Chapter 19.01 ADMINISTRATIVE CODE

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Chapter 19.01 ADMINISTRATIVE CODE Powered By Docstoc
					                                  Chapter 19.01

                           ADMINISTRATIVE CODE

19.01.101.1 Building codes administrative code - title.
19.01.101.2 Scope.
19.01.101.3 Intent.
19.01.101.4 Referenced codes and conflicts.
19.01.102.1 Applicability.
19.01.102.2 Other laws.
19.01.102.3 Reserved.
19.01.102.4 Referenced codes and standards.
19.01.102.5 Partial invalidity.
19.01.102.6 Existing structures.
19.01.102.7 Additions, alterations, repairs and maintenance.
19.01.102.8 Historic buildings.
19.01.102.8.1 Reserved.
19.01.102.8.2 Demolition of historic buildings.
19.01.102.8.3 Reproduction of historic structures.
19.01.103 Organization and enforcement.
19.01.103.1 Creation of enforcement agency.
19.01.103.2 Inspectors and enforcement agents.
19.01.104 Duties and powers of building official and fire chief.
19.01.104.1 General.
19.01.104.2 Applications and permits.
19.01.104.3 Notices and orders.
19.01.104.4 Inspections.
19.01.104.5 Identification.
19.01.104.6 Right of entry.
19.01.104.7 Department records.
19.01.104.8 Liability.
19.01.104.9 Approved materials and equipment.
19.01.104.10 Modifications.
19.01.104.11 Alternate materials, design, and methods of construction and
equipment.
19.01.105 Permits.
19.01.105.1 Permits required.
19.01.105.2 Work exempted from permit.
19.01.105.2.1 Exempt building work.
19.01.105.2.2 Exempt grading work.
19.01.105.2.3 Exempt fuel gas work.


                                        -5-                         Ord. 2009-16(b)
19.01.105.2.4 Exempt mechanical work.
19.01.105.2.5 Exempt plumbing work.
19.01.105.2.6 Exempt electrical work.
19.01.105.2.7 Exempt repair work.
19.01.105.2.8 Emergency repairs.
19.01.105.2.9 Cabin exemption.
19.01.105.3 Application for a permit.
19.01.105.4 Validity of permit.
19.01.105.5 Expiration.
19.01.105.5.1 Extension.
19.01.105.5.2 Renewal.
19.01.105.6 Suspension or revocation.
19.01.105.7 Placement of permit.
19.01.106 Construction documents.
19.01.106.1 Submittal documents.
19.01.106.1.1 Information on plans and specifications.
19.01.106.2 Site plan.
19.01.106.3 Examination of documents.
19.01.106.3.1 Approval of construction documents.
19.01.106.3.2 Previous approvals.
19.01.106.3.3 Phased approval.
19.01.106.3.4 Limitations of authorization.
19.01.106.3.5 Authorization for specific phases of work.
19.01.106.4 Design professional in responsible charge.
19.01.106.4.1 Generally.
19.01.106.4.2 Deferred submittals.
19.01.106.5 Amended construction documents.
19.01.106.6 Retention of construction documents.
19.01.107 Temporary structures and uses.
19.01.107.1 General.
19.01.107.2 Conformance.
19.01.107.3 Temporary power.
19.01.107.4 Termination of approval.
19.01.107.5 Expiration.
19.01.108 Fees.
19.01.108.1 Payment of building permit fees.
19.01.108.2 Schedule of building permit fees.
19.01.108.3 Building permit valuations.
19.01.108.4 Plan review fees.
19.01.108.5 Expiration of plan review.
19.01.108.6 Work commencing before permit issuance.

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19.01.108.7 Fee refunds.
19.01.108.8 Building permit fees.
19.01.108.9 Other building inspections and fees.
19.01.108.10 Grading fees; generally.
19.01.108.11 Early start authorization fee.
19.01.108.12 Fast track authorization fee.
19.01.108.13 Special expedited authorization fee.
19.01.108.14 Third party plan review fee.
19.01.108.15 Fire permit fees; Generally.
19.01.108.15.1 Fire permit and inspection fees.
19.01.108.15.2 Work commencing before permit issuance.
19.01.108.15.3 Fee refunds.
19.01.108.15.4 Other fire inspections and fees.
19.01.109 Inspections.
19.01.109.1 Generally.
19.01.109.2 Preliminary inspection.
19.01.109.3 Inspection record.
19.01.109.4 Inspection requests.
19.01.109.5 Approvals required.
19.01.109.6 Required building inspections.
19.01.109.6.1 Generally.
19.01.109.6.2 Foundation inspections.
19.01.109.6.3 Concrete slab or under-floor inspection.
19.01.109.6.4 Floodplain inspections.
19.01.109.6.5 Frame inspection.
19.01.109.6.6 Wall covering.
19.01.109.6.7 Fire-resistance-rated assemblies.
19.01.109.6.8 Final inspection.
19.01.109.7 Special inspections.
19.01.109.8 Other inspections.
19.01.109.9 Inspection agencies.
19.01.109.10 Reinspections.
19.01.109.11 Required building service equipment inspections.
19.01.109.12 Removal or replacement of material to allow inspection.
19.01.110 Certificate of occupancy.
19.01.110.1 Use or occupancy.
19.01.110.2 Change in use.
19.01.110.3 Certificate issued.
19.01.110.4 Temporary certificate.
19.01.110.5 Posting.
19.01.110.6 Revocation.

                                        -7-                            Ord. 2009-16(b)
19.01.110.7 Occupancy violations.
19.01.110.8 Zero lot line building.
19.01.111 Service utilities.
19.01.111.1 Connection of service utilities.
19.01.111.2 Temporary connections.
19.01.111.3 Authority to disconnect service utilities.
19.01.111.4 Authority to condemn building systems.
19.01.111.5 Connection after order to disconnect.
19.01.113 Violations.
19.01.113.1 Unlawful acts.
19.01.113.1.1 Violations; unlawful continuance of fire hazard.
19.01.113.2 Notice of violation.
19.01.113.3 Prosecution of violation.
19.01.113.4 Violation penalties.
19.01.113.5 Negligent violations.
19.01.113.6 Reckless or intentional violations.
19.01.113.7 Failure to provide information.
19.01.113.8 False information.
19.01.113.9 Definitions.
19.01.114 Stop work orders.
19.01.114.1 Authority.
19.01.114.2 Permit reminder.
19.01.114.3 Issuance.
19.01.114.4 Unlawful continuance.
19.01.115 Unsafe structures and equipment.
19.01.115.1 Conditions.
19.01.115.2 Record.
19.01.115.3 Notice.
19.01.115.4 Method of service.
19.01.115.5 Restoration.
19.01.116 Administration and enforcement procedures conflicts.
19.01.117 Conflicts with state codes and regulations.
19.01.118 Cooperation of other officials.
19.01.119 Adoption of new international, national and uniform codes; procedures.
19.01.120 Implementation of new codes.
19.01.202 Definitions.

19.01.101.1 Building codes administrative code - title.

       This chapter shall be known as the “building codes administrative code.”



                                          -8-                           Ord. 2009-16(b)
19.01.101.2 Scope.

        The provisions of this title shall apply to the site preparation, erection,
construction, alteration, addition, prefabrication, moving, demolition, repair,
maintenance, use or occupancy of any building or structure or portion thereof,
appurtenances connected or attached to such buildings, or the storage, use, or handling of
certain hazardous materials, substances and devices within the City and Borough of
Juneau.

        Exceptions: Publicly owned docks and piers except water systems, electrical
systems, and buildings. Buildings that are anchored or floating in place less than 30 days.
Water tanks and utility work primarily in a public way except electrical connections;
public utility generation, transmission, distribution metering or related equipment;
mechanical and plumbing equipment not specifically regulated in this code; hydraulic
flood control structures; original construction and moving of mobile homes certified
under the United States Housing and Urban Development Mobile Home Standards, and
original construction or moving of mobile structures certified by the United States
Interstate Commerce Commission.

19.01.101.3 Intent.

        The purpose of the codes adopted under this title is to provide minimum standards
to safeguard the public health, safety and general welfare by regulating structural
strength, means of egress facilities, stability, sanitation, light and ventilation,
accessibility, energy conservation, safety to life and property from fire and other hazards
attributed to the built environment, and other appropriate attributes of all buildings and
structures within the City and Borough, and certain equipment specifically regulated
herein. It is the purpose of this chapter to provide a consolidation of procedures for the
issuance of permits, collection of fees, inspections and other matters related to the
administration of the codes adopted under this title.

19.01.101.4 Referenced codes and conflicts.

       The codes listed in sections 19.01.101.4.1 through 19.01.101.4.12 shall be
considered part of the requirements of this code to the prescribed extent of each such
reference.

       19.01.101.4.1 The International Building Code. The International Building Code
(IBC), adopted at section 19.03.010 relating 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 and not included in the scope of the International

                                            -9-                            Ord. 2009-16(b)
Residential Code;

       19.01.101.4.2 The International Residential Code. The International Residential
Code (IRC), adopted at section 19.04.010, relating to the construction, alteration,
movement, enlargement, replacement, repair, equipment, use and occupancy, location,
maintenance, removal and demolition of detached one- and two-family dwellings and
townhouses; and their accessory structures or any appurtenances connected or attached to
such buildings or structures; and adult and child care facilities, owner occupied bed and
breakfast facilities or boarding houses that are within a single-family home and do not
contain more than five guest rooms.

        19.01.101.4.3 The International Existing Building Code. The International
Existing Building Code (IEBC), adopted at section 19.05.010, may be applicable to work
involving the enlargement, alteration, repair, moving, conversion, occupancy, and use of
existing buildings and structures or portions thereof;

        19.01.101.4.4 The Uniform Plumbing Code. The Uniform Plumbing Code (UPC),
adopted at section 19.06.1.010, relating to installation, alterations, repairs and
replacement of plumbing systems, including equipment, appliances, fixtures, fittings
and/or appurtenances, and where connected to a water or sewage and all aspects of a
medical gas system. All references to the International Plumbing Code in any of the
published building codes shall be changed to read "Uniform Plumbing Code" except
references to the plumbing fixture count which shall mean Chapter 29 of the International
Building Code. Section numbers referring to International Plumbing Code sections shall
mean the appropriate corresponding section numbers in the Uniform Plumbing Code or
International Building Code, as appropriate;

        19.01.101.4.5 The Cross-Connection Code. The Cross-Connection Code adopted
at section 19.06.2.010 relating to installation of backflow prevention devices to protect
public water supplies from contamination;

        19.01.101.4.6 The International Mechanical Code. The International Mechanical
Code (IMC), adopted at section 19.07.010, relating to installation, alterations, repairs and
replacement of mechanical systems, including equipment, appliances, fixtures, fittings
and/or appurtenances, including ventilating, heating, cooling, air-conditioning and
refrigeration systems, incinerators, and other energy-related systems in buildings other
than those covered by the International Residential Code;




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        19.01.101.4.7 The National Electrical Code. The National Electrical Code (NEC),
adopted at section 19.08.010, relating to installation of electrical systems, including
alterations, repairs and replacement, equipment, appliances, fixtures, fittings and
appurtenances systems in installations other than those covered by the International
Residential Code;

        19.01.101.4.8 The International Fuel Gas Code. The International Fuel Gas Code
(IFGC), adopted at 19.09.010, relating to the installation of gas piping from the point of
delivery, gas appliances and related accessories as covered in this code and extending
from the point of delivery to the inlet connections of appliances and the installation and
operation of residential and commercial gas appliances and related accessories in
installations other than those covered by the International Residential Code;

       19.01.101.4.9 The International Fire Code. The International Fire Code (IFC),
adopted at section 19.10.010, applying to matters relating to structures, processes and
premises from the hazard of fire and explosion arising from the storage, protecting,
handling or use of structures, materials or devices; from conditions hazardous to life,
property or public welfare in the occupancy of structures and premises; from the
construction, extension, repair, alteration or removal of fire suppression and alarm
systems or fire hazards in the structure or on the premises from occupancy or operation;

       19.01.101.4.10 The International Property Maintenance Code. The International
Property Maintenance Code (IPMC), adopted at section 19.11.010, relating to all items
included under 19.01.101.2 Scope, other than the storage, use or handling of certain
hazardous materials, substances and devices within the City and Borough of Juneau;

       19.01.101.4.11 The Excavation and Grading Code. The Excavation and Grading
Code adopted at section 19.12.010 relating to safeguarding life, limb, property and the
public welfare by regulating grading on private and public property;

        19.01.101.4.12 Other sources. Research reports, analyses, formal opinions,
interpretations, appendixes, supplement to the codes and other similar publications and
writings by the authors or publishers of the codes adopted under this title may be used as
guides to the interpretation and application of the provisions of this title.

       The building official, or if fire codes are involved, the fire chief, shall designate
additional technical publications which may be incorporated. Such provisions and
publications are prima fascia evidence of the requirements of the codes.




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19.01.102.1 Applicability.

        19.01.102.1.1 General. Where, in any specific case, different sections of the
codes adopted under this title specify different materials, methods of construction, or
other requirements, any safe and acceptable requirement may be used. Where there is a
conflict between a general requirement and a specific requirement, the specific
requirement shall be applicable.

       When conflicts occur between the technical codes, any of the provisions
providing an acceptable level of fire safety, safety to life, or other code-governed
provision may be used.

        Buildings, structures, and their building service equipment to which additions,
alterations or repairs are made, shall comply with all the requirements of the codes for
new facilities except as specifically provided in this section.

19.01.102.2 Other laws.

        The provisions of this code shall not be deemed to nullify any provisions of local,
state or federal law.

19.01.102.3 Reserved.

19.01.102.4 Referenced codes and standards.

        The codes and standards referenced in this code shall be considered part of the
requirements of this code to the prescribed extent of each such reference. Where
differences occur between provisions of this code and referenced codes and standards,
the provisions of this code shall apply.

19.01.102.5 Partial invalidity.

        In the event any part or provision of this code is held to be illegal or void, this
shall not have the effect of making void or illegal any of the other parts or provisions.

19.01.102.6 Existing structures.

        The legal occupancy of any structure existing on the date of adoption of this code
shall be permitted to continue without change, except as is specifically covered in the
International Building Code, the International Residential Code, the International
Existing Building Code, the National Electrical Code, the International Fire Code, or the
International Property Maintenance Code or as is deemed necessary by the building

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official or fire chief for the general safety and welfare of the occupants and the public.

19.01.102.7 Additions, alterations, repairs and maintenance.

        For requirements for additions, alterations, repairs or maintenance of buildings,
structures and building service equipment, refer to the IEBC, to the appropriate
administrative sections of the referenced technical codes and to Chapter 34 of the IBC or
Appendix Chapter J of the IRC.

       For temporary buildings and structures see section 19.01.107.1.

