(Revised 1/03) 68/74

Chapter 10
BUILDINGS AND GENERAL BUILDING REGULATIONS¹

Art. I. In General, §§ 10-1 – 10-11

Art. II. Manufactured Housing Standards, § 10-12

Art. III. Wood Stoves and Other Solid Fuel Heating Appliances, § 10-13

Art. IV. Agricultural Buildings, § 10-14

Art. V. Permits, Investigation, § 10-15

ARTICLE I. IN GENERAL

Sec. 10-1. Code adoption.

(a) The approved editions of the following codes, as adopted by the state of Idaho or the Idaho Building Code Board, are adopted as building codes of the city of Lewiston, except as provided in sections 10-3 and 10-4:

(1) 2006 International Building Code (IBC), including Appendix E, Supplementary Accessibility Requirements; excluding the incorporated electrical code, mechanical code, fuel gas code, plumbing code, fire code and property maintenance code other than specifically referenced subjects or sections of the International Fire Code; excluding any reference to flood requirements which shall be governed by Chapter 37, Article V, Floodplain Management, of this code.

(2) 2006 International Residential Code (IRC), Parts I – VI, VIII and IX; including Appendix G, Swimming Pools, Spas and Hot Tubs.

(3) 2006 International Energy Conservation Code (IECC).

(4) 2006 International Mechanical Code (IMC).

(5) 2006 International Fuel Gas Code (IFGC).

The adopted versions of the foregoing codes shall be deemed superseded by successive versions of such codes as they are adopted or approved by the Idaho Building Code Board effective on the date any such codes are made effective by the Idaho Building Code Board.

(b) The 2006 International Existing Building Code is adopted as the building code of the city of Lewiston, except as provided in sections 10-7 and 10-8 of this code.

(c) Nez Perce County, a political subdivision of the state of Idaho, shall not be required to obtain building permits from the city as required by the above adopted building codes for construction, repair or remodel of structures owned and occupied by Nez Perce. Nothing herein exempts Nez Perce County from complying with said codes, but permits from the city shall not be required and inspections of construction, repair or remodel shall not be performed by city inspectors. (Ord. No. 4323, § 2, 12-9-02; Ord. No. 4397, § 1, 3-28-05; Ord. No. 4494, § 1, 1-7-08)

State law reference – Power to incorporate codes by reference, Idaho Code, § 50-901.

Sec. 10-2. Code adoption – Available for inspection.

The city clerk shall maintain not less than one (1) duly certified copy of the adopted codes at the office of the city clerk for use and examination by the public during normal business hours, in accordance with Idaho Code, Section 50-901. (Ord. No. 4323, § 2, 12-9-02; Ord. No. 4494, § 1, 1-7-08)

Sec. 10-3. International Building Code – Amendments.

The International Building Code, compiled by the International Code Council, adopted by section 10-1 of this code, is hereby amended as follows:

(a) Chapter 1, Section 112, is hereby amended to read as follows:

(1) In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application of this code and other building codes adopted by the city, there shall be and is hereby created a board of appeals, consisting of seven (7) members who are qualified by experience and training to pass upon matters pertaining to building construction. The building official shall act as secretary of the board. The board of appeals shall be appointed by the mayor with the advice and consent of the council, and each member shall serve a three-year term. The board shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the appellant and to the building official and may recommend to the city council such new legislation as is consistent therewith. A majority of the appointed members of the board shall constitute a quorum for all meetings of the board of appeals.

(2) The board of appeals shall have no authority relative to the interpretation of the administrative provisions of this code, nor shall the board be empowered to waive the requirements of this code.

(3) Notwithstanding paragraph (2) above, on an appeal brought to the board of appeals, the board may exercise any and all discretionary powers in consideration of waivers or alternate methods of compliance when that discretion is specifically granted to the building official by the codes adopted by the city.

(4) An appeal from a ruling of the building official or the fire official may be made in writing to the board of appeals by an affected person, within thirty (30) days of the ruling.

(b) Chapter 1, Section 101.2, Scope, is hereby amended to read as follows:

101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.

Exception:

1. Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures shall comply with the International Residential Code.

