(Ord. 721, 2-8-2011)

(Ord. 721, 2-8-2011)

   A.   Title: Pursuant to Nevada Revised Statutes 278.570, et seq., this chapter shall be known as the BUILDING REGULATIONS ADMINISTRATIVE CODE OF THE CITY OF ELKO.

   All activities subject to regulation by this title shall be performed in conformity with the provisions of this chapter.

   Certain model building and construction codes, such as the International Building Code, International Residential Code, or other similar model codes, may be adopted by the City and incorporated by reference in the Elko City Code. Those model codes may contain cross-references to other model codes, some of which have been adopted by the City and some of which have not. However, only those model codes or parts thereof which have been expressly adopted by the City contain requirements incorporated into this title. No permit or certificate for matters subject to regulation by this title shall be required by the City unless the requirement is stated or incorporated by reference in this chapter.

   B.   Purpose: The purpose of this chapter is to set forth the requirements for the administration and enforcement of this title, to include the technical codes adopted by the City. This title contains design and construction regulations intended to safeguard life, health, property, and public welfare by regulating and controlling the permitting, design, construction, quality of materials, use and occupancy, location, and maintenance of buildings, structures, signs, building service equipment and other improvements to real property within the City.

   C.   Scope: This chapter provides the mechanism used by the City to regulate this title, to include the technical codes adopted by the City. This chapter regulates such matters as site preparation, construction, alteration, moving, enlargement, replacement, demolition, repair, use and occupancy of buildings, structures, signs, building service equipment and other improvements to real property. No permit or certificate for the performance or completion of work, or for the use or occupancy of a building, structure or building service equipment, shall be issued by the City except as provided in this chapter. Notwithstanding any other provision in this chapter, whenever the technical codes refer to an appendix, the appendix shall not apply unless specifically adopted by the City.

   D.   Adoption of Technical Codes: The following technical codes, together with any model codes therein adopted, are subject to the requirements of this chapter:

      1.   Building Code of the City of Elko: The Building Code of the City of Elko, set forth in Chapter 2 of this title, shall apply to all construction activities within the City, including the erection, enlargement, alteration, repair, movement, demolition, or change in occupancy of any building or structure, and the erection, installation, enlargement, alteration, repair, removal, conversion or replacement of any component, element, or portion of a building or structure within the City.

      2.   Residential Code of the City of Elko: The Residential Code of the City of Elko, set forth in Chapter 3 of this title shall apply to all construction activities within the City, including the erection, enlargement, alteration, repair, movement, demolition, or change in occupancy of any residential building or structure within the City and the erection, installation, enlargement, alteration, repair, removal, conversion, or replacement, of any component, element, or portion of a residential building or structure.

      3.   Mechanical Code of the City of Elko: The Mechanical Code of the City of Elko, set forth in Chapter 4 of this title, shall apply to all construction activities within the City, including the erection, enlargement, alteration, repair, movement, demolition or change in occupancy of any building or structure and the erection, installation, enlargement, alteration, repair, removal, conversion, or replacement of any component, element, or portion of a building or structure.

      4.   Plumbing Code of the City of Elko: The Plumbing Code of the City of Elko, set forth in Chapter 5 of this title, shall apply to all construction activities within the City, including the erection, enlargement, alteration, repair, movement, demolition, or change in occupancy of any building or structure and the erection, installation, enlargement, alteration, repair, removal, conversion, or replacement of any component, element, or portion of a building or structure.

      5.   Electrical Code of the City of Elko: The Electrical Code of the City of Elko, set forth in Chapter 6 of this title, applies to all construction activities within the City, including the erection, enlargement, alteration, repair, movement, demolition, or change in occupancy of any building or structure and to the erection, installation, enlargement, alteration, repair, removal, conversion, or replacement of any component, element, or portion of a building or structure.

      6.   Energy Conservation Code of the City of Elko: The Energy Conservation Code of the City of Elko, set forth in Chapter 7 of this title, applies to all construction of or the enlarging, altering, repairing, moving, demolishing, or changing the occupancy of a building or structure, and the erection, installation, enlargement, alteration, repair, removal, conversion or replacement of any component, element or portion of a building or structure within the City.

      7.   Existing Building Code of the City of Elko: The Existing Building Code of the City of Elko, set forth in Chapter 8 of this title, applies to all alterations, additions, repairs and changes of occupancy to buildings within the City.

      8.   Swimming Pool and Spa Code of the City of Elko: The Swimming Pool and Spa Code of the City of Elko, set forth in Chapter 11 of this title, applies to all construction, alterations and reconstruction of swimming pools and spas in the City.

   E.   Limitations on Temporary Certificates and Permits; Waivers: The City, to include the City Council and the building official, shall not issue any temporary or partial permit, temporary or partial Certificate of Occupancy, or temporary or partial Certificate of Completion, or waive any requirement contained in this title, unless specifically authorized by the Code.

(Ord. 820, 7-11-2017; amd. Ord. 906, 11-12-2025)

   A.   General:

      1.   In the event of a conflict between any provision contained in a technical code and any other provision of this title, or state or federal law, the other provision of this title, or state or federal law, shall prevail over the conflicting provision in the technical code. Where model codes adopted by reference in the technical codes conflict with this chapter, the provisions of this chapter shall control. There is a presumption that any matter regulated by this chapter is not regulated by a corresponding provision in a model code adopted by reference in this title.

      2.   In the event any provision of this title is held to be illegal or void by a court of competent jurisdiction, all other provisions in this title not thereby rendered illegal or void shall remain in full force and effect.

      3.   In the event different sections of this title contain conflicting requirements for the use of materials, methods of construction or other requirements, the most restrictive requirement shall control.

      4.   In the event of a conflict between a general requirement and a specific requirement, the specific requirement shall control.

      5.   The building official may consider manufacturer's instructions, specifications and recommendations in interpreting and applying the requirements of this title.

      6.   The context in which defined terms are used in this title shall not affect their defined meanings, nor shall the listing of defined terms with overlapping meanings reduce the scope of or otherwise affect the defined meanings of those listed terms.

   B.   Emergency Provisions: In the event of the declaration of a federal, state, or local emergency by a governmental entity with such authority, the building official may waive or augment the provisions of this title during the period of emergency to the extent needed to protect public safety.

   C.   Definitions: For purposes of this title, certain words, terms and phrases are defined as follows:

BUILDING, ACCESSORY, PERMANENT: A detached building attached to or set upon a permanent foundation and/or connected to utilities, such as a greenhouse, pole barn, garage, or other building designed to store household items and/or vehicles and that is usually built on-site.

DEFERRED SUBMITTAL: One (1) or more portions of the submittal documents that are not submitted at the time of the application, but which must be submitted to the building official between the time the permit is issued and the work described in those portions of the submittal documents commences.

PERMIT: An official document or certificate issued by the City which authorizes performance of specific work.

STORAGE RACK: A structure composed of two (2) or more upright frames, beams, and connectors for supporting materials in storage.

TOWNHOME: A single-family dwelling unit constructed in a group of two or more attached units completely independent of all other such units in the building by reason of separation therefrom by un-pierced party walls in which each unit extends from foundation to roof and with open space on at least two sides.

WORK: The construction, erection, installation, production, activity, manufacture, labor or operation that goes into the making of any improvement to or alteration of real property, to include buildings, structures and building service equipment systems.

(Ord. 859, 5-25-2021; amd. 906, 11-12-2025)

   A.   General: The building official shall have the following duties and powers:

      1.   Maintain public office hours necessary to efficiently administer the provisions of this title.

      2.   Enforce the provisions of this title, including the technical codes.

      3.   Prepare, sign and serve misdemeanor citations on persons accused of violating this title in accordance with the authorities granted under Nevada Revised Statutes 171.17751.

      4.   Render opinions concerning the interpretation and application of specific requirements contained in this title, including the technical codes; provided, in no event shall opinions expressed by the building official be binding on the City.

      5.   Review and comment on proposed projects and associated documents (to include plans, specifications, drawings and calculations) and provide general information about this Code, including the technical codes, for the purpose of facilitating compliance; provided, in no event shall the building official's opinions about proposed projects or associated documents be binding on the City, nor shall such opinions provide a basis for deviating from all applicable requirements of this title, including requirements set forth in the technical codes.

      6.   Examine submittal documents to determine whether they have the appropriate official stamps, seals, signatures and/or dates affixed thereto. In performing this examination, the building official may express an opinion as to whether submittal documents subject to the owner/builder or contractor exemption are properly attested to on the drawings and in the permit application.

      7.   Notify appropriate State boards, commissions, agencies and other authorities of suspected improper or illegal conduct by any person engaged in an activity regulated by this title, to include any registered or licensed professional, or other person performing professional services.

      8.   Notify licensing authorities of suspected professional incompetence, to include indications of professional incompetence due to excessive errors in submittal documents or incomplete, inaccurate or otherwise defective plans which have been rejected by the City at least three (3) times.

      9.   Issue permits pursuant to this title for construction and other work following approval of the submittal documents. The issuance of a permit shall not prevent the building official from requiring the correction of errors in the submittal documents.

      10.   Collect all applicable fees required by the City and issue receipts for the payment thereof in duplicate; provided, the duplicate copy of the receipt shall be retained by the City as a public record in accordance with Nevada law.

      11.   Transfer all fees collected to the proper department, agency or authority as required by law.

      12.   Conduct, require or direct any inspections provided for in this title.

      13.   Issue notices of violation and/or order the correction of work performed contrary to this title, to include work performed without a valid permit.

      14.   Issue appropriate orders directing the stoppage of work being performed in violation of this title.

      15.   Issue permanent Certificates of Occupancy for buildings or structures (including new or remodeled buildings or structures, additions and existing buildings or structures that have changed occupancy classification) which have been inspected and found to be in compliance with this title and all conditions required by the City.

      16.   Order any person to cease and desist the use or occupancy of any building or structure that is being used contrary to the provisions of this title, or which creates or constitutes an unsafe condition.

      17.   Initiate abatement proceedings to cause unsafe conditions to be mitigated or remediated, to include causing unsafe buildings and structures to be repaired, rehabilitated, demolished or otherwise removed in accordance with the City of Elko Nuisance Code.

      18.   Retain official records of documents received pursuant to this title in accordance with the Nevada Public Records Act, to include applications, plans, submittal documents, permits, certificates, fees, receipts, reports of inspections, notices and orders.

      19.   Delegate duties to other City employees within the City of Elko Building Department.

   B.   Approved Materials And Equipment: Materials, equipment and devices approved in a permit shall be utilized and installed in accordance with such permit.

   C.   Used Materials, Equipment And Devices: Used materials may be used in place of new materials if the used materials satisfy the requirements of the technical codes. Used equipment or devices which have been affixed to buildings or structures shall not be reused unless approved by the building official.

   D.   Waivers: Any applicant for a permit or approval under this title may obtain a waiver from the City Council, with or without conditions, from any requirement contained in the technical codes by demonstrating to the City Council: 1) that compliance is physically impractical or impossible under circumstances unique to that building, structure or property; 2) that by granting the waiver, the intent and purpose of the requirement to be waived will nonetheless be fulfilled; and 3) that the waiver will not adversely affect the health or safety of the public or persons entering upon or occupying the building, structure or property. Any request for a waiver pursuant to this paragraph shall be in writing and signed by the owner of the building, structure or property affected. Any waiver granted by the City Council pursuant to this paragraph shall be in writing and placed in the official records of the City and shall state any conditions upon which the waiver is granted, together with a deadline for satisfaction of each condition. The failure of the applicant to satisfy the conditions stated in the waiver by the indicated deadline(s) shall result in the automatic revocation of the waiver, together with any previously-issued permit or other approval dependent upon the waiver. Under no circumstances shall the building official waive any requirement contained in this title unless expressly authorized by this chapter.

   E.   Alternative Materials, Designs, Methods of Construction and Equipment: An applicant for a permit or other approval under this title may use a material, design, method of construction or piece of equipment not specifically allowed under this title, provided any such alternative shall first be approved by the building official and, further provided, the building official shall only approve the use of an alternative material, design or method of construction upon a determination that the proposed alternative fulfills the purpose of the applicable provision(s) of this title, is consistent with industry standards, and is at least equivalent in quality, strength, effectiveness, fire resistance, durability and safety to the corresponding requirement of this title. In evaluating a request from a person seeking the building official's approval for an alternative material, design, method of construction or piece of equipment, the building official may consider research reports and tests.

   F.   Quality of Design, Construction and Workmanship: The quality of the design, construction and workmanship of any work or other matter subject to regulation by this title shall conform to industry standards and shall meet or exceed the requirements of this title.

   G.   Code Enforcement Officer: The Code Enforcement Officer or other Enforcement Official(s) may perform certain duties of the building official to the extent authorized by the City Council.

(Ord. 820, 7-11-2017; amd. Ord. 906, 11-12-2025)

   A.   General Permit Requirements, Emergency Work and Temporary Permits:

      1.   General Permit Requirements: Except as otherwise specifically exempted in this chapter, any person who performs work, to include any person who constructs, enlarges, alters, repairs, moves, demolishes or changes the occupancy capacity of a building or structure, or who erects, installs, enlarges, alters, repairs, removes, converts or replaces any building service equipment system, or who causes any such work to be done, shall first make application to the building official and obtain the required permit.

      2.   Work Performed Without Permit, Increased Fee; Stop Work Order: If work on any activity regulated by this title is commenced before the required permit has been issued and obtained, the person performing the unpermitted work must immediately, upon receipt of a stop work order issued by the building official issued in accordance with Section 2-1-13, cease all work until the required permit has been issued and obtained. In addition to and without limiting any other fines or penalties issued or assessed pursuant to this chapter, in the event an applicant commences or authorizes the commencement of work without the required permit and is ordered by the City to stop work as a result, the applicant shall thereafter pay an amount equal to two (2) times the fee for the required permit before the permit may be issued.

   B.   Violations of Code Not Authorized by Permit; Authorities Not Waived: In no event shall the issuance of a permit constitute consent or authorization to violate any provision of the Code, nor shall the issuance of a permit constitute a waiver of any enforcement, regulatory or other authority held by a governmental entity.

   C.   Expiration of Permit; Extensions:

      1.   Permit Expiration: Except as otherwise specifically provided herein, every permit issued by the building official pursuant to this chapter shall automatically expire if the work authorized by the permit is not commenced within one hundred eighty (180) days from the date of issuance. The failure of a permittee to request an inspection from the date of the last inspection requested by the permittee or, if no inspection has been requested, one hundred eighty (180) days from the date the permit was issued, shall be deemed an abandonment of the work, whereupon the permit shall automatically expire.

      2.   Permit Extensions: The building official may, on a case-by-case basis, grant one (1) or more extensions of time to complete the work authorized by a permit; provided, only a single extension may be granted if, after the date the permit was issued, there have been any amendments to those portions of the technical codes that are applicable to the proposed work. Each extension shall be for a period of not more than one hundred eighty (180) days. To apply for an extension, the permittee must submit a permit extension request on a form supplied by the City prior to the expiration of the permit then in effect containing an explanation of why an extension is needed, describing the diligent efforts the permittee has made to complete the work prior to the expiration of the permit and verifying that no changes have been made to the work that was approved by the permit.

   D.   Suspension or Revocation: The building official may suspend work through the issuance of a stop work order or may revoke a permit: 1) if the permit was issued in error on the basis of false, misleading, incorrect, inaccurate or incomplete information; 2) if the work authorized by the permit is being conducted in an unsafe manner so as to create an unreasonable risk of imminent harm to people; or 3) if the work authorized by the permit fails to comply with applicable federal laws, state laws, to include all licensing requirements set forth in chapter 624 of the Nevada Revised Statutes, or the Code.

   E.   Placement of Permit: The permit or a copy of the permit shall be kept at the site of the work until completion of the work.

   F.   Persons to Whom Permits May Be Issued, Waivers, Penalties: A permit may be issued to a contractor or homeowner performing work, provided the following corresponding criteria are satisfied:

      1.   Permit Issued to Contractor: A permit may be issued to a contractor who performs the work, provided the contractor holds an appropriate State contractor's license with the correct classification and, if applicable, sub-classification, and a City business license.

      2.   Permit Issued to Homeowner: A permit may be issued to a homeowner for work on a single-family dwelling used exclusively by the homeowner for his or her occupancy, provided:

         a.   The homeowner has been granted an exemption to State contractor licensing requirements pursuant to Nevada Revised Statutes 624.031(4);

         b.   The homeowner is the owner of the real property on which the building or structure is to be built or improved;

         c.   The homeowner applies for and obtains the required permits for the installation of any equipment affixed to the building or structure;

         d.   The homeowner signs the application and the "owner/builder" statement pursuant to Nevada Revised Statutes 278.573 acknowledging the homeowner's responsibilities as the applicant to supervise the work and to comply with all applicable laws, ordinances, building codes and zoning regulations; and

         e.   The homeowner agrees, in writing, that the residential building or structure will not be leased or sold within one (1) year after the issuance of the Certificate of Occupancy or Certificate of Completion, whichever is later.

      3.   Partial Work Waiver: Prior to the issuance of a permit by the building official, the City Manager may, upon submission of a request for a partial work waiver by a person proposing to perform work requiring a permit under this title and for good cause shown, issue a partial work waiver allowing the commencement of the work. The application for partial work waiver shall describe the reason(s) why a partial work waiver is needed prior to issuance of the applicable permit, state the scope of work to be performed, state that the applicant has or will immediately apply for the permit required under this title and confirm that the applicant will, within ten (10) business days, correct any work performed under the partial work waiver that is determined by the building official to be in violation of this title or any approved plans. A partial work waiver issued under this section will specify the work that may be performed prior to the issuance of the required permit and will automatically expire within a specified number of business days from the date of issuance. If the person who is issued the partial work waiver fails to apply for a required permit or correct work as required by the building official to comply with the partial work waiver, the fee for the required permit shall automatically increase to an amount equal to two (2) times the fee for the required permit before the permit may be issued, together with any additional fees or penalties associated therewith. A person aggrieved by the City Manager's denial of a request for a partial work waiver may appeal the decision to the City Council in accordance with Section 2-1-11.

      4.   Correction Of Non-Permitted Work: In the event any work is performed without a permit that was, at the time the work was performed, required by this title, the building official may at any time thereafter issue a notice of correction to the owner of the property describing the violation, stating any conditions that must be satisfied prior to the issuance of the required permit, listing any documents that must be submitted and stating the deadline for correction of the non-permitted work. The foregoing notice of correction shall be served on the owner of the property without regard to whether the owner actually performed the work. The requirement to correct noncompliant work shall apply to the present owner of the property upon which the work was performed without regard to whether the violation existed at the time the owner acquired the property or whether the work was performed by a contractor or other third party.