19.01.102.8 Historic buildings.

19.01.102.8.1 Reserved.

19.01.102.8.2 Demolition of historic buildings.

       In the case of a building or structure which has previously been designated as
having special historic or architectural significance as defined in 19.01.202, the
community development department shall, within five working days after the date of
application for demolition, prepare a set of photographs for the historic record.
Demolition shall not proceed until the community development department has had this
five-day opportunity to photograph the building or structure.

19.01.102.8.3 Reproduction of historic structures.

       When a proposed structure or proposed remodel, renovations, repair or addition is
a reproduction of a historic structure, the building official may reduce the requirements of
the code under the following conditions:

       1.     The original structure has been designated by the assembly as a structure
which had special historical or architectural significance as defined in section 19.01.202;

       2.     If required by 19.01.106 Construction documents, the structure has been
designed by an architect licensed to practice in the state; and

       3.     The features of the structure which require a reduction of the code
requirements are features which are:

               3.1.    An integral part or a result of the construction method if the
original construction method is being used; or


                                            -13-                            Ord. 2009-16(b)
               3.2.    Essential to the accurate reproduction of the structure.

        If the building official reduces the fire resistance requirement for one part of a
historic structure reproduction, similar reductions may be made for other parts of the
structure. The building official may impose more stringent requirements than are set forth
in the code when such more stringent requirements are necessary to compensate for
unsafe conditions which would otherwise result from reductions in code requirements
authorized under this section.

19.01.103 Organization and enforcement.

19.01.103.1 Creation of enforcement agency.

        The code enforcement agency in the City and Borough of Juneau for the building
codes shall be under the administrative and operational control of the building official.
Whenever the term or title "administrative authority," "responsible official," "building
official," "chief inspector," "code enforcement officer" or similar designation is used in
the building codes adopted under this title, it shall be construed to mean the building
official designated by the manager.

        The code enforcement agency in the City and Borough of Juneau for the fire code
shall be under the administrative and operational control of the fire chief. Whenever the
term or title "administrative authority," "responsible official," "fire inspector," "fire
officer" or similar designation is used in the fire code adopted under this title, it shall be
construed to mean the fire chief.

19.01.103.2 Inspectors and enforcement agents.

        With the approval of the manager or the manager's designee, the building official
or the fire chief may appoint such number of technical officers, inspectors and assistants
and other employees as shall be authorized from time to time. Such persons may also be
designated as enforcement agents under CBJ 03.45.

19.01.104 Duties and powers of building official and fire chief.

19.01.104.1 General.

         The building official shall enforce all the provisions of the technical codes except
the fire code. The fire chief shall enforce the fire code. For the purpose of enforcement,
the building official and fire chief shall have the powers of enforcement agents under
CBJ 03.45. The building official or the fire chief for fire code matters, shall have the
authority to render interpretations of this code and the referenced technical codes, and to

                                             -14-                            Ord. 2009-16(b)
adopt and enforce policies and procedures supplemental to this code in order to clarify
the application of the provisions of this code. Such interpretations, policies and
procedures shall be in conformity with the intent and purpose of this code. Regulations
shall be adopted under CBJ 01.60.

19.01.104.2 Applications and permits.

       The building official shall receive applications; review construction documents
and issue permits for the erection and alteration, change of use, change of occupancy,
demolition and moving of buildings and structures; inspect the premises for which such
permits have been issued, and enforce compliance with the provisions of this code.

19.01.104.3 Notices and orders.

       The building official and/or fire chief shall issue all necessary notices and orders
to ensure compliance with this code.

19.01.104.4 Inspections.

        The building official or fire chief shall make all of the required inspections, or the
building official or fire chief shall have the authority to accept reports of inspection by
approved agencies or individuals. Reports of such inspections shall be in writing and be
certified by a responsible officer of such approved agency or by the responsible
individual. The building official or fire chief is authorized to engage such expert opinion
as necessary to report upon technical issues.

19.01.104.5 Identification.

        The building official or fire chief shall carry proper identification when inspecting
structures or premises in the performance of duties under this code.

19.01.104.6 Right of entry.

        Whenever necessary to make an inspection to enforce any of the provisions of this
code and the technical codes, or whenever the building official, fire chief or their
authorized representatives have reasonable cause to believe that there exists in any
building or upon any premises any condition which is contrary to or in violation of this
code which makes such building or premises unsafe, dangerous or hazardous, the
building official, fire chief or their authorized representative may enter such building or
premises at all reasonable times and upon reasonable notice to inspect the same or to
perform any duty imposed upon the building official or fire chief by such codes, provided
that the building official shall first present proper credentials and request entry. If entry is

                                             -15-                             Ord. 2009-16(b)
refused, the building official, fire chief or their authorized representative shall have
recourse to every remedy provided by law to secure entry.

19.01.104.7 Department records.

        The building official shall keep official records of applications received, permits
and certificates issued, fees collected, reports of inspections, and notices and orders
issued. Such records shall be retained in the official records for at least the period
required for retention of public records as determined by the Municipal Clerk.

19.01.104.8 Liability.

        The building official, fire chief, member of the Board of Appeals or a duly
authorized representative charged with the enforcement of these codes or a member of
the board of appeals, acting in good faith and without malice for the City and Borough in
the discharge of their duties shall not thereby render themselves liable personally and
they are relieved from all personal liability for any damage that may accrue to persons or
property as a result of any act required or by reason of any act or omission in the
discharge of their duties. This code shall not be construed to relieve from or lessen the
responsibility of any person owning, operating or controlling any building or structure for
any damages to persons or property caused by defects, nor shall the City and Borough be
held as assuming any such liability by reason of the inspections authorized by this code
or any certificates of inspection issued under this code.

        Any suit instituted against an officer or employee because of an act performed by
that officer or employee in the lawful discharge of duties and under the provisions of this
code shall be defended by legal representative of the jurisdiction until the final
termination of the proceedings. The building official or any subordinate shall not be
liable for cost in any action, suit or proceeding that is instituted in pursuance of the
provisions of this code. This section does not diminish the immunity provided to the City
and Borough or its employees by AS 09.65.070.

19.01.104.9 Approved materials and equipment.

        Materials, equipment and devices approved by the building official or fire chief
shall be constructed and installed in accordance with such approval.

       19.01.104.9.1 Used materials and equipment. The use of used materials which
meet the requirements of this code for new materials is permitted. Used equipment and
devices shall not be reused unless approved by the building official or fire chief.

19.01.104.10 Modifications.

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        Whenever there are practical difficulties involved in carrying out the provisions
of the codes, the building official, or, for fire code matters, the fire chief shall have the
authority to grant modifications for individual cases, provided the building official or fire
chief shall first find that:

       1.      A special, individual reason makes the strict letter of the code impractical;

       2.      The modification is in conformity with the intent and purpose of the code;
and

       3.      Such modification does not reduce health, accessibility, life or fire safety
requirements, or structural integrity.

        The details of any action granting modifications shall be recorded and entered in
the files of the building official.

19.01.104.11 Alternate materials, design, and methods of construction and
equipment.

        The provisions of the codes are not intended to prevent the use of any material,
alternate design or method of construction not specifically prescribed in the code,
provided any alternate has been approved and its use authorized by the building official.

        The building official may approve any such alternate, if he or she finds that the
proposed design is satisfactory and complies with the intent of the provisions of this
code, and that the material, method or work offered is, for the purpose intended, at least
the equivalent of that prescribed in the code in suitability, strength, effectiveness, fire
resistance, durability, safety, accessibility and sanitation.

       The building official may require that sufficient evidence be submitted to
substantiate any claims that may be made regarding use of alternate materials, designs, or
methods. The details of any action granting approval of an alternate shall be recorded and
entered in the files of the building official.

        19.01.104.11.1 Tests. Whenever there is insufficient evidence of compliance with
any of the provisions of the codes, or evidence that any material or any construction does
not conform to the requirements of the codes, or in order to substantiate claims for
alternate materials or methods of construction, the building official or fire chief may
require tests as evidence of compliance to be made at no expense to the City and
Borough.



                                            -17-                            Ord. 2009-16(b)
        Test methods shall be as specified in the codes or by other recognized test
standards. In the absence of recognized and accepted test methods for the proposed
alternate, the building official or fire chief shall approve the test procedure.

        All tests shall be made by an approved agency. Copies of the results of all such
tests shall be retained by the building official and fire chief for a period not less than two
years after the acceptance of the structure.

         19.01.104.11.2 Technical opinions and reports. If technical expertise is
unavailable within the department because of new technology, process, products,
facilities, materials or uses attending the design, operation or use of a building or
premises subject to the inspection of the department, the building official or fire chief
may require the owner or the person in possession or control of the building or premises
to provide, without charge to the department, a technical opinion and report. The opinion
and report shall be prepared by a qualified architect, engineer, specialist, laboratory or
fire safety specialty organization acceptable to the building official or fire chief and the
owner and shall analyze the quality, strength, effectiveness, durability, safety and fire
safety properties, as appropriate, of the design, operation or use of the building or
premises and the facilities and appurtenances situated thereon, and prescribe the
necessary recommended changes.

19.01.105 Permits.

19.01.105.1 Permits required.

        19.01.105.1.1 Building permits required. No person shall erect, construct,
enlarge, alter, repair, move, improve, remove, convert, change use, or demolish any
building, structure, or building service equipment, in the City and Borough or cause the
same to be done, without first obtaining a separate permit as specified in this chapter for
each such building, structure, building service equipment or location, from the building
official; provided, the building official may issue a single permit for a group of buildings
at a single location. A single permit, referred to as a building permit, may be issued for
work covered by this title, without regard to the type of work being done or which of the
technical codes or chapters of this title apply.

       No wood stove shall be installed except in accordance with a building permit
issued by the building official. See exempted work at section 19.01.105.2.




                                             -18-                            Ord. 2009-16(b)
        19.01.105.1.1.1 Grading permits required. Except as exempted in section
19.01.105.2.2 of this code, no person shall do any grading without first obtaining a
grading permit from the building official. A separate permit shall be obtained for each
site, and may cover both excavations and fills.

        19.01.105.1.2 Plumbing permits required. It is unlawful for any person to make
any installation, alteration, repair, replacement or remodel any plumbing system
regulated by this code except as exempted in section 19.01.105.2.5, or to cause the same
to be done without first obtaining a separate plumbing permit for each separate building
or structure. A separate plumbing permit is not required when a building permit has been
issued covering the plumbing work for a project.

       19.01.105.1.3 Mechanical permits required. Except as exempted in section
19.01.105.2.4, a mechanical system regulated by this code shall not be installed, altered,
repaired, replaced or remodeled unless a separate mechanical permit for each separate
building or structure has first been obtained from the building official. A separate
mechanical permit is not required when a building permit has been issued covering the
mechanical work for a project.

        19.01.105.1.4 Electrical permits required. Except as exempted in section
19.01.105.2.6, no electrical system regulated by this code shall be installed, altered,
repaired, replaced or remodeled unless a separate electrical permit for each separate
building or structure has first been obtained from the building official. A separate
electrical permit is not required when a building permit has been issued covering the
electrical work for a project.

        19.01.105.1.5 Fire code permits required. No person shall engage in the
maintenance, storage, use or handling of any of the following materials or activities in the
City and Borough or cause the same to be done without first obtaining a separate permit
as specified in IFC Section 105, Permits, from the fire chief; provided, the fire chief may
issue a single permit for a group of activities at a single location. Note that not all of the
permits identified in IFC 105.6 and IFC 105.7 are required.

       19.01.105.1.5.1 Carnivals, fairs, event tents and other temporary event structures
       shall be subject to the permit requirements of IFC Section 105.6.4.

       19.01.105.1.5.2 Covered mall buildings shall be subject to the permit
       requirements of IFC Section 105.6.9 when items are placed in the mall.

       19.01.105.1.5.3 Explosives and blasting agents shall be subject to the permit
       requirements of IFC Section 105.6.14.


                                            -19-                            Ord. 2009-16(b)
       19.01.105.1.5.4 Hazardous materials shall be subject to the permit requirements
       of IFC Section 105.6.20.

       19.01.105.1.5.5 High piled storage shall be subject to the permit requirements of
       IFC Section 105.6.22 when the high piled storage is added without a building
       permit.

       19.01.105.1.5.6 Hot work, including welding, shall be subject to the permit
       requirements of IFC Section 105.6.23.

       19.01.105.1.5.7 Open burning and burning associated with land clearing shall be
       subject to the permit requirements of IFC Section 105.6.30 and under CBJ 36.60.

       19.01.105.1.5.8 Places of assembly shall be subject to the permit requirements of
       IFC Section 105.6.34 when placement of portable equipment, furniture or display
       items change the approved exiting patterns.

       19.01.105.1.5.9 Private fire hydrants shall be subject to the permit requirements
       of IFC Section 105.6.35 prior to removing a hydrant from service or when
       installing a hydrant to other than the CBJ water system.

       19.01.105.1.5.10 Indoor and outdoor fireworks and pyrotechnical special effects
       material shall be subject to the permit requirements of IFC Section 105.6.36.

       19.01.105.1.5.11 Flammable and combustible liquids shall be subject to the
       permit requirements of IFC Section 105.7.6, items 1 and 2 when modifying a
       pipeline, tank, tank vehicle or other flammable or combustible liquids equipment.

19.01.105.2 Work exempted from permit.

        No permit under this chapter shall be required for work described in this section
provided that such exemption shall not be deemed to grant authorization for any work to
be done in violation of this code or any other code, ordinance or regulation of the city,
state or federal government.