2. Existing buildings undergoing repair, alterations or additions and change of occupancy shall be permitted to comply with the 2006 International Existing Building Code, as adopted by the City of Lewiston.

(c) Chapter 1, Section 101.4.1, Electrical, is deleted and repealed in its entirety.

(d) Chapter 1, Section 101.4.4, Plumbing, is deleted and repealed in its entirety.

(e) Chapter 1, Section 101.4.5, Property maintenance, is deleted and repealed in its entirety.

(f) Chapter 1, Section 103.1, Creation of enforcement agency, is hereby amended to read as follows:

103.1 Creation of enforcement agency. The division of building safety is hereby created and the official in charge thereof shall be known as the building official.

(g) Chapter 1, Section 103.2, Appointment, is deleted and repealed in its entirety.

(h) Chapter 1, Section 105.1.1, Annual permit, is deleted and repealed in its entirety.

(i) Chapter 1, Section 105.1.2, Annual permit records, is deleted and repealed in its entirety.

(j) Chapter 1, Section 105.2, Work exempt from permit, subsections titled Electrical and Plumbing are deleted and repealed in their entirety.

(k) Chapter 1, Section 105.8, Special permits, is hereby amended to read as follows:

105.8 Special permits. In addition to other permits or fees required by the code, the following activities or work shall require special permits: demolition of a structure, in-ground swimming pools, moving of a building, automatic fire sprinkler system inside a building, crawl space foundation permit, utility permit, manufactured home set-up permit. Special permits shall be on a form designated by the building official and shall be obtained prior to commencing any work. The applicant shall pay permit fees according to the adopted Special Permits Fee Schedule. Whenever any work is commenced without first obtaining any of the special permits listed in this section a special investigation shall be made before a permit is issued.

An investigation fee shall be collected in addition to any permit fees that may be required. The minimum investigation fee shall be equal to the permit fee whether a permit fee is subsequently issued or not.

(l) Chapter 1, Section 106.5, Retention of construction documents, is hereby deleted and repealed in its entirety.

(m) Chapter 1, Section 108.2, is hereby amended by adding new Section 108.2.1 as follows:

108.2.1 Schedule.

All building fees shall be assessed as set forth in the fee schedule adopted by the city and as provided in Chapter 1 of the 1997 Uniform Building Code. Beginning with October 1, 1999, and each succeeding October 1, thereafter, building fees shall be increased by the same percentage as the increase in the consumer price index as published by the United States Department of Labor or other federal agency for the preceding twelve (12) months ending on the prior May 31.

(n) Chapter 1, Section 108.2.2, Plan review fee, is hereby amended to read as follows:

108.2.2 Plan review fee.

When submittal documents are required by Section 106.1, a plan review fee shall be paid upon application for a permit. Said plan review fee shall be sixty-five (65) percent of the building permit fee as shown in the fee schedule. Plan review fees specified in this section are separate fees from the permit fees specified in Section 108.2.1 and are in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittals items as defined in Section 106.3.4.2, an additional plan review fee shall be charged as shown in the fee schedule.

(o) Chapter 1, Section 108.3, Building permit valuations, is adopted in its entirety and amended with the addition of a second paragraph as follows:

In order to establish a building permit valuation the division of building safety shall use square foot construction cost figures listed in the annual August building valuation data table printed in the Building Safety Journal published by the International Code Council. Square foot cost figures shall be used for all occupancy classifications and type of construction included in the published table. For types of work not included in the published table the valuation shall be determined by the building official.

(p) Chapter 1, Section 108.4, Work commencing before permit issuance, is hereby deleted and repealed in its entirety.

(q) Chapter 1, Section 108.7, is hereby amended by adding the following:

108.7 Special accessibility fee.

Notwithstanding the foregoing, the building permit fee for barrier removal in existing buildings, solely to enhance building accessibility for the disabled and not associated with any other work, shall be one dollar ($1.00).

(r) Chapter 1, Section 111.1, Connection of service utilities, is amended to read as follows:

A final inspection and approval is required upon completion and prior to occupancy and use of all buildings and structures. Lack of building official approval may result in the termination of utility services to said building or structure and prosecution under International Building Code Section 113.3.