   G.   Permit Exemptions: The following buildings, structures and other improvements to property are exempt from any permit requirements contained in this title:

      1.   Buildings and Structures: Except as otherwise provided in this subsection, no permit shall be required for the construction or installation of any of the following:

         a.   A single one-story non-permanentized accessory building used as a small greenhouse, garden shed, or other building designed to store garden tools, bicycles, holiday decorations, or similar items, so long as the floor area does not exceed two hundred (200) square feet and the building is not occupied as a dwelling unit, except as follows:

            (1)   Permits are required for the following:

               (A)   Any building or structure not in conformance with Section G.1.a above; or

               (B)   Any one-story detached accessory building located on any parcel used or zoned for any purpose other than residential.

         b.   Temporary storage sheds and offices for specific construction projects, including construction trailers on active construction projects.

         c.   Any fence not over six feet six inches (6'6") in height.

         d.   Fences not over four feet (4') in height measured from the bottom of the footing to the top of the fence constructed of block, brick, stone, rock or similar materials.

         e.   Fences supported by a retaining wall (see subsection G1f of this section) when the overall height is less than six feet six inches (6'6") from the bottom of the retaining wall footing to the top of the fence.

         f.   Retaining walls not over four feet (4') in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or tiered system, or impounding Class I, II or IIIA liquids.

         g.   Oil derricks.

         h.   Water tanks supported directly on grade if the capacity does not exceed five thousand (5,000) gallons and the ratio of height to diameter or width does not exceed two to one (2:1).

         i.   Platforms, decks and similar structures not more than thirty inches (30") measured vertically to the grade below at any point within thirty six inches (36") horizontally from any open edge and not permanently attached to any other structure. This applies only when built in conjunction with a structure that is classified as a Group R, Division 3 single-family or two-family dwelling.

         j.   Walks and driveways located not more than thirty inches (30") above grade, not over any basement or story below and not part of an accessible route or means of egress.

         k.   Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work.

         l.   Temporary structures, booths, sets, and scenery used for producing motion pictures, television shows, theater shows, stage shows and special events. These temporary uses may require permits under other codes, such as the International Fire Code or other adopted regulations or ordinances.

         m.   On-ground storable pools (as defined in the Swimming Pool and Spa Code) which are accessory to a single-family dwelling and in which the pool walls are entirely above the adjacent grade. Electrical and plumbing permits are required when any pool is permanently attached to electrical or plumbing services.

         n.   Portable spas that are accessory to a single-family dwelling if all heating and circulating equipment is integral to the manufactured product.

         o.   Swings and other playground equipment accessory to detached one- and two-family dwellings.

         p.   Window awnings in Group R-3 and U occupancies, if supported by an exterior wall that does not project more than fifty-four inches (54") from the exterior wall and do not require additional support. Awnings shall meet all setback requirements stated in the Zoning Code.

         q.   Non-fixed and movable fixtures, cases, racks, counters and partitions not over five feet nine inches (5'9") in height and not containing electrical branch circuits.

         Notwithstanding the foregoing exemptions, permits are required for the following:

            (1)   Storage racks over five feet nine inches (5'9") in height.

            (2)   Storage racks over eight feet (8') in height. As a condition precedent to the issuance of a permit, structural calculations shall be provided for all such storage racks.

            (3)   Storage racks over twelve feet (12') in height measured to the top of any materials placed on the storage racks. As a condition precedent to the issuance of a permit, structural calculations shall be provided and a Fire Department "high piled" permit shall be issued for the storage racks.

            (4)   Storage racks over six feet (6') in height which contain high hazard commodities require a Fire Department "high piled" permit, including, but not limited to, storage racks, storage pallet racks, movable shelf racks and stacker racks in commercial and industrial buildings.

         r.   Construction directly relating to the delivery of a utility service, built by a public utility company regulated by the Public Utilities Commission of Nevada or another State agency, or operating pursuant to a franchise or other agreement with the City. This exemption applies only to buildings, structures, or building service equipment systems directly used in utility generation or distribution and installed on recorded utility easements belonging to gas, power, telephone or other utility companies. This exemption does not apply to office buildings, grading, occupied support buildings or general site development.

         s.   Construction work on property owned by any governmental entity to the extent State law specifically prohibits the City from requiring a permit.

         t.   Improvements, such as traffic lights, streets, curbs, gutters, sidewalks, drainage facilities and bus stops, constructed on public property or in a public easement or right-of-way.

         u.   Minor repairs of interior or exterior lath or drywall, provided:

            (1)   No framing needs replacement or repair;

            (2)   The repaired area of lath or drywall does not exceed thirty (30) square feet in area; and

            (3)   The area of repair is not a fire-resistance-rated assembly comprised of more than one (1) layer of wall board on each side or any special material(s) necessary to maintain the required fire-resistance rating of the assembly (i.e., fire-stopping of penetrations).

         v.   Replacement of exterior or interior doors, hinges, hardware or decorative trim, provided the following conditions are met:

            (1)   The replacement door is of the same size and type;

            (2)   The replacement door does not require any modification to existing wall framing;

            (3)   The existing door is not a component of a fire-resistive rated construction element; and

            (4)   The existing door is not a required means of egress.

         w.   Replacement of exterior or interior window glazing, provided the following conditions are met:

            (1)   The replacement window glazing is of the same size, type and thickness;

            (2)   The replacement glazing does not require any modification to existing wall framing or window frames;

            (3)   The existing glazing is not a component of a fire-resistive rated construction element; and

            (4)   The existing glazing is not required to be safety-glazed.

         x.   Repair of less than thirty-two (32) square feet of stone or brick veneer if the damage is less than six feet (6') above the adjacent grade.

         y.   Work required to render a building or structure stable following damage from fire, wind, water, vehicle impact, or other causes and to clear the site of damaged materials to allow inspection to ascertain the scope of required repairs, when authorized by the building official.

         z.   Replacement of roof covering materials and re-roofing materials, other than tile roofing, so long as no structural components are repaired and no more than sixty-four (64) square feet of roof covering material is replaced.

      2.   Signs: No permit shall be required for any of the following work with respect to signs:

         a.   One (1) painted or printed non-illuminated sign per street address, placed on the exterior wall of a structure, not projecting out more than three inches (3") and not exceeding three (3) square feet in area.

         b.   Real estate signs, provided: 1) the signs are removed within seven (7) days of the sale, rental or lease of the property upon which the signs are placed; 2) the signs do not exceed thirty two (32) square feet in area; 3) the signs are not higher than eight feet (8') above the adjacent grade; 4) the signs are not illuminated; and 5) the signs are set back at least ten feet (10') from all property lines.

         c.   Government-owned signs for traffic control, direction to public facilities, regulatory notice, warning or any other public purpose.

         d.   The changing of movable parts of a sign that is designed to be changed in that manner.

         e.   The following maintenance activities: repainting, repositioning or recovering of display matter; exact or functionally equivalent replacement of flashers, lamps, bulbs, ballasts, neon tubing, starters, neon transformers, wires or computer components; and cleaning or changing a part, so long as there is no structural change to the sign.

         f.   Construction signs having an area forty-eight (48) square feet or less, or a height eight feet (8') or less above the adjacent grade, provided such signs are erected no more than sixty (60) days prior to construction, are confined to the site of construction, and are removed not more than thirty (30) days after the suspension or abandonment of work or completion of construction and prior to occupancy.

         g.   Political signs; provided, nothing herein shall be interpreted as a limitation on any requirement to remove a political sign under federal, state or local law.

      3.   Mechanical: No permit shall be required for the following mechanical work:

         a.   Portable heating appliances.

         b.   Portable ventilation appliances.

         c.   Portable cooling unit.

         d.   Portable evaporative cooler.

         e.   A closed system of steam, hot, or chilled water piping within heating or cooling equipment regulated by this title.

         f.   Replacement of any component part or assembly of an appliance that does not alter its original approval and complies with other applicable requirements of this title.

         g.   Refrigerating equipment that is part of the equipment for which a permit has been previously issued pursuant to this title.

         h.   A unit refrigerating system as defined in the Mechanical Code.

         i.   Replacement of compressors of the same rating.

      4.   Plumbing: No permit shall be required for the following plumbing work:

         a.   The stopping of leaks in drains, soil pipes, waste pipes, or vent pipes.

         b.   The clearing of stoppages, including the removal and reinstallation of water closets.

         c.   The repairing of leaks in pipes, valves, or fixtures, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes, or fixtures.

         d.   Work pertaining to fuel tanks, either buried or above ground that is regulated by the Fire Code or the State of Nevada.

         e.   Work pertaining to landscape water sprinkler systems, except for the backflow prevention device at the point of connection to any potable water supply.

         f.   Installation or replacement of water softeners where pre-plumbing for the softener has already been installed.

         g.   Replacement of plumbing fixtures in the same location with a similar fixture and materials, provided no work is done other than the replacement of the fixture, the tail piece and/or the trap, and further provided the work does not penetrate the fire-resistive rated construction, including a fire-resistive rated concrete slab.

      5.   Electrical: No permit shall be required for the following electrical work:

         a.   Minor repair work, including the replacement of lamps or the connection of approved portable motors or other portable appliances having an attachment plug end to be connected to an approved one hundred twenty (120) volt receptacle, when that cord or cable is permitted by the Electrical Code.

         b.   Installation of electrical equipment used solely for radio and television transmissions, but not to include equipment and wiring for a power supply or the installation of towers and antennas.

         c.   Repair or replacement of motors, transformers and controls within fixed approved appliances, provided replacements must be of the same type and rating, and in the same location.

         d.   Installation and removal of temporary decorative lighting.

         e.   Repair or replacement of current carrying parts of any switch, contactor or control device.

         f.   Replacement of attachment plug receptacles, but not replacement of an outlet box.

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

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

         i.   Taping or wrapping of joints and splices.

         j.   Removal of electrical wiring.

         k.   Installation of temporary wiring for experimental purposes in laboratories.

         l.   Installation of wiring for temporary theater, motion picture or television stage sets.

         m.   Electrical wiring, devices, appliances, apparatus or equipment operating at less than twenty-five (25) volts and not capable of supplying more than fifty (50) watts of energy.

         n.   Installation of low energy power, control and signal circuits of Classes II and III (as defined in the Electrical Code) that are not part of a fire warning system, control wiring for emergency power systems, or smoke control system.

         o.   Installation, alteration or repair of electrical wiring, apparatus or equipment, or the generation, transmission, distribution or metering of electrical energy or in the operation of signals or the transmission of intelligence by a public or private utility in the exercise of its function as a serving utility.

         p.   Installation of wiring outside of buildings and structures by licensed cable television, telephone, or buried cable installers.

         q.   Replacement of lighting fixtures in dwelling units (to include single-family, two-family and multifamily dwellings), guest rooms and guest suites.

      6.   Grading Permit Exemptions: No permit shall be required for the following grading and similar work:

         a.   Grading associated with agriculture within districts approved for agriculture.

         b.   Grading, excavating or filling cemetery graves.

         c.   Grading, excavating or filling refuse disposal sites controlled by other regulations.

         d.   Excavating for wells or trenches for utilities.

         e.   Mining, quarrying, excavating, processing or stockpiling rock, sand, gravel, aggregate or clay to the extent the activity is regulated by federal, state or other local governmental entities, provided such activities do not affect the lateral support of or significantly increase stresses in soil on adjoining properties.

         f.   Performing exploratory excavations.

      7.   Repairs:

         a.   Repairs Not Requiring Permit: No permit shall be required for the following ordinary repairs to buildings and structures:

            (1)   Replacement of lamps.

            (2)   Connection of approved portable electrical equipment to approved permanently installed receptacles.

         b.   Repairs Requiring Permit: Notwithstanding the foregoing exceptions, a permit shall be required for the following repairs:

            (1)   Addition to or removal, cutting away, rearrangement, modification or relocation of: a) any wall, partition or portion thereof; b) any structural beam or load bearing support; c) any required means of egress or d) parts of a building or structure affecting egress.

            (2)   Addition to, alteration of, replacement of or relocation of any standpipe; water supply; sewer, drainage, drain leader, gas, soil, waste, vent or similar piping; or

            (3)   Addition to, alteration of, replacement of or relocation of any electric wiring, mechanical system or other work creating a risk of an unsafe condition.

      8.   Other Laws: No exemption from the permitting requirements of this chapter shall be construed as authorization to engage in or refrain from any activity in violation of any other provision in this title, or any applicable federal, state or local law or ordinance, including City Code Title 3, Chapter 2 (General Zoning Code Ordinance). All exemptions from the permitting requirements of this chapter shall be strictly construed.

   H.   Emergency Work: Where emergency work must be performed without a permit, the permit application shall be submitted to the building official the next business day. Any emergency work performed before the permit is issued shall comply with the technical codes.

   I.   Manufactured Structures: The City does not regulate the installation of manufactured houses, commercial coaches, travel trailers or recreational vehicles. Notwithstanding the foregoing, permits are required for the installation of all permanent exterior footings, foundations and elements outside the exterior perimeter of any building or structure.

   J.   Application for Permit:

      1.   Any person required to obtain a permit pursuant to this title shall first file an application on a form furnished by the City, together with the following documents and other information:

         a.   A description of the land on which the proposed work is to be performed, to include the street address (if any) and the assessor's parcel number.

         b.   If the building or structure is occupied by a tenant, the tenant's name and contact phone number.

         c.   The property owner's name and contact phone number.

         d.   If the work is to be performed by a contractor, the contractor's name, address, contact telephone number, fax number, email address, State contractor's license number, State contractor's license type and City business license number.

         e.   If a design professional is involved in the work, the design professional's name, address, email address, contact phone number, and fax number.

         f.   The type of permit(s) requested.

         g.   A detailed description of the work for which the permit is requested.

         h.   An estimate or calculation of the cost to perform the proposed work, including materials and labor.

         i.   A description of the planned use or occupancy of the building or structure.

         j.   The occupant load of the building or structure.

         k.   The square footage of the building or structure.

         l.   A description of the type of construction that will be used to perform the work.

         m.   The signature and printed name of the applicant or the applicant's authorized agent.

         n.   A fully completed contractor contact list.

         o.   All submittal documents.

      2.   Applications (to include submittal documents and other required information) must be filed with the building official.

      3.   If the application and submittal documents satisfy the requirements of this title, upon payment of all applicable fees, the building official shall issue the permit to the applicant.

      4.   The permit, when issued, shall be for the work described in the application and no deviation shall be made from that work without the written approval of the building official, except as otherwise provided in this title.

   K.   Action on Application:

      1.   The building official will approve or reject applications submitted pursuant to this chapter within ninety (90) days. If the building official rejects an application, the building official will specify the reason(s) for the rejection.

      2.   A permit issued pursuant to this chapter shall only be for the work described in the application. Except as otherwise provided and subject to any other limitations or restrictions in this chapter, no work beyond the scope of the work described in application shall be performed unless revised submittal documents are submitted to and approved by the building official.

   L.   Contracting for Services: Nothing in this chapter shall prevent the City from contracting with third parties for plan review, engineering and other services related to reviewing and processing the application; provided, in no event shall the City delegate to a third party the authority to issue a permit or any other governmental function.

   M.   Expiration of Application; Extensions:

      1.   Application Expiration: In the event a person submits an incomplete application for any permit pursuant to this title, to include incomplete submittal documents, and thereafter fails to provide a complete application for a period of one hundred eighty (180) days after the date of filing the initial application, the application will thereupon automatically expire unless an extension has been granted in accordance with subsection M2 of this section.

      2.   Application Extension: Provided there have been no amendments to those portions of the technical code that are applicable to the proposed work since the date of the initial application, the building official may, on a case-by-case basis, grant one (1) or more extensions of time to submit a complete application. Each extension shall be for a period of not more than one hundred eighty (180) days. To apply for an extension, the applicant must submit a written statement prior to the expiration of the application then in effect containing an explanation of why an extension is needed and describing the diligent efforts the applicant has made to submit a complete application prior to its expiration.

(Ord. 859, 5-25-2021; amd. Ord. 906, 11-12-2025)

   A.   Purpose: To expedite the plan review and approval process, the building official may issue individual or multiple building permits to an applicant in advance for any number of buildings or structures (hereinafter "Multi-Use Permits"). Plans submitted in conjunction with the foregoing application shall be referred to as "Multi-Use Plans." Multi-Use Plans and Permits may be used at any time for future construction subject to the requirements of this section, so long as the Multi-Use Plans and Permits comply with the version of this title in effect at the time of construction.

   B.   Master Multi-Use Permit File:

      1.   Prior to issuing one or more Multi-Use Permits, an applicant must establish a Master Multi-Use Permit File with the Building Department in accordance with the following criteria and requirements.

         a.   The applicant must submit written authorization from the Design Professional to use the proposed Multi-Use Plans. Written authorization from the Design Professional is required for each lot or parcel of land for which a permit is requested by the applicant. The foregoing authorization must be stamped by the Design Professional; must indicate the date of authorization; must list the name of the applicant and the applicant's address; and, if applicable, must list each model designation and include all options for the building(s) and/or structure(s).

         b.   If applicable, the applicant must submit written authorization from all Specialty Contractors to use the proposed Multi-Use Plans. The applicant may not change Specialty Contractors. As used herein, the term "Special Contractor" shall mean a contractor with a Class C license issued in accordance with NAC 624.190 through 624.574.

      2.   The Multi-Use Plans must contain the following notation:

         Each Design Professional shall take such reasonable steps as are necessary to ensure that his or her drawings and specifications are not use for projects not contemplated at the time those drawings and specifications are completed (NAC 623.780). Pursuant to NRS 40.623, "Design Professional" means a person who holds a professional license or certificate issued pursuant to chapter 623, 623A or 625 of NRS, or is properly licensed to prepare drawings and specifications in accordance with NRS Chapter 624.

      3.   The Multi-Use Plans must include all options, orientations, alternative designs or variations (including mirrored or reverse plan sheets, the architectural floor plan, and plans showing the structural foundation, structural sheer wall, structural roof frame, truss layout, gas lines and electrical equipment locations) at the time of submittal to the City. All truss designs for all options are required at the time of submittal and may not be deferred or otherwise submitted at a later date. Any subsequent Material Change will require the submittal of new plans for a single-use permit.

      4.   The applicant shall submit one electronic set of plans which shall be dated, signed and sealed by a Design Professional. The plans shall include all information required under Nevada law and the Code for plan review criteria for buildings and structures. The applicant shall submit two paper sets of plans to the Building Department upon final approval of the electronic set of plans.

      5.   The applicant shall submit such additional information as the Building Official requests to ensure that the Multi-Use Plans are complete.

      6.   As used in this section, the term "Design Professional" means a person who holds a professional license or certificate issued pursuant to Chapter 623, 623A or 625 of NRS, or is properly licensed to prepare drawings and specifications in accordance with NRS Chapter 624 and provides proof thereof to the City upon request.

      7.   Once the Multi-Use Plan - including all options, alternative designs and variations - have been approved for inclusion in the Master Pre-Approved Permit File, the building official or his or her designee shall stamp each page thereby confirming the foregoing approval.

      8.   Multi-Use Plans for each model of a building or structure shall be updated each time this title is updated or as specified by the Design Professional of record to correct a design error. Separate fees, established by resolution of the City Council, shall be charged at each time Multi-Use Plans are reviewed and each time Multi-Use Permits are issued.

      9.   Any building or structure already approved and permitted under this section may not be altered or modified in a manner that requires a permit under this title unless a new permit is issued.

      10.   The building official may not issue a permit under this section unless the proposed plans for the proposed erection, construction, reconstruction, alteration, or use fully conform to the version of this title then in effect. If an owner, developer, or contractor intends to make a Material Change to a building or structure that both requires a permit under this title and is covered by a Multi-Use Permit, they must submit to the building official a complete, revised set of plans for the permitted building or structure, along with any required supporting documentation for the revision. The revised plans must be authorized in writing by the Design Professional. Approval by the building official and issuance of a new single-use permit is required before the changed building or structure may be constructed. The building official shall, in his or her discretion and to the extent reasonably practicable, incorporate any prior review and approval of plans submitted in relation to the Multi-Use Permit in the subsequent review and approval of revised plans and issuance of the single-use permit. It is the intent of the preceding sentence to eliminating duplication and expedite plan review and permit issuance to the extent reasonably practicable, so long as the plan review and issuance of the permit are consistent with and permitted under this title and NRS 278.610.

      11.   In no event shall a person construct or authorize or direct the construction of a building or structure prior to receive the proper permit issued by the building official. In the even of a violation of the foregoing requirement:

         a.   Any person who performs work on the project or who has the authority to direct or authorize the performance of work on the project shall, upon discovery of the violation, immediately report the violation to the building official.

         b.   In the event the person performing, direction or authorizing the unpermitted work is the owner or developer of the project, that person must thereupon immediately cause the termination of all work on the project that is authorized by the Multi-Use Permit.

         c.   Upon learning of the unpermitted Material Change from the Multi-Use Permit, the Building Official shall issue a stop work order meeting the requirements of Elko City Code section 2-1-13.

         d.   For purposes of this section, the term "Material Change" means a change to the work that requires the issuance of a new permit under this title or other applicable Code provisions. Work that is exempted from any permit requirements is described at Elko City subsection 2-1-4G. Changes that do not constitute "Material Changes" are typically minor aesthetic or cosmetic changes that have no impact on the structure itself, utility services or the site plan.