19.01.105.2.1 Exempt building work.

        A building permit shall not be required for the work described in subsections 1
through 14 of this section if only the provisions of the exempted code apply. Unless
otherwise exempted, a permit shall be obtained for work associated with the exempt uses
under subsections 1 through 14 of this section if any of the provisions of the plumbing,
electrical, mechanical or fire codes apply:

                                           -20-                           Ord. 2009-16(b)
1.   One-story detached accessory buildings regulated under the residential
     code and used as tool and storage sheds, greenhouses, gazebos, saunas,
     hot tub enclosures, playhouses and similar uses, provided the floor area
     does not exceed 120 square feet (11.15 m) and the building is not used for
     habitation;

2.   Fences as well as sign support structures and similar free-standing
     structures not over six feet (1,829 mm) high other than fences required for
     protection of swimming pools and hot tubs which are regulated by IRC
     Appendix AG105 or IBC Section 3109;

3.   Oil derricks;

4.   Retaining walls which are not over four feet (1,219 mm) in height
     measured from the bottom of the footing to the top of the wall, unless
     supporting a surcharge of greater than 2 to 1 slope within 10 feet of the
     wall or impounding Class I, II or III-A liquids as defined in the
     International Fire Code;

5.   Water tanks supported directly upon grade if the capacity does not exceed
     5,000 gallons (18,927 L) and the ratio of height to diameter or width does
     not exceed two to one;

6.   Platforms, walks, decks, stairs and driveways not more than 30 inches
     (762 mm) above grade; not over a basement or story below; not part of an
     accessible route; and not including a roof;

7.   Painting, papering, tiling, cabinets, counter tops, siding, floor covering
     and similar finish work or any combination of these types of work done as
     a stand alone project unless part of new construction, additions, or change
     of use. Permits shall not be required and shall not be issued for such work.
     Replacement of interior finishes in buildings covered by Chapter 8 of the
     International Building code is not included in this exception. Change of
     exterior finish materials, paint color or paint scheme of buildings in the
     Historic District Overlay zone does not need a building permit but must
     receive approval from the community development department prior to
     commencing work;




                                 -21-                            Ord. 2009-16(b)
      8.     Temporary motion picture, television and theater stage sets and scenery;

      9.     Prefabricated swimming pools accessory to Group R, Division 3
             occupancy, one and two family dwellings and townhomes, in which the
             pool walls are entirely above the adjacent grade, less than 24 inches deep
             and if the capacity does not exceed 5,000 gallons (18,927 L);

      10.    Shade cloth or plastic sheet covered structures constructed for nursery or
             agricultural purposes and not including service utility systems;

      11.    Swings, and other playground equipment except as required under IBC
             402.11;

      12.    Window awnings and gutters supported by an exterior wall of Group R,
             Division 3, and Group U occupancies, one and two family dwellings and
             townhomes;

      13.    Federal, state and municipal bridges, docks, piers, water tanks; publicly
             owned or publicly contracted work located primarily in a public way;
             public utility towers and poles; mechanical equipment not specifically
             regulated under this title and hydraulic flood-control structures. See
             section 19.01.101.2 for scope;

      14.    Temporary boat, car, equipment and material covers and similar storage
             structures maintained for a period of less than one year after their date of
             erection and covered with plastic, canvas or a similar material; and

      15.    Nonfixed and movable fixtures, cases, racks, counters and partitions not over
             five feet nine inches (1,753 mm) high.

19.01.105.2.2 Exempt grading work.

      A grading permit shall not be required for the following:

      1.     When approved by the building official, grading in an isolated, self-
             contained area if there is no adverse effects on private or public property;

      2.     An excavation below finished grade for basements and footings of a
             building, retaining wall or other structure authorized by a valid building
             permit. This shall not exempt any fill made with the material from such
             excavation or exempt any excavation having an unsupported height
             greater than five feet (1,524 mm) after the completion of such structure;

                                          -22-                            Ord. 2009-16(b)
      3.     Cemetery graves;

      4.     Refuse disposal sites controlled by other regulations;

      5.     Excavations for wells or tunnels or utilities;

      6.     Mining, quarrying, excavating, processing or stockpiling of rock, sand,
             gravel, aggregate or clay where established and provided for by law,
             provided such operations do not affect the lateral support or increase the
             stresses in or pressure upon any adjacent or contiguous property;

      7.     Exploratory excavations under the direction of soil engineers or
             engineering geologists;

      8.     An excavation that (1) is less than two feet (610 mm) in depth or (2) does
             not create a cut slope greater than five feet (1,524 mm) in height and
             steeper than one unit vertical in two units horizontal (66.7 percent slope)
             and does not change the drainage pattern of the property;

      9.     A fill less than one foot (305 mm) in depth and placed on natural terrain
             with a slope flatter than one unit vertical in five units horizontal (20
             percent slope), or less than three feet (914 mm) in depth, not intended to
             support structures, that does not exceed 50 cubic yards (38.3 m) on any
             one lot and does not obstruct a drainage course.

19.01.105.2.3 Exempt fuel gas work.

      A fuel gas permit shall not be required for the following:

      1.     Portable heating appliance; or

      2.     Replacement of any minor part that does not alter approval of equipment
             or make such equipment unsafe.

19.01.105.2.4 Exempt mechanical work.

      A mechanical permit shall not be required for the following:

      1.     Any portable heating appliance;

      2.     Any portable ventilating appliances or equipment;


                                          -23-                          Ord. 2009-16(b)
       3.     Any portable cooling unit;

       4.     Any portable evaporative cooler;

       5.     Any closed system of steam, hot or chilled water piping contained within
              any heating or cooling equipment regulated by the mechanical code;

       6.     Replacement of any component part of assembly of an appliance which
              does not alter its original approval, does not make such appliance unsafe
              and complies with other applicable requirements of the technical codes;

       7.     Any refrigerating equipment which is part of the equipment for which a
              permit has been issued pursuant to the requirements of the technical
              codes; or

       8.     Any self-contained refrigerating system containing ten pounds (4.54 kg)
              or less of refrigerant and actuated by motors of one horsepower (746 W)
              or less.

19.01.105.2.5 Exempt plumbing work.

        A plumbing permit shall not be required for the following, provided, however,
that any extension or rerouting of piping shall be considered as new work and a permit
shall be obtained and inspection made as provided in this code:

       1.     The clearing of stoppages or the repair of leaks in drains; water, soil,
              waste or vent pipes; valves or fixtures;

       2.     The direct replacement or removal of water closets, tubs, sinks or other
              fixtures or of faucets or hose bibbs; or

       3.     The replacement of electric or indirect water heaters of the same size and
              configuration without modifying piping or electrical branch circuits
              accessory to one and two family dwellings, or townhouses.




                                           -24-                            Ord. 2009-16(b)
19.01.105.2.6 Exempt electrical work.

      An electrical permit shall not be required for the following:

      1.     Portable motors or other portable appliances energized by means of a cord
             or cable having an attachment plug end to be connected to an approved
             receptacle when that cord or cable is permitted by the electrical code;

      2.     Repair or replacement of fixed lighting fixtures, fixed motors,
             transformers or fixed approved appliances of the same type and rating in
             the same location;

      3.     Temporary decorative lighting;

      4.     Repair or replacement of current-carrying parts of any switch, contactor or
             control device;

      5.     Replacement of attachment plug receptacles or outlets, but not the
             installation of new outlets;

      6.     Repair or replacement of any overcurrent device of the required capacity
             in the same location;

      7.     Repair or replacement of electrodes or transformers of the same size and
             capacity for signs or gas tube systems;

      8.     Taping joints;

      9.     Removal of electrical wiring;

      10.    Temporary wiring for experimental purposes in suitable experimental
             laboratories;

      11.    The wiring for temporary theater, motion picture or television stage sets;

      12.    Electrical wiring, devices, appliances, apparatus or equipment operating at
             less than 25 volts and not capable of supplying more than 50 watts of
             energy;

      13.    Low-energy power, control, or signal circuits of Classes II and III as
             defined in the electrical code;


                                          -25-                          Ord. 2009-16(b)
       14.     Installation, alteration or repair of electrical wiring, apparatus or
               equipment for the generation, transmission or distribution of electrical
               energy;

       15.     Minor repair work;

       16.     Radio, television transmitting stations, cable or communication utilities
               used for the transmission of information by a public or private utility.
               Provided, however, that a permit shall be required for equipment and
               wiring for power supply and installation of towers and antennas;

       17.     The installation of any temporary system required for the testing or
               servicing of electrical equipment or apparatus; or

       18.     Installation, alteration or repair of electrical wiring, apparatus or
               equipment related to the operation of traffic signals under jurisdiction of
               federal, state or municipal governments.

19.01.105.2.7 Exempt repair work.

      Glass installation and replacement shall be as provided in section 19.01.101.4.2 or
Group R occupancies as provided in 19.01.101.4.1.

19.01.105.2.7.1 Ordinary maintenance and replacement work. Permits shall not be
required and shall not be issued for ordinary maintenance, repair or direct replacement
work in a building or structure for work of a value of $7,500.00 or less unless 1. electrical
service equipment or electrical circuits are replaced or modified or 2. the structural
system is modified or 3. the means of egress is altered or 4. Fuel appliances are replaced
or installed. Individual structural elements may be directly replaced without a permit,
however, replacement of structures requires a permit.

       Permits may be issued for major remodels and/or renovation work that includes
exempt finish work listed under 19.01.105.2.1 Exempt building work, item 7, if the
work also includes other non-exempt work, and the valuation of all the work is greater
than $50,000.

        Ordinary maintenance and direct replacement in a building or structure shall not
include the cutting away or addition of any wall, partition, roof, foundation or portion
thereof, nor removal or change of any required means of egress, or rearrangement of
parts of a structure; nor shall ordinary maintenance include additions to, alterations of,
replacement of, nor relocation of any standpipe, fire sprinkler, water supply, sewer,
drainage, gas piping; electrical wiring or mechanical work or any work affecting public

                                            -26-                            Ord. 2009-16(b)
health or safety. All ordinary maintenance and replacement work shall be made only in
accordance with applicable provisions of the codes and other construction or safety codes
of the City and Borough.

       Window installation and replacement is not considered ordinary maintenance and
accordingly not exempt from permit requirements. Glass installation and replacement of
$7,500 or less is considered ordinary maintenance and accordingly is exempt from permit
requirements, but shall be as provided in section 19.01.101.4.2 or Group R occupancies
as provided in applicable codes.

19.01.105.2.8 Emergency repairs.

       Where equipment replacements and repairs must be performed in an emergency,
the permit application shall be submitted within the next working business day to the
building official.

19.01.105.2.9 Cabin exemption.

       The provisions of the building, residential, plumbing, electrical and mechanical
codes shall not apply to cabins as defined in section 19.01.202. A building permit
application shall be submitted for each cabin built, but no fee shall be charged and no
permit shall be issued.

19.01.105.3 Application for a permit.

       To obtain a permit, the applicant shall file an application on approved forms. Each
application shall:

       1.     Identify and describe the work to be covered by the permit;

       2.     Describe the land on which the proposed work is to be done, by clear and
              definite legal description, street address, or similar method;

       3.     Indicate the use or occupancy of each space for which the proposed work
              is intended;

       4.     Be accompanied by plans, diagrams, computations, specifications and
              other data as required in section 19.01.106.3;

       5.     State the total square footage of each major use of any new building,
              structure or addition, and the valuation of any remodeling or alteration to
              an existing building;

                                          -27-                            Ord. 2009-16(b)
6.    Be signed by the applicant or a person having evidence of authority to act
      for the applicant;

7.    Show any physical conditions on-site which may affect issuance of the
      permit or construction; and

8.    Give such other information as reasonably may be required by the
      building official.

9.    Multifamily private water systems. In the case of new connections to a
      water system for which the regular source of potable water is to be other
      than the municipal water utility system or an approved community system,
      the application shall include information on the type, source, location,
      capacity, storage quantity and tank type, well depth, casing size, and drill
      log, and similar data for the water source. For such structures containing
      three or more residential units, proof must be included of legal and
      physical availability to the applicant of sufficient water to supply the
      structure based upon a daily requirement of 75 gallons per day per unit
      plus 75 gallons per day per bedroom. Physical availability may be shown
      by a certificate from the appropriate State of Alaska department, a
      statement certified by a licensed Alaska engineer, or other proof as may be
      satisfactory to the building official. Legal availability may be shown by a
      water rights appropriation permit or certificate issued by the appropriate
      State of Alaska department or by such other proof as may be satisfactory
      to the building official and to the City and Borough attorney. The
      requirement of actual availability of a sufficient quantity of water may be
      met through the use of water storage, gray water recycling and similar
      modifications, and additions to the water system. Systems proposed as a
      source of water for a structure containing three or more dwelling units
      may not rely in any part on roof catchment or on vehicular transportation
      of water to meet the minimum requirements of this subsection.

10.   Multifamily private sewer systems. In the case of new connections to a
      wastewater disposal system other than the municipal wastewater utility or
      an approved community system, the applicant shall include design
      documents detailing the materials, soils condition, dimensions, and type of
      system, as well as certification from an engineer licensed to practice in the
      state or a representative of the appropriate State of Alaska department that
      the system design meets state statutes and regulations.

11.   Demolition of historic structures. In the case of property which has
      previously been determined to be historic property as defined in section

                                  -28-                            Ord. 2009-16(b)
               19.01.102.8, the applicant shall notify the community development
               department of the historic designation and allow the community
               development department to prepare a set of historic record photographs.
               Such demolition permit shall not be issued until the photographs are taken
               or five working days have elapsed since the application, whichever is
               sooner.

       12.     Contractor license. The application shall provide the contractor's name and
               Alaska contractor's license number of the contractor who will be
               responsible for the work or, alternately, establish that the work may
               lawfully be performed by the owner, an unlicensed contractor, or both,
               and identify the person or persons who shall in such case be responsible
               for the work.

       13.     Grading permits. The application shall state the estimated quantities of fill
               and excavation work involved.

         19.01.105.3.1 Action on application. The building official shall examine or cause
to be examined applications for permits and amendments thereto within a reasonable time
after filing. Such plans may be reviewed by other City and Borough agencies. If the
application or the construction documents do not conform to the requirements of
pertinent laws or regulations, the building official shall provide the applicant with a list
of deficiencies or reject such application in writing, stating the reasons therefore. If the
building official is satisfied that the proposed work conforms to the requirements of this
code and other pertinent laws and regulations and that the fees specified in section
19.01.108 have been paid, the building official shall issue a permit therefore as soon as
practicable.

        19.01.105.3.2 Time limitation of application. An application for a permit for any
proposed work shall be deemed to have been abandoned one year after the date of filing,
unless such application has been pursued in good faith or a permit has been issued;
except that the building official is authorized to grant one or more extensions of time for
additional periods. Any extension shall be requested in writing and justifiable cause
demonstrated.




                                            -29-                           Ord. 2009-16(b)
19.01.105.4 Validity of permit.

        No permit or approval may authorize a violation of any of the provisions of the
CBJ code or other law. Any statement purporting to authorize an act or omission in
violation of the code or cancel the provisions of the code shall be invalid, but such
invalidity shall not extend to any remaining lawful provisions of the permit. The issuance
of a permit based upon erroneous plans, specifications and other data shall not prevent
the building official from thereafter requiring the correction of errors or from issuing
orders to correct or stop building operations conducted thereunder in violation of these
codes or other law. The building official is also authorized to prevent occupancy or use of
a structure which is in violation of the code or other law.

19.01.105.5 Expiration.

        Every permit issued by the building official under the provisions of the code shall
expire if the building or work authorized by such permit is not commenced within one
year from the date the permit was issued, or if the building or work authorized by the
permit is suspended or abandoned for a period of one year at any time after the work is
commenced. No work may be performed under an expired permit until it has been
renewed or extended.

19.01.105.5.1 Extension.

        Any permittee may apply for one or more extensions of a permit by requesting an
inspection to establish the current extent of building construction work or requesting an
extension, in writing, from the building official for justifiable cause. The building official
may grant an extension not exceeding one year upon a showing by the permittee of valid
reasons for the extension.

