Chapter 5.10 PERMITS

Chapter 5.10
PERMITS

Sections:

5.10.010 Special definitions.

5.10.020 Tax compliance certification.

5.10.030 Building codes adopted.

5.10.040 International Building Code and International Residential Code amendments.

5.10.050 Permit required.

5.10.060 Certificate of occupancy required.

5.10.070 Permit standards.

5.10.080 Permit fees.

5.10.090 Variances.

5.10.100 Posting.

5.10.110 Damage.

5.10.120 Violations—Penalties.

5.10.010 Special definitions.

“Registered surveyor” means a person registered pursuant to AS 09.48.171 et seq.

“Structure” means anything artificially built up or composed of parts joined together in some definite manner which requires location on the ground or attachment to something located on the ground. Structures include building, radio, T.V. and cellular telephone towers, storage vans, connex vans, sheds, water, sewer or fuel tanks, and permanent signs.

“Small structure” means a structure with exterior dimensions of one hundred sixty square feet or less. (Ord. 01-12-1 § 1 (part), 2001)

5.10.020 Tax compliance certification.

No permit required by this chapter shall be issued if any of the following circumstances exist: (a) the contractor is delinquent in the payment of any sales tax to the city; (b) the property owner is delinquent in the payment of property tax on the tax parcel for which the permit is requested; or (c) the contractor is in violation of any business license provision of this code, unless contractor or property owner is in a good faith dispute with the city regarding property tax or sales tax liability. Before issuing a permit, the building official shall receive a tax compliance certificate completed by the city clerk or the clerk’s designee which either certifies that the property owner is current on all payments of property tax for the tax parcel for which the permit is requested, and that the contractor is in compliance with all city sales tax and business license provisions of this code or identifies existing good faith disputes between city and contractor or property owner. (Ord. 01-12-1 § 1 (part), 2001)

5.10.030 Building codes adopted.

The 2006 edition of the International Building Code, the 2006 edition of the International Residential Code, the 2006 edition of the International Mechanical Code, the 2008 edition of the National Electrical Code, the 2006 edition of the Uniform Plumbing Code, and the 2006 edition of International Fire Code, as well as all administrative provisions thereof, as modified by the state of Alaska in 13 AAC 50.020, 13 AAC 50.023 and 13 AAC 50.025, are collectively adopted by reference as the building code of the city except as further modified by this chapter. (Ord. O-09-12-02 § 1, 2009: Ord. 01-12-1 § 1 (part), 2001)

5.10.040 International Building Code and International Residential Code amendments.

(a) Section 103.2 of the International Building Code (IBC) and Section R103.2 of the International Residential Code (IRC) are amended to replace “chief appointing authority” with “City Manager” and to add the following: “the City Manager shall be the ex-officio Building Official unless the City Manager appoints another person to be the Building Official”.

(b) Section 105.2 of the IBC and Section R105.2 of the IRC are amended by deleting the exemptions for water tanks less than five thousand gallons in size, structures with a floor area of less than one-hundred twenty square feet (IBC) and structures with a floor area of less than two hundred square feet (IRC).

Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, and completed within 730 days after its issuance. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods that cumulatively total not more than 730 days. Each extension shall be requested in writing and justifiable cause demonstrated and be accompanied by a fee equal to fifty percent (50%) of the original permit fee, or the fee that would be assessed for the remaining work whichever is less.

(d) Section 111 of the IBC and Section R1 11 of the IRC are deleted.

(e) Section 112 of the IBC and Section R1 12 of the IRC are amended to read:

The Planning Commission shall hear and decide appeals of orders, decisions or determinations made by the Building Official or the City Clerk relative to the application and interpretation of this Code. When hearing appeals, the Planning Commission shall use procedures established by the Planning Commission. In order to hear and decide appeals of orders, decisions or determinations made by the Planning Commission relative to the application and interpretation of this Code, there shall be and is hereby created a Board of Adjustment. That Board of Adjustment shall be made up of the City Council. The Board shall operate under the procedures established by NCO 11.40.020.

(f) Section 202 of the IBC is amended by replacing the definition for “Structure” with the following:

“STRUCTURE” means anything artificially built up or composed of parts joined together in some definite manner which requires location on the ground or attachment to something located on the ground. Structures include building, radio, T.V. and cellular telephone towers, storage vans, connex vans, sheds, water, sewer or fuel tanks and permanent signs.