      12.   The building official shall process all submittals under this section on a first-come first-serve basis. Permit applications already on file with the City shall be processed before new submittals under this section.

      13.   All submittals under the section must comply with Code Section 2-1-5.

      14.   Notwithstanding any other provision contained in this chapter, a permit that has been issued under this Section 2-1-4A may not be modified at any time for any reason after it has been issued by the City.

(Ord. 906, 11-13-2025)

   A.   Purpose: The purpose of this section is to establish streamlined procedures for the issuance of over-the-counter (OTC) building permits for minor construction activities that meet predefined eligibility criteria. These provisions are intended to promote efficiency, reduce processing time, and ensure compliance with applicable technical codes while maintaining public safety and accountability.

   B.   Application: OTC permits may only be issued for construction projects that:

      1.   Are classified as minor alterations, repairs, or replacements; and

      2.   Do not require structural calculations, plan review, or zoning approval.

   C.   Eligible Project Types: The construction projects eligible for OTC permits are as follows:

      1.   Water heater replacement;

      2.   Window or door replacement (same size and location);

      3.   Roof covering replacement (non-structural);

      4.   Electrical service upgrades;

      5.   HVAC unit replacement; and

      6.   Minor plumbing repairs.

   D.   Ineligible Projects: Construction projects requiring any of the following are not eligible for OTC permits:

      1.   Work resulting in structural modifications;

      2.   Work that results in a change of occupancy classification;

      3.   Any work that results in the expansion of the footprint of a building or structure; and/or

      4.   Work requiring discretionary planning review or a public hearing.

   E.   Authority and Discretion: The building official has the discretion to require an OTC permit application to comply with standard permit review procedures upon determining that such additional review is necessary for public safety, compliance with this title, or administrative efficiency.

(Ord. 906, 11-12-2025)

   A.   Required Documents: All submittal documents shall be in electronic file format and submitted with each application.

   B.   Electronic File Submissions: Submittal documents that are filed electronically shall comply with the following requirements:

      1.   All digital files shall be submitted using only City-approved file transfer methods.

      2.   All digital documents shall be in searchable portable document format (PDF).

      3.   Security settings shall be set to allow reviewers to make redline/strikeout or tracked changes to, create notes and comments on, and insert and remove pages from digital documents.

      4.   All pages containing drawings, diagrams or other graphic representations (unless inserted into a page that primarily contains text) shall be oriented in landscape format and positioned so that the top of the page is at the top of the computer screen.

      5.   All pages shall be indexed and bookmarked. The index must indicate the sheet number, and corresponding title and description for each sheet.

      6.   The title block of each sheet shall include a three-inch (3") by three-inch (3") space for the placement of the building official's approval stamp. This space shall be provided at the same location on each plan sheet.

      7.   All plans (to include building plans) shall be fully dimensioned and drawn to an appropriate scale.

      8.   All text shall be in sans-serif font that is easily readable when set to print. Clarity shall be equivalent to or better than Arial, Gill Sans or Tahoma, with a minimum 10-point font size.

      9.   All PDF documents, including documents produced from scans, must be legible in both electronic and printed formats. Scanned documents must be scanned at a minimum of two hundred (200) dpi clarity.

      10.   Submittal packages must be compressed to the maximum extent practicable to reduce file size.

   C.   Electronic Stamps And Signatures: All submittal documents which must be sealed or stamped by a professional pursuant to Nevada law shall be submitted in final form and in accordance with all applicable professional licensing requirements.

   D.   Plans: To the extent required by law, all plans included in the submittal documents shall be prepared by a contractor, architect, engineer, registered interior designer or registered residential designer licensed to perform such work in the State of Nevada, or an owner/builder permitted to prepare plans pursuant to the exemption contained in Nevada Revised Statutes 624.031(4) or any other applicable statute.

   E.   Standards for Submittal Documents: The submittal documents shall be subject to the following standards:

      1.   Construction documents shall be dimensioned, drawn to scale (minimum 1/4 inch per foot), drawn on a material consistent with industry practices and of sufficient quality to permit repeated use and handling by City personnel throughout the work, and on sheets of uniform size.

      2.   The location, nature and extent of the work proposed shall be clearly indicated in the submittal documents, regardless of the type of work.

      3.   Submittal documents containing stamps or other markings indicating that the documents are not final, such as "preliminary", "for review only" and/or "not for construction", will be rejected by the building official.

      4.   Plans shall contain sufficient detail to determine compliance with the technical codes and the applicable submittal requirements checklist(s) during field inspections.

   F.   Design Professional in Responsible Charge: For any multidisciplinary projects submitted to the building official for review prior to issuance of any permit required under this title, all submittal documents shall first be reviewed and approved by a design professional in responsible charge. The term "multidisciplinary project" shall mean any project for which more than one (1) component must be prepared or approved by a professional with a different license required by the State of Nevada, such as a project requiring submittal documents prepared by both an architect and an engineer. The design professional in responsible charge must be a person who is licensed to review and approve the submittal documents. The design professional in responsible charge shall perform the following duties:

      1.   Act as point of contact for City staff, clients, contractors, developers, engineers, architects, registered interior designers, residential designers, landscape architects, government bodies and other project participants during the design phase.

      2.   Ensure that all elements of the submittal documents are mutually compatible and coordinated, and that the submittal documents are logical and comprehensive.

      3.   Verify that all elements of the design submitted are complete, and that all calculations and specifications are complete and accurately delineated on plans and related documents.

      4.   Act as the point of contact with the building official during the application review process and be responsible for filing proper applications and submittal documents.

      5.   Timely response to the building official's questions, requests for corrections or requests for additional information on any element of the design package.

      6.   Act as point of contact for communications between the building official and the design team following permit issuance, to include responding to any requests for changes, clarifications or additional information from the building official.

   G.   Change of Design Professional in Responsible Charge: The applicant or permittee shall promptly notify the building official in writing if a design professional in responsible charge is replaced or terminated, or is unable to continue to serve in that capacity.

   H.   Deferred Submittals: A request for a deferred submittal shall be submitted on a form supplied by the City. The deferred submittal request shall contain a statement of the reasons why that portion of the submittal documents cannot be provided prior to issuance of the permit and a statement by the design professional in responsible charge (if any) that the items requested for deferred submittal conform to the requirements of this title. Deferral of any portion of the submittal documents must be approved by the building official.

   I.   Stamping, Signing, Sealing and Dating of Submittal Documents:

      1.   Required Information: Where required by State law, submittal documents shall be stamped, signed, sealed and/or dated by the professional who prepared or certified them in accordance with all applicable statutes and regulations. In the event any submittal documents are submitted to the building official without the required professional stamps, signatures, seals and/or dates, all submittal documents for the proposed work will be rejected and returned to the applicant without approval.

      2.   Signature, Seal, Stamp, Date: Any plan, specification, report (including a technical or soils report), map, calculation, survey, record of survey or other document issued by a registered architect, engineer, surveyor or other professional licensed by the State of Nevada that is submitted to the City with the submittal documents must be signed, sealed, stamped and/or dated by him or her in the manner required by State law, to include any applicable regulations adopted by State licensing agencies. Notwithstanding the foregoing, every document issued by a person subject to a professional license shall contain: the signature of the licensed professional, the stamp or seal of the licensed professional, the date of signature and the expiration date of the applicable license held by the licensed professional.

      3.   Drawings Submitted by Licensed Contractor for Own Construction Activities: A licensed contractor who provides his or her own drawings for his or her own construction activities shall, in a prominent location on the front sheet of each set of drawings, state the contractor's name, license number, license classification, license limit and the name of person who prepared the drawings. The electronic signature of the responsible contractor shall accompany this information. In the case of electrical, plumbing, refrigeration and air conditioning, or fire protection work, the original or electronic signature shall be of the master or qualified employee.

      4.   Plans, Drawings or Specifications Prepared by Residential Owner/Builder: Any person who prepares plans, drawings or specifications for buildings or structures for his or her own private residential use shall, in a prominent location on the front sheet of each set of plans, drawings or specifications, state the name of the owner who prepared the plans.

      5.   Product Information: Product details, shop drawings, product descriptions and other product information prepared by manufacturers, suppliers or installers of specific products or systems may be included in the submittal documents and submitted in electronic format; provided, shop drawings shall be stamped, sealed, signed and dated by a design professional in accordance with NAC 625.610. Design professionals are responsible for the sufficiency of the content of product information included in the submittal documents.

      6.   Electronic Stamps, Seals, Signatures and Dates: Design professionals may submit stamps, seals, signatures and dates in electronic format, so long as the stamps, seals, signatures and dates satisfy all applicable requirements contained in NAC 625.610.

      7.   Landscape Architects: Landscape architects may use electronic stamps and seals on final, original drawings, provided: a) a handwritten or electronic signature shall be placed across the stamp or seal and b) the expiration date of the license of the landscape architect and the date signed shall be written below the stamp or seal.

   J.   Review and Approval or Rejection of Submittal Documents; Permits: The building official shall review, and approve or reject the submittal documents in accordance with the following procedure:

      1.   Rejection of Nonconforming Submittal Documents: Following review of the submittal documents, the building official shall reject any submittal documents that fails to materially satisfy the corresponding requirements of this title, to include requirements contained in the technical codes.

      2.   Approval of Submittal Documents: Upon approval of the submittal documents, the building official shall place the statement "reviewed for code compliance" on each page of the submittal documents.

      3.   Copies of Approved Submittal Documents: Following receipt of electronic copies of approved submittal documents and prior to the issuance of a permit under this title, the applicant shall provide two (2) physical hard copies of the stamped submittal documents to the Building Department. One set of approved physical hard copy submittal documents shall be returned to the permittee and shall be kept on the project site and remain accessible to the building official or their designee throughout construction and inspection.

      4.   Issuance of Permit Upon Approval of Application and Submittal Documents: Following review and approval of the application and submittal documents and payment of all applicable fees, and execution of the permit by the applicant and contractor (if applicable), the building official shall within ten (10) days issue the permit requested in the application.

   K.   Retention of Submittal Documents: After a permit is issued, the City shall retain one set of the approved submittal documents in both digital and physical hard copy formats.

   L.   Work to Comply With Permit and Applicable Code Requirements: All work subject to the permitting requirements of this chapter shall be performed in accordance with: 1) the permit and the approved submittal documents, unless a permit modification is approved by the building official in accordance with this chapter, and 2) all applicable provisions of this title, to include the technical codes.

   M.   Permit Modifications: Approved permits and/or submittal documents shall not be materially changed, modified, or altered without an approved permit modification. To apply for a permit modification, the permittee must submit a written request for permit modification prior to the expiration of the permit containing an explanation of why a modification is needed and providing a detailed description of the requested modification. Within ninety (90) calendar days of receipt of the request, the building official will approve or reject the request for permit modification based on the same criteria as are applicable to the approval or rejection of permits. If the building official rejects the request, the building official will specify the reason(s) for the rejection.

   N.   Revisions Identified on Modified Submittal Documents: Each revision to a submittal document approved through a permit modification shall be identified on the modified document with a corresponding delta symbol, letter or number; the date of the change; and the name or initials of the person making the change. Revisions of the same date shall have the same delta symbol, letter or number. Any revised portions of drawings shall be clouded in a manner that clearly indicates the location of the change and tagged with the corresponding delta symbol, letter or number.

   O.   Previously Issued Permits: Any permit issued under a previous version of this chapter shall not be modified or invalidated by the adoption of amended requirements, so long as the work authorized by the permit is diligently pursued within one hundred eighty (180) days of the date of the enactment of the amended requirements that would otherwise render the permit noncompliant.

   P.   Amended Submittal Documents: Work authorized by a permit shall be performed in accordance with the approved submittal documents. In the event of any changes during construction that are not in compliance with or reflected in the approved submittal documents, work shall be suspended and revised submittal documents (or portions thereof) shall be submitted to the building official by the design professional in responsible charge, for approval as an amended set of construction documents. Construction shall not continue in the areas affected by the changes nor shall those areas be covered or otherwise concealed from view until the revised submittal documents have been approved by the building official and additional plan review fees, if any, have been paid. "As built" documents will not be accepted in lieu of revised plans.

   Q.   Retention of Construction Documents: The City shall retain one (1) set of approved submittal documents for a period of not less than one hundred eighty (180) days from date of final completion of the work allowed under the permit, unless a longer retention period is required by State law.

(Ord. 820, 7-11-2017; amd. Ord. 906, 11-12-2025)

   A.   General: The building official may issue a permit for a temporary structure or temporary use of a structure, such as a tent or membrane structure, or a reviewing stand used in connection with a carnival or sporting event of limited duration. A permit for a temporary structure or use of a structure shall expire on the date stated in the permit, but in all cases no later than one hundred eighty (180) days from the date of issuance; provided, the building official may grant one (1) extension if the permittee demonstrates that the temporary structure or use of a structure is required for a longer period of time due to reasons beyond the control of the permittee.

   B.   Conformance: Temporary structures and uses of structures shall conform, without limitation, to the requirements of this title applicable to health and safety, to include structural strength, fire safety, means of egress, accessibility, light, ventilation, cleanliness and sanitation.

   C.   Termination of Approval: The building official may terminate a permit for a temporary structure or use of a structure upon determining that the temporary use or structure is in violation of the permit or this title, to include the technical codes.

(Ord. 820, 7-11-2017; amd. Ord. 906, 11-12-2025)

   A.   Payment of Fees: No permit, modification, amendment, renewal or approval under this title shall be valid until all associated fees, including fees for submittal document/plan reviews and any inspections, have been paid by or on behalf of the applicant to the City.

   B.   Calculation of Permit Fees: The City Council may, by resolution, establish separate fees (including system and unit fees) for the processing and the issuance of specific types of permits, such as mechanical, plumbing and electrical permits. To calculate permit fees for work not specifically established by resolution, the City Council shall, by resolution, establish a schedule of permit fees based on the value of the work subject to a permit, not to include the existing value of the real property upon which the work will be performed. Permit fees shall be based on valuation ranges. Additional fees may be established by resolution for such other related matters as permit renewals, modifications and amendments, and submittal document reviews. To assist in establishing permit fees, the City Council may, by resolution, adopt a schedule of valuation data, to include categories based on proposed uses (such as single-family residential, storage and commercial retail) and types of construction defined in the International Building Code (such as IA through VB), with each category corresponding to a specific fee amount.

   C.   Building Permit Valuations: Valuation data is only intended to assist in calculating permit fees that are not otherwise established for specific types of permits. If a permit fee is not specifically established by resolution, valuation data will be considered in calculating permit fees. Valuation data shall include relevant information contained in any schedule of permit fees adopted by the City Council, as well as overhead and profit, the value of finish work, painting, roofing, electrical work, plumbing, heating, air conditioning, elevators, fire suppression systems and other permanent fixtures and equipment. The valuation used to calculate the permit fee shall not include the existing value of the real property upon which the work will be performed. In the event the valuation shown on the application is lower than the valuation calculated by the building official, the building official shall increase the valuation on the application to reflect the corrected valuation calculated by the building official and promptly notify the applicant of the revised fee.

   D.   Plan Review Fees: In addition to any other fees required under this chapter, the City shall charge a plan review fee to compensate the City for resources expended in the review of plans and other submittal documents, including any amendments thereto.

      Except for projects limited to mechanical, plumbing or electrical work, when submittal documents are required prior to issuance of a permit, a plan review fee, equal to sixty-five percent (65%) of the permit fee, shall be paid at the time of filing the submittal documents with the City. The plan review fee includes the initial plan review and one (1) subsequent plan review in the event any corrections to the submittal documents are required. Additional plan review necessitated by further changes, additions or revisions to submittal documents will be charged to the applicant at an hourly rate and subject to any minimum charge established by resolution of the City Council. The City Council, may, by resolution, decrease plan review fees for master re-use plans.

   E.   Inspection Fees: In addition to any other fee required in connection with an application or permit, the City shall charge an inspection fee, established by resolution, for inspections and reinspections conducted pursuant to the title and adopted technical codes. Such fees may include, but are not limited to, initial inspection fees, reinspection fees assessed after a failed inspection, and any additional inspection fees necessary to verify compliance with this title. The schedule of inspection and reinspection fees shall be adopted and may be amended from time to time by resolution of the City Council.

   F.   Fee Refunds: Upon written application filed by the applicant or permittee not later than one hundred eighty (180) calendar days after the date the fee was paid, the building official may authorize the refunding of any fee imposed by this title which was erroneously paid to or collected by the City; provided:

      1.   A permit fee refund shall not exceed eighty percent (80%) of the fee if no work has been done under the corresponding permit;

      2.   A plan review fee refund shall not exceed eighty percent (80%) of the plan review fee if an application is withdrawn or canceled before the City has commenced reviewing the submittal documents; and

      3.   A plan review fee is non-refundable once the City commences reviewing the submittal documents.

(Ord. 820, 7-11-2017; amd. Ord. 906, 11-12-2025)

   A.   General: Work for which a permit is required shall be subject to inspection by the building official, and such work shall remain accessible and exposed for inspection until approved by the building official. In addition, certain types of work may be subject to successive inspections at predetermined phases as set forth in this title. Upon completion of a phase, the permittee shall not proceed with the work without the approval of the building official. It shall be the duty of the applicant or permittee to provide access to and means for proper inspection of the work by the building official. Neither an approval as a result of an inspection nor the issuance of a permit shall constitute approval of a violation of this title or any other provision of this title. Except as specifically provided in this title, the building official is not authorized to waive any requirement set forth in this title, the Code or any federal, state or local law, and any such waiver shall be void.

   B.   Subcontractor of Record: Prior to the first inspection by the building official, if construction plans have been prepared by a registered design professional or mechanical, electrical, or plumbing subcontractor, the subcontractor shall complete and submit to the Building Department a "Subcontractor of Record" document on a form supplied by the City containing the following information: date, permit number, work location and subcontractor's name; Nevada contractor's license number; City of Elko business license number; telephone number(s) and email address.

   C.   Right of Entry:

      1.   The building official may enter a building, structure or other property for the purposes set forth in subsection C2 of this section if, the building official complies with the requirements of this section.

      2.   The following constitute purposes for which the building official may enter a building, structure or other property pursuant to this section:

         a.   To inspect, observe, measure, sample, test or investigate the building, structure or other property in connection with the review of an application or permit;

         b.   To inspect, observe, measure, sample, test or investigate any condition relating to, or to operate, maintain, or repair any City utility or facility;

         c.   To inspect reported conditions related to compliance with this title;

         d.   To perform periodic inspections required by any provision of this title;

         e.   To assess compliance with any approval, application or permit;

         f.   To inspect or to otherwise enforce any provision of this title;

         g.   When cause exists to believe that a violation of this title was or is being committed; or

         h.   For any other reason required by this title.

      3.   The building official may enter any building, structure or other property during regular City business hours and at other reasonable times for the purposes set forth in this section, subject to the following:

         a.   If the building, structure or other property to be inspected is occupied, the building official shall present official City credentials, including photo identification, to the owner or other person having charge or control of the building, structure or other property, state the reason for the inspection and request entry.

         b.   If the building, structure or other property to be inspected is unoccupied, the building official shall make a reasonable effort to locate the owner or other person having charge or control of the building, structure or other property and request entry.

         c.   The building official may enter a building, structure or other property for any reason related to the building official's duties under this title if consent to the entry has been obtained from an owner or occupant of the property. Consent to enter buildings, structures or other property may be obtained by any means, including but not limited to written, facsimile, telephonic, email or in-person consent. In addition, a property owner's application for any permit or approval with respect to an activity in or on a building, structure or other property shall be deemed to be consent for the building official or his or her designee to enter the building, structure or other property to perform any inspections, measurements, sampling, or other action required to review and process the application; provided, that if the building official intends to enter a building or structure, the building official shall first contact the owner or occupant and arrange a mutually convenient time for the entry. The owner's or occupant's failure to consent to entry or to arrange a mutually convenient time for entry shall be grounds for the City to deny the application for the permit or approval for which the inspection is required.

         d.   If entry to a building, structure or other property is requested in accordance with this title and the requested entry is refused or if the building official is unable to obtain consent to the requested entry, the City shall have recourse to every remedy provided by law to secure entry, including but not limited to application to a court of competent jurisdiction for an administrative search warrant or other remedy.

         e.   Nothing in this title requires a City officer, official or employee to obtain the property owner's consent: 1) to an inspection that is conducted while the officer, official or employee remains on adjacent public property, such as a public right-of-way, or on other adjacent property, or 2) to enter property in which the City has a written easement, license or other property right for purposes authorized in the applicable instrument.

         f.   Notwithstanding any other provision in this section, whenever it appears to the City that conditions exist requiring immediate inspection or other action to prevent harm due to an imminent danger or emergency, a City officer, official or employee is authorized to enter in or upon any building, structure or other property, public or private to the extent permitted by law without first obtaining the owner's consent, or when any other circumstance exists making such entry lawful under the common law.