19.01.105.5.2 Renewal.

        After one year of abandonment or suspension of work, any permittee holding an
expired permit may apply for renewal of the permit in writing upon a showing by the
permittee of valid reasons for the renewal. If plans have changed or new code provisions
or editions have been adopted since the original plan review, the permittee shall pay an
hourly plan review fee and any additional permit fee required due to change of fee
schedule or enlargement of the scope of the permitted work. If plans and code provisions
have not changed, no additional fee shall be required.




                                             -30-                            Ord. 2009-16(b)
19.01.105.6 Suspension or revocation.

        The building official may, in writing, suspend or revoke a permit issued in error,
on the basis of inaccurate, incomplete or incorrect information supplied, or which is
otherwise invalid or unlawful.

19.01.105.7 Placement of permit.

        The building permit or copy and the permittee's copy of the plans approved by the
building official shall be available on the site of the work until the completion of the
project.

19.01.106 Construction documents.

19.01.106.1 Submittal documents.

        Two sets of plans, specifications, engineering calculations, diagrams, soil
investigation reports, special inspection programs, structural observation programs and
other relevant data shall be submitted with each application for a permit. When such
plans are not prepared by an architect or engineer, the building official may require any
applicant submitting such plans or other data to demonstrate that state law does not
require that the plans be prepared by a licensed architect or engineer. Plans and
specifications for all occupancies, except one and two family dwellings, townhomes and
for Group R occupancies having three or fewer dwelling units and Group U occupancies,
shall be prepared, stamped and signed by an engineer or architect licensed by the state to
practice in the appropriate discipline. When special conditions exist, the building official
may require plans and specifications for all or portions of the exempted occupancies to be
similarly prepared and designed by an engineer or architect licensed by the state to
practice as such, even if not required by state law.

       Exceptions:

        1.      On renovation work and, when not used for human habitation, minor
additions and small structures, the building official may waive the requirement for plans
and other data and/or for production of plans by a licensed architect or engineer if the
building official determines that the work to be done is minor and will have little or no
effect on structural integrity or safety and that reviewing of construction documents is not
necessary to obtain compliance with this title.

       2.      The City and Borough brochure entitled "Standard CBJ Foundations"
dated July 1, 2005, and maintained in the office of the building official may be used in


                                           -31-                            Ord. 2009-16(b)
lieu of individual foundation design for all foundations which are within the scope of the
requirements of the brochure.

19.01.106.1.1 Information on plans and specifications.

        19.01.106.1.1.1 Submittal requirements for permits regulated by the International
Building and Residential Codes. Plans and specifications shall be drawn to scale upon
substantial paper, cloth or other suitable drafting medium and shall be of sufficient clarity
to indicate the location, nature and extent of the work proposed, and show in detail that it
will conform to the provisions of the codes and all other relevant laws, ordinances, rules
and regulations. Electronic media documents are permitted to be submitted when
approved by the building official.

       The first sheet of each set of plans shall describe the location of the proposed
work as indicated on the permit application and the name and address of the owner and
person who prepared them. Each sheet shall contain information identifying the sheet
number and the set of plans to which the sheet belongs.

        Plans shall include a plot plan, stamped by a land surveyor registered to practice
in the state, unless waived by the building official, and shall indicate the location of every
existing building on the property. The plans shall show the location of the proposed
building or structure with proposed dimensions to the property lines and existing
buildings and structures as well as the established street grades and the proposed finished
grades. The building official may waive the requirement for submission of the plot plan
when the applicant can demonstrate that compliance with the codes and ordinances
would not be compromised thereby.

        Plans shall be clearly labeled to show the proposed use of each room. In the case
of additions and remodeling plans shall be clearly labeled to show, the extent of new
work and the use and configuration of adjacent existing rooms.

        For buildings and structures which fall under the scope of the IRC and minor
renovation work, in lieu of detailed specifications, the building official may approve
references on the plans to a specified section or part of the codes or other ordinances or
laws. Computations, stress diagrams and other data sufficient to show the correctness of
the plans shall be submitted when required by the building official.

       Plans for building of other than buildings and structures which fall under the
scope of the IRC shall indicate how required structural and fire-resistive integrity will be
maintained; where penetrations will be made for electrical, mechanical, plumbing and
communications conduits, pipes and similar systems.


                                            -32-                            Ord. 2009-16(b)
        The construction documents shall show in sufficient detail the location,
construction, size and character of all portions of the means of egress in compliance with
the provisions of this code. In other than occupancies in Groups R-2, R-3 and I-1, the
construction documents shall designate the number of occupants to be accommodated on
every floor, and in all rooms and spaces.

        19.01.106.1.1.2 Submittal requirements for permits regulated by the International
Mechanical Code. A set of mechanical engineered documents prepared and stamped by
an engineer licensed in the state shall be required for all new mechanical work or
remodels and additions to existing mechanical systems. If the remodel or addition to
existing mechanical systems is considered minor in scope or work by the building
official, the requirement for mechanical engineered plans and specifications may be
waived by the building official. Plans and diagrams showing mechanical work or
manufacturer's data may still be required by the building official. Examples of a minor
scope of mechanical work include the following:

       1.     Replacement of a boiler or hot water heater of less than 400,000 Btu/hr
with an equivalent size.

       2.     Additions of and alterations to mechanical ventilation systems that do not
impact the main system. Outside air code requirements must still be demonstrated to be
as required.

         19.01.106.1.1.3 Submittal requirements for permits regulated by the Uniform
Plumbing Code. A set of plumbing engineered documents prepared and stamped by an
engineer licensed in the state shall be required for all new plumbing work or remodels
and additions to existing plumbing systems. If the remodel or addition to existing
plumbing systems is considered minor in scope or work by the building official, the
requirement for plumbing engineered plans and specifications may be waived by the
building official. Plans and diagrams showing plumbing work or manufacturer's data may
still be required by the building official. Examples of a minor scope of plumbing work
include but are not limited to the following:

       1.      Replacement of a boiler or hot water heater of less than 400,000 Btu/hr
               with an equivalent sized unit.

       2.      Replacement of pumps with equal capacity and only minor modifications
               to the piping systems.

       3.      New plumbing and individual exhaust systems for one or two toilet rooms
               with a maximum of 12 drainage fixture units.


                                           -33-                           Ord. 2009-16(b)
         19.01.106.1.1.4 Submittal requirements for permits regulated by the National
Electrical Code. A set of electrical plans and specifications or a wiring schedule, giving
the following information, shall be filed before the issuance of a permit for the
installation of electrical wiring intended to supply an anticipated or future load in excess
of 200 amperes, single phase, or 150 amperes, three phase, provided that, electrical plans
will not be required for one- and two-family dwelling units and townhomes. Every plan
shall be drawn to scale upon substantial paper and shall be of sufficient clarity to indicate
the location, nature and extent of the work proposed and showing in detail that it will
conform to the provisions of the electrical code and all other relevant laws, ordinances,
rules and regulations. Specifications for such plans may be either shown thereon or
provided separately. The building official may require plans, computations and
specifications to be prepared and designed by an electrical engineer registered by the
state to practice as such. The wiring plan or schedule required shall contain the following
information:

       1.      The type, rating and location of any new service equipment.

       2.      A feeder diagram or schedule listing each feeder and showing:

               2.1.    The size of feeder overcurrent device;

               2.2.    The size of feeder conductors;

               2.3.    The size of feeder raceway;

               2.4.    The location of panel boards or load center served;

               2.5.    The type of occupancy;

               2.6.    The area served and all special loads; and

              2.7.    The total calculated load of lighting, appliances and motors
determined as specified in the National Electrical Code as adopted under this chapter;
and

       3.      A panel board or load center schedule showing for each panel:

               3.1.    Bus-bar capacity;

               3.2.    Voltage rating and phase;

               3.3.    Number, size and type of circuit protective devices; and

                                            -34-                             Ord. 2009-16(b)
              3.4.   Short circuit fault currents shall be shown on riser diagrams to
indicate compliance with the National Electrical Code Sections 110.9, 230VII and 240.1.

      19.01.106.1.1.5 Submittals for permits regulated by the International Fire Code.
Submittals for permits regulated by the International Fire Code shall be as required in
IFC 105.4 for the permits required by CBJ 19.01.105.1.5.

        19.01.106.1.1.6 Fire protection system shop drawings. Shop drawings for fire
protection system(s) shall be submitted to indicate conformance with this title and the
construction documents, and shall be approved prior to the start of system installation.
Shop drawings shall contain all information as required by the referenced installation
standards in Chapter 9 of the building and fire codes.

        19.01.106.1.1.7 Submittal requirements for permits regulated by the Excavation
and Grading Code. Application for a grading permit shall be accompanied by two sets of
plans and specifications, a completed grading checklist on a form approved by the
building official, and supporting data consisting of a soils engineering report and
engineering geology report. The plans and specifications shall be prepared and signed by
an individual licensed by the state to prepare such plans or specifications when required
by the building official.

       Specifications shall contain information covering construction and material
requirements.

         Plans shall be drawn to scale upon substantial paper and shall be of sufficient
clarity to indicate the nature and extent of the work proposed and show in detail that they
will conform to the provisions of this code and all relevant laws, ordinances, rules and
regulations. The first sheet of each set of plans shall give location of the work, the name
and address of the owner, and the person by whom they were prepared.

       The plans shall include the following information:

        1.      General vicinity of the proposed site. Lot number, legal description and
street address of grading site.

        2.      Property limits and accurate contours of existing ground and details of
terrain including, location of existing streams, ditches, swales, all other drainage features,
and area drainage. All easements encumbering the lot shall be delineated and described.

       3.      Limiting dimensions of proposed cuts and fills, cross sections and finish
contours to be achieved by the grading, and proposed drainage channels and related
building construction.

                                            -35-                             Ord. 2009-16(b)
        4.      Detailed plans of all surface and subsurface drainage devices, walls,
cribbing, dams and other protective devices to be constructed with, or as a part of, the
proposed work, together with a map showing the drainage area and the estimated runoff
of the area served by any drains.

        5.     Location of any buildings or structures on the property where the work is
to be performed and the location of any buildings or structures on land of adjacent
owners that are within 15 feet (4572 mm) of the property or that may be affected by the
proposed grading operations. Identify location of driveway, including driveway width
and size of culvert. Identify location of underground utilities (water, sewer, phone,
power, TV).

       6.     Recommendations included in the soils engineering report and the
engineering geology report shall be incorporated in the grading plans or specifications.
When approved by the building official, specific recommendations contained in the soils
engineering report and the engineering geology report, which are applicable to grading,
may be included by reference.

       7.      The dates of the soils engineering and engineering geology reports
together with the names, addresses and phone numbers of the firms or individuals who
prepared the reports.

19.01.106.2 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, 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 official is authorized to waive or modify the requirement for a
site plan when the application for permit is for alteration or repair or when otherwise
warranted.




                                            -36-                            Ord. 2009-16(b)
19.01.106.3 Examination of documents.

       The building official shall examine or cause to be examined the accompanying
construction documents and shall ascertain by such examinations whether the
construction indicated and described is in accordance with the requirements of this code
and other pertinent laws or regulations.

19.01.106.3.1 Approval of construction documents.

        When plans are required for the issuance of a permit, the building official shall
approve both sets of the construction documents, in writing or by stamp. One set of
construction documents so reviewed shall be retained by the building official. The other
set shall be returned to the applicant, shall be kept at the site of work and shall be open to
inspection by the building official or his authorized representative. Approved plans and
specifications shall not be changed, modified or altered insofar as code requirements are
affected without authorization from the building official, and all work regulated by this
code shall be done in accordance with the approved plans.

19.01.106.3.2 Previous approvals.

       This code shall not require changes in the construction documents, construction or
designated occupancy of a structure due to adoption of a new edition of this code when a
lawful permit has been heretofore issued or otherwise lawfully authorized under a
previous code edition, and the construction of which has been pursued in good faith
within one year after the effective date of this code and has not been abandoned.

19.01.106.3.3 Phased approval.

        The building official may issue an authorization for construction of part of a
building, structure or building service equipment as stipulated in this section before
submission or approval of complete plans and specifications for the whole building,
structure or building service equipment, provided adequate information and detailed
statements have been filed complying with all pertinent requirements of the technical
codes. The holder of such authorization shall proceed at the holder's own risk without
assurance that the building permit for the entire building, structure or building service
will be granted.

         19.01.106.3.3.1 Early start authorization. Upon or after filing all materials
required for issuance of a building permit and all fees required for review of a building
permit the applicant therefor may request, on forms prescribed by the building official,
early start authorization. The application shall be accompanied by payment of the early
start fee specified in section 19.01.108.11. Prior to issuance of an early start

                                             -37-                            Ord. 2009-16(b)
authorization all fees associated with the project shall be paid. Such authorization shall
allow the applicant to commence construction on earthwork and foundations for a
building or structure prior to issuance of a building permit. The building official shall
endeavor to give early start authorization requests priority in processing over previously
filed building permit requests.

       The building official may waive requirements of completeness and timeliness for
good cause shown by the applicant. Early start authorization shall be granted only upon a
showing by the applicant that:

       1.     Ten working days have elapsed since the submission of a complete
building permit application or that it is justified because of inclement weather, an
emergency beyond the control of the applicant, or other special circumstances; and

         2.      The project is exempt from or has complied with the requirements of CBJ
title 49, provided that the director of community development may authorize the building
official to issue an early start authorization limited to earthwork and foundations prior to
issuance of an allowable use permit. To qualify for early start authorization, the applicant
must demonstrate to the director that such authorization is required in order to meet the
project building schedule and must acknowledge in writing that work pursuant to the
authorization is undertaken at the applicant's risk that an allowable use permit may be
denied or may be subject to conditions inconsistent with the work performed on the
project, and that the applicant shall remove or modify such work to the extent necessary
to conform to any allowable use permit decision.

        19.01.106.3.3.2 Fast track authorization. Before filing all materials required for
issuance of a building permit, the applicant therefor may request, on forms prescribed by
the building official, fast-track authorization. The application shall be accompanied by
payment of the plan review fee and the fast-track fee specified in section 19.01.108.12.
Such authorization shall allow the applicant to commence construction on specified site
grading, foundations and structural frame phases of the building or structure.

       Fast track authorizations shall be valid for no more than 120 days from issuance.
No additional construction may be done until another authorization or a fully approved
building permit has been issued for all remaining phases of the project. Fast track
authorization requests do not qualify for priority processing over previously filed
building permit requests.