(s) Chapter 1, Section 113.4, Violation, penalties, is hereby amended to read as follows:

Any person, firm or corporation violating any of the provisions of this code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, continued or permitted; and, upon conviction of any such violation, such person shall be punishable by a fine of not more than three hundred dollars ($300.00) or by imprisonment of not more than ninety (90) days, or both such fine and imprisonment.

(t) Chapter 1, Section 115, Unsafe structures and equipment, is hereby deleted and repealed in its entirety.

(u) Insert the following language in Chapter 202, Definitions:

1. Bedroom. See sleeping room.

2. Sleeping Room. A room with a closet shall be considered a sleeping room regardless of its intended use by the current owner (i.e., den, office, study, media, sewing or exercise room, etc.). All bedrooms shall be provided with emergency escape and rescue opening and smoke alarms as required.

(v) Chapter 16, Section 1608.2, Roof snow loads, is amended to read as follows:

1608.2 Roof snow loads. The roof snow load to be used in determining the design snow loads for the City of Lewiston shall be 25 psf.

(w) Chapter 1, Section 1612, Flood loads, is deleted and repealed in its entirety. (Ord. No. 4397, § 3, 3-28-05; Ord. No. 4494, § 1, 1-7-08)

Sec. 10-4. International Residential Code – Amendments.

The International Residential Code, compiled by the International Code Council, adopted by section 10-1 of this code, is hereby amended as follows:

(a) Appendix Chapter G to the International Residential Code is hereby adopted.

(b) Chapter 1, Section R101.2, Scope, is hereby amended to read as follows:

R101.2 Scope. The provisions of the International Residential Code for One- and Two-Family Dwellings shall apply to the construction, alteration, movement, enlargement, replacements, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories in height with a separate means of egress and their accessory structures.

(c) Chapter 1, Section R103.1, Creation of enforcement agency, is hereby amended to read as follows:

R103.1 Creation of enforcement agency. The division of building safety is hereby created and the official in charge thereof shall be known as the building official.

(d) Chapter 1, Section R103.2, Appointment, is deleted and repealed in its entirety.

(e) Chapter 1, Section R104.10.1, Areas prone to flooding, is amended as follows:

R104.10.1 Areas prone to flooding. The building official shall not grant modifications to any provision related to areas prone to flooding as established by Table R301.2(1) without the review and approval of the City of Lewiston Floodplain Administrator.

(f) Chapter 1, Section R105.2, Work exempt from permit, subsection titled Electrical is deleted and repealed in its entirety.

(g) Chapter 1, Section R105.3.1.1, Substantially improved or substantially damaged existing buildings in areas prone to flooding, is amended as follows:

R105.3.1.1 Substantially improved or substantially damaged existing buildings in areas prone to flooding. For applications for reconstruction, rehabilitation, addition, or other improvement of existing buildings or structures located in an area prone to flooding as established by Table R301.2(1), the City of Lewiston Floodplain Administrator shall examine or cause to be examined the construction documents and shall prepare a finding with regard to the value of the proposed work. For buildings that have sustained damage of any origin, the value of the proposed work shall include the cost to repair the building or structure to its predamage condition. All substantially improved or reconstruction of existing structures shall be made in accordance with the Lewiston City Code Section 37-139.

(h) Chapter 1, Section R108, is hereby amended by adding a new section to be designated as Section R108.2.1 to read as follows:

R108.2.1 Plan review fee.

1. When submittal documents are required by Section 106.1, a plan review fee shall be paid upon application for a permit. Said plan review fee shall be sixty-five (65) percent of the building permit fee as shown in the fee schedule. Plan review fees specified in this section are separate fees from the permit fees specified in Section 108.2 and are in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan review an additional plan review fee shall be charged as shown in the fee schedule.

2. Where duplicate plans are submitted for work which has been previously reviewed and approved by the City Building Official, and plans remain unchanged, with the exception of a site plan, the plans may be considered as standard plans requiring payment of a plan review fee equal to one-half (1/2) of the full plan review fee. However, the full plan review fee shall be required for any standard plan which is changed or altered or upon adoption of a more current edition of the Uniform Building Code.