   D.   Inspection Access: In the event the building official is unable to inspect work subject to this title due to the presence of a covering, earth or any other material that obscures visibility, the applicant or permittee shall, at his or her own risk and expense, remove the material that obscures visibility, and the failure of the applicant or permittee to do so shall be grounds for denying or revoking the permit. An inspection may include the operation of any installed mechanical system, to include a life safety system.

   E.   Inspection Requests: The permittee shall submit a written or verbal inspection request to the building official in person, through the appropriate portal on the City of Elko website, by e-mail to the building official or by calling the building official during regular business hours. In making the request, the permittee shall identify the work or phase of work that is ready for inspection. An inspection request must be submitted by four o'clock (4:00) P.M. the day before the inspection is to take place. If a person submits an inspection request after the four o'clock (4:00) P.M. deadline, the inspection will be scheduled for two (2) business days after the request is submitted to the building official. The City Council may, by resolution, impose additional fees for expedited or same-day inspections. The building official will inspect the work or phase of work as soon as is reasonably practicable following the inspection request, depending upon the availability of personnel and resources. Nothing herein shall be interpreted as a guarantee that an inspection will take place on the date requested by the permittee.

   F.   Inspection Record Card, Permit, and Approved Plans: Work shall not commence until the applicant has obtained an inspection record card on a form provided by the City, the appropriate permit and approved submittal documents, all of which shall be present on the property where the work is performed and at a location readily accessible to the building official, until issuance of a final Certificate of Occupancy.

   G.   Inspection Results: Following an inspection by the building official, the building official will determine whether the work or phase of work has been completed in accordance with the requirements of this title. In the event the work or phase of work has been completed in accordance with the requirements of this title, the building official will authorize the permittee to proceed to the next phase of work or apply for a Certificate of Completion or Certificate of Occupancy, as appropriate. In the event the work or phase of work has not been completed in accordance with the requirements of this title, the building official will inform the permittee of the deficiencies in writing or through the appropriate portal on the City of Elko website. Upon correction of any deficiencies identified by the building official, the permittee shall leave the corrected work exposed in such a manner as to permit inspection and shall thereafter request an inspection of the corrected work.

   H.   Inspection of Phases and Verification of Compliance: The building official, upon receipt of an inspection request from a permittee, shall perform the following inspections (where applicable) and/or require the following verification of compliance with the submittal documents:

      1.   Footing and Foundation Inspection: A footing and foundation inspection after excavations for footings are complete and any required reinforcing steel, structural embeds, grounding electrodes, piping, and other integral materials and equipment are in place. For concrete foundations, any required forms shall be in place prior to inspection. Upon completion of the excavation of the footing and prior to the footing and foundation inspection, a Structure Placement Certificate on a form provided by the City, completed and signed by a registered design professional or the applicant stating that the structure is properly placed on the parcel as per the approved site plans, shall be submitted to the building official.

      2.   Concrete Slab and Under-Floor Inspection: A concrete slab and under-floor inspection after in-slab or under-floor reinforcing steel and building service equipment systems, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor.

      3.   Building Elevation Inspection: In special flood hazard areas, the elevations of the bottom floor, including crawl space and basement, the next higher floor, the attached garage floor, the lowest machinery or equipment serving the building or structure, the lowest adjacent grade and the highest adjacent grade shall be certified by an engineer, land surveyor or architect on a FEMA Elevation Certification. The completed certifications shall be submitted to the City of Elko Floodplain Manager for review and approval prior to the final inspection.

      4.   Frame Inspection: The following frame inspections will be performed:

         a.   Frame Inspection For Wood and Light Gauge Metal Construction: Frame inspections for wood and light gauge metal construction shall be performed after all roof sheathing and components of braced wall or shear systems, framing, fireblocking, bracing, windows, pipes, chimneys, vents, rough mechanical, rough plumbing, and rough electrical, are complete. All applicable truss calculations shall be submitted to the building official no less than two (2) weeks prior to submission of an inspection request for a frame inspection for wood and light gauge metal construction. The failure of a permittee to comply with the foregoing requirement may result in the delay of the requested inspection or the return of the inspection request to the permittee, at the discretion of the building official.

         b.   Frame Inspection for Concrete, Steel and Masonry Construction: Frame inspections for concrete, steel (other than light gauge metal) and masonry construction shall be performed after all structural elements required by the approved construction documents and this title (including the technical codes) are in place and structural connections completed. This inspection includes an examination of all reinforcing steel, structural steel, concrete, masonry, grout, mortar, and structural connections. All applicable truss calculations shall be submitted to the building official no less than two (2) weeks prior to submission of an inspection request for a frame inspection for concrete, steel and/or masonry construction. The failure of a permittee to comply with the foregoing requirement may result in the delay of the requested inspection or the return of the inspection request to the permittee, at the discretion of the building official.

         c.   Finished Floor Elevation Certificate: Upon completion of the lowest habitable finished floor, a Finished Floor Elevation Certificate, prepared and signed by a professional engineer or land surveyor licensed in accordance with Nevada Revised Statutes Chapter 625, the contractor or developer performing the work, or the applicant stating that the finished floor elevation is in compliance with the approved plans, shall be submitted to the building official.

      5.   Lath and Gypsum Board Inspection: Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished.

      6.   Fire and Smoke Resistant Penetrations: Protection of joints and penetrations in fire resistant rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved.

      7.   Energy Efficiency Inspections: Inspections shall be made to determine compliance with the City Energy Conservation Code and shall include, but not be limited to, inspections for: envelope insulation R-values, fenestration U-value, duct system R-value, and HVAC and water heating equipment efficiency.

      8.   Required Mechanical Inspections: The following mechanical inspections will be performed:

         a.   Mechanical Rough Inspection: A mechanical rough inspection will be performed after all HVAC and exhaust duct systems are installed, securely fastened and supported in place, and all fire and smoke dampers have been installed in accordance with the applicable manufacturer's requirements.

         b.   Mechanical Final Inspection: A mechanical final inspection will be performed after all HVAC equipment is in place, and ductwork, gas lines, freon lines and register grills have been installed.

      9.   Required Plumbing Inspections: The building official will perform the following plumbing inspections:

         a.   Sewer Inspection: A sewer inspection will be performed to the point of connection to the public sewer system or the furthest extend of the septic system, whichever is applicable, after all underground sewer piping is installed, including manholes and cleanouts. Sewer pipes shall be tested in the presence of the building official by filling them with water and determining whether they hold water from the lowest point to the highest point in the sewer pipes.

         b.   Water Line Inspection: The building official will perform a water line inspection to the point of connection with the public water system after all underground on-site water piping is installed. Water pipes shall be tested in accordance with the Elko Plumbing Code if joints or unions are installed in the water piping.

         c.   Plumbing Underground Inspection: A plumbing underground inspection will be performed of all underground drain, waste, vent and water piping within the boundaries of the exterior walls and foundation of the building or structure after it has been installed and tested.

         d.   Plumbing Rough Inspection: After all portions of the above-floor drain, waste, vent and water piping systems have been installed and tested, but while all pipes and other components of the plumbing are still exposed prior to covering, the building official will perform a plumbing rough inspection in accordance with this title (to include the technical codes) and the applicable manufacturer's specifications by running water through the system and making visual observations.

         e.   Plumbing Final Inspection: The building inspector will perform a plumbing final inspection after all fixtures are in place and connected to the drain, waste, vent and potable water systems.

      10.   Electrical Inspections: The building official will perform the following electrical inspections:

         a.   Site Electrical Inspection: A site electrical inspection of the electrical system shall be performed up to the point of connection to the public electric utility (if applicable) after all underground electrical conduit and associated devices are installed.

         b.   Ufer Ground (Concrete Encased Electrode) Inspection: A Ufer ground inspection shall be completed concurrently with the footing or foundation inspection (as applicable). The Ufer ground must comply with the Elko Electrical Code.

         c.   Underground Electrical Inspection: An underground electrical inspection shall be performed before the concrete slab and under-floor inspection. The underground electrical inspection must be performed after all in slab or under-floor building service equipment items are in place, but before any concrete is poured or floor sheathing is installed, including the subfloor.

         d.   Rough Electrical Inspection: A rough electrical inspection shall be performed concurrently with the frame inspection but after the initial installation of the electrical equipment and conduit or wiring.

         e.   Additional Electrical Inspections: Additional inspections of electrical installations to the extent such inspections are needed to determine compliance with this title, to include the technical codes.

         f.   Final Electrical Inspection: A final electrical inspection shall be performed upon completion of all work requiring any type of electrical inspection.

      11.   Pool/Spa Inspection:

         a.   Concrete Pools And Spas: The building official will perform the following inspections of concrete pools and spas:

            (1)   Initial Pool/Spa Inspection: An initial pool/spa inspection will be performed upon completion of excavation and installation (and stubbing out, where applicable) of reinforcing steel, shell bonding, piping, electrical conduit and light shells. Piping will be subjected to a pressure test in accordance with the Elko Swimming Pool and Spa Code.

            (2)   Pre-Plaster Pool/Spa Inspection: A pre-plaster pool/spa inspection will be performed when: a) all underground and rough inspections are completed and the associated work is approved, b) bonding is complete, c) plumbing is complete, d) the final plumbing inspection has been completed and the associated work has been approved, e) all electrical equipment has been installed and all electrical conductors have been terminated, f) all dead fronts have been labeled, g) the access barrier has been completed and h) for private pools and spas, all applicable safety requirements set forth in this title and the manufacturer's specifications, instructions and recommendations have been satisfied.

            (3)   Final Pool/Spa Inspection: A final pool/spa inspection will be performed following: a) the installation of all pool and site drainage, piping and other apparatus and b) completion of all electrical work; provided, the ground fault circuit interrupter or residual current device shall be accessible and operational at the time of the final pool/spa inspection. The pool/spa shall not be used until completion of the final pool/spa inspection and approval of all associated work.

         b.   Manufactured Pools And Spas: The building official will perform the following inspections of manufactured pools and spas:

            (1)   Initial Manufactured Pool/Spa Inspection: An initial manufactured pool/spa inspection will be performed upon: a) completion of excavation, b) placement of the pool/spa, c) completion of bonding, d) completion of the access barrier, e) installation of all plumbing and related piping (including gas piping, if applicable), and f) for private pools and spas, all applicable safety requirements set forth in this title and the manufacturer's specifications, instructions and recommendations have been satisfied. Piping will be subjected to a pressure test in accordance with the Elko Swimming Pool and Spa Code.

            (2)   Manufactured Pool/Spa Pre-Deck Inspection: A manufactured pool/spa pre-deck inspection will be performed after installation of deck reinforcing steel and before placing pavers, concrete or other material for the pool/spa deck. Prior to the pre-deck pool/spa inspection: a) all deck steel or wire mesh reinforcement must be installed and bonded, b) all geotechnical work must be completed in accordance with all applicable standards, to include geotechnical or engineering soils reports, c) all plumbing and electrical equipment, to including piping and conduit, must be installed, d) all conductors must be terminated, and e) all dead fronts must be labeled.

            (3)   Manufactured Pool/Spa Final Inspection: A manufactured pool/spa final inspection will be performed after: a) completion of all pool/spa and site drainage work, b) completion of all electrical work and c) all other required inspections have been completed and approved by the building official. The ground fault circuit interrupter shall be accessible and operational at the time of the final manufactured pool/spa final inspection. The pool/spa shall not be used until a final inspection has been completed and approved by the building official.

      12.   Other Inspections: In addition to the inspections specified above, the building official is authorized to make or require other inspections of any work to ascertain compliance with the provisions of this title and other laws that are enforced by the building official.

      13.   Special Inspections: For special inspections, refer to the Elko Building Code including any technical codes incorporated therein by reference.

      14.   Final Inspection: The final inspection shall be conducted after all work required by the permit is completed in accordance with all applicable requirements of this title, to include the technical codes, and a drainage compliance report (if applicable) has been approved by the building official.

      15.   Approved Inspection Agencies: The building official may, in the building official's discretion, accept inspection reports prepared by approved inspection agencies; provided, prior to acceptance of any inspection report, the inspector or the company that employs the inspector, as appropriate, must be approved by the building official. In determining whether to approve an inspector or a company that employs an inspector, the building official will consider whether the person or company is qualified, properly licensed and responsible. The building official may require the inspector or employing company to submit the information needed to make an approval decision on a form supplied by the City.

      16.   Re-Inspections:

         a.   Re-Inspection Fee: A re-inspection fee established by resolution will be charged for each inspection or re-inspection of work pursuant to a schedule adopted by the City Council if any one (1) of the following conditions occurs:

            (1)   Work is not completed at the time of a scheduled inspection, necessitating a re-inspection;

            (2)   Corrections identified in a previous inspection are not completed at the time of a re-inspection;

            (3)   The inspection record card, permit, or approved plans are not available on-site at the time of a scheduled inspection, necessitating a re-inspection;

            (4)   Access to work is not provided or is restricted at the time of a scheduled inspection, necessitating a re-inspection;

            (5)   Work for which inspection has been requested has been covered and is therefore not visible at the time of the inspection, necessitating a re-inspection; or

            (6)   Work which requires inspection prior to the scheduled inspection was not approved by the time of the scheduled inspection.

      Except as otherwise provided above, there shall be no fee charged for a re-inspection.

         b.   Requesting a Re-Inspection: If an inspection fails, the permittee must request a re-inspection for the specific work covered by the permit. Any applicable re-inspection fee shall be paid in accordance with the fee schedule established by resolution before the re-inspection is conducted.

(Ord. 820, 7-11-2017; amd. Ord. 906, 11-12-2025)

   A.   Use and Occupancy:

      1.   General Requirements: No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has approved the building or structure for use or occupancy by means of a Certification of Occupancy. A Certificate of Occupancy does not approve or waive a violation of any provision of the Code. A Certificate of Occupancy creates no warranty or guarantee, either expressed or implied. A final inspection shall be equivalent to a Certificate of Occupancy for any building classified in Occupancy Group U. A Certificate of Completion may be issued for a building or structure which is constructed as a "shell" and not intended for occupancy until a Certificate of Occupancy is issued.

      2.   Suspension or Revocation: The building official may temporarily suspend or permanently revoke a Certificate of Occupancy or a Certificate of Completion issued under the provisions of this title whenever the certificate is issued in error, or on the basis of incorrect information supplied, or when written conditions are not completed within the required time, or when the building or structure or portion thereof is in violation of the Code.

      3.   Use and Occupancy of Existing Buildings and Structures: Notwithstanding any other provision contained in this title, the owner or occupant of any building or structure, or any portion thereof, which was constructed and thereafter used or occupied in compliance with the version of this title then in effect, but which was thereafter rendered noncompliant by reason of an amendment to this title, shall not be required to obtain a Certificate of Occupancy to continue the use or occupancy to which the building or structure, or portion thereof, was placed at the time of adoption of the amendment to this title rendering it noncompliant; provided, in the event the use or occupancy is thereafter discontinued or abandoned for a period of twelve (12) months or more, a Certificate of Occupancy certifying compliance with the current requirements of this title shall be required for any subsequent use or occupancy.

   B.   Certificate Issued:

      1.   If, after a final inspection, the building official determines that all applicable requirements of this title have been satisfied, the building official shall thereupon issue a Certificate of Completion if the building or structure may not be used or occupied or a Certificate of Occupancy if the building or structure may be used or occupied. The Certificate of Completion or Certificate of Occupancy shall contain the following information:

         a.   The permit number.

         b.   The address of the building or structure.

         c.   The name and address of the owner of the building or structure.

         d.   The name and address of the owner of the real property upon which the building or structure is located (if different).

         e.   A description of that portion of the building or structure for which the certificate is issued.

         f.   A statement that the described portion of the building or structure has been inspected for compliance with the requirements of this title for the proposed use and/or occupancy.

         g.   The name and signature of the building official.

         h.   The edition(s) of the applicable technical or model code(s) under which the permit was issued.

         i.   A description of the permitted use and/or occupancy (if applicable).

         j.   A description of the type of construction.

         k.   The design occupant load (if applicable).

         l.   The date of issuance of the certificate.

         m.   The floor area of the building or structure indicated in square feet.

         n.   The zoning district as shown on the City of Elko Zoning Map.

   C.   Penalties for Noncompliance: In the event an owner of real property occupies or authorizes the occupancy of a building or structure without a Certificate of Occupancy having been issued in accordance with this Section 2-1-9, the owner of real property shall be subject to all penalties for violations of this title set forth in Section 2-1-12.

   D.   Water Service: To mitigate the health and safety risks inherent in utilizing plumbing that has not been inspected and approved by the City in accordance with this title, the City shall not provide water service to any building or structure that has not received a Certificate of Occupancy in accordance with this Section 2-1-9.

(Ord. 820, 7-11-2017; amd. Ord. 906, 11-12-2025)

   A.   Permanent Connection of Service Utilities: No person shall permanently connect or reconnect any water, sewer, electrical or gas utility, or source of energy, fuel or power to any building, structure or building service equipment system, or any system connected to a building, structure or building service equipment system that is regulated by this title, without the prior written approval of the building official. No such connection or reconnection to a source of energy, fuel or power shall be permitted if the use will likely result in an unsafe condition or imminent danger.

   B.   Temporary Connection: Upon written request, the building official may authorize the temporary connection of a building or structure, or a building service equipment system connected to a building or structure to a utility that provides a source of energy, fuel or power for a period not to exceed ninety (90) days. No such temporary connection to a source of energy, fuel or power shall be permitted if the use will likely result in an unsafe condition or imminent danger.

   C.   Authority to Order Disconnection of Utilities and Other Energy Sources:

      1.   Imminent Danger:

         a.   Scope of Authority: The building official may order the disconnection of any utility service or energy supplied to any building, structure or building service equipment system regulated by this title in the event the building official determines such disconnection is needed to eliminate or mitigate an imminent danger.

         b.   Duration: A disconnection order issued because of an imminent danger shall be for only such period as the risk of imminent danger remains.

         c.   Notice: The building official shall, as soon as reasonably practicable: 1) use any reasonable means of communication to notify the serving utility, the owner and the occupant of the building, structure or building service equipment system of a decision to order a disconnection due to an imminent danger, and 2) post an appropriate placard warning of the imminent danger at or near the entrance of the affected building or structure.

         d.   Posting at Entrance of Building or Structure: Notwithstanding any other provision in this chapter, if the building official is unable to notify the owner or occupant of an order issued pursuant to this subsection, posting a placard in a visible location at or near the entrance of the affected building or structure shall satisfy the notice requirements of this subsection.

         e.   Appeal: Any person aggrieved by a disconnection due to an imminent danger shall have the right to immediately appeal the decision of the building official to the City Manager or the City Manager's designee, which appeal may be communicated to the City Manager or the City Manager's designee in writing, verbally, by electronic mail or by telephone. The City Manager or the City Manager's designee, upon receiving actual knowledge of the appeal from the person aggrieved and the grounds therefor may affirm, modify or reverse the decision of the building official. An aggrieved person may only appeal a disconnection order of the building official pursuant to this subsection while the disconnection order is in effect; provided, nothing herein shall in any way limit an aggrieved person's right to appeal a decision of the building official pursuant to any other applicable provision of this title.