        Fast track authorizations shall be granted only upon a showing by the applicant
that the following conditions exist or have been met:

       1.      The applicant has submitted complete plans, specifications, details and

                                            -38-                           Ord. 2009-16(b)
               calculations for the phase or phases of work for which fast track is sought;

       2.      The building official has approved the project site plan and utilities plan,
               the basic floor plan and architectural concept drawings, the project
               structural plans and calculations, all underground work made inaccessible
               by the fast track construction, the soils report and the grading plan;

       3.      The project is exempt from or has complied with the requirements of CBJ
               title 49, provided that the director of Community Development
               Department, may authorize the building official to issue a fast track
               authorization prior to issuance of an allowable use permit. To qualify for
               fast track authorization, the applicant must demonstrate to the director that
               a fast track authorization is required in order to meet the project building
               schedule and must acknowledge in writing that work pursuant to the
               authorization is undertaken at the applicant's risk that the allowable use
               permit will be denied or will be subject to conditions inconsistent with the
               work performed on the project, and that the applicant shall remove or
               modify such work to the extent necessary to conform to any allowable
               permit decision, the director may limit the scope of the fast tract
               authorization to earthwork and foundations;

       4.      The applicant has paid all building permit fees and other fees associated
               with the project, including plan review fees, water assessments, sewer
               assessments, driveway permit fees, engineering inspection fees and the
               fast track fee established in section 19.01.108.12;

       5.      The applicant has designated a qualified local representative, approved by
               the building official, who shall be responsible for coordinating compliance
               with building department requirements; and

       6.      The applicant has submitted for approval by the building official a
               proposal for a special inspection program, if applicable, detailing the types
               of special inspection, the identity of inspectors proposed to perform the
               special inspection, and the frequency of such inspections. The proposed
               program shall be reviewed by the building official.

        19.01.106.3.3.3 Special expedited authorizations. The building official may
authorize work not meeting the requirements of early start or fast track authorizations
when, in the building official's opinion, special circumstances indicate that such
authorization will not result in violation of any codes or laws and will not cause adverse
effects on the applicant, adjacent property owners, or the City and Borough.


                                           -39-                            Ord. 2009-16(b)
        To qualify for special expedited authorization, the project must be exempt from or
have complied with the requirements of CBJ title 49, provided that the director of the
Community Development Department may authorize the building official to issue a
special expedited authorization prior to issuance of an allowable use permit. To qualify
for special expedited authorization, the applicant must demonstrate to the director that a
special expedited authorization is required in order to meet the project building schedule,
and must acknowledge in writing that work pursuant to the authorization is undertaken at
the applicant's risk that the allowable use permit may be denied or may be subject to
conditions inconsistent with the work performed on the project, and that the applicant
shall remove or modify such work to the extent necessary to conform to any allowable
permit decision.

        The applicant for special expedited authorizations shall pay building permit fees
and other fees associated with the project, including plan review fees, water assessments,
sewer assessments, driveway permit fees, engineering inspection fees as well as the
special expedited authorization fee specified in 19.01.108.13 as determined by the
building official.

19.01.106.3.4 Limitations of authorization.

       Any authorization granted pursuant to this section shall be limited in scope to
matters within the jurisdiction of the building official and is not intended to expedite
review of a project by other departments or agencies. Early start, fast track and special
expedited authorizations shall not be construed to imply approval of the plans or
performance of any portion of the work. The applicant assumes the risk that plans or
work subsequent to issuance of the authorization may be disapproved and that the project
may thereby become substantially more expensive, impractical, or impossible.

19.01.106.3.5 Authorization for specific phases of work.

        Early start, fast track and special expedited authorizations shall be issued for
specific phases of work only. If work proceeds beyond the phase or phases specified in
the authorization, the building official may issue a stop work order and thereafter require
the applicant to submit the complete plans and specifications, investigation fees, and to
obtain a regular building permit prior to recommencing work.

19.01.106.4 Design professional in responsible charge.




                                           -40-                            Ord. 2009-16(b)
19.01.106.4.1 Generally.

        The registered design professional who shall act as the registered design
professional in responsible charge shall be designated on the building permit application
when the documents require preparation by a registered design professional. If
circumstances require, the owner may designate a substitute registered design
professional in responsible charge who shall perform the duties required of the original
registered design professional in responsible charge. The building official shall be
notified in writing by the owner if the registered design professional in responsible
charge is changed or unable to continue to perform the duties.

        The registered design professional in responsible charge shall be responsible for
reviewing and coordinating all submittal documents prepared by others, including phased
and deferred submittal items, for compatibility with the design of the building or
structure.

        Where structural observation is required by IBC Section 1709, the inspection
program shall name the individual or firms who are to perform structural observation and
describe the stages of construction at which structural observation is to occur. See also
duties specified in IBC Section 1704.

19.01.106.4.2 Deferred submittals.

        For the purposes of this section, deferred submittals are defined as those portions
of the design that are not submitted at the time of the application and that are to be
submitted to the building official within a specified period. Deferral of any submittal
items shall have prior approval of the building official. The registered design professional
in responsible charge shall list the deferred submittals on the plans and shall submit the
deferred submittal documents for review by the building official. Submittal documents
for deferred submittal items shall be submitted to the registered design professional in
responsible charge who shall review them and forward them to the building official with
a notation indicating that the deferred submittal documents have been reviewed and that
they have been found to be in general conformance with the design of the building. The
deferred submittal items shall not be installed until their design and submittal documents
have been approved by the building official.

19.01.106.5 Amended construction documents.

       Work shall be installed in accordance with the reviewed construction documents,
and any changes made during construction that are not in compliance with the approved
construction documents shall be resubmitted for approval as an amended set of
construction documents.

                                           -41-                            Ord. 2009-16(b)
19.01.106.6 Retention of construction documents.

        One set of approved plans, specifications and computations shall be retained by
the building official for a period of not less than two years from the date of completion of
the work covered therein, and one set of approved plans and specifications shall be
returned to the applicant, which set shall be kept on such building or work site at all times
during which the work authorized thereby is in progress.

19.01.107 Temporary structures and uses.

19.01.107.1 General.

        The building official is authorized to issue a permit for temporary structures and
temporary uses. Such permits shall be limited as to time of service as determined by the
building official. The building official is authorized to grant extensions for demonstrated
cause. A bond or other guarantee satisfactory to the building official as to amount and the
attorney as to form may be required to be posted to ensure complete removal and disposal
at the end of the temporary period. See definitions of Temporary buildings at section
19.01.202 Definitions.

19.01.107.2 Conformance.

         Temporary structures and uses need not conform to the structural strength, fire
safety, means of egress, accessibility, light, ventilation and sanitary requirements of this
title except as necessary to ensure the public health, safety and general welfare and as
stipulated in this section.

19.01.107.3 Temporary power.

        The building official is authorized to give permission to temporarily supply and
use power in part of an electric installation before such installation has been fully
completed and the final certificate of completion has been issued. The part covered by the
temporary certificate shall comply with the requirements specified for temporary lighting,
heat or power in the electrical code.

19.01.107.4 Termination of approval.

        The building official is authorized to terminate such permit for a temporary
structure or use and to order the temporary structure or use to be discontinued.

19.01.107.5 Expiration.

                                            -42-                            Ord. 2009-16(b)
        Temporary buildings or structures shall be removed or disassembled upon the
expiration of the time limit stated in the permit. A bond or other guarantee satisfactory to
the building official as to amount and the attorney as to form may be required to be
posted to ensure complete removal and disposal or disassembly at the end of the
temporary period.

19.01.108 Fees.

19.01.108.1 Payment of building permit fees.

       A fee for each building permit shall be paid as set forth in this section. A building
permit shall not be valid until the fees have been paid. Nor shall an amendment to a
building permit be released until the additional fee, if any, has been paid.

19.01.108.2 Schedule of building permit fees.

       The fee for each building permit shall be as set forth in section 19.01.108.8.

19.01.108.3 Building permit valuations.

        The determination of value or valuation under any of the provisions of the codes
shall be made by the building official. The applicant for a building permit shall provide
an estimated value at the time of application.

       The value to be used in computing the permit and plan review fees for new
construction and additions shall be the total value of all construction work, including
materials and normal market labor costs, for which the permit is issued including finish
work, painting, roofing, electrical, gas, plumbing, heating, air conditioning, elevators,
mechanical, fire extinguishing systems, and any other permanent work or permanent
equipment.

        The building official may use the building valuation data provided by the model
building code agency to assist in determining the value of the construction for which a
permit is sought. The floor area used in conjunction with building valuation data shall
mean the total area of all floors, measured from the exterior face, outside dimensions or
exterior column line of a building, including basements, mezzanines and balconies, but
not including unexcavated areas. The valuation shall be based on the highest type of
construction to which the proposed structure most nearly conforms, as determined by the
building official.

       The value of remodeling and renovation work shall include the total value of
work, including materials and labor, for which the permit is being issued, such as

                                            -43-                           Ord. 2009-16(b)
electrical, gas, mechanical, plumbing equipment and permanent systems. The total value
may be reduced by the value of work for which no permit is required per section
19.01.105.2. If, in the opinion of the building official, the valuation provided by the
applicant is underestimated, the building official may require the applicant to show
detailed estimates or quotes prepared by a contractor or other building professional.

        The value of premanufactured, uninhabited structures shall be the cost of on-site
installation and assembly.

       For premanufactured buildings not inspected by the City and Borough during
construction, the permit fee shall be 50 percent of the fee required for a new, site-built
building.

19.01.108.4 Plan review fees.

        When a plan or other data is required to be submitted by section 19.01.106.1, a
plan-review fee shall be paid at the time plans and specifications for review are submitted
regardless of whether such plans have been used for the construction of another structure.
Said plan review fees for buildings and structures which fall under the scope of the IRC
shall be 50 percent of the building permit fees. Plan review fees for all other buildings
shall be 65 percent of the building permit fees as set forth in section 19.01.108.8.

        The plan review fees specified in this section are separate fees from the permit
fees specified in section 19.01.108.1 and are in addition to the permit fees.

        Where plans are incomplete, or changed so as to require additional plan review,
an additional plan review fee shall be charged at a rate established by the building
official.

        If the same applicant or manufacturer submits plans for an identical or mirror
image structure, the plan review fee for each such duplicate or mirror image structure
shall be 60 percent of that otherwise payable unless applicable building code provisions
have changed since the original review, in which case the full plan review fee shall be
charged for each such structure. A fee reduction under this section shall have no effect on
any otherwise applicable requirement for a building permit or the fee therefor.

       For premanufactured buildings, the plan review fee shall be based on the full
value of a new, site-built building.

19.01.108.5 Expiration of plan review.

       Applications for which no permit is issued within one year following the date of

                                            -44-                            Ord. 2009-16(b)
application shall expire and plans submitted for review may thereafter be returned to the
applicant or destroyed by the building official. The building official may extend the time
for action by the applicant for a period not exceeding one year upon written request by
the applicant showing that the applicant was prevented from proceeding by reasonable
cause.

        In order to renew action on an application after expiration, the applicant shall
resubmit plans and pay a new plan review fee; provided, however, that the building
official may waive payment of a new plan review fee upon a finding that applicable
building code provisions are unchanged since the original application and that another or
further review of the plans would not otherwise serve any significant purpose.

19.01.108.6 Work commencing before permit issuance.

        19.01.108.6.1 Investigation. Whenever any work for which a permit is required
by this code has been commenced without first obtaining a permit which covers all of the
work, a special investigation shall be made by the building official before a permit may
be issued for such work.

        19.01.108.6.2 Fee. An investigation fee, in addition to the permit fee, may be
collected whether or not a permit is then or subsequently issued. The investigation fee
and penalty shall be $100.00 or the amount of the permit fee required by this code,
whichever is more. The payment of such investigation fee shall not exempt any person
from compliance with all other provisions of this code nor from any penalty prescribed
by law.

19.01.108.7 Fee refunds.

       19.01.108.7.1 The building official may authorize the refunding of any fee paid
under this chapter which was erroneously paid or collected.

        19.01.108.7.2 The building official may authorize the refunding of a portion of
the fee paid for a valid building permit when the permit is canceled before completion of
inspection. The building official may estimate the portion of work not completed and set
the amount of the refund at a corresponding portion of the fee paid less 20 percent for
overhead costs for a total refund of not more than 80 percent of the total building permit
fee.

        19.01.108.7.3 The building official may authorize the refunding of a portion of
the fee for plan review when plan review has not been completed at the time the
corresponding permit application is withdrawn or canceled. The building official may
estimate the amount of plan review not completed and set the amount of the refund at a

                                           -45-                           Ord. 2009-16(b)
corresponding portion of the fee paid less 20 percent for overhead costs for a total refund
of not more than 80 percent of the total plan review fee.

       19.01.108.7.4 The building official may authorize use of unused permit and plan
review fees on a canceled project in lieu of full or partial payment of new plan review
and permit fees on a replacement project by the original payee or their assignee.

        19.01.108.7.5 The building official shall not authorize the refund of any fee paid
except upon written application filed by the original payee or assignee not later than three
years after the date of fee payment. Refunds shall be paid only to the original payee or
their assignee.




                                           -46-                            Ord. 2009-16(b)
19.01.108.8 Building permit fees.


                       TOTAL VALUATION            FEE
                       $1.00 to $500.00           $54.00
                       $501.00 to $2,000.00       $54.00 for the first $500.00
                                                  plus $2.64 for each additional
                                                  $100.00 or fraction thereof,
                                                  to and including $2,000.00
                       $2,001.00 to $25,000.00    $93.60 for the first $2,000.00
                                                  plus $11.88 for each
                                                  additional $1,000.00 or
                                                  fraction thereof, to and
                                                  including $25,000.00
                       $25,001.00 to $50,000.00   $366.84 for the first
                                                  $25,000.00 plus $8.58 for
                                                  each additional $1,000.00 or
                                                  fraction thereof, to and
                                                  including $50,000.00
                       $50,001.00 to $100,000.00 $581.34 for the first
                                                  $50,000.00 plus $5.94 for
                                                  each additional $1,000.00 or
                                                  fraction thereof, to and
                                                  including $100,000.00
                       $100,001.00 to $500,000.00 $878.34 for the first
                                                  $100,000.00 plus $4.62 for
                                                  each additional $1,000.00 or
                                                  fraction thereof, to and
                                                  including $500,000.00
                       $500,001.00 to             $2726.34 for the first
                       $1,000,000.00              $500,000.00 plus $3.96 for
                                                  each additional $1,000.00 or
                                                  fraction thereof, to and
                                                  including $1,000,000.00
                       $1,000,000.00 and up       $4706.34 for the first
                                                  $1,000,000.00 plus $2.64 for
                                                  each additional $1,000.00 or
                                                  fraction thereof


19.01.108.9 Other building inspections and fees.

       19.01.108.9.1 The fee for inspections outside normal business hours shall be
$54.00 per hour or the total hourly cost to the City and Borough, whichever is greater.
There shall be a minimum charge of two hours for inspections outside normal business
hours.

       19.01.108.9.2 The fee for reinspections assessed under provisions of section
19.01.109.10 shall be $54.00 per hour or the total hourly cost to the City and Borough,
whichever is greater.