3. Plan review fees for new residential dwellings in subdivisions approved by the city shall be fifty-two (52) percent of the building permit fee as shown in the fee schedule.

(i) Chapter 1, Section R108.3, Building permit valuations, is adopted in its entirety and amended with the addition of a second paragraph as follows:

In order to establish a building permit valuation the division of building safety shall use square foot construction cost figures listed in the annual August building valuation data table printed in the Building Safety Journal published by the International Code Council. Square foot cost figures shall be used for all occupancy classifications and type of construction included in the published table. For types of work not included in the published table the valuation shall be determined by the building official.

(j) Chapter 1, Section R111.1, Connection of service utilities, is amended to read as follows:

A final inspection and approval is required upon completion and prior to occupancy and use of all buildings and structures. Lack of building official approval may result in the termination of utility services to said building or structure and prosecution under International Residential Code Section R113.3.

(k) Chapter 1, Section R113.4, is hereby amended to read as follows:

Any person, firm or corporation violating any of the provisions of this code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, continued or permitted; and, upon conviction of any such violation, such person shall be punishable by a fine of not more than three hundred dollars ($300.00) or by imprisonment of not more than ninety (90) days, or both such fine and imprisonment.

(l) Insert the following language in Chapter R202, Definitions:

1. Bedroom. See sleeping room.

2. Sleeping Room. A room with a closet shall be considered a sleeping room regardless of its intended use by the current owner (i.e., den, office, study, media, sewing or exercise room, etc.). All bedrooms shall be provided with emergency escape and rescue opening and smoke alarms as required.

(m) Chapter 3, Section R309.2, Separation required, is amended to read as follows:

R309.2 Separation required.

Private garages shall be separated from residences and their attic area by means of a minimum 5/8-inch, Type X gypsum board applied to the garage side. Door openings between the garage and residence, shall be equipped with either a solid core wood door not less than 1-3/8-inch in thickness, solid or honeycombed steel door not less than 1-3/8-inch in thickness, or a door in compliance with International Building Code Section 715. Openings from a private garage into a room used for sleeping purposes shall not be allowed.

(n) Chapter 3, Table R301.2(1), is amended as follows:

Table block titled “Ground Snow Load” to be annotated with “Roof Snow Load is 25 psf.”

Table block titled “Wind Speed” to be annotated with “90.”

Table block titled “Seismic Design Category” to be annotated with “B.”

Table block titled “Weathering” to be annotated with “Severe.”

Table block titled, “Frost line depth” to be annotated with “24 inches.”

Table block titled “Termite” to be annotated with “S to M.”

Table block titled, “Decay” to be annotated with “None to Slight.”

Table block titled, “Winter Design Temp” to be annotated with “6 degrees Fahrenheit.”

Table block titled, “Ice Shield Underlayment Required” to be annotated with “No.”

Table block titled, “Flood Hazards” to be annotated with “Floodplain Ordinance 4108 effective 8-15-94, and FIRM maps as currently adopted.”

Table block titled, “Air Freezing Index” to be annotated with “800.”

Table block titled, “Mean Annual Temp” to be annotated with “53 degrees Fahrenheit.”

(o) Delete Section R404.1 and insert the following:

R404.1 Concrete and masonry foundation walls. Concrete and masonry foundation walls shall be selected and constructed in accordance with the provisions of Section R404 or in accordance with ACI 318, ACI 332, NCMATR68-A or ACI 43330/ASCE 5/TMS 402 or other approved structural standards. When ACI 318, ACI 332, NCMATR68-A or ACI 43330/ASCE 5/TMS 402 or the provisions of R404 are used to design concrete or masonry foundation walls, project drawings, typical details and specifications are not required to bear the seal of the architect or engineer responsible for design, unless otherwise required by the state law of the jurisdiction having authority.

(p) Table R404.1 (1) “Top Reactions and Prescriptive Support for Foundation Walls,” Table R 404.1 (2), “Maximum Plate Anchor-Bolt Spacing for Supported Foundation Wall,” and Table R404.1 (3) “Maximum Aspect Ratio, l/w for Unbalanced Foundations,” are deleted in their entirety. (Ord. No. 4397, § 5, 3-28-05; Ord. No. 4494, § 1, 1-7-08)

Sec. 10-5. Reinspections.