(Ord. 01-12-1 § 1 (part), 2001)

5.10.050 Permit required.

(a) No person may construct, improve, remodel, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, boiler, furnace, water heater, breaker panel, oil tank, stationary propane tank, wood burning stove or fireplace or excavate or place fill on any property without first obtaining the required permits therefore.

(b) Subject to the exceptions contained in this chapter, the IBC as amended by this chapter, and the IRC as amended by this chapter:

(1) A building permit is required for all new construction.

(2) A demolition permit is required for any demolition of any existing structure.

(3) A mechanical/electrical permit is required for replacement or installation in an existing structure of any boiler, furnace, water heater, breaker panel, oil tank, stationary propane tank, wood burning stove or fireplace.

(4) A moving permit is required for any person to drag, pull or push, or cause to be dragged, pulled or pushed, any structure onto, across, along, or within any lot, street or sidewalk within the limits of the city.

(5) A remodeling permit is required for any alteration of, enlargement of, repair of or renovation of any structure.

(6) An excavation/fill permit is required for any excavation or fill of land that materially alters runoff from the property to be excavated or filled.

(7) A floodplain development permit is required for any development in an area of special flood hazard as defined in NCO Section 11.50.060.

(c) Applications for any required permit shall be on a form prescribed by and filed with the building official, shall contain all information required by the building official, or required by NCO Section 11.50.020(b), and shall be signed by either the owner of the property or the structure, or by the owner’s contractor responsible for accomplishing the work for which the permit is requested.

(d) The applicable fee shall be paid at the time any permit application is issued. The building official shall not begin to review any submitted application until such time as the certification of compliance with tax and licensing provisions required by NCO Section 5.10.020 has been issued by the city clerk. (Ord. O-10-05-01 § 2, 2010; Ord. O-10-04-01A § 3, 2010; Ord. 01-12-1 § 1 (part), 2001)

5.10.060 Certificate of occupancy required.

No person shall occupy or inhabit any structure at any time unless and until the building official has issued a certificate of occupancy for the structure. (Ord. 01-12-1 § 1 (part), 2001)

5.10.070 Permit standards.

(a) Building Permit. No application for a building permit shall be approved unless all the following requirements, (to the extent applicable), are satisfied:

(1) The structure must be constructed in conformance with the building setback requirements established by NCO Title 18. Applications for variances must be submitted for nonstandard lots.

(2) Every structure intended for residential occupancy shall provide off-street parking for at least one vehicle. Multi-unit residential structures shall provide for at least one off-street parking area per residential unit.

(3) The applicant must agree to connect to the city water and sewer system before occupancy may occur, provided the system fronts on the property.

(4) The applicant must agree to comply with all applicable building, mechanical, plumbing and electrical codes adopted by the city in NCO Sections 5.10.030 and 5.10.040.

(5) For structures other than small structures, a survey of the property shall be conducted by a registered surveyor.

(6) For small structures a building permit application shall be accompanied by a drawing that identifies lot lines and intended placement of the structure sufficient to allow the building official to determine compliance with required setbacks. After reviewing this drawing, if the building official concludes that a survey is necessary to determine compliance with required setbacks, the building official shall require and the applicant shall provide a survey of the property conducted by a registered surveyor.

(7) A construction plan is submitted and approved by the building official.

(8) A drainage plan is submitted showing to the satisfaction of the building official that runoff from the property, after completion of the project, will be properly channeled into existing drainage ditches, or will not increase runoff onto adjacent property. Said plan shall include existing and proposed contours and proposed drainage systems with spot elevations along drainage flow lines.

(9) The structure will be constructed, altered or placed so as to have a minimum elevation equal to or greater than the center elevation of the street upon which the structure fronts.

(b) Moving Permit. No application for a moving permit shall be approved unless all of the following requirements (to the extent applicable) are satisfied:

(1) The structure must be placed in conformance with the building setback requirements established by NCO Title 18. Applications for variances must be submitted for nonstandard lots.

(3) The applicant must agree to connect to the city water and sewer system before occupancy may occur, provided the system fronts on the property.

(4) The applicant must agree to comply with all applicable building, mechanical, plumbing and electrical codes adopted by the city in NCO Sections 5.10.030 and 5.10.040.