                                                -47-                               Ord. 2009-16(b)
        19.01.108.9.3 The fee for inspections requested after the inspection dispatch cutoff
time referred to in section 19.01.109.4 for the requested inspection date shall be $54.00.

        19.01.108.9.4 The fee for additional plan review required by changes, additions or
revisions to approved plans shall be $54.00 per hour or the total hourly cost to the City
and Borough, whichever is greater.

        19.01.108.9.5 The fee for outside consultant plan review and inspections shall be
the actual costs of those services including City and Borough administrative and overhead
costs.

        19.01.108.9.6 The fee for inspections or reviews for which no fee is specifically
indicated in this title 19 shall be $54.00 per hour or the total hourly cost to the City and
Borough, whichever is greater.

        19.01.108.9.7 Preparation of deed restrictions, fire protection agreements, and
similar documents, $100.00.

       19.01.108.9.8 For purposes of this section, the total hourly cost shall include
supervision, overhead, equipment, hourly wages, and fringe benefits of the employees
involved.

19.01.108.10 Grading fees; generally.

       Fees shall be assessed in accordance with the provisions of this section for work
primarily for grading, or when grading authorization is requested prior to issuance of a full
building permit, early start or fast track authorizations.

        19.01.108.10.1 Grading plan review fees. When a plan or other data are required to
be submitted, a plan review fee shall be paid at the time of submitting plans and
specifications for review. Said plan review fee shall be as set forth in the following table.
Separate plan review fees shall apply to retaining walls or major drainage structures as
required elsewhere in this code. For excavation and fill on the same site, the fee shall be
based on the volume of excavation or fill, whichever is greater.




                                              -48-                            Ord. 2009-16(b)
                       50 cubic yards (38.2 m3) or    No fee
                       less
                       51 to 100 cubic yards (40 m3   $25.77
                       to 76.5 m3)
                       101 to 1,000 cubic yards       $40.57
                       (77.2 m3 to 764.6 m3
                       1,001 to 10,000 cubic yards    $54.00
                       (765.3 m3 to 7,645.5 m3)
                       10,001 to 100,000 cubic      $54.00 for the first 10,000
                       yards (7,646.3 m3 to 76,455  cubic yards (7,645.5 m3),
                       m3)                          plus $24.50 for each
                                                    additional 10,000 cubic yards
                                                    (7,645.5 m3) or fraction
                                                    thereof
                       100,001 to 200,000 cubic     $274.50 for the first 100,000
                       yards (76,455 m3 to 152,912 cubic yards (76,455 m3), plus
                       m3)                          $13.25 for each additional
                                                    10,000 cubic yards (7,645.5
                                                    m3) or fraction thereof
                       200,001 cubic yards (152,912 $407.00 for the first 200,000
                       m3) or more                  cubic yards (152,911 m3),
                                                    plus $7.25 for each additional
                                                    10,000 cubic yards (7,645.5
                                                    m3) or fraction thereof



        19.01.108.10.2 Other grading plan review fees: Additional plan review required
by changes, additions or revisions to previously reviewed plans: $54.00 per hour or the
total hourly cost to the City and Borough, whichever is the greatest. This cost shall include
supervision, overhead, equipment, hourly wages and fringe benefits of the employees
involved. The minimum charge for additional grading plan review shall be one-half hour.

        19.01.108.10.3 Grading permit fees. A fee for each grading permit shall be paid to
the building official as set forth in the following table. Separate permits and fees shall
apply to retaining walls or major drainage structures as required elsewhere in this code.
There shall be no separate charge for standard terrace drains and similar facilities. The fee
for a grading permit authorizing additional work to that under a valid permit shall be the
difference between the fee paid for the original permit and the fee shown for the entire
project.

                       50 cubic yards (38.2 m3) or    $25.77
                       less
                       51 to 100 cubic yards (40 m3   $40.57
                       to 76.5 m3)
                       101 to 1,000 cubic yards       $54.00 for the first 100 cubic
                       (77.2 m3 to 764.6 m3)          yards (76.5 m3) plus $17.50
                                                      for each additional 100 cubic
                                                      yards (76.5 m3) or fraction
                                                      thereof



                                                  -49-                                 Ord. 2009-16(b)
                       1,001 to 10,000 cubic yards $54.00 for the first 1,000
                       (765.3 m3 to 7,645.5 m3)    cubic yards (764.6 m3), plus
                                                   $14.50 for each additional
                                                   1,000 cubic yards (764.6 m3)
                                                   or fraction thereof
                       10,001 to 100,000 cubic     $274.50 for the first 10,000
                       yards (7,646.3 m3 to 76,455 cubic yards (7,645.5 m3),
                       m3)                         plus $66.00 for each
                                                   additional 10,000 cubic yards
                                                   (7,645.5 m3) or fraction
                                                   thereof
                       100,001 cubic yards (76,456 $407.00 for the first 100,000
                       m3) or more                 cubic yards (76,455 m3), plus
                                                   $36.50 for each additional
                                                   10,000 cubic yards (7,645.5
                                                   m3) or fraction thereof



        19.01.108.10.4 Grading inspections outside of normal business hours: $54.00 per
hour or the total hourly cost to the City and Borough, whichever is the greatest. This cost
shall include supervision, overhead, equipment, hourly wages and fringe benefits of the
employees involved. (Minimum charge - Two hours).

        19.01.108.10.5 Grading reinspection fees assessed under the provisions of section
19.01.109.10: $54.00 per hour or the total hourly cost to the City and Borough, whichever
is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and
fringe benefits of the employees involved. (Minimum charge -Two hours).

        19.01.108.10.6 Inspections for which no fee is specifically indicated: $54.00 per
hour or the total hourly cost to the City and Borough, whichever is the greatest. This cost
shall include supervision, overhead, equipment, hourly wages and fringe benefits of the
employees involved. (Minimum charge - One-half hour).

19.01.108.11 Early start authorization fee.

       The fee for early start pursuant to section 19.01.106.3.3.1 shall be equal to 100
percent of the permit fee based on the value of the work for which the early start
authorization is requested as determined by the building official.

19.01.108.12 Fast track authorization fee.

       The fee for fast track authorization pursuant to section 19.01.106.3.3.2 shall be 50
percent of the building permit fee.




                                                 -50-                              Ord. 2009-16(b)
19.01.108.13 Special expedited authorization fee.

        The fee for special expedited authorization pursuant to section 19.01.106.3.3.3
shall be $54.00.

19.01.108.14 Third party plan review fee.

        The plan review fee for permits reviewed under a third party plan review program
approved by the building official shall be reduced by $500.00 unless such reduction would
result in a fee of less than $250.00 in which case the plan review fee shall be $250.00.

19.01.108.15 Fire permit fees; generally.

        Fees for Fire Permits and Fire Department inspections shall be in accordance with
this section.

19.01.108.15.1 Fire permit and inspection fees. Fire permit and inspection fees shall be
as set forth in the following table.


          Childcare or Daycare Inspection                                $50.00

          Courtesy Inspection                                            $50.00

          Special Event Structures                                       $50.00

          Events in Mall Hallways                                        $75.00

          Fire Watch Approval – Existing Building                        $50.00

          Material Storage - Flammable/Combustiblea                      $50.00

          Material Storage - Hazardous Materiala                        $100.00

          Material Storage - High Pile Storagea                          $50.00

          Hot Work – Welding                                             $50.00

          Hot Work – Roof/Tar Kettle                                     $25.00

          Hot Work – General                                             $25.00

          Open Burning                                                  reserved


                                            -51-                           Ord. 2009-16(b)
          Subdivision Land Clearing Burn                                  $200.00

          Commercial Development Land Clearing Burn                       $200.00

          Open Flame – displays, performances, etc.                        $50.00

          Paint Booths                                                     $50.00

          Fireworks or Pyrotechnical                                      $100.00

          Blasting on Individual Lot                                       $50.00

          Blasting related to Subdivision or Road Development             $100.00

          Blasting at Quarry                                              $100.00

          Shipment of Explosives to an Unestablished Site                 $100.00
                      a
                          Not related to review in conjunction with a building permit.


19.01.108.15.2 Work commencing before permit issuance.

19.01.108.15.2.1 Investigation. Whenever any work for which a permit or inspection fee
is required by this code has been commenced without first obtaining a permit or inspection
which covers all of the work, a special investigation shall be made by the Fire Chief
before a permit may be issued or inspection scheduled for such work.




                                              -52-                          Ord. 2009-16(b)
19.01.108.15.2.2 Fee. An investigation fee, in addition to the permit or inspection fee,
may be collected whether or not a permit is then or subsequently issued or an inspection is
scheduled. The investigation fee and penalty shall be $100.00 or the amount of the permit
or inspection fee required by this code, whichever is greater. The payment of such
investigation fee shall not exempt any person from compliance with all other provisions of
this code nor from any penalty prescribed by law.

19.01.108.15.3 Fee refunds. The Fire Chief may authorize the refunding of any fee paid
under this chapter which was erroneously paid or collected.

19.01.108.15.4 Other fire inspections and fees.

19.01.108.15.4.1 The fee for inspections outside normal business hours shall be $54.00
per hour or the total hourly cost to the City and Borough, whichever is greater. There shall
be a minimum charge of two hours for inspections outside normal business hours.

19.01.108.15.4.2 The fee for re-inspections assessed under provisions of section shall be
$54.00 per hour or the total hourly cost to the City and Borough, whichever is greater.

19.01.108.15.4.3 The fee for inspections or reviews for which no fee is specifically
indicated in section 19.01.018.15 shall be $54.00 per hour or the total hourly cost to the
City and Borough, whichever is greater.

19.01.108.15.4.4 Preparation of fire protection agreements and similar documents,
$100.00.

19.01.108.15.4.5 For purposes of this section, the total hourly cost shall include
supervision, overhead, equipment, hourly wages, and benefits of the employees involved.

19.01.109 Inspections.

19.01.109.1 Generally.

        All construction or work for which a building permit is required shall be subject to
inspection by the building official, and all such construction shall remain accessible and
exposed for inspection purposes until approved by the building official. In addition,
certain types of construction shall have continuous inspection by special inspectors as
specified in International Building Code Chapter 17. Approval as a result of an inspection
shall not be construed to be an approval of a violation of the provisions of this code or of
any other ordinances of the City and Borough. Inspections purporting to give authority to
violate or cancel the provisions of this code or of other ordinances of the City and


                                             -53-                           Ord. 2009-16(b)
Borough shall not be valid. It shall be the duty of the permit applicant to cause the work to
remain accessible and exposed for inspection purposes. Neither the building official nor
the City and Borough shall be liable for expense entailed in the removal or replacement of
any material required to allow inspection. The building official may require a construction
survey of the structure to determine the location of the structure in relation to the lot lines
to verify compliance with the zoning, and fire and building code requirements. A survey
of the lot may be required by the building official to verify that the structure is located in
accordance with the approved plans.

19.01.109.2 Preliminary inspection.

       Before issuing a permit, the building official is authorized to examine or cause to
be examined buildings, structures and sites for which an application has been filed.

19.01.109.3 Inspection record.

        The building official may require posting of the inspection record in a conspicuous
and accessible place at the jobsite. This record shall be maintained on-site by the permit
holder for review by the building official until the final inspection has been approved. The
building official shall leave a report of each inspection on the job site upon completion of
the inspection. Copies of such inspection reports shall be retained in the files of the
building official.


19.01.109.4 Inspection requests.

         It shall be the duty of the person doing the work authorized by a permit to notify
the building official that such work is ready for inspection. Such request may be in
writing, in person, by telephone, fax or e-mail at an address approved by the building
official. The building official may establish an inspection dispatch cutoff time after which
no further inspections may be requested for that day. The building official may authorize
inspections that were not requested before the inspection dispatch cutoff time if inspectors
are available and upon payment of an additional fee as stipulated in section 19.01.108.9.3.
It shall be the duty of the person requesting any inspection required by the codes to
provide access to and means for such inspection.

19.01.109.5 Approvals required.

        No work shall be done on any part of the building or structure beyond the point
indicated in any preceding inspection of that work without first obtaining a written
approval of the building official. The building official, upon notification, shall make the
requested inspections and shall either indicate that portion of the construction is

                                             -54-                             Ord. 2009-16(b)
satisfactory as completed, or shall notify the permit holder or an agent of the permit holder
wherein the same fails to comply with this code and, if requested, refer to applicable code
sections. Any portions that do not comply shall be corrected, and such portion shall not be
covered or concealed until authorized by the building official. There shall be a final
inspection and approval on all buildings when completed and ready for occupancy and
use.

19.01.109.6 Required building inspections.

19.01.109.6.1 Generally.

        No reinforcing steel, structural framework or any other part of any building,
structure, framework or excavation shall be covered or concealed without first obtaining
written approval of the building official.

       Protection of joints and penetrations in fire-resistive assemblies shall not be
concealed from view until inspected and approved.

        The building official, upon notification from the permit holder or the permit
holder's agent, shall designate a time to make the following required inspections..

19.01.109.6.2 Foundation inspections.

        19.01.109.6.2.1 Excavations, setbacks and footings. Inspection of excavation,
setback and footings shall be made after excavation for footings is complete and all
footing forms are erected or equivalent placement of unattached prefabricated footing
elements are in place. No excavation, setback and footing inspection approval will be
issued unless there are sufficient property corner stakes or other monumentation placed by
a licensed surveyor to permit the inspector to determine the location of the lot lines and
unless such corner stakes or other monumentation is shown on a plat or survey produced
by a registered surveyor and submitted with the building permit application; provided, the
building official may waive the requirement for stakes and plats if the work is repair or
replacement of an existing foundation meeting all City and Borough of Juneau codes and
ordinances and not involving an exterior expansion or relocation of the existing
foundation.

        It shall be unlawful for the property owner, the property owner's agent, a
contractor, a subcontractor or any other person doing work covered by this title or an
employee of any of the foregoing to pour, cause or permit the pouring of any foundation
prior to the structural inspection approval required in this section.

       19.01.109.6.2.2 Forms and rebar. Inspection of forms and rebar shall be made

                                             -55-                           Ord. 2009-16(b)
after excavations for footings are complete and any reinforcing steel is in place. For
concrete foundations, stem wall forming and reinforcing steel placement, inspection shall
be completed before concrete placement, prefabricated foundation placement, backfilling
footings, foundations, structural slabs, basement walls and similar structures.

         If any part of the structure as shown on the plans approved for the building permit
is to be within three feet of any property line, including a proposed common wall property
line, or a zoning setback line, no forms and rebar inspection approval may be given until
there is on file with the building official an as-built survey or letter or certificate stamped
by a registered surveyor in a form satisfactory to the official, indicating that the
foundation is lawfully located in relation to proposed and existing property lines so that
the completed structure is not within zoning setback lines.