A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made.

This section is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection.

To obtain a reinspection, the applicant shall file an application therefor in writing on a form furnished for that purpose and pay the reinspection fee in accordance with the appropriate adopted permit fee schedule. (Ord. No. 4397, § 6, 3-28-05; Ord. No. 4494, § 1, 1-7-08)

Sec. 10-6. International Mechanical Code – Amendments.

(a) Chapter 1, Section 109, of the International Mechanical Code is hereby amended to read as follows:

In order to determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of the provisions of this code, there shall be and is hereby created a board of appeals, which board of appeals shall be the same board of appeals as created by Section 112 of the International Building Code, as amended by Lewiston City Code section 10-3(a).

(b) Chapter 1, Section 108, of the International Mechanical Code is hereby adopted in its entirety and amended by adding the following paragraph:

Any person, firm or corporation violating any of the provisions of this code shall be deemed guilty of a misdemeanor and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions is committed, continued, or permitted, and upon conviction of such violation, such person shall be punished by a fine of not more than three hundred dollars ($300.00) or by imprisonment of not more than ninety (90) days, or by both such fine and imprisonment.

(c) All fees shall be assessed as set forth in the adopted mechanical permit fee schedule. Beginning October 1, 2004, and each succeeding October 1st, thereafter, mechanical permit fees shall be increased by the same percentage as the increase in the consumer price index as published by the United States Department of Labor or other federal agency for the preceding twelve (12) months ending on the prior May 31st. (Ord. No. 4323, § 2, 12-9-02; Ord. No. 4333, § 1, 8-25-03; Ord. No. 4397, § 7, 3-28-05; Ord. No. 4494, § 1, 1-7-08)

Sec. 10-7. International Existing Building Code – Amendments.

(a) Chapter 13, Section 1301.2, of the International Existing Building Code is amended to read as follows:

Applicability. Structures existing prior to January 1, 1950.

(Ord. No. 4494, § 1, 1-7-08)

Editor’s note – Ord. No. 4494, § 1, adopted Jan. 7, 2008, repealed and replaced § 10-7. Said section pertained to the Uniform Housing Code, and was derived from Ord. No. 4323, § 2, adopted Dec. 9, 2002.

Sec. 10-8. Reserved.

Editor’s note – Ord. No. 4494, § 1, adopted Jan. 7, 2008, repealed § 10-8, relative to the Uniform Code for the Abatement of Dangerous Buildings, which was derived from Ord. No. 4323, § 2, adopted Dec. 9, 2002.

Sec. 10-9. Building lines.

(a) No building shall be constructed closer than ten (10) feet from the property line on the south side of “F” Street between Fifth Street and New Sixth Street and on the north side of “D” Street between Old Sixth Street and Eleventh Street.

(b) The face of the building line for the south side of “F” Street from Twelfth Street to Thirteenth Street shall be established and defined at its end points by Monument 56/50 and Monument 56/51, described respectively as follows:

(1) Monument 56/50 shall be on the centerline of Thirteenth Street a distance of 29.90 feet and a bearing of S. 4° 14¢ E. of Monument 7/24, which is located in the center of the intersection of Thirteenth Street and “F” Street West.

(2) Monument 56/51 shall be on the centerline of Twelfth Street a distance of 29.00 feet and on a bearing of S. 7° 06¢ W. of Monument 7/22, which is located in the center of the intersection of Twelfth Street and “F” Street East.

(c) The building official shall refuse building permits to any applicant for the construction of a building along the portions of the streets referred to in this section, unless the plans of construction of proposed buildings conform to this section. (Ord. No. 4323, § 2, 12-9-02; Ord. No. 4494, § 1, 1-7-08)

Sec. 10-10. Permit required for moving of building or structure; inspection by building official; deposit of cash or surety bond; liability.

(a) No person shall move any building over, along or across any highway, street or alley in the city, or from one lot to another or from a part of a lot to another location on the same lot, without first obtaining approval from the public works administrator and obtaining a permit therefor from the building official, as required by the building code. The term building official includes the city building inspector, his assistants and agents.