      2.   Unsafe Condition:

         a.   Scope of Authority: The building official may order the disconnection of any utility service to a building, structure or building service equipment system if the connection has not been approved in the manner required by this title or is otherwise in actual violation of this title, or if the connection creates an unsafe condition.

         b.   Connections Prohibited by Order to Disconnect: No person shall connect or reconnect a building, structure or building service equipment system to any public utility or energy supply if prohibited by a disconnection order issued by the building official pursuant to this subsection without prior authorization from the building official.

         c.   Notification:

            (1)   Order to Disconnect: If a utility service or energy supply to a building, structure or building service equipment system must be disconnected due to an immediate hazard in accordance with this section, a disconnection order and basis therefor shall be provided as soon as reasonably practicable to the serving utility, the owner of such building, structure, or building service equipment system and any occupants of the building or structure as soon as reasonably practicable. Except as otherwise provided herein, whenever the building official issues a disconnection order pursuant to this subsection, the order shall be in writing and directed to the owner of the affected building, structure or building service equipment system, and any occupants of the building or structure by:

               (A)   Personal service or certified mail, return receipt requested; and

               (B)   Posting a placard at or near the entrance of the affected building or structure.

            (2)   Posting at Entrance of Building or Structure: Notwithstanding any other provision in this chapter, if the building official is unable to notify the owner or occupant of a disconnection order by personal service or certified mail, posting a placard in a visible location at or near the entrance of the affected building or structure shall satisfy the notice requirements of this subsection.

         d.   Contents of Order: Any order issued by the building official pursuant to this subsection due to an unsafe condition shall contain, at a minimum, the following information:

            (1)   The street address and a location description sufficient for identification of the real property upon which the building, structure or building service equipment system is located;

            (2)   A statement identifying the specific provisions of this title being violated and explaining the reason for the notice and/or order; and

            (3)   A directive ordering the person in violation make the repairs, improvements or other corrections required to bring the building, structure or building service equipment system into compliance with the applicable provisions of this title within a specified period of time.

         e.   Cessation of Use or Occupancy: The building official may order the owner or occupant of a building or structure to cease use or occupancy based on an unsafe condition until the unsafe condition no longer presents a threat to human health or safety.

(Ord. 820, 7-11-2017; amd. Ord. 906, 11-12-2025)

   A.   Notice of Appeal: Any person aggrieved by a decision of the building official or the City Manager made pursuant to or in relation to matters subject to this title may appeal the building official's or the City Manager's decision by filing a notice of appeal with the City Clerk within thirty (30) days of receiving notice of the decision. The notice of appeal shall contain the following information: the name of the appellant, the address of the property to which the decision relates, the date on which the appellant was notified of the decision, a summary of the decision being appealed and a statement of reason why the decision is being appealed. The failure of the aggrieved person to file a notice of appeal in the manner stated in this section shall result in a waiver of the aggrieved person's right to appeal. The filing of a notice of appeal shall not stay the action of the building official or the decision of the City Manager pending the outcome of the appeal.

   B.   Investigation by City Council: Following the filing of a notice of appeal, the City Council may, in its discretion, appoint a committee of the City Council or an independent hearing officer to investigate the notice of appeal, report findings of fact and make a recommendation for disposition to the City Council.

   C.   Hearing Before City Council: The City Council shall conduct a hearing on the appeal within forty-five (45) calendar days from the date the notice of appeal is filed with the City Clerk. The hearing shall be open to the public and shall be conducted in accordance with the procedures set forth in this section.

   D.   Hearing Procedures: The procedures pursuant to which the City Council shall hear an appeal pursuant to this section are as follows:

      1.   The appellant shall first describe the decision being challenged, state the grounds for the appeal and present a summary of the appellant's argument.

      2.   The appellant may then testify, submit documents and/or call witnesses in support of the appeal.

      3.   The City shall then state the grounds for opposing the appeal.

      4.   The City may submit documents and/or call witnesses in opposition to the appeal.

      5.   The appellant may then present a rebuttal argument, witnesses and/or documents. The failure of an appellant to provide argument, witnesses and/or documents on rebuttal shall not be considered by the City Council in deciding the appeal.

      6.   The appellant and the City, respectively, may present closing arguments.

      7.   Appellant and the City are entitled to be represented by counsel, and present testimony, evidence and argument on all issues raised on appeal.

      8.   The City Council may, if it appears helpful to a clear understanding of the issues, consider matters not raised at the hearing.

      9.   All testimony by the appellant and the parties' witnesses shall be under oath.

      10.   The rules of evidence shall not apply.

      11.   The Mayor or Mayor Pro Tem may limit testimony or other proffered evidence that is duplicative, unnecessarily argumentative or not reasonably related to the matter being appealed.

      12.   The Mayor or Mayor Pro Tem may terminate the hearing upon finding that sufficient testimony, documents and arguments have been presented to enable the City Council to fully deliberate and decide the appeal; provided, the Mayor or Mayor Pro Tem shall first request from the appellant a summary of all remaining matters he or she intends to present at the hearing.

   E.   Decision by City Council: At the conclusion of the hearing, the City Council shall make a final decision that is consistent with the requirements of this title (to include the technical codes) to affirm, deny, condition or modify the decision of the building official or the City Manager, and shall within thirty (30) calendar days thereafter file a notice of decision with the City Clerk stating the decision.

   F.   Judicial Review: Any person who has appealed a decision to the City Council in accordance with this section and is aggrieved by the decision of the City Council may appeal that decision to the Fourth Judicial District Court in and for the County of Elko, State of Nevada, by filing with that court a petition for judicial review within twenty-five (25) calendar days from the date the notice of decision is filed with the City Clerk.

(Ord. 820, 7-11-2017; amd. Ord. 906, 11-12-2025)

   A.   Unlawful Acts: It shall be unlawful for any person to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or other improvement to real property regulated by this title, or cause same to be done, in conflict with or in violation of any provision in this title.

   B.   Notice of Violation: The building official may issue a notice of violation to any person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition, use or occupancy of a building, structure, building service equipment system or other improvement in violation of the provisions of this title, or in violation of a permit or certificate issued pursuant to this title. The notice of violation shall: 1) order the person responsible to communicate to the building official a plan to eliminate the violation within a specified period of time and 2) order the person to cease and abate the violation within a specified period of time. In the event the violation results in an unsafe condition or imminent danger, the building official may order the person upon whom the person to whom the notice of violation was issued to discontinue the use and/or occupancy until the unsafe condition or imminent danger has been eliminated.

   C.   Service of Notice: Except as otherwise provided herein, whenever the building official issues a notice of violation pursuant to this section, the notice of violation shall be directed to the owner of the affected building, structure, building service equipment system or other improvement, and (if applicable) the occupant of the building or structure by:

      1.   Personal service or certified mail, return receipt requested and posting a placard at or near the entrance of the affected building or structure.

      2.   If the building official is unable to notify the owner or occupant of a notice of violation by personal service or certified mail, return receipt requested, after attempting to effect notice in both such manners, posting a placard in a visible location at or near the entrance of the affected building, structure or, if there is no building or structure, in a visible location on the real property containing the improvement, shall satisfy the notice requirements of this section.

   D.   Contents of Order: Any notice of violation issued by the building official pursuant to this section shall be in writing and contain, at a minimum, the following information:

      1.   The street address and a legal description sufficient for identification of the real property upon which the building, structure, building service equipment system or other improvement is located;

      2.   A statement identifying the specific provisions of this title being violated and explaining the reason for the notice of violation; and

      3.   A directive ordering the person in violation make the repairs, improvements or other corrections required to bring the building, structure, building service equipment system or other improvement into compliance with the applicable provisions of this title or the permit or certificate issued pursuant to this title within a specified period of time consistent with this section.

   E.   Violation; Penalties: Failure to comply with any requirement of this title, shall be punishable as a misdemeanor as provided in Title 1, Chapter 3 of the Code.

   F.   Equitable Relief: Notwithstanding any other provision contained in this title, the City may seek equitable relief in a court of competent jurisdiction to the extent necessary to prevent or remedy any violation of this title (including unsafe conditions or imminent dangers) or to enforce any order issued by the building official pursuant to this title, to include a notice of violation issued pursuant to this section.

(Ord. 820, 7-11-2017; amd. Ord. 906, 11-12-2025)

   A.   Authority: In the event the building official determines that work regulated by this title is being performed in a manner that is contrary to the provisions of this title or that creates an unsafe condition or imminent danger, the building official may issue a stop work order.

   B.   Issuance: Notification of a stop work order shall be given to the owner of the property upon which the work is being performed, the property owner's agent, or the person(s) performing the work. The stop work order shall: 1) state the reason for issuing the stop work order; 2) state the conditions under which the work will be permitted to resume; 3) be in writing; and 4) be posted on the property upon which the work is being performed. Upon issuance, notice and posting of a stop work order, the work described in the stop work order shall immediately cease.

   C.   Penalties For Violation of Stop Work Order: Any person who continues to perform any work after having been directed to cease performing the work with a stop work order shall be subject to penalties and be punished as provided in Title 1, Chapter 3 of the Code. Each calendar day or portion thereof during which work proceeds in violation of a stop work order shall be deemed to constitute a separate offense and, upon conviction thereof, shall be punishable as provided in Title 1, Chapter 3 of the Code.

   D.   Removal or Repair of Building Service Equipment System That Create Unsafe Conditions:

      1.   In the event the building official determines that a building service equipment system regulated by the technical codes creates an unsafe condition, the building official shall issue a written order to the owner thereof directing that such building service equipment system must either be removed, or repaired or modified within a specified time in such a manner that it no longer creates an unsafe condition. No person shall use or operate a building service equipment system that is described in an order issued pursuant to this section until the building official issues a written determination that the building service equipment system no longer creates an unsafe condition. Any person who disconnects a building service equipment system from a utility shall notify the utility, the owner of the building or structure, and all occupants of the building or structure at least twenty-four (24) hours prior to the disconnection.

      2.   In the event a building service equipment system is used or operated in violation of an order issued pursuant to this section, the City may seek equitable relief in a court of competent jurisdiction to abate the unsafe condition described in the order. The foregoing equitable relief is without prejudice to any other remedy available to the City.

      3.   Any person who shall knowingly occupy or use any building or structure in violation of any order issued by the building official pursuant to this section shall be subject to penalties and be punished as provided in Title 1, Chapter 3 of the Code. Each calendar day or portion thereof during which use or operation of the building service equipment systems continues in violation of an order issued by the building official shall be deemed to constitute a separate offense and, upon conviction thereof, shall be punishable as provided in Title 1, Chapter 3 of the Code.

(Ord. 820, 7-11-2017; amd. Ord. 906, 11-12-2025)

   A.   Description of Unsafe Conditions With Respect to Buildings, Structures, Manmade Earthen Features, Building Service Equipment Systems, Building Appendages, Uses and Occupancies: Buildings, structures, manmade earthen features, building service equipment systems, building appendages, and uses and occupies thereof which are regulated by this title and which endanger human safety or health, the environment, or property are unsafe conditions. A building, structure, manmade earthen feature, building service equipment system, or building appendage may constitute an unsafe condition because it is structurally inadequate, is geotechnically unstable, has inadequate egress, creates a fire hazard, or threatens the City stormwater and/or sewer system. A building service equipment system regulated by this title which constitutes a fire or electrical hazard, or is otherwise dangerous to human safety or health is, for the purpose of this title, also considered an unsafe condition. Any use or occupancy of buildings, structures or building service equipment systems endangering the safety or health of any person or the public by reason of inadequate maintenance, the presence of a nuisance pursuant to Title 5, Chapter 1 of the Code, lack of adequate utilities (including utilities that have been shut off due to nonpayment), accumulation of solid or hazardous waste, biological contamination (including toxic mold and fungi), dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this title, an unsafe condition. 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 or structure and which are in deteriorated condition or otherwise unable or reasonably unlikely to sustain the design loads which are specified in this title are hereby considered to be unsafe conditions.

   B.   Specific Unsafe Conditions With Respect to Buildings and Structures: Any building or structure that has any or all of the conditions or defects described below shall be considered an unsafe condition:

      1.   Any door, aisle, passageway, stairway, exit or other means of egress does not conform to this title, to include the standards set forth in the technical codes.

      2.   The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress.

      3.   Any portion of a building or structure has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or any other cause to such an extent that it is reasonably likely to partially or completely collapse, or to become detached or dislodged.

      4.   Any portion of a building or structure, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads of one and one-half (1½) the original designed value.

      5.   The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, or for any other reason, is reasonably likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is reasonably likely to fail or give way.

      6.   The building or structure, or any portion thereof, is visibly unsafe for use or occupancy.

      7.   The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure and thus place themselves in danger; or it becomes a harbor for vagrants or criminals; or it enables persons to use or occupy the building or structure for committing a nuisance or an unlawful act.

      8.   The building or structure has been constructed, exists or is maintained in violation of this title, to include the technical codes, in such a manner to present a substantial risk of fire, collapse or danger to human health or safety.

      9.   The building or structure, if used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing systems, or otherwise, is unsanitary, unfit for human habitation or in such a condition that is reasonably likely to cause sickness or disease.

      10.   The building or structure, because of a lack of sufficient or proper fire resistance rated construction, fire protection systems, electrical system, fuel connections, mechanical systems, plumbing systems or other causes, presents a substantial risk of harm to human safety or health.

      11.   All or part of a building or structure remains on a site after demolition, destruction or abandonment in such a condition as to create an unreasonable risk of harm to persons or the public.

   C.   Abatement of Unsafe Conditions: No approval, permit or certificate may be granted pursuant to this title if the building official deter mines that the building, structure, phase, work, building service equipment system or other matter described in the application for the approval, permit or certificate constitutes or creates an unsafe condition. In addition to any other authorities set forth in this title, an unsafe condition may, where appropriate, be subject to abatement under the Nuisance Code.

   D.   Imminent Dangers:

      1.   Abatement of Imminent Dangers: In the event the building official determines that there is imminent danger due to the potential failure or collapse of all or part of a building or structure, or when a building or structure or part thereof has fallen and as a result presents an imminent danger, or when there is actual or potential danger to the occupants of a building or structure or those in proximity to a building or structure due to the presence of explosives, explosive fumes or vapors, or the presence of toxic fumes, gases or materials, or the operation of defective or dangerous equipment thus creating an imminent danger, the building official is hereby authorized and empowered to order and require the occupants to vacate the building or structure forthwith. The building official shall cause to be posted at each entrance to such building or structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the City of Elko." It shall be unlawful for any person to enter a building or structure posted with the foregoing notice except for the purpose of securing the building or structure, making the required repairs, removing the hazardous condition, or demolishing the building or structure.

      2.   Notice: If an imminent danger is found with respect to a building or structure, the building official shall serve on the owner, agent or person in control of the building or structure a written notice describing the imminent danger and specifying the required repair to render the building or structure safe, or requiring the imminently dangerous building or structure or portion thereof to be demolished within a specified time. If the notice directs the person to demolish the building or structure, or any portion thereof, the notice shall require the person thus notified to declare immediately to the building official acceptance or rejection of the terms of an order to demolish.

      3.   Verbal Orders: Notwithstanding any other provision in this section, where the building official determines that a condition exists which creates an imminent danger requiring immediate action, a verbal order shall have the full effect of a written order.

      4.   Posting Notice: Regardless of whether the person addressed with a notice of imminent danger receives service as provided herein, a copy of the notice shall be posted in a conspicuous place on the building or structure, or as close thereto on the premises as is reasonably possible, and such procedure shall be deemed the equivalent of personal notice.

      5.   Disregard of Notice; Emergency Repairs and Other Measures; Recovery of Cost: Where the order to eliminate an imminent danger is refused or not obeyed, or when, in the opinion of the building official, immediate action is required to protect the public safety, the building official shall cause the necessary work to be done to demolish the building or structure or to render the building or structure temporarily safe. Nothing in this title shall be deemed to limit in any way the authority, under any existing law or ordinance, of any department of the City to correct or remove any condition deemed to be an imminent danger. When the City proceeds to demolish any building or structure, whether by contract or by its own employees, the City may provide for the installation of a fence or other protective device and implement such other measures as are reasonable under the circumstances in order to secure the perimeter of the premises, protect the health, safety and welfare of the community and deter the illegal dumping of trash and debris. Where the City incurs costs of emergency repairs, whether by itself or by contract, such costs shall be charged to the owner of the property. The City shall, with the approval of the City Attorney, collect such costs from the owner and may, following the procedures set forth in NRS Chapter 108 applicable to mechanics' and materialmen's liens to the extent reasonably practicable, place a lien upon the property in the amount of the cost of the emergency repairs. The City may thereafter enforce the lien following the procedures set forth in NRS Chapter 108 applicable to mechanics' and materialmen's liens to the extent reasonably practicable, to include recovering all attorney fees and costs incurred in the enforcement thereof.

      6.   Closing Streets and Other Public Areas: The building official may temporarily close public sidewalks, streets, ways and places adjacent to an imminent danger, and prohibit the public from entering those areas.

(Ord. 820, 7-11-2017; amd. Ord. 906, 11-12-2025)

   A.   Title: This Chapter 2 shall be known as the BUILDING CODE OF THE CITY OF ELKO, (hereinafter referred to as the "Elko Building Code"). It adopts the 2024 International Building Code, together with Appendices H, J and Q, with certain modifications.

   Chapter 1 - Scope And Administration

   Chapter 1, entitled "Scope and Administration," is deleted in its entirety; Chapter 1 of this Title, entitled "Building Regulations Administrative Code," shall remain in full force and effect.

   Chapter 2 - Definitions

   Section 202 - Definitions.

   Section 202, entitled "Definitions," is amended to include the following additional definitions:

      High-rise building: A building with an occupied floor or occupied roof located more than 55 feet (16,764 mm) above the lowest level of fire department vehicle access.

      Surcharge: A vertical load imposed on the retained soil that may impose a lateral force in addition to the lateral earth pressure of the retained soil. Examples include:

         Sloped retained soil.

         Structure footings supported by the retained soil.

         Adjacent vehicle loads supported by the retained soil.

   Chapter 3 - Occupancy Classification and Use

      Section 305.2 Group E, Day Care Facilities.

            Amend Section 305.2 to read as follows:

         305.2 Group E, day care facilities. This group includes buildings and structures, or portions thereof occupied by more than six children older than 2 ½ years of age who receive educational, supervision or personal care services for fewer than 24 hours per day.

         305.2.1 Within places of religious worship. Rooms and spaces within places of religious worship providing such day care during religious functions shall be classified as part of the primary occupancy.

         305.2.2 Six or fewer children. A facility having six or fewer children receiving such day care shall be classified as part of the primary occupancy.

         305.2.3 Six or fewer children in a dwelling unit. A facility such as the above within a dwelling unit and having six or fewer children receiving such day care shall be classified as a Group R 3 occupancy or shall comply with the International Residential Code.

      Section 308.2 Institutional Group I-1.

      Add Section 308.2.5 to Section 308.2 to read as follows:

         308.2 Institutional Group I-1. Institutional Group I-1 occupancy shall include buildings, structures or portions thereof for more than 16 persons, excluding staff, who reside on a 24 hour basis in a supervised environment and receive custodial care. Buildings of Group I-1 shall be classified as one of the occupancy conditions specified in Section 308.2.1 or 308.2.2 and shall comply with Section 420. This group shall include, but not be limited to, the following:

         Alcohol and drug centers

         Assisted living facilities

         Congregate care facilities

         Group homes

         Halfway houses

         Residential board and care facilities

         Social rehabilitation facilities

         308.2.1 Condition 1. This occupancy condition shall include buildings in which all persons receiving custodial care who, without any assistance, are capable of responding to an emergency situation to complete building evacuation.

         308.2.2 Condition 2. This occupancy condition shall include buildings in which there are any persons receiving custodial care who require limited verbal or physical assistance while responding to an emergency situation to complete building evacuation.

         308.2.3 Six to 16 persons receiving custodial care. A facility housing not fewer than six and not more than 16 persons receiving custodial care shall be classified as Group R-4.