(5) For structures other than small structures, a survey of the property shall be conducted by a registered surveyor.

(6) For small structures a moving permit application shall be accompanied by a drawing that identifies lot lines and intended placement of the structure sufficient to allow the building official to determine compliance with required setbacks. After reviewing this drawing, if the building official concludes that a survey is necessary to determine compliance with required setbacks, the building official shall require and the applicant shall provide a survey of the property conducted by a registered sur-

veyor. Small structures for which a survey is not required shall be subject to field verification prior to placement.

(7) The structure will be placed so as to have a minimum elevation equal to or greater than the center elevation of the street upon which the structure fronts.

(8) For structures moved into Nome from outside city boundaries, including, but not limited to modular or mobile homes, the structure shall comply with the provisions of this code for new structures. Such structures shall not require a separate building permit but shall be inspected and any hazards to health, life or safety or items not in compliance with requirements of this code for new construction shall be corrected before use or occupancy. A mobile or modular home that bears the certification label required by the Code of Federal Regulations (CFR) Part 3282.362(c)(2)(C) or the certification label permitted by CFR Part 3282.13, and attesting to that mobile home’s conformance with federal standards for Zone III construction, as set out in CFR Part 3280 need not be inspected except to determine if the structure has been damaged in transit to Nome so as to require repairs to achieve compliance with requirements of this code or to correct any hazards to health, life or safety.

(c) Remodeling Permit. No application for a remodeling permit shall be approved unless all of the following requirements to the extent applicable to the project are satisfied:

(1) The structure must be constructed or placed in conformance with the building setback requirements established by NCO Title 18. Applications for variances must be submitted for nonstandard lots.

(3) The applicant must agree to connect to the city water and sewer system before occupancy may occur, provided the system fronts on the property.

(4) The applicant must agree to comply with all applicable building, mechanical, plumbing and electrical codes adopted by the city in NCO Sections 5.10.030 and 5.10.040.

(5) A drainage plan is submitted showing to the satisfaction of the building official that runoff from the property, after completion of the project, will be properly channeled into existing drainage ditches, or will not increase runoff onto adjacent property. Said plan shall include existing and proposed contours and proposed drainage systems with spot elevations along drainage flow lines.

(d) Mechanical/Electrical Permit. No application for a mechanical/electrical permit shall be approved unless all of the following requirements to the extent applicable to the project are satisfied:

(1) The applicant must agree to comply with all applicable building, mechanical, plumbing and electrical codes adopted by the city in NCO Sections 5.10.030 and 5.10.040.

(e) Excavation/Fill Permit. No application for an excavation/fill permit shall be approved unless all of the following requirements are satisfied:

(1) The applicant must agree to comply with all applicable building, mechanical, plumbing and electrical codes adopted by the city in NCO Sections 5.10.030 and 5.10.040.

(2) A drainage plan is submitted showing to the satisfaction of the building official that runoff from the property, after completion of the project, will be properly channeled into existing drainage ditches, or will not increase runoff onto adjacent property. Said plan shall include existing and proposed contours and proposed drainage systems with spot elevations along drainage flow lines.

(f) Demolition Permit. No application for a demolition permit shall be approved unless all of the following requirements to the extent applicable to the project are satisfied:

(1) A demolition plan is submitted and approved by the building official. (Ord. O-09-03-02 §§ 1—3, 2009; Ord. 01-12-1 § 1 (part), 2001)

5.10.080 Permit fees.

(a) Fees for moving, demolition and excavation permits are as follows:


Permit	Fee
Fill/Excavation	$25.00
Moving	$25.00
Demolition	Free

(b) Remodeling, building, electrical and mechanical permit fees are as follows:

Table 5.10.080.A

Building Permit Fees


Total Valuation	Fee
$1.00 to $500.00	$23.50
$501.00 to $2,000.00	$23.50 for the first $500.00 plus $3.05 for each additional $100.00, or fraction thereof, to and including $2,000.00
$2,000.00 to $25,000.00	$69.25 for the first $2,000.00 plus $14.00 for each additional $1,000.00, or fraction thereof, to and including $25,000.00
$25,001.00 to $50,000.00	$391.25 for the first $25,000.00 plus $10.10 for each additional $1,000.00, or fraction thereof, to and including $50,000.00
$50,001.00 to $100,000.00	$643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00, or fraction thereof, to and including $100,000.00
$100,001.00 to $500,000.00	$993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00, or fraction thereof, to and including $500,000.00
$500,001.00 to $1,000,000.00	$3,233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00, or fraction thereof, to and including $1,000.000.00
$1,000.001.00 and up	$5,608.75 for the first $1,000,000.00 plus $3.15 for each additional $1,000.00, or fraction thereof