(b) In addition to approval from the public works administrator and any other information required by the building code for such a permit, the applicant shall furnish to the building official, on forms to be provided therefor, the location and description of the building or structure to be moved, and a description of the property to which the building or structure is to be moved. The building official shall thereupon cause the building or structure to be inspected for compliance with all applicable laws of the city and state, including, but not necessarily limited to, zoning laws and building codes applicable to the property to which the building or structure is to be moved.

(c)(1) Upon receipt of an application for a permit hereunder, and after the inspection required by subsection (b) of this section , city departments and public utilities affected shall estimate the expense, if any, which will be incurred by moving and replacing any electric wires, street lamps, or any other property of the city by reason of the moving of the building or structure, together with the costs of materials necessary to be used in making such removals and replacements required in monitoring the move. After the estimation by affected city departments and public utilities, the public works administrator shall approve or disapprove the application based on potential damage to public rights-of-way and/or public utilities and potential hazard to the public. Prior to the issuance of the permit the applicant shall pay to the city, in addition to other permit fees provided for herein, a sum equal to the estimate provided for above. After completion of the move, the city shall itemize its costs for labor and materials. If the actual costs are less than the estimate made, the difference shall be refunded to the applicant. If the actual costs are more than the estimate, the applicant shall pay the difference to the city. In no event shall a subsequent permit be issued to an applicant who has failed to pay for any cost provided herein.

(2) At the time of application, the applicant shall provide proof of motor vehicle insurance insuring all vehicles used by the permittee in the permittee’s business. Minimum acceptable limits for insurance shall be those established by the Idaho Public Utilities Commission for the permittee’s business.

(3) The permittee shall be liable for any expenses, damages or costs incurred by the city in excess of deposited amounts or securities, and the city attorney shall prosecute an action against the permittee in a court of competent jurisdiction for the recovery of such excessive amounts. Such amounts shall also be a lien against the property from which the building or structure was removed and shall also be a lien against the property to which the building or structure is moved. Such liens may be enforced by the city as provided by Idaho Code, Section 50-1008. (Ord. No. 4323, § 2, 12-9-02; Ord. No. 4494, § 1, 1-7-08)

Sec. 10-11. Deposit of cash or surety bond required of persons applying for permit for removal or demolition of buildings or structures.

(a) Any person applying for a permit for the removal or demolition of any building or structure in the city, as required by the building code, shall, in addition to any other permit fees required, accompany such application with a cash deposit in such sum as may, in the opinion of the building official, be sufficient to cover the costs of such building removal or demolition, according to the terms of the permit, or two hundred fifty dollars ($250.00), whichever is greater, within such time as shall be determined by the building official at the time the permit is issued, which time for completion of said work shall be endorsed on the face of the permit.

(b) Any person filing an application for a permit for the removal or demolition of any building or structure in the city, may, in lieu of the general cash deposit required above, file with the building official a performance bond, approved as to form by the city attorney, executed by a bonding or surety company authorized to do business in the state of Idaho, in an amount sufficient to cover the costs and expenses of such building removal or demolition, or two hundred fifty dollars ($250.00), whichever is greater. Such bond shall run to the city and shall be conditioned upon the faithful compliance with this and other applicable ordinances and laws.

(c) In addition to any other requirements imposed upon the demolition or removal permit under the building code, as adopted by the city of Lewiston, the permittee shall be required to remove or demolish the building or structure which is the subject of the permit within such time as the building official, at the time of the granting of the permit, shall determine. The permittee shall also properly disconnect and plug all utility lines, including but not necessarily limited to electricity, water, telephone, and sewer facilities, prior to the commencement of such demolition or removal work; shall carry out the demolition or removal in an orderly and workmanlike manner; and shall leave the premises free from materials and debris and the surface of the ground in a reasonably level condition.

(d) Demolition or removal of accessory buildings, which are hereby defined to be structures which are incidental and subordinate to the main use of the property and located on the same lot as the principal building or structure and not served by a utility, are hereby exempted from the provisions of this section; provided, however, that all other requirements of this section are met.