         308.2.4 Five or fewer persons receiving custodial care. A facility with five or fewer persons receiving custodial care shall be classified as Group R-3 or shall comply with the International Residential Code provided an automatic sprinkler system is installed in accordance with Section 903.3.1.3 or Section P2904 of the International Residential Code.

         308.2.5 Board of Health. All portions of a care facility which houses patients or residents which is classified by the State Board of Health as 'Category 2,' and which has an occupant load of more than 10 residents, is classified as an 'I-1' occupancy classification.

      Section 308.5 Institutional Group I-4, Day Care Facilities.

      Amend Section 308.5 to read as follows:

         308.5 Institutional Group I-4, day care facilities. Institutional Group I-4 occupancy shall include buildings and structures occupied by more than six persons of any age who receive custodial care for fewer than 24 hours per day by persons other than parents or guardians, relatives by blood, marriage or adoption, and in a place other than the home of the person cared for. This group shall include, but not be limited to, the following:

         Adult day care

         Child day care

         308.5.1 Classification as Group E. A child day care facility that provides care for more than six but not more than 100 children 2½ years or less of age, where the rooms in which the children are cared for are located on a level of exit discharge serving such rooms and each of these child care rooms has an exit door directly to the exterior, shall be classified as Group E.

         308.5.2 Within a place of religious worship. Rooms and spaces within places of religious worship providing such care during religious functions shall be classified as part of the primary occupancy.

         308.5.3 Six or fewer persons receiving care. A facility having six or fewer persons receiving custodial care shall be classified as part of the primary occupancy.

         308.5.4 Six or fewer persons receiving care in a dwelling unit. A facility such as the above within a dwelling unit and having six or fewer persons receiving custodial care shall be classified as a Group R 3 occupancy or shall comply with the International Residential Code.

      Section 310.2 Residential Group R-1.

      Amend Section 310.2 to read as follows:

         310.2 Residential Group R-1. Residential Group R-1 occupancies containing sleeping units where the occupants are primarily transient in nature, including:

         Boarding houses (transient) with more than 10 occupants

         Brothels

         Congregate living facilities (transient) with more than 10 occupants

         Hotels (transient)

         Motels (transient)

         Lodging houses with more than five guestrooms

      Section 311.2 Moderate Hazard Storage, Group S-1.

      Amend Section 311.2 to read as follows:

         311.2 Moderate-hazard storage, Group S-1. Storage Group S-1 occupancies are buildings occupied for storage uses that are not classified as Group S-2, including, but not limited to, storage of the following:

         Aerosol products, Levels 2 and 3, aerosol cooking spray, plastic aerosol (PA3)

         Aircraft hangar (storage and repair)

         Bags: cloth, burlap and paper

         Bamboos and rattan

         Baskets

         Belting: canvas and leather

         Beverages over 20-percent alcohol content

         Books and paper in rolls or packs

         Boots and shoes

         Buttons, including cloth covered, pearl or bone

         Cardboard and cardboard boxes

         Clothing, woolen wearing apparel

         Cordage

         Furniture

         Furs

         Glues, mucilage, pastes and size

         Grains

         Horns and combs, other than celluloid

         Leather

         Linoleum

         Lithium-ion or lithium metal batteries

         Lumber

         Motor vehicle repair garages complying with the maximum allowable quantities of hazardous materials listed in Table 307.1(1) (see Section 406.8)

         Photo engravings

         Resilient flooring

         Self-service storage facility (mini storage)

         Silks

         Soaps

         Sugar

         Tires, bulk storage of

         Tobacco, cigars, cigarettes and snuff

         Upholstery and mattresses

         Vehicle repair garages for vehicles powered by lithium-ion or lithium metal batteries

         Wax candles

   Chapter 4 - Special Detailed Requirements Based on Occupancy and Use

      Section 403.5.4 Smoke Proof Enclosures.

      Amend Section 403.5.4 to read as follows:

         403.5.4 Smoke proof enclosures. Every required interior exit stairway serving floors more than 55 feet (16,764 mm) above the lowest level of fire department vehicle access shall be a smoke proof enclosure in accordance with Sections 909.20 and 1023.12.

   Chapter 9 - Fire Protection and Life Safety Systems

      Section 906 Portable Fire Extinguishers.

      Delete Section 906:

      Section 910.2 Where Required.

      Amend Section 910.2 to read as follows:

         910.2 Where required. Smoke and heat vents or a mechanical smoke removal system shall be installed as required by Sections 910.2.1 and 910.2.2.

         Exceptions:

            1.   Frozen food warehouses used solely for storage of Class I and II commodities where protected by an approved automatic sprinkler system.

            2.   Automatic smoke and heat vents are not required within areas of buildings equipped with early suppression fast response (ESFR) sprinklers unless the area of Group F-1 or S-1 occupancy protected with the ESFR sprinklers has an exit access travel distance of more than 250 feet (76,200 mm).

            3.   Smoke and heat removal shall not be required in areas of buildings equipped with control mode special application sprinklers with a response time index of 50 (m x S)1/2 or less that are listed to control a fire in stored commodities with 12 or fewer sprinklers.

   Chapter 12 - Interior Environment

      Section 1210.4 Baby Changing Tables.

      Add Section 1210.4 to Section 1210, as follows:

         1210.4 Baby changing tables. Diaper changing tables are required to be installed in both male, female and other restrooms, in permanent buildings that contain public restrooms as defined in chapter 29 of the 2024 IBC. Changing tables are required when any of the following occur: new buildings, tenant improvements, new restrooms, alteration of existing restrooms, new additions, change of uses that require updating existing restrooms with additions to those facilities. Changing tables shall meet the guidelines of 603.5, 309 and 902 of ANSI/ICC A117.1-2017.

         Exceptions: A building or facility that does not have public restrooms or has been issued a permit or license which restricts the admission of children on the basis of age, shall be exempt from this requirement.

   Chapter 16 - Structural Design

      Section 1608.2 Ground Snow Loads.

      Amend Section 1608.2 to read as follows: The City of Elko shall not have ground snow loads less than 30 psf

   Chapter 17 - Special Inspections and Tests

      Section 1704.2 Special Inspections And Tests.

      Amend Section 1704.2 to read as follows:

         1704.2 Special inspections and tests. Where application is made to the building official for construction as specified in Section 105, the owner or the owner's authorized agent, other than the contractor, shall employ one or more approved agencies to provide special inspections and tests during construction on the types of work specified in Section 1705 and identify the approved agencies to the building official. These special inspections and tests are in addition to the inspections by the building official that are identified in Section 110.

         Exceptions:

         1.   Special inspections and tests are not required for construction of a minor nature or as warranted by conditions in the jurisdiction as approved by the building official.

         2.   Unless otherwise required by the building official, special inspections and tests are not required for Group R 3 occupancies as applicable in section 101.2 and Group U occupancies that are accessory to a residential occupancy including, but not limited to, those listed in Section 312.1.

         3.   Special inspections and tests are not required for portions of structures designed and constructed in accordance with the cold formed steel light frame construction provisions of Section 2206.1.2 or the conventional light frame constructions provisions of Section 2308.

         4.   The contractor is permitted to employ the approved agencies where the contractor is also the owner.

   Chapter 18 - Soils And Foundations

      Section 1803.2 Investigations Required.

      Amend Section 1803.2 to read as follows:

         1803.2 Investigations required. Geotechnical investigations shall be conducted in accordance with Sections 1803.3 through 1803.5.

         Exception: The building official need not require a geotechnical investigation where satisfactory data from adjacent areas is provided by a licensed design professional that demonstrates an investigation is not necessary for any of the conditions in Sections 1803.5.1 through 1803.5.6 and Sections 1803.5.10 and 1803.5.11.

      Section 1803.6 Reporting.

      Amend Section 1803.6 and add new items 5, 7, 13 through 22 as follows:

         1803.6 Reporting. Where geotechnical investigations are required, a written report of the investigation must be submitted to the city of Elko by the owner or authorized agent at the time of permit application. The geotechnical report must include, but need not be limited to, the following information:

         1.   A plot showing the location of the test borings, excavations, and/or investigations. The plot must be dimensioned and must show the approximate location of all existing and proposed structures.

         2.   A complete record of the soil boring and penetration test logs and soil samples.

         3.   A record of the soil profile.

         4.   Depth to the water table, if encountered.

         5.   Anticipated approximate cut and fill depths.

         6.   Recommendations for foundation type and design criteria, including but not limited to: bearing capacity of natural or compacted soil; provisions to mitigate the effects of expansive soils; mitigation of the effects of liquefaction, differential settlement, and varying soil strength; and the effects of adjacent loads. Provide provisions to mitigate the effects of collapsible soils, soluble soils, uncontrolled fill, chemical heave, and corrosive soils. Provide supporting test data.

         7.   Caliche and cemented soils considerations, if encountered. Recommendations for the removal of caliche and cemented soils and/or the preparation and grading for foundations on caliche and cemented soils.

         8.   Expected total and differential settlement.

         9.   Deep foundation information in accordance with Section 1803.5.5.

         10.   Special design and construction provisions for foundations of structures founded on expansive soils, as necessary.

         11.   Compacted fill material properties and testing in accordance with Section 1803.5.8. Provide provisions to mitigate the effects of collapsible soils, soluble soils, uncontrolled fill, chemical heave, and corrosive soils.

         12.   Controlled low-strength material properties and testing in accordance with Section 1803.5.9.

         13.   Soil classification by the unified soil classification system (ASTM D 2487).

         14.   Classify the expansion level of the soil and specify the minimum embedment depth per table 1808.6.1.1.

         15.   Address, if applicable, the possible impacts on adjoining properties and mitigating measures to be undertaken.

         16.   Suitability of onsite soils for use as fill material.

         17.   Provide grading requirements for onsite and import soils (where applicable) including, but not limited to, swell, solubility, and sulfates.

         18.   Geotechnical design considerations for drainage structures, as applicable.

         19.   Erosion control requirements, as applicable.

         20.   Anticipated structural loads and type of proposed structure.

         21.   Site class per table ASCE 7-22 Table 20.2-1, including all test data and supporting calculations.

         22.   All geotechnical reports must be current within the last 12 months. Any report older than 12 months must be accompanied by a wet sealed update letter addressing the current site conditions based on a recent site visit.

      Section 1805.2.1 Floors.

      Revise Section 1805.2.1 as follows:

         1805.2.1 Floors. Damp-proofing materials for floors must be installed between the floor and the base course required by Section 1805.4.1, except where a separate floor is provided above a concrete slab. Where installed beneath the slab, damp-proofing must consist of not less than 10-mil (.010 inch; 0.254 mm) polyethylene with joints lapped not less than 6 inches (152 mm) or other approved methods or materials. Where permitted to be installed on top of the slab, damp-proofing must consist of mopped-on bitumen, not less than 4-mil (.004 inch; 0.012 mm) polyethylene, or other approved methods or materials. Joints in the membrane must be lapped and sealed in accordance with the manufacturer's installation instructions.

      Section 1807.2.1.1 Rockery Retaining Walls.

      Add Section 1807.2.1.1 to Section 1807.2 to read as follows:

         1807.2.1.1 Rockery retaining walls. Rockery retaining walls or rockery soil stabilization walls shall be placed against cuts in native soils and shall not be subject to surcharges, such as building foundations, adjacent retaining structures, slopes, or vehicle surcharge. All loads adjacent to rockery walls shall be set back a minimum distance equal to the height of the wall. Set back distances shall be measured at the top of the wall from to the back of the wall and at the bottom of wall from the front of the wall. Rockery walls shall be embedded below the frost line. For sloping toe conditions, rockery walls shall be embedded to a depth sufficient achieve a minimum lateral distance in front of the foundation/base rock equal to the width of the base rock, but not less than 6 feet (1829 mm). Rockery walls over two feet in height shall be engineered and any wall over three feet in height shall have special inspection. No individual wall or tiered wall section shall exceed 6 feet (1829 mm) in height. Wall height is measured from the exposed ground surface at the bottom of the wall to the adjacent grade at the top of the wall. Rockery walls shall be analyzed for bearing, sliding, overturning resistance, and global stability. Sliding resistance shall be analyzed at the bottom of each rock level. The maximum coefficient of friction between the rocks in the wall shall be 0.5. Passive resistance at the toe of the wall shall be neglected. Rockery walls shall be designed for dynamic seismic lateral earth pressures due to the design earthquake ground motion. For seismic loading conditions and global stability analyses, the design earthquake ground motion shall be determined per Chapter 11 of ASCE-7.

         Rockery walls shall be in a continuous alignment without abrupt changes in direction.

         Termination, intersections, and radii shall be included in the engineering analysis. Drainage shall be provided behind all engineered rockery walls.

         Design documents shall be stamped by an Engineer licensed in the State of Nevada and include all engineering calculations including inputs and results. Special inspection documents shall verify all of items listed below which the design engineer shall include on the construction documents:

         1.   Type and quality of rock

         2.   Unit weight, if design exceeds 155 pcf

         3.   Rock size in approximate diameter

         4.   Rock placement

         5.   Voids greater than 3 inches (76 mm) shall be filled

         6.   Wall drainage system (i.e. drainage rock and geosynthetic filter fabric)

         7.   Surface drainage

         8.   Embedment depth and width

         9.   Wall face slope (batter 6 vertical to one horizontal maximum)

         10.   Maintenance and service access.

         Any rockery walls exceeding 6 feet (1829 mm) in height or varying from these design requirements, including backslopes, or constructed to support fill soils, shall require a variance and engineering review to include the following:

         1.   Suitability evaluation of other alternative wall types

         2.   3rd party review

         3.   Full-time inspection

         In no case, shall a single wall exceed 10 feet (3048 mm) in height. All fill placed behind a rockery wall shall be reinforced and designed to eliminate any loads acting upon the wall.

      Section 1808.6.1 Foundations.

      Amend Section 1808.6.1 to read as follows:

         1808.6.1 Foundations. Foundations placed on or within the active zone of expansive soils shall be designed to resist differential volume changes and to prevent structural damage to the supported structure. Deflection and racking of the supported structure shall be limited to that which will not interfere with the usability and serviceability of the structure.

         Foundations placed below where volume change occur or below expansive soil shall comply with the following provisions:

         1.   Foundations extending into or penetrating expansive soils shall be designed to prevent uplift of the supported structure.

         2.   Foundations penetrating expansive soils shall be designed to resist forces exerted on the foundation due to soil volume changes or shall be isolated from the expansive soil.

         Post tensioned slabs shall not be utilized in place of frost depth footing design unless super structure deflection and differential movement calculations are provided. The deflection calculations would need to show that the maximum combined frost and expansive soil heaving, as localized at slab edges, with resultant non uniformly distributed deflections, as well as whole slab deflections would not result in super structure racking or excessive truss, roof or wall frame movement.

      Section 1809.5 Frost Protection.

      Amend Section 1809.5 to read as follows:

         1809.5 Frost protection. Except where otherwise protected from frost, foundations and other permanent supports of buildings and structures shall be protected from frost by one or more of the following methods:

         1.   Extending below the frost line of the locality. Refer to 2024 Northern Nevada Amendments Appendix Table R301.2 for requirements of local authorities having jurisdiction.

         2.   Constructing in accordance with ASCE 32.

         3.   Erecting on solid rock.

         Exception: Free standing buildings meeting all of the following conditions shall not be required to be protected:

         1.   Assigned to Risk Category I.

         3.   Eave height of 10 feet (3048 mm) or less.

         Shallow foundations shall not bear on frozen soil unless such frozen condition is of a permanent character.

   Chapter 29 - Plumbing Systems

      Section 2901.1 Scope.

      Amend Section 2901.1 to read as follows:

      2901.1 Scope. The provisions of this chapter and the Elko Plumbing Code shall govern the design, construction, erection and installation of plumbing components, appliances, equipment and systems used in buildings and structures covered by this chapter. Toilet and bathing rooms shall be constructed in accordance with Section 1210 of the International Building Code. The editions of the International Fire Code the International Property Maintenance Code and the Uniform Plumbing Code adopted by the City Council, as amended, together with any other applicable requirements set forth in this Title 2, shall govern the use and maintenance of plumbing components, appliances, equipment and systems. The editions of the International Existing Building Code and the Uniform Plumbing Code adopted by the City Council, as amended, together with any other applicable requirements set forth in this Title 2, shall govern the alteration, repair, relocation, replacement and addition of plumbing components, appliances, equipment and systems.

      Section 2902.1 Minimum Number of Fixtures.

      Amend Section 2902.1 to read as follows:

      2902.1 Minimum number of fixtures. Plumbing fixtures shall be provided in the minimum number as shown in Table 2902.1 based on the actual use of the building or space. Uses not shown in Table 2902.1 shall be considered individually by the Building Official. The number of occupants shall be determined by this chapter. Suitable toilet facilities shall be provided and maintained in a sanitary condition for the use of workers during construction.

      Table 2902.1 Minimum Number of Required Plumbing Fixtures.

      Amend Table 2902.1 to read as follows:

 

      Section 2902.2 Separated Facilities.

      Amend Section 2909.2 to read as follows:

         2902.2 Separate facilities. Where plumbing fixtures are required, separate facilities shall be provided for each sex.

         Exceptions:

         1.   Separate toilet facilities shall not be required for dwelling units and sleeping units.

         2.   Separate toilet facilities shall not be required in structures or tenant spaces with a total occupant load, including both employees and customers, of 20 or fewer.

         3.   Separate toilet facilities shall not be required in mercantile occupancies in which the maximum occupant load is 100 or fewer.

         4.   Separate toilet facilities shall not be required in business occupancies in which the maximum occupant load is 25 or fewer.

         5.   Separate toilet facilities shall not be required to be designated by sex where single-user toilet rooms are provided in accordance with Section 2902.1.2.

         6.   Separate toilet facilities shall not be required where rooms having both water closets and lavatory fixtures are designed for use by all persons regardless of sex and privacy is provided for water closets and urinals in accordance with the following standards:

            A.   Each water closet made available for use by the public or by employees of the owner or occupant shall occupy a separate compartment with walls or partitions and a door enclosing the fixtures to ensure privacy. The foregoing requirements are subject to the following exceptions:

               (1)   A water closet compartment shall not be required in a single-occupant toilet room with a lockable door.

               (2)   Toilets and related apparatuses located in child day care facilities that contain two or more water closets may have one water closet without an enclosing compartment.

               (3)   The requirements of this Subsection 6(A) are not applicable to toilet areas located within Group I-3 housing areas.

            B.   Each urinal made available for use by the public or by employees of the owner or occupant shall occupy a separate area with walls or partitions to provide privacy. The horizontal distance between walls or partitions at each urinal shall be not less than 30 inches (762mm). The walls or partitions shall begin at a height not greater than 12 inches (305mm) from and extend not less than 60 inches (1524mm) above the finished floor surface. The walls or partitions shall extend from the wall surface at each side of the urinal not less than 18 inches (457mm) or to a point not less than 6 inches (152mm) beyond the outermost front lip of the urinal measured from the finished backwall surface, whichever is greater. The foregoing requirements are subject to the following exceptions:

               (1)   Urinal partitions shall not be required in a single-occupant, family or assisted-use toilet room with a lockable door.

               (2)   Toilets and related apparatuses located in child day care facilities that contain two or more urinals may have one urinal without partitions.

   Chapter 31 - Special Construction

      Section 3102.7 Engineering Design.

      Section 3102.7 shall continue to read as follows:

         3102.7 Engineering design. The structure shall be designed and constructed to sustain dead loads; loads due to tension or inflation; live loads including wind, snow, flood and seismic loads and in accordance with Chapter 16.

         Exception: Membrane structures intended to be in place for 30 days or less may be engineered to risk category I loads provided the installation and use are per the manufacturer's recommendations.

   Appendix H - Signs

      Adopt Appendix H in its entirety without amendment.

   Appendix J - Grading

      Adopt Appendix J in its entirety with the following amendments shall continue to read:

      Section J102.1 Definitions.

      Revise the definition of "GRADING" in Section J102.1 as follows:

         GRADING. An excavation, inclusive of clearing and grubbing of vegetation, or fill or combination thereof.