        If the construction is not within three feet of any property line and does not involve
a common wall structure, the requirement for an as-built survey may be waived if at the
time the inspection under subsection 19.01.109.6.2.1 is made there is on file with the
building official a plot plan showing foundation corner stakes set by the surveyor and the
corner stakes are in place at the time of inspection and verifiable by the inspector or, prior
to the inspection under this section there is on file with the building official in a form
satisfactory to the official a certificate by a surveyor that the foundation corners were
staked and the forms were correctly placed in accordance with the stakes.

       The completed foundation approval may be denied if the foundation is located in
such a manner that a part of the structure proposed to be placed thereon would encroach
onto neighboring property or into a zoning setback or would cause the location of a
common wall property line to be in violation of the zoning code.

       19.01.109.6.2.3 Treated wood foundations. Where the foundation is to be
constructed of approved treated wood, additional inspections may be required by the
building official.

        19.01.109.6.2.4 It shall be unlawful for the property owner, the property owner's
agent, a contractor, a subcontractor or any other person doing work covered by this title or
an employee of any of the foregoing to pour concrete, cause or permit the pouring of
concrete or place permanent foundation components for any foundation prior to the
inspection approval required in this section.

       19.01.109.6.2.5 The lowest floor elevation certification, if required in IBC Section
1612.5 or IRC Section R324.1.9, shall be submitted to the building official prior to
framing inspection approval.

19.01.109.6.3 Concrete slab or under-floor inspection.

                                              -56-                            Ord. 2009-16(b)
        When a proposed floor is at grade without crawl space access, concrete slab or
under-floor inspection shall be made after all in-slab, at grade, or under-floor 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.

19.01.109.6.4 Floodplain inspections.

        For construction permitted in areas prone to flooding as established by IRC Table
R301.2(1) or IBC Section 1612.3, upon placement of the lowest floor, including basement,
and prior to further vertical construction, the building official shall require submission of a
certification, prepared by a registered professional engineer or land surveyor, of the
elevation of the lowest floor, including basement, required in IRC Section R324.1.9 or
IBC Section 1612.5.

19.01.109.6.5 Frame inspection.

        19.01.109.6.5.1 Framing inspection shall be made after the roof deck or sheathing,
all framing, bracing, and fireblocking are in place, and all pipes, chimneys and vents to be
concealed are complete, and the rough electrical, plumbing, heating wires, pipes and ducts
are approved, and prior to concealment. No framing inspection approval will be issued
prior to the approval of rough-in plumbing, rough-in mechanical and rough-in electrical
when such rough-in installations are to be ultimately concealed.

        19.01.109.6.5.2 Inspection of rough plumbing and mechanical shall be made after
all piping, including gas piping, ducts, heating equipment, and chimneys have been
installed and tested as required in the appropriate code.

        19.01.109.6.5.3 Inspection of rough electrical shall be made after all conduits,
wires, boxes and panels are installed.

        19.01.109.6.5.4 Inspection for thermal requirements shall be made for all
residential construction after insulation and vapor barrier is installed, if required, and prior
to installation of wall or ceiling coverings. Inspection shall include, but not be limited to,
inspections for: envelope insulation R and U value, fenestration U value and duct system
R value to determine compliance with IRC Chapter 11 Energy Efficiency.




                                              -57-                            Ord. 2009-16(b)
19.01.109.6.6 Wall covering.

       Except for gypsum board that is not part of a fire-resistive assembly or a shear
assembly, inspection of lath and/or wallboard shall be made after all lathing and
wallboard, interior and exterior, is in place but before any plastering is applied or before
wallboard joints and fasteners are taped and finished.

19.01.109.6.7 Fire-resistance-rated assemblies.

       Protection of joints and penetrations in fire-resistance-rated assemblies shall not be
concealed from view until inspected and approved.

19.01.109.6.8 Final inspection.

         The final inspection shall be made after the building and all site work is
completed. All fixed equipment and appliances are to be operable. This inspection is to
ensure that all required inspections have been made and that all work is in compliance
with applicable codes. In the case of new connections to water sources or systems, and
wastewater disposal systems which are other than the municipal water or wastewater
utility or an approved community system, before final inspection shall be approved, final
approval shall be required of the on-lot water supply system and any on-lot wastewater
disposal system including certified as-built plans and certification from a state licensed
engineer or a representative of ADEC that the system has been inspected and was installed
according to the approved application. Before final inspection approval for any permit
issued under this code, the provisions of IBC Section 501.2, Premises Identification, and
CBJ 62.45, street numbering, shall be met.

19.01.109.7 Special inspections.

        When special inspection is required by IBC Section 1704, the design professional
in responsible charge shall prepare an inspection program, on forms provided by the
building official, that shall be submitted to the building official for approval prior to
issuance of the building permit. The inspection program shall designate the portions of the
work that require special inspection and the name of the individuals and firms who are to
perform the special inspections, indicate the duties of the special inspectors, and be signed
by the special inspector and owner or owner's representative.

       The special inspector shall be employed by the owner, the design professional in
responsible charge or an agent of the owner, but not the contractor or any other person
responsible for the work.



                                             -58-                            Ord. 2009-16(b)
        The inspection program shall include samples of inspection reports and provide
time limits for submission of reports.

19.01.109.8 Other inspections.

        In addition to the inspections specified above, the building official may make or
require any other inspections of any construction work to ascertain compliance with the
provisions of the codes, ordinances and other laws or regulations which are enforced by
the building official. For the purpose of determining compliance with International
Building Code Section 34, Existing Structures, or International Residential Code,
Appendix J, Existing Buildings and Structures, the building official may cause any
structure to be reinspected.

19.01.109.9 Inspection agencies.

         The building official is authorized to accept reports of approved inspection
agencies, provided such agencies satisfy the requirements as to qualifications and
reliability.

19.01.109.10 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 subsection is not to be interpreted as requiring reinspection fees
after work is initially rejected for a good faith failure to comply with the requirements of
the codes, but as controlling the practice of calling for inspections knowing or chargeable
with knowledge that work is not ready for such inspection or reinspection. Reinspection
fees may be assessed when the permit card is not properly posted on the work site, the
approved plans are not readily available to the inspector, the worksite is not accessible on
the date for which inspection is requested, or the work deviates from plans approved by
the building official. To obtain a reinspection the applicant shall apply for a reinspection
and pay the reinspection fee in accordance with section 19.01.108.9.2. In instances where
reinspection fees have been assessed, no additional inspection of the work shall be
performed until the required fees have been paid.

19.01.109.11 Required building service equipment inspections.

       19.01.109.11.1 Generally. All building service equipment for which a permit is
required by this code shall be inspected by the building official. No portion of any
building service equipment intended to be concealed by any permanent portion of the
building shall be concealed until inspected and approved. When the installation of any
building service equipment is complete, an additional and final inspection shall be made.

                                             -59-                           Ord. 2009-16(b)
Building service equipment regulated by these codes shall not be connected to the water,
fuel or power supply or sewer system until authorized by the building official.

        19.01.109.11.2 Operation of building service equipment. The requirements of this
section shall not be considered to prohibit the operation of any building service equipment
installed to replace existing building service equipment serving an occupied portion of the
building in the event a request for inspection of such building service equipment has been
filed with the building official not more than 48 hours after such replacement work is
completed, and before any portion of such building service equipment is concealed by any
permanent portion of the building.

19.01.109.12 Removal or replacement of material to allow inspection.

       The permittee shall be responsible for the removal or replacement of any material
required to allow inspection of unapproved work; provided, the municipality shall
reimburse the permittee for expenses necessarily incurred in removing or replacing
material to permit inspection of work previously approved.

19.01.110 Certificate of occupancy.

19.01.110.1 Use or occupancy.

       No building or structure including any construction built as a common wall lot
development under CBJ 49.65.700 through 49.65.755, shall be used or occupied, and no
change in the existing occupancy classification of a building or structure or portion thereof
may be made, until the building official has issued a certificate of occupancy therefor as
provided in this section.

        Issuance of a certificate of occupancy shall not be construed as an approval of a
violation of the provisions of the codes or of other ordinances of the City and Borough.
Certificates presuming to give authority to violate or cancel the provisions of the codes or
of other ordinances of the City and Borough shall not be valid.

19.01.110.2 Change in use.

        No change shall be made in the character of occupancies or use of any building
that would place the building in a different division of the same group of occupancy or in
a different group of occupancies, unless such building is made to comply with the
requirements of this code for such division or group of occupancy.

        Exception: The character of the occupancy of existing buildings may be changed
subject to the approval of the building official, and the building may be occupied for

                                            -60-                            Ord. 2009-16(b)
purposes in other groups without conforming to all the requirements of this code for those
groups, provided the new or proposed use is no more hazardous, based on life and fire
risk, than the existing use.

        No change in the character of the occupancy of a building shall be made without a
certificate of occupancy, as required in section 19.01.110, Certificate of Occupancy. The
building official may issue a certificate of occupancy pursuant to the intent of the above
exception without certifying that the building complies with all provisions of this code.

19.01.110.3 Certificate issued.

        After inspection of the building or structure and finding no violation of the
provisions of this code or other laws which are enforced by the code enforcement agency,
the building official shall issue a certificate of occupancy which shall contain the
following:

       1.      The building permit number;

       2.      The address of the building;

       3.      The name and address of the owner of the building;

       4.      A description of that portion of the building for which the certificate is
               issued;

       5.      A statement that the described portion of the building complies with the
               requirements of the codes for group and division of occupancy and the use
               for which the proposed occupancy is classified;

       6.      The name of the building official;

       7.      The edition of the code under which the permit was issued;

       8.      The use and occupancy, in accordance with the provisions of IBC Chapter
               3;

       9.      The type of construction as defined in IBC Chapter 6;

       10.     The design occupant load when the building contains assembly
               occupancies;



                                              -61-                           Ord. 2009-16(b)
       11.     The fire protection systems are provided, whether the fire protection
               systems are required; and

       12.     Any special stipulations and conditions of the building permit.


19.01.110.4 Temporary certificate.

        If the building official finds that no substantial hazard will result from occupancy
of any building or portion thereof before the same is completed, the building official may
issue a temporary certificate of occupancy for the use of a portion or portions of a building
or structure prior to the completion of the entire building or structure.

19.01.110.5 Posting.

        The certificate of occupancy or temporary certificate of occupancy shall be posted
in a conspicuous place on the premises and shall not be removed except as authorized by
the building official.

        When a certificate of occupancy or temporary certificate of occupancy is issued,
and at all times thereafter, any room with an occupant load in excess of 50 or where the
occupant load is restricted by the building official shall be posted with the approved room
capacity for each use on a sign approved by the building official for that purpose.

19.01.110.6 Revocation.

        The building official may, in writing, and after notice and a hearing, suspend or
revoke a certificate of occupancy whenever the certificate is issued in error, or on the
basis of incorrect information supplied, or when it is determined that the building or
structure or a portion thereof is in violation of any ordinance or regulation or any of the
provisions of this code.

19.01.110.7 Occupancy violations.

        Whenever any building or structure or building service equipment therein
regulated by these codes is being used contrary to the provisions of the codes, the building
official, or fire chief for fire code matters, may order such use discontinued by written
notice served on any person causing such use to be continued, and the structure, or portion
thereof, vacated by notice served on any person causing such use to be continued. Such
person shall discontinue the use within the time prescribed by the building official or fire
chief after receipt of such notice or make the structure, or portion thereof, comply with the
requirements of the codes within the time prescribed; provided, however, that in the event

                                             -62-                            Ord. 2009-16(b)
of an unsafe building, section 19.01.115 shall apply.

19.01.110.8 Zero lot line building.

        A certificate of occupancy may be issued for a portion of a common wall lot
development or common wall lot split under sections 49.65.700 through 49.65.755 when
the portion of the building to be occupied has been completed, including the complete
party wall, for the occupied unit.

19.01.111 Service utilities.

19.01.111.1 Connection of service utilities.

        No person shall make connections from a utility, source of energy, fuel or power to
any building or system that is regulated by this code and for which a permit is required by
this code, until approved by the building official.

19.01.111.2 Temporary connections.

       The building official may authorize the temporary connection of the building or
system to the utility, source of energy, fuel or power.

19.01.111.3 Authority to disconnect service utilities.

        The building official, fire chief or their authorized representative shall have the
authority to disconnect any utility service or energy supplied to any building, structure or
system regulated by this code or the technical codes in case of emergency where necessary
to eliminate an immediate hazard to life or property. The building official or fire chief
shall notify the serving utility and, whenever practicable, the owner and occupant of the
building, structure or service system, of the decision to disconnect prior to taking such
action, and shall notify such serving utility, owner and occupant of the building, structure
or building service equipment, in writing, of such disconnection as soon as practical
thereafter.




                                            -63-                           Ord. 2009-16(b)
19.01.111.4 Authority to condemn building systems.

        Whenever the building official or fire chief ascertains that any building or system
regulated in the technical codes has become hazardous to life, health, property, or
becomes unsanitary, the building official or fire chief shall order in writing that such
building or system either be removed or restored to a safe or sanitary condition, whichever
is appropriate. The written notice itself shall fix a time limit for compliance with such
order. No person shall use or maintain a building or system after receiving such notice
regarding that building or system.

        When any building system is maintained in violation of the technical codes and in
violation of any notice issued pursuant to the provisions of this section, the building
official shall institute any appropriate action to prevent, restrain, correct or abate the
violation.

19.01.111.5 Connection after order to disconnect.

        No person shall make connections from any utility, energy source, fuel or power
supply, nor supply energy or fuel to any building system which has been disconnected, or
ordered to be disconnected, by the building official or fire chief, or the use of which has
been ordered to be discontinued by the building official or fire chief, until the building
official or fire chief authorizes the reconnection and use of such equipment.

19.01.112 Reserved.

19.01.113 Violations.

19.01.113.1 Unlawful acts.

         It is unlawful for any person, firm, corporation, partnership or other association to
erect, construct, enlarge, alter, extend, repair, move, improve, remove, convert, demolish,
equip, use, maintain or occupy any building, structure or building service equipment or
any part thereof or appurtenances thereto or device regulated by this code in the City and
Borough, or to cause or to permit the same to be done contrary to or in violation of any of
the provisions of this title or of any technical code adopted under this title or any pertinent
law or ordinance or any written order issued by the building official or fire chief under
this title or codes adopted under this title. No person may knowingly fail to comply with a
lawful, written order of the building official or fire chief.


19.01.113.1.1 Violations; unlawful continuance of fire hazard. Any person operating or
maintaining any occupancy, premises or vehicle subject to this code who shall permit any

                                              -64-                            Ord. 2009-16(b)
fire hazard to exist on premises under their control or who shall fail to take immediate
action to abate a fire hazard when ordered or notified to do so by the fire chief or the fire
chief’s duly authorized representative, is guilty of an infraction.