(e) In the event that the building official shall refuse to issue the requested permit, he shall return to the applicant all deposits and bonds, except permit fees as he may be authorized, by law, to retain for the processing of such application.

(f) Should the permittee complete all removal or demolition work in accordance with the requirements of this section, so that no further expenses or costs need be incurred by the city, as determined by the building official, then the deposit or bond required by this section shall be returned to the permittee.

(g) In the event that the removal or demolition work is not completed in accordance with the requirements of this section, the building official shall direct the public works administrator to perform all work necessary to complete the removal or demolition of all materials and debris. All cost incurred by the city for completion of the work shall be paid by deducting an amount equal to the cost of completion from the cash deposit or bond submitted by the permit holder. In the event the cash deposit or bond is not sufficient to pay the city’s cost to complete the demolition and removal the city shall have the right under state law to lien the real property whereon the demolition and removal occurred.

(h) The permittee shall be liable for any expenses, damages, or costs incurred by the city in excess of the deposited amounts or securities, and the city attorney shall prosecute an action against the permittee in a court of competent jurisdiction for the recovery of such excessive amounts. Such amounts shall be a lien against the property upon which the removed or demolished structure was located at the time of the issuance of the permit, which lien shall be enforced by the city as provided by Idaho Code, Section 50-1008. (Ord. No. 4323, § 2, 12-9-02; Ord. No. 4494, § 1, 1-7-08)

ARTICLE II. MANUFACTURED HOUSING STANDARDS

Sec. 10-12. Manufactured housing standards.

(a) The latest edition of the Idaho Manufactured Home Installation Standard, as promulgated by the Idaho Division of Building Safety, is hereby adopted as the manufactured housing installation standard of the city of Lewiston, except as provided in this section.

(b) The adopted edition of the foregoing standard shall be deemed superseded by successive editions of such standard as they are adopted or approved by the Idaho Building Code Board effective on the date any such standard is made effective by the Idaho Building Code Board.

(c) Ramadas are not permitted within the city.

(d) Ramada defined. Stationary structures having a roof extending over the home, over patios or over parking spaces. (Ord. No. 4323, § 2, 12-9-02; Ord. No. 4397, § 8, 3-28-05; Ord. No. 4494, § 1, 1-7-08)

Cross references – General penalty for violation of code, § 1-7; manufactured homes, manufactured home parks and tourist facilities, Ch. 23; zoning conditional uses, § 37-103 et seq.

ARTICLE III. WOOD STOVES AND OTHER SOLID FUEL HEATING APPLIANCES

Sec. 10-13. Installation permits required for wood stoves and other solid fuel heating appliances.

(a) It shall be unlawful for any person to install a wood stove or other solid fuel heating appliance in any new or existing structure within the city without first obtaining a building permit therefor as provided in the building code as adopted by the city.

(b) It shall be unlawful for any person in the city to advertise for sale, to offer to sell or to sell any wood stove or other solid fuel heating appliance which:

(1) Has not been certified as clean-burning or exempt by the Oregon Department of Environmental Quality as of July 1, 1988; or

(2) The seller demonstrates is a wood stove or other solid fuel heating appliance that meets the following Environmental Protection Agency requirements:

a. For a wood stove or other solid fuel heating appliance with a minimum heat output of less than forty thousand (40,000) Btu per hour, after July 1, 1990, particulate emission shall not exceed:

1. Seven and five-tenths (7.5) grams per hour for a noncatalytic solid fuel heating appliance;

2. Four and one-tenth (4.1) grams per hour for a catalytic solid fuel heating device.

b. Any other wood stove or solid fuel heating appliance officially exempted by the Environmental Protection Agency from the above requirements.

(c) It shall be unlawful for any person to install in any new or existing structure in the city any wood stove or other solid fuel heating appliance not complying with the requirements set forth above in this section.

(d) All wood stoves or other solid fuel heating appliances lawfully installed prior to May 9, 1994, shall be exempted from the provisions of this section.

(e) Violations of this section shall be a misdemeanor and punishable as provided for in section 1-7 of this code.