      Add new definitions in Section J102.1 for Building Pad, Certify, Fault, Fault, Final Grading Report, Geotechnical Report (Soils Report), Pad Certification Report, Pad Recertification Report, and Refusal as follows:

         BUILDING PAD. The soil, cut or fill site, outlined by the area of the footprint of the building plus a minimum of 5 additional feet (1529 mm) to the exterior. This includes any type of foundation system for the structure.

         CERTIFY. Use of the word "certify" or "certification" constitutes an expression of professional opinion regarding those facts or findings which are the subject of the certification.

         FAULT. A fracture or zone of fracturing in geologic materials (soil or rock) along which there has been displacement of the sides relative to one another parallel to the fracture.

         FINAL GRADING REPORT. A grading report stamped and signed by a registered design professional certifying that the building pad was constructed in conformance with the recommendations set forth in the geotechnical report. This report contains explicit information and data that verifies compliance with the geotechnical report of record including any approved supplements or addendums.

         GEOTECHNICAL REPORT (SOILS REPORT). Data and engineering recommendations resulting from site exploration which evaluates the soil conditions and general site characteristics and suitability of the site for the proposed construction. A registered design professional shall prepare and seal the report.

         PAD CERTIFICATION REPORT. An interim grading report stamped and signed by a registered design professional certifying that the building pad currently is in conformance with the recommendations set forth in the geotechnical report of record.

         PAD RECERTIFICATION REPORT. A report stamped and signed by a registered design professional certifying that the building pad currently is in conformance with the recommendations set forth in the geotechnical report of record. This report contains explicit information and data that verifies compliance to the geotechnical report of record including any approved supplements or addendums.

         REFUSAL. Refusal while advancing an exploration is recognized as defined by ASTM D 1586-08a.

      Section J103.2 Exemptions.

      Delete exemption #1 in Section J103.2 and re-number the remaining exemptions sequentially as follows:

      J103.2 Exemptions. A grading permit shall not be required for the following:

         1.   Excavation for construction of a structure permitted under this code.

         2.   Cemetery graves.

         3.   Refuse disposal sites controlled by other regulations.

         4.   Excavations for wells or trenches for utilities.

         5.   Mining, quarrying, excavating, processing or stockpiling rock, sand, gravel, aggregate, or clay controlled by other regulations, provided such operations do not affect the lateral support of, or significantly increase stresses in, soil on adjoining properties.

         6.   Exploratory excavations performed under the direction of a registered design professional.

      Exemption from the permit requirements of this appendix must not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this chapter or any other laws or ordinances of the.

      Section J103.3 Hazards.

      Add a new Section J103.3 Hazards as follows:

         J103.3 Hazards. Whenever the City determines that any existing excavation, embankment, or fill on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way, easement, storm sewer system, or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the City, must, within the period specified therein repair or eliminate such excavation or embankment to eliminate the hazard and to be in conformance with the requirements of this chapter.

      Section J104.1 Submittal Requirements.

      Revise Section J104.1 as follows:

         J104.1 Submittal requirements. In addition to the provisions of Section 105.3, the applicant must state the estimated quantities of excavation and fill. All projects that require grading must have a grading plan prepared, stamped, and signed by a registered design professional.

         Exception: At the discretion of the City, if the structure is located outside of a flood hazard area the following projects may be exempted from having a grading plan:

         1.   Single story structures or additions with a footprint less than 600 square feet.

         2.   Patio covers, decks, and canopies associated with a single family residence.

         3.   Mobile homes, trailers, modular buildings that do not have concrete or masonry foundations.

         4.   Pre-engineered carports.

         5.   Signs, light poles, and communication towers.

      Section J104.2 Site (Grading) Plan Requirements.

      Revise Section J104.2 in its entirety, as follows:

         J104.2 Grading plan requirements. All grading plans must be prepared, stamped, and signed by a registered design professional. The following items must be included on all grading plan submittals.

            1.   General vicinity of the proposed site.

            2.   Property limits and accurate contours of existing ground and details of terrain and area drainage.

            3.   Limiting dimensions, elevations or finish contours to be achieved by the grading, proposed drainage channels, and related construction.

            4.   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 100 feet of the property or that may be affected by the proposed grading operations.

            5.   Recommendations included in the geotechnical report must be incorporated in the grading plans or specifications as follows:

               a.   Locations and dimensions of all cut and fill slopes,

               b.   Locations of all cross sections presented in the geotechnical report,

               c.   Locations and sizes of all recommended remedial measures such as buttress fills, stability fills, deep foundation systems, reinforced earth, retaining walls, etc.,

               d.   Location and layout of proposed subdrainage system.

            6.   A statement that the site must be graded in accordance with the approved geotechnical report. This statement must include the firm name that prepared the geotechnical report, the report number, and the date of the geotechnical report.

            7.   Locations of other existing topographic features either natural or man-made such as streets, drainage structures, pavements, walls, mining pits, etc.

            8.   The cut to fill transition line.

            9.   Positive drainage away from the foundation per Section 1804.3.

            10.   Details and cross sections at property lines, fence walls, retaining walls, berms, etc.

            11.   Elevation datum and benchmarks (NAVD 88).

            12.   Existing contours at least 100 feet beyond the property lines.

            13.   Proposed finish contours or spot elevations at the property corners, building pad, and at swale flow lines.

            14.   Elevations of curbs or centerlines of roads or streets.

            15.   Earthwork quantities in cubic yards.

            16.   Finish floor elevations.

            17.   Details and cross sections of typical fill slopes and cut slopes.

            18.   Typical details of fill-over-natural slopes and fill-over-cut slopes where fill is to be placed on natural or cut slopes steeper than 5H:1V in accordance with Section J107.

            19.   Setback dimensions of cut and fill slopes from site boundaries per Section J108.

            20.   The placement of buildings and structures on and/or adjacent to slopes steeper than 3H:1V (33.3% slope) must be in accordance with Section 1808.7.

            21.   Provide terracing in accordance with Section J109 for slopes steeper than 3H:1V (33.3% slope).

            22.   Provide the locations and dimensions of all terrace drains for all slopes steeper than 3H:1V in accordance with Section J109.

            23.   The standard notes specified in the city of Elko Construction Site Best Management Practice Guidance Manual (most current edition).

            24.   Registered design professional original seal (wet seal), signature and date or a records stamp and signature stating, "This is a true and exact copy of the original document on file in this office."

      Section J104.3 Geotechnical Report.

      Revise Section J104.3 as follows:

         J104.3 Geotechnical report. A geotechnical report prepared by a registered design professional must be provided. The report must comply with Section 1803.6.

      Section J105.1 General.

      Amend Section J105.1 to read as follows:

         J105.1 General. Inspection of grading operations must comply with the provisions of this section. The permittee must be responsible for the work to be performed in accordance with the approved plans and specifications and in conformance with the provisions of this chapter. The permittee must engage an approved agency, if required by the City.

      Section J105.1.1 Completion of Work and Final Reports.

      Add Section J105.1.1 to Section J105.1 to read as follows:

         J105.1.1 Completion of work and final reports. Report submittal must be in compliance with Section 1704.2.4.

      Section J105.1.2 Final Grading Report.

      Add Section J105.1.2 to Section J105.1 to read as follows:

         J105.1.2 Final grading report. Upon completion of pad grading (or foundation excavation) and prior to a footing or foundation inspection, a final grading report must be provided by an approved agency. Grading (or foundation excavation) must be observed and tested by an approved agency. The approved agency must prepare the report, signed by a registered design professional certifying that the grading and earthwork are complete and substantially comply with the requirements of the geotechnical report of record including any approved supplements or addenda. At the discretion of the City, a pad certification report submitted in accordance with sSection J105.1.3 may be accepted as an interim report prior to a footing or foundation inspection. A final grading report will then be required prior to receiving a final inspection.

         The final grading report itself will contain all applicable test data and analysis of the data. Specific project information is also required if there were any changes to the geotechnical report of record or unusual circumstances encountered during grading. The report must also include the following information:

         1.   Compaction test results, requirements, locations, depth of backfill at test locations and names of technicians conducting the tests.

         2.   Moisture density values and curves that include classifications for all soils used in the grading operation.

         3.   Description of structure or pad including the proposed use.

         4.   Grading plan showing approximate locations of tests, dates and depths of over-excavation observations, original contours and finish pad elevations.

         5.   Swell and solubility test requirements and results. This information must be provided if required by the geotechnical report of record, elsewhere in the code, or if imported soils were utilized.

         6.   Type of foundation system applicable to work being certified (i.e., spread footings, strip footings, combination footings, drilled shafts, etc.).

         7.   Import material used, source of import, and tests indicating compliance with the geotechnical report of record recommendations, and classification in relation to IBC 1803.5.1.

         8.   A statement describing the process of pad grading. Where applicable, this must include, but not be limited to the minimum depth of over-excavation, blending operations, the use of import soils, nested aggregate, organics encountered, and removal of unsuitable soils.

         9.   The preceding requirements must be presented for each pad or structure being certified.

         The final grading report remains valid for a maximum of six months after the completion of grading. The six month period begins at the first test date of the final test of the final lift of the structural pad. Once expired, a pad re- certification report is required.

      Section J105.1.3 Pad Certification Report.

      Add Section J105.1.3 to Section J105.1 to read as follows:

         J105.1.3 Pad certification report. This letter/report is used as an interim document until a final grading report is completed (i.e., a final grading report for the entire project or a particular phase(s) of a project). The approved agency must prepare this report signed by a registered design professional and certifying that the grading and earthwork are complete and substantially comply with the requirements of the geotechnical report of record including any approved supplements or addenda. Specific project information is also required if there were any changes to the geotechnical report of record or unusual circumstances encountered during grading.

         This report must include the following information for each pad or structure:

         1.   The first test date of the final test of the final lift.

         2.   Permit number and pad or structure description.

         3.   Classification of foundation soils in relation to IBC 1803.5.1.

         4.   Classification of foundation soil for expansive properties (i.e., non-expansive or results from standard 60 pounds per square foot swell test).

         5.   The name(s) of the approved special inspector(s) and any technicians that observed grading or foundation improvements.

         6.   This report remains valid for no longer than six months after the completion of grading. The six month period begins at the first test date of the final test of the final lift of the structural pad. Upon expiration, a final grading report and pad recertification report will be required.

      Section J105.1.4 Pad Recertification Report.

      Add Section J105.1.4 to Section J105.1 to read as follows:

         J105.1.4 Pad recertification report. This report is required when a final grading report or pad certification report has expired or if required by the City because the previous report is determined to be inadequate. The approved agency must prepare this report signed by a registered design professional certifying the current suitability of the pad(s). The condition of the pad(s) is discussed, tests performed and their results are presented and discussed, and any additional grading or reworking is discussed. The conclusions are stated and based upon the current condition of the pad(s) compared to completion at original grading and a statement that the current condition of the pad(s) substantially complies with the requirements of the geotechnical report of record including any approved supplements or addenda.

         As a minimum, pad moisture data and standard sixty pounds per square foot swell test results, if applicable, are included in this report. The tests must be conducted on a representative number of pads.

         The report remains valid for no longer than six months after the latest test date. Once expired, the pad(s) recertification will require an evaluation by a registered design professional to confirm the applicability of current site conditions.

      Section J105.1.5 Finished Floor Elevation Certificate.

      Add Section J105.1.5 to Section J105.1 to read as follows:

         J105.1.5 Finished floor elevation certificate. A registered design professional must certify the lowest habitable finished floor elevation to the elevation on the approved plans upon completion of the slab inspection and placement or the placement of the final construction form for the finished floor.

         All certifications required by this section must be provided to and accepted by the City prior to performance of any additional inspections.

         The minimum finished floor elevation must comply with the approved plans and the allowable tolerance must be minus (-) 0.0 feet to plus (+) 0.3 feet of the finished floor elevation detailed on the approved plans.

      Section J105.1.6 Drainage Compliance Report.

      Add Section J105.1.6 to Section J105.1 to read as follows:

         J105.1.6 Drainage compliance report. Upon completion of final grading, and prior to the final building inspection, a statement of compliance for drainage must be provided by the registered design professional of record or the developer when approved by the City.

         This report must state that site conditions at the time of final construction provide positive drainage in compliance with the approved drainage plan or the plot and grading plan.

         When engineered drainage features, facilities, or structures are required by the approved plans, the registered design professional of record must verify that installed and constructed elements are in compliance with the approved plans. This includes site detention, lot to lot drainage, and drainage conveyance devices.

      Section J105.1.7 Notification Of Noncompliance.

      Add Section J105.1.7 to Section J105.1 to read as follows:

         J105.1.7 Notification of noncompliance. If in the course of fulfilling their respective duties under this appendix, either the registered design professional or the approved agency finds that the work is not being done in conformance with this appendix or the approved plans, the discrepancies must be immediately reported in writing to the contractor, the permittee, and the City.

      Section J105.2 Special Inspections.

      Revise Section J105.2 as follows:

         J105.2 Special inspections. The special inspection requirements of Section 1704 shall apply to work performed under a grading permit where required by the City.

   Appendix Q - Fences, Walls And Retaining Walls

      Add a new Appendix Q Fences, Walls and Retaining Walls, as follows:

      Appendix Q - Fences, Walls And Retaining Walls

      Section Q101 General.

         Q101.1 General. It will be unlawful for any person, contractor, firm or corporation to erect, install, construct or replace any fence, wall or retaining wall contrary to the provisions of this code.

         Q101.2 Applicable regulations. All regulations and requirements of the building code and any amendments, deletions and additions thereto shall apply to the erection, installation or construction of any fence, wall and/or retaining wall except that which may be inconsistent with this chapter.

      Section Q102 Definitions.

         Q102.1 Definitions. For the purpose of this chapter, certain terms are defined as follows:

         CUT. See Excavation.

         EXCAVATION. The removal of earth material by artificial means, also referred to as a cut.

         FENCE. A structure of material such as wrought iron, wire, wood, screen, vinyl, plastic, etc., erected for purposes of enclosure, division of property or decoration.

         FILL. The deposition placement of earth materials by artificial means.

         RETAINING WALL. Any wall that is used to resist the lateral displacement of earth or any other material with a difference in elevation of the material from one side to the other exceeding 24 inches (610 mm) in height.

         ROCKERY WALL. A system of stacked rocks constructed to retain soil.

         WALL. A structure of stone, brick, masonry, concrete or other similar permanent material, raised to some height and erected for purposes of enclosure, division of property or decoration.

      Section Q103 Permits.

         Q103.1 Permits required. No fence, wall or retaining wall regulated by this chapter, for which a permit is required, shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each fence, wall or retaining wall is obtained from the City.

         Q103.2 Separate permits required. A separate permit is required for each parcel of land upon which a fence, wall or retaining wall is to be located.

         Exception: Only one permit is required for multiple fence(s), wall(s) and/or retaining wall(s) constructed along property lines in connection with the development of a subdivision, provided that a legal description of the property is submitted together with a dimensioned plot plan showing the exact location of the fence, wall and/or retaining wall and all other recorded lot and easement lines.

         Q103.3 Application for a fence, wall or retaining wall permit. To obtain a permit, the applicant shall first file an application on a form furnished by the City for that purpose. The application shall include the following:

         1.   The name and address of the owner of the real property upon which the fence, wall and/or retaining wall is to be located.

         2.   The type of material to be used for construction of the fence, wall, and/or retaining wall.

         3.   The total length, height and square footage of each fence, wall and/or retaining wall.

         4.   The authorized agent to perform construction.

         5.   A dimensioned drawing that identifies the location of each fence, wall and/or retaining wall with respect to the property or lot lines, easements, streets, other rights-of-way. Existing construction and drainage features shall be clearly identified on the drawings.

         6.   The location of all light standards, gas and water meters, and fire hydrants.

         7.   Other information deemed pertinent by the City.

         Q103.4 Drawings and specifications. Drawings and specifications required for retaining walls shall be prepared by a registered design professional. The design shall be in accordance with the applicable chapters of the IBC. Rockery walls shall be designed in accordance with the IBC and shall be prepared by a registered design professional. Specifications for fences and walls need not be submitted unless required by the City. Drawings and specifications shall be submitted for retaining walls showing that the retaining wall is designed in accordance with this chapter.

      Section Q104 General Requirements And Limitations.

         Q104.1 General. General requirements and limitations shall be as follows:

         1.   No fence, wall and/or retaining wall shall be placed within a right-of-way unless permission is granted by the City.

         2.   The height and location of a fence, wall and/or retaining wall shall comply with all zoning ordinances and regulations of the City.

         3.   Any special inspection, if required, shall be in accordance with the IBC.

         Q104.2 Required inspections.

         1.   All footings shall be inspected to verify compliance with the approved plans and permit. Footings shall be excavated and cast against the earth.

         2.   Concrete foundations shall not be placed until footings have been inspected and approved by the City.

         3.   No wall and/or retaining wall shall be grouted until the reinforcing required has been inspected and approved by the City.

         4.   Retaining walls shall not be backfilled until verification of the damp-proofing (when required) and drainage has been inspected and approved by the City.

         Q104.3 Natural drainage. Permits shall not be issued for fences, walls and/or retaining walls which would block any natural flow path.

         Q104.4 Prohibited materials. Walls, fences and retaining walls shall not contain exposed materials which impose a direct safety hazard, such as pointed posts, stakes or pickets, components intended for electrocution, embedded glass, nails, barbed or razor type wire, or other sharp, cutting objects.

         Exception: Manufactured barbed or razor wire may be used when its detailed use, location, and construction requirements are approved by the City.

(Ord. 839, 6-11-2019; amd. Ord. 907, 12-9-2025)

   A.   Title: This Chapter 3 shall be known as the RESIDENTIAL CODE OF THE CITY OF ELKO (hereinafter referred to as the "Elko Residential Code"). It adopts, including the adoption of the 2024 International Residential Code, with the following modifications:

      1.   Excluded Chapters: Chapters 11 through 43 are not adopted, except for Chapter 42, which is retained.

      2.   Adopted Appendix: Appendix BG is adopted and incorporated herein.

      3.   Administrative Provisions: Necessary local administrative provisions are included herein.

   Chapter 1 - Scope And Administration

   Chapter 1 is deleted in its entirety and replaced with Title 2, Chapter 1, "Building Regulations Administrative Code" of the Code.

   Chapter 2 - Definitions

   Section R202 Definitions.

   Revise and/or add the following definitions to Section R202 as follows:

   Townhouse. A single-family dwelling unit constructed in a group of two or more attached units completely independent of all other such units in the building by reason of separation therefrom by un-pierced party walls in which each unit extends from foundation to roof and with open space on at least two sides, and as recorded on a final parcel map or final subdivision map.

   Sleeping Area. Any area that includes one or more sleeping rooms that are located on the same floor and are not separated by another habitable room, such as a living room, dining room or kitchen (but not a bathroom, hallway or closet).

   Sleeping Room. Any sleeping room, bedroom, basement, loft, mezzanine or other room that is ordinarily used or intended to be used for sleeping purposes. The term is deemed to include any room that contains a closet and that provides for occupant privacy.

   Surcharge. A vertical load imposed on the retained soil that may impose a lateral force in addition to the lateral earth pressure of the retained soil. Examples include:

   •   Sloped retained soil.

   •   Structure footings supported by the retained soil.

   •   Adjacent vehicle loads supported by the retained soil.

   Temporary. A defined time established by ordinance not to exceed 90 days, except as otherwise set forth in the Code.

   Chapter 3 - Building Planning

   Section R301 Design Criteria.

   Revise Section R301 as follows:

   Table R301.2 Climatic And Geographic Design Criteria.

         Amend Table R301.2 to read as follows:

   TABLE R301.2

   CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA

 

 

      Section R309 Automatic Sprinkler Systems.

      R309 is deleted in its entirety with no replacement.

      Section R318.2 Egress Door.

