The most recent edition of the Uniform Building Code (Vol. 1, 2 & 3), published by the International Conference of Building Officials, adopted by the State of Alaska (13 AAC 50.020), is adopted by reference as the Building Code of the City of Soldotna, except as amended in this chapter. (Ord. 691 § 1, 1999)

(A) Section 104.2.1 of the U.B.C. is amended to include a third and fourth paragraph reading respectively: “The Building Official of the city shall have the powers, duties, and functions prescribed for the “Building Official” by the Uniform Building Code, adopted under SMC Title 15 provided that the said powers, duties and functions may be performed by authorized representatives of the building official and under his supervision and control.

“The City Manager shall be ex-officio building official unless he appoints another person to be the building official.”;

(B) Section 105 of the U.B.C. is amended to read: “Board of Appeals. In order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to application and interpretation of this code, there shall be and is hereby created a board of appeals. That Board of Appeals shall be made up of the City Council. The building official shall be an ex-officio member of the board of appeals but shall have no vote on any matter before the board. The Board shall operate under the rules of procedure established under SMC 2.04.020 and shall render it’s decisions and findings in writing to the appellant with a duplicate copy to the building official.”;
(C) Section 106.3.2 is amended to create 2 sub sections as follows:

1. 106.3.2 (a) Submittal documents. (Text to read as published)

2. 106.3.2 (b) Tax compliance certification. No permit required under SMC Title 15 shall be issued if the property owner or contractor is delinquent in the payment of any sales tax of the city or borough.

Prior to issuance of a permit, the building official shall receive a tax compliance certificate completed by the borough finance department certifying that the property owner and contractor are in complete compliance with all borough sales tax provisions.

(D) Section 107.2 is amended by the addition of the following paragraph:

“Valuation shall be based on the most recent Building Valuation Data published in Building Standards Magazine by the International Conference of Building Officials, including the regional modifier.”

(E) Section 107.3 is amended by the addition of the following exceptions after the first paragraph: Exception: A separate plan review fee shall not be charged for the following:

A. R-3 residential construction for 1-3 family dwellings.

B. Group U structures accessory to R-3 residential construction for 1-3 family dwellings.

(F) Section 108.3 is amended by the addition of the following third paragraph: If an inspection is required before or after normal working hours, on weekends or holidays, an additional fee shall be charged as specified in Table 1-A of the Uniform Building Code.
(G) Section 203 of the U.B.C. is amended to read:

“BUILDING, EXISTING is a building that (A) was erected before 12/5/56; or (B) was erected before ___/___/___ and complies with the building code regulations in effect at the time of construction.”;

(H) Section 213 of the UBC is amended by the addition of the following definition: Lot area is the total horizontal area within the lot lines of a lot, exclusive of abutting street and alley rights-of-way and/or public road easements. Lot area calculations shall not include any area within existing rights-of-way or future rights-of-way corridors. In cases when street rights-of-way have not been fully dedicated as required by the Kenai Peninsula Borough Subdivision Code, the right-of-way boundary will be established by projecting a full dedication.
(I) Section 220 is amended by the addition of the following definition: Setback means the distance required to obtain front, side or rear yard, exclusive of existing or projected abutting rights-of-way. In cases where streets have been dedicated to the full width as required by the Kenai Peninsula Borough Subdivision Code, the building setback distance shall be measured from the abutting right-of-way line to foundation walls. In cases where street right-of-way has not been fully dedicated as required by the Borough Subdivision Code, the building setback distance will be measured from the future abutting right-of-way line as established by projecting a full dedication.
(J) Section 302.5 EXCEPTIONS: 1 of the U.B.C. is amended to read,

1. In Groups A,B,F,I,M and S Occupancies, boilers, central heating plant or hot water supply boilers where the largest piece of fuel equipment does not exceed 400,000 Btu per hour (117.2 Kw) input.;

(K) Section 305.1, Division 3 of the U.B.C. is revised to read: Division 3. Any building, or portion of a building, used for day care purposes for more than six persons, including children under the age of 12 related to the staff
(L) Section 305.2.3 of the U.B.C. is revised by the addition of a new paragraph to read: Group E, Division 3 Occupancies that are licensed to care for more than six persons between the hours of 10 p.m. and 2 a.m. must be equipped with approved automatic sprinkler protection throughout, designed and installed in accordance with NFPA Standard 13D - 1994 or approved equivalent system;
(M) Section 305.
2.3, EXCEPTION: of the U.B.C. are revised by the addition of the following paragraphs to read:

4. Family child care homes operating between the hours of 6:00 a.m. and 10:00 p.m. may accommodate a total of eight children without conforming to all the requirements of this regulation except for smoke detectors as specified in Subsection 310.9; exiting, including operable windows in napping or sleeping rooms as specified in Subsection 310.4; and fire extinguisher requirements.”