(1) Inspection outside of normal business hours—forty-seven dollars per hour (minimum charge—two hours);

(2) Reinspection fees—forty-seven dollars per hour;

(3) Inspections for which no fee is specifically indicated—forty-seven dollars per hour (minimum charge—one-half-hour);

(4) Additional plan review required by changes, additions or revisions to plans-forty-seven dollars per hour (minimum charge—one-half-hour);

(5) For use of outside consultants for plan checking and inspections, or both — actual costs.

(d) Total valuation of the proposed construction will be determined by the building official using the most recent building valuation data published by the International Conference of Building Officials or the applicant’s estimate of valuation. (Ord. 01-12-1 § 1 (part), 2001)

5.10.090 Variances.

(a) It is recognized there are special cases where unusual physical features (including small lot size), location within a commercial or historic district, special design features which can be incorporated into the structure, and the limited building season make strict application of the foregoing regulations unreasonable. Variances are intended to allow a relaxation of the terms of these regulations in such cases. A variance shall not be granted merely for reason of financial hardship or inconvenience. An applicant may request a variance from the planning commission. The planning commission must meet within fourteen days from the time a completed application is received in the clerk’s office. Upon receipt of a completed application, the city clerk shall provide notice of the application and the date of the planning commission meeting at which the application will be heard, by regular mail to all adjacent property owners.

(b) Denials may be appealed to the board of adjustment. The planning commission may impose restrictions and conditions as necessary to assure complete compliance with the foregoing regulations as is reasonable. The planning commission may grant a variance only if the planning commission believes, based upon the facts placed before the commission by the applicant, the city, and members of the public, that all of the following are true:

(1) The variance is needed in order to provide the applicant or property owner rights commonly enjoyed by other similarly situated properties in the same district or neighborhood;

(2) The applicant or property owner did not cause the condition that requires the variance;

(3) The variance is not requested simply to save the applicant or property owner money;

(4) The variance is not requested merely because complying with the regulations is inconvenient;

(5) Unusual physical features make strict application of the applicable regulations unreasonable;

(6) The variance requested is the minimal variance needed in order to alleviate the hardship to the applicant or property owner resulting from strict application of the applicable provisions of ordinance or regulation;

(7) Granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws, ordinances or regulations;

(8) The variance will not permit a land use in a district in which that use is prohibited. (Ord. 01-12-1 § 1 (part), 2001)

5.10.100 Posting.

An applicant must maintain a legible copy of all permits and inspection forms posted at the construction site. No construction or relocation may occur other than that authorized in the permits and approved inspections. (Ord. 01-12-1 § 1 (part), 2001)

5.10.110 Damage.

A person who damages or causes to be damaged city property while relocating a structure is strictly liable to the city for such damage. Damage must be reported to the city manager or his or her designee within twenty-four hours. Upon conviction of a violation for failure to report damage to city property, the court may impose a penalty not to exceed two hundred fifty dollars plus any surcharge required to be imposed by AS 12.55.039. This remedy is in addition to the remedies available to the city in civil law. (Ord. 01-12-1 § 1 (part), 2001)

5.10.120 Violations—Penalties.

(a) An infraction of any provision of this chapter shall constitute a civil violation subjecting each offender to a civil penalty not to exceed three hundred dollars per occurrence plus any surcharge required to be imposed by AS 12.55.039. Each day of an infraction shall constitute a separate offense.

(b) An intentional infraction of any provisions of this chapter shall constitute a misdemeanor offense subjecting each offender to a maximum fine not to exceed one thousand dollars plus any surcharge required to be imposed by AS 12.55.039 and one year imprisonment. Each day of an intentional infraction shall constitute a separate offense. (Ord. O-11-03-01 § 2, 2011; Ord. 01-12-1 § 1 (part), 2001)