      Amend Section R318.2 to read as follows:

         R318.2 Egress door. Not less than one egress door shall be provided for each dwelling unit. The egress door shall be of the pivoted, balanced, or side-hinged swinging type, and shall provide a clear width of not less than 32 inches (813 mm) where measured between the face of the door and the stop, with the door open 90 degrees (1.57 rad). The clear height of the door opening shall be not less than 78 inches (1981 mm) in height measured from the top of the threshold to the bottom of the stop. Other doors shall not be required to comply with these minimum dimensions. Egress doors shall be readily openable from inside the dwelling unit without the use of a key or special knowledge or effort.

   Chapter 4 - Foundations

      Section R403.1.4.1 Frost Protection.

      Amend Section R403.1.4.1 to read as follows:

         R403.1.4.1 Frost protection. Except where otherwise protected from frost, foundation walls, piers and other permanent supports of buildings and structures shall be protected from frost by one or more of the following methods:

         1.   Extended below the frost line specified in Table R301.2.

         2.   Constructed in accordance with Section R403.3.

         3.   Constructed in accordance with ASCE 32.

               4.   Erected on solid rock.

         Footings shall not bear on frozen soil.

         Exceptions:

         3.   For patio covers supported on a concrete slab-on- grade without footings, the slab shall conform to the provisions of Section R506, shall be not less than 3.5 inches (89 mm) thick and the columns shall not support live or dead loads in excess of 750 pounds (3.34 kN) per column.

   Appendix BG - Sound Transmission

      Adopt Appendix BG in its entirety with no amendments.

   All other appendices are deleted in their entirety.

(Ord. 724, 2-8-2011; amd. Ord. 839, 6-11-2019; Ord. 907, 12-9-2025)

   A.   Title: This Chapter 4 shall be known as the MECHANICAL CODE OF THE CITY OF ELKO (hereinafter referred to as the "Elko Mechanical Code"). It adopts the 2024 Uniform Mechanical Code, with certain modifications.

   Chapter 1 - Administration

      All provisions of Chapter 1 (Administration), excluding Sections 101.0 (Title) and 102.0 (Purpose), are deleted and substituted with the contents of Title 2, Chapter 1, titled "Building Regulations Administrative Code," as set forth in the Code.

   Chapter 3 - General Regulations

      Section 304.3 Access to Appliances on Roofs.

      Amend Section 304.3 to read as follows:

         304.3 Access to Appliances on Roofs. Appliances located on roofs or other elevated locations above 30 inches (762 mm) shall be accessible. [NFPA 54:9.4.3.1]

         304.3.1.1 Access Type. The inside means of access shall be a permanent or foldaway inside stairway or ladder, terminating in an enclosure, scuttle, or trapdoor. Such scuttles or trap doors shall be at least 22 inches by 24 inches (559 mm by 610 mm) in size, shall open easily and safely under all conditions, especially snow, and shall be constructed so as to permit access from the roof side unless deliberately locked on the inside.

         At least 10 feet (3048 mm) of clearance shall be available between the access opening and the edge of the roof or similar hazard, or rigidly fixed rails or guards a minimum of 42 inches (1067 mm) in height shall be provided on the exposed side. Where parapets or other building structures are utilized in lieu of guards or rails, they shall be a minimum of 42 inches (1067 mm) in height. [NFPA 54:9.4.3.3]

   Chapter 4 - Ventilation Air

      Section 403.7.2 Enclosed Parking Garages.

      Amend Section 403.7.2 to read as follows:

         403.7.2 Enclosed Parking Garages. Mechanical ventilation systems for enclosed parking garages shall operate continuously.

         Exceptions:

         (1)   Mechanical ventilation systems for enclosed parking garages shall be permitted to operate intermittently where the system is designed to operate automatically upon detection of vehicle operation or presence of occupants by approved automatic detection devices.

         (2)   Approved automatic carbon monoxide sensing devices and nitrogen dioxide detectors shall be permitted to modulate the ventilation system to not exceed a maximum average of 50 parts per million of carbon monoxide, or 1 part per million of nitrogen dioxide during an eight-hour period with a concentration of not more than 200 parts per million for carbon monoxide, or 5 parts per million nitrogen dioxide, for a period not exceeding 15 minutes. Automatic carbon monoxide sensing devices installed in modulated parking garage ventilation systems shall be approved in accordance with Section 301.2.

   Chapter 5 - Exhaust Systems

      Section 504.0 - Environmental Air Ducts.

      Revise Sections 504.4.1 and 504.4.2.1 to read as follows:

         504.4.1 Provisions for makeup air. Make up air shall be provided for Type 1 clothes dryers in accordance with the manufacturer's instructions. [NFPA 54:10.4.3.1] Where a closet is designed for the installation of a clothes dryer, an opening of not less than 100 square inches for makeup air shall be provided by approved means. 100 square inches for makeup air must be provided by means of permanent openings. Vents, louvers, or other openings in doors, or infiltration around doors shall not be considered in the calculations of the required makeup air.

      Section 504.4.2.1 Length Limitation.

      Amend Section 504.4.2.1 to read as follows:

         504.4.2.1 Length Limitation. Domestic dryer moisture exhaust ducts shall not exceed a total combined horizontal and vertical length of 14 feet (4267 mm), including two 90 degree (1.57 rad) elbows. A length of 2 feet (610 mm) shall be deducted for each 90- degree (1.57 rad) elbow in excess of two.

         Exceptions: Where an exhaust duct power ventilator, in accordance with Section 504.4.2.3, is used, the maximum length of the dryer exhaust duct shall be permitted to be in accordance with the dryer exhaust duct power ventilator manufacturer's installation instructions.

         (1)   Where large-radius 45-degree (0.8 rad) and 90-degree (1.6 rad) bends are installed, determination of the equivalent length of clothes dryer exhaust duct for each bend by engineering calculation in accordance with ASHRAE Fundamentals Handbook shall be permitted.

         (2)   Dryer exhaust duct lengths may be increased when justified by calculations prepared and stamped by a Nevada Licensed Mechanical engineer.

      Section 505.10 Makeup Air.

      Amend Section 505.10 to read as follows:

         505.10 Makeup Air. Makeup air shall be provided to replenish air exhausted by the ventilator system. Exhaust hood systems capable of exhausting in excess of 600 cfm (0.28 m3/s) shall be provided with makeup air at a rate approximately equal to the exhaust air rate. Such makeup air systems shall be equipped with a means of closure and shall be automatically controlled to start and operate simultaneously with the exhaust system. Makeup air intakes shall be located so as to avoid recirculation of contaminated air within enclosures.

      Section 508.3.5.4 Evaporative Cooling Systems Used As Make Up Air Systems.

      Add Section 508.3.5.4 to read as follows:

         508.3.5.4.1 Evaporative Cooling Systems. Evaporative cooling systems will comply with this chapter. Evaporative coolers shall not be used for makeup air units on commercial kitchen hoods and kitchen ventilation systems.

         Exception: Evaporative cooling systems that are part of a listed heating air system for kitchen make up air systems. The temperature differential between the makeup air and the air in the conditioned space shall not exceed 10ºF. (6ºC.) except where the added heating and cooling load of makeup air do not exceed the capacity of the HVAC system.

      Section 511.2.2.2 Capture And Containment Test.

      Amend Section 511.2.2.2 to read as follows:

         Section 511.2.2.2 Capture and Containment Test. The permit holder shall verify the capture and containment performance of Type I hoods. A field test shall be conducted with all appliances under the hood at operating temperatures, all the hoods operating at design airflows, and with all sources of replacement air operating at design airflows for the restaurant. Capture and containment shall be verified visually by observing smoke or steam produced by actual cooking operation or by simulating cooking using devices such as smoke candles or smoke puffers. Smoke bombs shall not be used [ASHRAE 154: 4.7.2]

         Exception: Capture and containment test not required if hood is UL and NFPA listed and manufacturer's data lists the individual equipment below hood.

   Chapter 6 - Duct Systems

      Section 605.1 General.

      Amend Section 605.1 to read as follows:

         605.1 General. Insulation material on the exterior of ducts shall be legibly printed with the name of the manufacturer, the thermal resistance (R) value at installed thickness, flame-spread index, and smoke developed index of the composite material. Internal duct liners and insulation shall be installed in accordance with SMACNA HVAC Duct Construction Standards - Metal and Flexible. Supply-air ducts, return airducts, and plenum of a heating or cooling system shall be insulated to achieve the minimum thermal (R) value in accordance with the 2024 International Energy Conservation Code Section R403.3 for residential and C403.13.1 for commercial.

      Section 609.1 Air-Moving Systems and Smoke Detectors.

      Amend Section 609.1 to read as follows:

         609.1 Air-Moving Systems and Smoke Detectors. Air-moving systems supplying air in excess of 2000 cubic feet per minute (ft³/min) (0.9439 m³/s) to enclosed spaces within buildings shall be equipped with an automatic shutoff. Automatic shutoff shall be accomplished by interrupting the power source of the air-moving equipment upon detection of smoke in the main return-air duct or plenum upstream of any filters, exhaust air connections, outdoor air connections, or decontamination equipment and appliance air duct served by such equipment. Duct smoke detectors shall comply with UL 268A and shall be installed in accordance with NFPA 72 and the manufacturer's installation instructions. Such devices shall be compatible with the operating velocities, pressures, temperatures, and humidities of the system. Where fire-detection or alarm systems are provided for the building, the smoke detectors shall be supervised by such systems in an approved manner.

      Section 610 Performance Test for Automatic Shutoffs

      Add Section 610 to read as follows:

         610.0 Performance Test for Automatic Shutoffs.

         610.1 General. Upon completion and before final approval of the air-moving system, provide with the required smoke detectors, a performance test shall be performed to verify compliance of detector installation to manufacturer's instructions and system compatibility as specified in this chapter. The permittee shall furnish the necessary test equipment and devices required to perform the tests and shall provide the jurisdiction with an accurate, completed, and signed test report. The report shall provide the jurisdiction a form containing equivalent information. At the discretion of the Authority Having Jurisdiction, the performance test may be required to be witnessed by the Authority Having Jurisdiction or performed by an approved third-party testing agency.

   Chapter 7 - Combustion Air

      Section 701.13 - Prohibited Openings.

      Add a new Section 701.13 as follows:

         701.13 Prohibited Openings. Vents, louvers, other openings in doors, or infiltration around doors is prohibited in the calculation of the required combustion air.

   Chapter 9 - Installation Of Specific Appliances

      Section 939 Electric Sauna Heaters

      Amend Section 939 to read as follows:

      939.0 Sauna Heaters.

      939.1 Electric Sauna Heaters. Sauna heaters shall comply with UL 875 and shall be installed in accordance with the manufacturer's installation instructions. Approved guards or barriers shall be installed to prevent accidental contact with the sauna heater. Ventilation shall be provided in accordance with its listing and combustion air for gas-fired sauna heaters shall comply with chapter 7.

   Chapter 13 - Fuel Gas Piping

      Section 1301.1 Applicability.

      Amend Section 1301.1 to read as follows:

         1301.1 Applicability. The regulations of this chapter shall govern the installation of fuel gas piping in or in connection with a building, structure or within the property lines of premises up to 5 pounds-force per square inch (psi) (34 kPa) for natural gas and 10 psi (69 kPa) for undiluted propane, other than service pipe.

         Whenever there is a conflict between this code and NFPA 54 and NFPA 58 as adopted by the Nevada LP-Gas Board for LP-Gas installations, the adopted codes of the Nevada LP-Gas Board shall govern.

      Section 1313.3 Test Pressure.

      Amend Section 1313.3 to read as follows:

         1313.3 Test Pressure. This inspection shall include an air, CO2, or nitrogen pressure test, at which time the gas piping shall stand a pressure of not less than 25 psi (172.4 kPa) gauge pressure. Test pressures shall be held for a length of time satisfactory to the Authority Having Jurisdiction but in no case less than 30 minutes with no perceptible drop in pressure. For welded piping, and for piping carrying gas at pressures in excess of 14 inches water column (3.5 kPa) pressure, the test pressure shall be not less than 60 psi (414 kPa) and shall be continued for a length of time satisfactory to the Authority Having Jurisdiction, but in no case for less than 30 minutes. These tests shall be made using air, CO2, or nitrogen pressure and shall be made in the presence of the Authority Having Jurisdiction. Necessary apparatus for conducting tests shall be furnished by the permit holder. Test gauges used in conducting test shall be in accordance with Section 318.0. Section 1303.3.3.1 through Section 1303.3.3.4. This test shall be made before any fixtures, or appliances have been attached and before being concealed.

      Section 1313.5.1 Turning Gas On.

      Section 1313.5.1 shall continue to read as follows:

         1313.5.1 Turning Gas On. During the process of turning gas on into a system of new gas piping or portion of a gas system that has been restored after an interruption of service, the entire system shall be inspected to determine that there are no open fittings or ends and that all valves at unused outlets are closed and plugged or capped. [NFPA 54:8.2.2]

         1313.5.1.1 During the process of turning gas on into a system of new gas piping or into a system or portion of a gas system that has been restored after an interruption of service; in the City of Elko a manometer test shall be made after all valves, unions, connectors and piping to the appliances are complete. A pressure test shall be made with the use of a manometer gauge measuring inches of water column. With all valves including gas cock and gas control valves in the open position, a pressure of at least eleven (11) to fifteen (15) inches of water column shall be measured for at least fifteen (15) minutes with no perceptible drop in pressure.

         1313.5.1.2 For medium pressure gas systems: Where the appliance is rated for seven (7) to eleven (11) inches of water column, a manometer test of eleven (11) to fifteen (15) inches of water column will be conducted between the pressure regulating valve and the appliance and shall be measured for at least fifteen (15) minutes with no perceptible drop in pressure.

         1313.5.1.3 For appliances or equipment requiring pounds of gas pressure: A pressure test using a pressure gauge measuring in one tenth (1/10) increments shall be conducted on the gas train of that appliance or equipment. The pressure shall be equal to the appliance's normal operating pressure for a period of thirty (30) minutes with no perceptible drop in pressure.

         1313.5.1.4 Manometer testing. Manometer testing shall be performed by a person holding a valid City of Elko manometer tester card for which the number is to be provided at the time of request for inspection. A manometer test does not need to be reported when the serving gas utility performs a manometer or clock test prior to providing service.

(Ord. 760, 9-11-2012; amd. Ord. 839, 6-11-2019; Ord. 907, 12-9-2025)

   A.   Title: This Chapter 5 shall be known as the PLUMBING CODE OF THE CITY OF ELKO, (hereinafter referred to as the "Elko Plumbing Code"). It adopts the 2024 Uniform Plumbing Code (UPC) published by the International Association of Plumbing and Mechanical Officials (IAPMO) and selected administrative provisions, with certain modifications.

   Chapter 1 - Administration

   Chapter 1 is deleted, except for Section 101.0 entitled "Title" and Section 102.0 entitled "Purpose," and replaced with Title 2, Chapter 1 of the Code, entitled "Building Regulations Administrative Code."

   Chapter 2 - Definitions

      Section 216.0 N.

      Add a new definition to Section 216.0 to be placed in alphabetical order, to read as follows:

      Non-Combustible Materials. Materials that, when tested in accordance with ASTM E136, have at least three of four specimens tested meeting all of the following criteria:

         1.   The recorded temperature of the surface and interior thermocouples shall not at any time during the test rise more than 54ºF (30ºC) above the furnace temperature at the beginning of the test.

         2.   There shall not be flaming from the specimen after the first 30 seconds.

         3.   If the weight loss of the specimen during testing exceeds 50 percent, the recorded temperature of the surface and interior thermocouples shall not at any time during the test rise above the furnace air temperature at the beginning of the test, and there shall not be flaming of the specimen.

      Section 218.0 P.

      Delete the definition of "Penetration Firestop System" from Section 218.0.

      Section 222.0 T.

      Delete the definition of "T Rating" from Section 222.0.

   Chapter 3 - General Regulations

      Section 312.7 Fire-Resistant Construction.

      Amend Section 312.7 to read as follows:

         312.7 Fire Resistant Construction. Piping penetrations of fire resistance rated walls, partitions, floors, floor/ceiling assemblies, roof/ceiling assemblies, or shaft enclosures shall be protected in accordance with the requirements of the building code.

   Chapter 4 - Plumbing Fixtures and Fixture Fittings

      Section 422.0 Minimum Number of Required Fixtures.

      Replace Section 422.0 with the following:

      Shall comply with 2024 International Building Code Chapter 29.

      Table 422.1 Minimum Plumbing Facilities

      Replace Table 422.1 with the following:

      Shall comply with 2024 International Building Code Table 2902.1

   Chapter 6 - Water Supply and Distribution

      Section 609.1 Installation.

      Amend Section 609.1 to read as follows:

         609.1 Installation. Water piping shall be adequately supported in accordance with Table 313.3. Burred ends shall be reamed to the full bore of the pipe or tube. Changes in direction shall be made by the appropriate use of fittings, except that changes in direction in copper or copper alloy tubing shall be permitted to be made with bends, provided that such bends are made with bending equipment that does not deform or create a loss in the cross-sectional area of the tubing. Changes in direction are allowed with flexible pipe and tubing without fittings in accordance with the manufacturer's instructions. Provisions shall be made for expansion in hot-water piping. Piping, equipment, appurtenances, and devices shall be installed in a workmanlike manner in accordance with the provisions and intent of the code. Building supply yard piping shall be not less than 6 inches (152 mm) below the average local frost depth. The cover shall be not less than 12 inches (305 mm) below finish grade.

   Chapter 7 - Sanitary Drainage

      Section 712.1 Media.

      Amend Section 712.1 to read as follows:

         712.1 Media. The piping of the plumbing, drainage and venting systems shall be tested with water or air. The Authority Having Jurisdiction shall be permitted to require the removal of cleanouts, etc., to ascertain whether the pressure has reached all parts of the system. After the plumbing fixtures have been set and their traps filled with water, they shall be submitted to a final test.

      Section 717.1 General (Size of Building Sewers).

      Amend Section 717.1 to read as follows:

         717.1 General. The minimum size of a building sewer shall be determined on the basis of the total number of fixture units drained by such sewer, in accordance with Table 717.1. No building sewer shall be smaller than the building drain, or less than four (4) inches in diameter. For alternate methods of sizing building sewers, see Appendix C.

      Section 723.1 General (Building Sewer Test).

      Amend Section 723.1 to read as follows:

         723.1 General. Building sewers shall be tested by plugging the end of the building sewer at its points of connection with the public sewer or private sewage disposal system and completely filling the building sewer with water from the lowest to highest point thereof, or by approved equivalent low-pressure air test. The building sewer shall be watertight.

   Chapter 11 - Storm Drainage

      Section 1107.2 Methods of Testing Storm Drainage Systems.

      Amend Section 1107.2 to read as follows:

         1107.2 Methods of Testing Storm Drainage Systems. Except for outside leaders and perforated or open-jointed drain tile, the piping of storm drain systems shall be tested upon completion of the rough piping installation by water or air and proved tight. The Authority Having Jurisdiction shall be permitted to require the removal of cleanout plugs to ascertain whether the pressure has reached parts of the system. One of the following test methods shall be used in accordance with Section 1107.2.1 through Section 1107.2.3.

   Chapter 12 - Fuel Gas Piping

      Section 1201.1 Installation.

      Amend Section 1201.1 to read as follows:

         1201.1 Applicability. The regulations of this chapter shall govern the installation of fuel gas piping in or in connection with a building, structure or within the property lines of premises up to 5 pounds-force per square inch (psi) (34 kPa) for natural gas and 10 psi (69 kPa) for undiluted propane, other than service pipe. Fuel oil piping systems shall be installed in accordance with NFPA 31. Whenever there is a conflict between this code and NFPA 54 and NFPA 58 as adopted by the Nevada LP-Gas Board for LP-Gas installations, the adopted codes of the Nevada LP-Gas Board shall govern.

      Section 1208.6.1.3 Snow Hazard.

      Amend Section 1208.6.1.3 to 1208.6 to read as follows:

         1208.6.1.3 Snow Hazard: Protection of utilities against snow hazards shall comply with applicable requirements of local utilities, subject to approval by the City.

      Section 1213.3 Test Pressure.