5. Day care facilities that are operated in a primary residence between the hours of 6:00 a.m. and 10:00 p.m. accommodating up to a total of twelve children may use the second story of the building without complying with section 305.2.3 EXCEPTION 2, Tables 3-B, [Table] 5-a and the type V-1 hour requirements set out in Table 5-B provided all other applicable legal provisions for an E-3 occupancy are met;

(N) Section 305.2.3 of the U.B.C. is revised by the addition of a new third paragraph to read: Rooms used for sleeping or napping purposes within an E-3 occupancy shall be provided with a smoke detector that complies with section 310.9.1;
(O) Section 306.1, Division 1 of the U.B.C. is revised by the deletion of item number 35. Refuse Incineration.
(P) Section 307.1.1.1, Division 3, item number 10 of the U.B.C. is revised to read Refuse Incineration.;
(Q) Section 310 is amended by the addition of the following sections:

310.13 Carbon Monoxide Detectors.

310.13.1 General. Group R, Div. 3 occupancies containing fuel fired, heat producing appliances shall be provided with carbon monoxide detectors. Detectors shall be installed in accordance with the manufacturer’s instructions.

310.13.2 Additions, alterations or repairs to Group R Occupancies. When the valuation of an addition, alteration or repair to a Group R, Div. 3 Occupancy exceeds $1,000 and a permit is required, or when one or more sleeping rooms are added or created in existing Group R Occupancies, carbon monoxide detectors shall be installed in accordance with this Section.

310.13.3 Power Source. In new construction, required carbon monoxide detectors shall receive their primary power from the building wiring and shall be equipped with a battery back-up. The detector shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than those required for over-current protection.

310.13.4 Location. Detectors shall be installed on each floor of each Group R, Div. 3 occupancy. Detectors shall be centrally located within the unit and shall be installed in locations protected from nuisance alarms caused by normal operation of fuel burning appliances. Detectors shall sound an alarm audible in all sleeping areas of the dwelling unit in which they are located.

(R) Section 502 of the U.B.C. is revised to read: Premises Identification. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Address characters shall be a minimum of 5” in height with a 1/2” stroke and shall contrast with their background.
(S) Section 508 of the U.B.C. is revised by an exception that reads:

EXCEPTION: In one-story E-1 occupancies, a fire sprinkler may be used in accordance with this section, for fire resistive substitution, under the following conditions:

1. The fire sprinkler must be a fully compliant U.B.C. Standard 9-1 (NFPA 13) system.

2. The total square footage of the building is 20,000 square feet or less; or area separation walls or occupancy separations having a fire resistive rating of not less than two hours are provided to subdivide the building into separate compartments that contain an aggregate floor area not greater than 20,000 square feet. When two-hour rated occupancy separations are used, they must extend up through the attic to provide a complete fire break.

(T) Section 904.2.4.1 of the U.B.C. is revised by the deletion of EXCEPTIONS: 1 and 2;
(U) Section 1002 of the U.B.C. is amended by changing the definition of private stairway to read: Private Stairway is a stairway serving one tenant only and not used by the public;
(V) Section 1003.3.3.6 of the U.B.C. is revised by the addition of the following paragraph:

In stairways serving a Group E, Division 3 occupancy, additional handrails located midway, plus or minus two inches, between the normal handrails and the nosing of the treads must be provided if the stairway serves as an exit for children five years of age or younger. The additional handrail must have a space of not less than 1-1/2 inches between the wall and the handrails. The hand grip portion of the additional handrails must be 1-1/4 inches in cross-sectional dimension;

(W) Chapter 11 of the U.B.C. is replaced with:

Buildings or portions of buildings must be accessible to persons with disabilities as required by 42 U.S.C. 12101-12213 (Americans with Disabilities Act of 1990) and its associated regulations in 36 CFR Part 1191, as required by 42 U.S.C. 3602 and 42 U.S.C. 3604 - 3631 (Fair Housing Amendments Act of 1988) and its associated regulations in 24 CFR 100.200 - 100.205. The design and construction of buildings or portions of buildings to meet the requirements of the Americans with Disabilities Act and Fair Housing Amendments Act are the exclusive responsibility of he owner of the structure;

(X) Section 1614 paragraph one of the U.B.C. is revised to read:

Snow Loads. Buildings and other structures and all portions thereof that are subject to snow loading shall be designed to resist a snow (live) load of 50 psf. In accordance with the load combinations set forth in section 1612.2 or 1612.3;

(Y) Section 1618 of the U.B.C. is revised to read;

Basic Wind Speed. The minimum basic wind speed at any site shall not be less than 80 mph. In areas determined by the building official to be special wind areas based on terrain and local records the basic wind speed shall be not less than 100 mph;

(Z) Section 1619 of the U.B.C. is amended to read:

Exposure. For the purposes of designing buildings or structures to resist wind forces all areas within the city shall be considered to be exposure B as defined in Sec. 1616;

(AA) Section 3004 of the U.B.C. is amended by the deletion of the last sentence in paragraph 1 and the additions of the following exception after paragraph 1.

EXCEPTION: When energy conservation requires that the vents be normally closed, automatic venting by actuation of an elevator lobby detector or power failure may be accepted. When hoistway pressurization is used, venting upon power failure may be accepted. In either case a manual override shall be provided.

(BB) Section 3103 is revised to read as published in the U.B.C. with the addition of the following:

3103.1 “Temporary structures” are defined to include mobile homes, recreational vehicles, trailers, sheds, canopies, tents, pavilions, vendor booths, reviewing stands, bandstands, fences used for the protection of the public and other miscellaneous temporary facilities permitted to exist for a predetermined, limited period of time.

(CC) 3103.2 Exemptions.

(1) Mobile homes in mobile home parks and recreational vehicles and tents in approved campgrounds;

(2) Temporary structures operated by non-profit organizations for not more than 72 hours are exempt from fee, bonding and Planning Commission review, but shall comply with all other requirements of this section;

(3) Temporary construction structures approved by the building official for a limited time in connection with a building permit for the duration of the construction project may be approved in all zoning districts without the consideration of the planning commission.

(4) Private, non-commercial Group U structures are exempt from special permitting requirements however, they must comply with all other applicable sections of this code.

(DD) 3103.4 Permit Fee and Application.

An application for a temporary structure permit shall be made to the building official [city treasurer] accompanied by a one hundred-fifty dollar, non-refundable, fee. The application shall include:

(1) legal description of the proposed site with a site plan showing the proposed location of the temporary structure on the premises;

(2) plans for the proposed structure, or a current code compliance inspection, if an existing structure;

(3) name, phone number and mailing address of the property owner and the proposed permittee;

(4) length of time requested for the temporary structure permit;

(5) proposed use and justification for temporary [or seasonal] occupancy; and

(6) a cash performance bond of one thousand dollars [to be] posted with the city treasurer for the purpose of insuring that the structure will be in accordance with the terms of the permit, that the structure will be operated and maintained within the provisions of this section, and that the premises will be improved or restored to its original condition upon expiration of the permit [time limit].

(EE) 3103.5 Refund or Forfeiture of Bond.

The bond required under 3103.4 shall only be refunded upon certified proof of compliance with sales tax regulations of the city and borough. Upon failure to comply with the provisions of this section, and after thirty days written notice to the property owner and the permittee, the performance bond shall be forfeited and the city will abate the temporary structure (EE) 3103.5 Refund or Forfeiture of Bond. The bond required under 3103.4 shall only be refunded upon certified proof of compliance with sales tax regulations of the city and borough. Upon failure to comply with the provisions of this section, and after thirty days written notice to the property owner and the permittee, the performance bond shall be forfeited and the city will abate the temporary structure

(FF) 3103.6 Uniform Conditions.

All structures intended for temporary use must meet the following conditions:

(1) only occupancies in Group A, Division 4; Group B [Division 2]; and Group M as set forth in Uniform Building Code shall be allowed;

(2) Use of temporary structures shall be limited to commercial, industrial, parks and recreation, or institutional zoning districts;

(3) except for tents, the size of the structure shall not exceed one thousand square feet, nor be more than one story in height;

(4) all temporary buildings must meet structural requirements in regards to type of material, spans, and stresses as are determined to be safe by the building official;

(5) the structure shall have setbacks from property lines and adjacent buildings as required by the zoning code, but not less than ten feet;

(6) all temporary structure uses must comply with all other applicable laws, codes and regulations, including the accessibility standards of this chapter;

(7) mobile homes and trailers intended for use must be of manufactured design; homemade mobile homes or trailers shall not be allowed; and

(8) the structure shall be removed from the approved location on or before the expiration date of the permit.

(Ord. 691 § 1, 1999)