19.01.113.2 Notice of violation.

        The building official or fire chief is authorized to serve a notice of violation, or
order, on the person responsible for the erection, construction, alteration, extension, repair,
moving, removal, demolition or occupancy of a building or structure in violation of the
provisions of this code, or in violation of a permit or certificate issued under the
provisions of this code. Such order shall direct the discontinuance of the illegal action or
condition and the abatement of the violation.

19.01.113.3 Prosecution of violation.

        If the notice of violation is not complied with within the time set forth in the
notice, the building official is authorized to request the City and Borough attorney to
institute the appropriate proceeding at law or in equity to restrain, correct or abate such
violation, or to require the removal or termination of the unlawful occupancy of the
building or structure in violation of the provisions of this code or of the order or direction
made pursuant thereto.

19.01.113.4 Violation penalties.

         A person who violates or who causes or permits a violation of any provision of this
title or fails to comply with any of the requirements thereof, or any work which erects,
constructs, alters or repairs a building or structure in violation of the approved
construction documents or a lawful order of the building official or fire chief, or of any
permit or a term or condition of a permit or any certificate issued under the provisions of
this title, is guilty of an infraction. Each day on which a violation occurs is a separate
violation.

19.01.113.5 Negligent violations.

        A person who negligently violates or who negligently causes or permits a violation
of a provision of this title, a lawful order of the building official or fire chief, a permit, or a
term or condition of a permit is guilty of a Class B misdemeanor. Each day on which a
violation occurs is a separate violation.

19.01.113.6 Reckless or intentional violations.

        A person who recklessly or intentionally violates a provision of this title, or a

                                               -65-                              Ord. 2009-16(b)
lawful order of the building official or fire chief, or a permit, or a term or condition of a
permit issued under this title, is guilty of a Class A misdemeanor.

19.01.113.7 Failure to provide information.

       A person who recklessly or intentionally fails to provide information required
under this title is guilty of a Class B misdemeanor.

19.01.113.8 False information.

        A person who intentionally provides false information required under this title is
guilty of a Class A misdemeanor.

19.01.113.9 Definitions.

As used in this section:

       (1)     A person acts "intentionally" with respect to a result described by a
provision of this title when the person's conscious objective is to cause that result.

        (2)     A person acts "recklessly" with respect to a result or to a circumstance
described by a provision of this title when the person is aware of and consciously
disregards a substantial and unjustifiable risk that the result will occur or that the
circumstance exists; the risk must be of such a nature and degree that disregard of it
constitutes a gross deviation from the standard of conduct that a reasonable person would
observe in the situation; a person who is unaware of a risk of which the person would have
been aware had that person not been intoxicated acts recklessly with respect to that risk.

        (3)     A person acts "negligently" with respect to a result or to a circumstance
described by a provision of law when the person fails to perceive a substantial and
unjustifiable risk that the result will occur or that the circumstance exists; the risk must be
of such a nature and degree that the failure to perceive it constitutes a gross deviation from
the standard of care that a reasonable person would observe in the situation.




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19.01.114 Stop work orders.

19.01.114.1 Authority.

        Whenever any work is being done contrary to the provisions of a code, or other
pertinent laws or ordinances implemented through enforcement of this code, the building
official, or the fire chief, if appropriate, may order the work stopped.

19.01.114.2 Permit reminder.

        A written reminder may be used to notify the owner or person doing the work that
a violation of the code is likely and to request the owner or person doing the work to
immediately contact the building official or fire chief before continuing work. Such permit
reminder shall set a date by which a response is required to avoid further action.

19.01.114.3 Issuance.

         The stop work order shall be in writing and posted in a conspicuous location on the
site, served on any persons engaged in doing or causing such work to be done if a person
is on site and a copy transmitted to the owner or owner's representative. Upon issuance of
a stop work order, the cited work shall immediately cease. The posted stop work order
shall not be removed until authorized by the building official.

19.01.114.4 Unlawful continuance.

        Work ordered stopped by a stop work order issued under this section shall not be
continued until authorized by the building official to proceed. Any person who shall
continue, start or cause any such work to be done at a site so posted, except such work
specifically authorized in writing by the building official to remove a violation, unsafe
condition or condition that may cause damage to the property, shall be subject to penalties
in section 19.01.113.

19.01.115 Unsafe structures and equipment.

19.01.115.1 Conditions.

         All buildings, structures or equipment regulated by this code that are or hereafter
become unsafe, unsanitary or deficient because of inadequate means of egress, inadequate
light or ventilation, or which constitute a fire hazard, or are otherwise dangerous to human
life or the public welfare, or which involve illegal or improper occupancy or inadequate
maintenance are, for the purpose of this section, unsafe. Building equipment regulated by
this code, constituting a fire, electrical or health hazard, or unsanitary condition, or

                                            -67-                           Ord. 2009-16(b)
otherwise dangerous to human life is, for the purpose of this section, unsafe. Any use of
buildings, structures or building service equipment constituting a hazard to safety, health,
or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire
hazard, disaster, damage, or abandonment is, for the purpose of this section, an unsafe use.
Parapet walls, cornices, spires, towers, tanks, statuary, and other appendages or structural
members which are supported by, attached to, or a part of a building and which are in a
deteriorated condition or otherwise unable to sustain the design loads which are specified
in the International Property Maintenance Code are hereby designated as unsafe building
appendages.

       All such unsafe buildings, structures or appendages and building service
equipment are declared to be public nuisances and shall be abated by repair, rehabilitation,
demolition, or removal in accordance with the procedures specified in the International
Property Maintenance Code as adopted in section 19.11 or by any other procedures
provided by law. As an alternative, the building official or fire chief, may institute any
other appropriate action to prevent, restrain, correct or abate the violation.

19.01.115.2 Record.

        The building official shall cause a report to be filed on an unsafe condition. The
report shall state the occupancy of the structure and the nature of the unsafe condition.

19.01.115.3 Notice.

       If an unsafe condition is found, the building official shall serve on the owner, agent
or person in control of the structure, a written notice that describes the condition deemed
unsafe and specifies the required repairs or improvements to be made to abate the unsafe
condition, or that requires the unsafe structure to be demolished within a stipulated time.
Such notice shall require the person thus notified to declare to the building official within
the time set forth in the notice acceptance or rejection of the terms of the order.

19.01.115.4 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; or (c) 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.


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19.01.115.5 Restoration.

       A structure or equipment determined to be unsafe by the building official is
permitted to be restored to a safe condition. To the extent that repairs, alterations or
additions are made or a change of occupancy occurs during the restoration of the structure,
such repairs, alterations, additions or change of occupancy shall comply with the
requirements of section 19.01.101.4.3, IBC Chapter 34 or IRC Appendix J, as appropriate.

19.01.116 Administration and enforcement procedures conflicts.

        It is the purpose of this chapter to provide a single procedure for permit
application, issuance, code enforcement and other matters under this title. In the event of a
conflict between this section and the codes adopted by reference under this title, the
provisions of this chapter shall apply unless the building official or fire chief, as
appropriate, determines that special circumstances warrant a deviation from the codes
adopted under this title.

19.01.117 Conflicts with state codes and regulations.

        Whenever the building official or fire chief is aware of a more stringent
requirement established in a state code or regulation which requires the City and Borough
to be no less stringent than that requirement, the building official or fire chief may refuse
to issue the permit or approve work unless the application or work meets the more
stringent state code or regulation.

19.01.118 Cooperation of other officials.

       The building official or fire chief may request and shall receive, so far as may be
necessary in the discharge of the building official's or fire chief's duties, the assistance and
cooperation of other officials of the City and Borough of Juneau.

19.01.119 Adoption of new international, national and uniform codes; procedures.

        Upon the publication of new or updated versions of the international, national and
uniform codes adopted under this title, the building code advisory committee, with the
assistance of the building official and the fire chief, shall review the new codes and
proposed changes. It is the policy of the assembly to adopt international, national and
uniform codes under this title with a minimum of changes. Changes proposed should be
justified primarily on the basis of conditions in the City and Borough that require
additional consideration. Prior to proposing adoption of new codes and changes thereto,
the building code advisory committee, with the assistance of the building official and the
fire chief, shall conduct a public hearing on the proposed code and changes. After the

                                              -69-                             Ord. 2009-16(b)
hearing, the manager shall present an ordinance for the adoption of the new code and
changes recommended by the building code advisory committee. The building official
shall include with the ordinance a synopsis of the comments presented at the public
hearing.

19.01.120 Implementation of new codes.

        Unless otherwise provided in the ordinance adopting a new international, national
or uniform code or changing the requirements of an adopted code, the new code or change
shall apply to all work for which a substantially complete application is filed on or after
the effective date of the adopting or amending ordinance.

19.01.202 Definitions.

        Unless a different meaning is clearly intended, the following words and phrases
shall have the meanings ascribed below whenever used in this title and shall supersede
definitions of such words or phrases set forth in any technical code adopted under this
title:

       ADA-AG means Americans with Disabilities Act Accessibility Guidelines for
Building and Facilities, published July 1, 1996 but not including Chapter 13.

       Adjoining spaces means one contiguous space for the purpose of emergency
escape and egress requirements from sleeping rooms; any room is permitted to be
considered a portion of an adjoining space where one-half of the area of the common wall
between them is open and unobstructed and is of a minimum width of 48 inches and a
minimum height of 80 inches, without a door, and provides an opening of not less than
one-tenth of the floor area of the smaller room.

        Any code, a code, the code, this code and similar phrases refer not only to the
applicable technical code but to title 19 of this Code. "The codes" and similar phrases
refer to any or all the applicable technical codes adopted by reference in this title as well
as all applicable sections of title 19.

       Building, existing, means a building that:

       (A)     Was erected before December 5, 1956; or

        (B)     Was erected before October 22, 2009, and complies with the building code
regulations in effect at the time of construction. (SFM)

       Building official means the officer or other designated authority charged with the

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administration and enforcement of this title, or the building official's duly authorized
representative.

         Building service equipment means the plumbing, mechanical, electrical and
elevator equipment including piping, wiring, fixtures and other accessories which provide
sanitation, lighting, heating, ventilation, cooling, refrigeration, firefighting or
transportation facilities essential for the habitable occupancy of the building or structure
for its designated use or occupancy.

        Cabin means a structure which is inhabited only occasionally for noncommercial
hunting, fishing, or other recreational purposes, is without available public utility services,
and is located outside of Service Area 9.

        City means the City and Borough of Juneau.

        Council means the Assembly of the City and Borough.

      Federal Fair Housing Act means the Federal Fair Housing Act of 1988, published
March 6, 1991, including the Fair Housing Accessibilities Guidelines.

       Fire chief means the officer or other designated authority charged with the
administration and enforcement of the fire code under this title, or the fire chief's duly
authorized representative.

        Fire marshal means the fire chief or other person designated to enforce the fire
code.

       Health officer means the City and Borough of Juneau sanitarian or other person
authorized to enforce sanitation codes and regulations in the City and Borough.

         Historic building means a structure which has been placed on or nominated for
placement on the National Register of Historic Places; a contributing property within a
designated historic district which has been placed on or nominated for placement on the
National Register of Historic Places; a contributing property within a designated historic
district which has been recognized by the state or the City and Borough; a property which
has been declared architecturally significant by City and Borough historic building
surveys; a property which possesses characteristics of nationally or locally recognized
historic styles of architecture as determined by the historic district advisory committee; or
a locally designated or recognized historically significant structure.

        Home occupation means any activity carried out for gain by a resident, conducted
as an accessory use in the resident's dwelling unit, and meeting the following criteria:

                                             -71-                             Ord. 2009-16(b)
         1.     The use of a dwelling unit for the home occupation is clearly incidental and
subordinate to its use for residential purposes by its occupants, involves no employees,
and takes up no more than 25 percent of the floor area or 500 square feet, whichever is
less, in the dwelling;

       2.     The home occupation results in no change to the outside appearance of the
building and no other visible non-illuminated evidence of the conduct of such home
occupation other than one projecting facade-mounted sign one square foot or less in area;

        3.     The home occupation generates no traffic and requires no parking in excess
of that normally to be found in the neighborhood; and

       4.     No equipment or process is used which creates noise, vibration, glare,
fumes, odors or electrical interference off the site of the home occupation.

        ICC/ANSI A-117.1-2003 means the International Code Conference/American
National Standards Institute "Accessible and Usable Buildings And Facilities" guideline
for disabled access published in 2003.

      ICC Electrical Code means the applicable sections of the National Electrical Code.
The ICC Electrical Code is not adopted.

       International Energy Conservation Code means the applicable sections of chapters
3 and 11 of the International Residential Code. The International Energy Conservation
Code is not adopted.

      International Plumbing Code means the applicable sections of the Uniform
Plumbing Code. The International Plumbing Code is not adopted.

        International Private Sewage Disposal Code has no meaning in this code. The
International Private Sewage Disposal Code is not adopted.

        Lease line means the same as a property line on leased parcels of land for
determination of open space, allowable area, protection of openings and fire resistive
construction of buildings or structures. Tenant leases within a building or structure do not
constitute lease lines under this definition.

         Property line means a line as drawn on an as-built plot plan by a state registered
land surveyor which marks the demarcation between two properties as described in the
recorded legal descriptions of the properties. In cases of encroaching buildings or
structures, disputed property lines and buildings or structures built too close to property
lines, the building official may require a deed restriction be recorded or establish an

                                             -72-                            Ord. 2009-16(b)
assumed property line if, in the building official's opinion, a fire threat exists. One or both
of the buildings may be required to be upgraded in fire resistive construction and/or
protection of openings adjacent to such assumed property lines in compliance with
International Building Code Chapter 7 as determined by the building official and the fire
chief.

       Temporary building means a building or structure erected for a fixed period of
time and may be further categorized as follows:

               Caretaker facilities: Buildings used for human occupancy as a dwelling
               unit on a temporary basis by a caretaker to protect property or equipment
               during construction or a limited time event.

               Construction related: A temporary living, office, shop or storage building
               placed on a property after a building permit has been issued for
               construction of a new building on the same property or for another nearby
               construction project when the use of the temporary structure is directly
               related to the new construction activity to be removed upon completion of
               the construction project.

               Event related: Tents or reviewing stands and other structures intended to be
               set up for two weeks or less and to serve a special event such as a store
               opening, carnival, parade or similar short-term event.

               First phase buildings: Usually temporary office, warehouse or shop
               buildings which are scheduled to be replaced with permanent buildings
               within two years.

               Seasonal structures: Structures erected or setup for a portion of the year
               such as the tourist season, skiing season, etc., and then completely removed
               from the site by a specific date.




                                              -73-                            Ord. 2009-16(b)
Temporary fabric covered buildings: Typically used for boat covers, to protect
materials being stored, for repairs to boats or equipment, for weather protection at
special events and for temporary housing and bearing on the ground or another
structure.




                                     -74-                           Ord. 2009-16(b)