(f) In addition to the above penalties, all wood stoves or other solid fuel heating devices installed in violation of this section shall be removed within fifteen (15) days. (Ord. No. 4323, § 2, 12-9-02; Ord. No. 4494, § 1, 1-7-08)

ARTICLE IV. AGRICULTURAL BUILDINGS

Sec. 10-14. Agricultural buildings exempt.

(a) Agricultural buildings are exempt from the building codes adopted herein but shall remain subject to placement requirements established by zoning regulations.

(b) Agricultural buildings defined. Agricultural building means a structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated or packaged, nor shall it be a place used by the public. (Ord. No. 4323, § 2, 12-9-02; Ord. No. 4494, § 1, 1-7-08)

ARTICLE V. PERMITS, INVESTIGATION

Sec. 10-15. Work commencing before permit issuance.

Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permit(s) shall be subject to a special investigation. A special investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required herein. (Ord. No. 4397, § 9, 3-28-05; Ord. No. 4494, § 1, 1-7-08)

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Footnotes

¹Cross references – Electricity, Ch. 14; fire protection and prevention, Ch. 15; gas, Ch. 18; abatement of unsanitary buildings, § 19-1; manufactured homes, manufactured home parks and tourist facilities, Ch. 23; plumbing, Ch. 27; signs, Ch. 30; public right-of-way, Ch. 31; subdivisions, Ch. 32; swimming pools, Ch. 33; water and sewers, Ch. 36; zoning, Ch. 37.

¹Editor’s note – Ord. No. 4323, § 1, adopted Dec. 9, 2002, repealed former §§ 10-1 – 10-30 and replaced them with §§ 10-1 – 10-14. The deleted sections contained provisions relating to building codes and general building regulations. These sections derived from 1960 Code §§ 6-3, 6-4; 6-4.2; Ord. No. 2113, §§ 1, 2; Ord. No. 3106, §§ 1 – 7, adopted Aug. 14, 1972; Ord. No. 3107, §§ 1 – 7, adopted Aug. 14, 1972; Ord. No. 3341, §§ 2, 3, 4, adopted Dec. 20, 1976; Ord. No. 3512, §§ 1, 2, 3, adopted June 16, 1980; Ord. No. 3551, § 1, adopted Nov. 10, 1980; Ord. No. 3591, § 1, adopted Sept. 14, 1981; Ord. No. 3610, §§ 1 – 4, adopted Dec. 14, 1981; Ord. No. 3638, §§ 1, 2, adopted Apr. 26, 1982; Ord. No. 3678, § 1, adopted Jan. 17, 1983; Ord. No. 3679, § 1, adopted Jan. 31, 1983; Ord. No. 3724, §§ 2 – 15, adopted Apr. 2, 1984; Ord. No. 3786, §§ 1, 3, 4, adopted Aug. 26, 1985; Ord. No. 3795, § 1, adopted Sept. 30, 1985; Ord. No. 3826, §§ 1, 2, adopted July 7, 1986; Ord. No. 3896, §§ 1, 2, adopted Feb. 1, 1988; Ord. No. 3898, §§ 1 – 4, adopted Jan. 4, 1988; Ord. No. 3935, § 1, adopted Oct. 17, 1988; Ord. No. 3941, § 1, adopted Mar. 20, 1989; Ord. No. 3944,§ § 1 – 4, adopted July 24, 1989; Ord. No. 3963, § 1, adopted Feb. 26, 1990; Ord. No. 3981, § 1, adopted Sept. 10, 1990; Ord. No. 3997, § 1, adopted Apr. 15, 1991; Ord. No. 4085, § 1, adopted May 9, 1994; Ord. No. 4046, § 1, adopted Sept. 14, 1992; Ord. No. 4053, § 1, adopted Sept. 28, 1992; Ord. No. 4054, § 1, adopted Nov. 2, 1992; Ord. No. 4082, §§ 1, 2, adopted Sept. 20, 1993; Ord. No. 4154, § 1, adopted 26, 1996; Ord. No. 4175, § 2, adopted Dec. 16, 1996; Ord. No. 4211, § 3, adopted June 15, 1998; Ord. No. 4231, §§ 1, 3, 5 – 11, adopted June 21, 1999; Ord. No. 4281, § 1, adopted Mar. 12, 2001.