Sioux Falls City Zoning Code
CHAPTER 150
BUILDING
§ 150.001 ADOPTED.
(a) The International Residential Code, 2021 edition, including Appendix AE, Appendix AG, Appendix AH, and Appendix AQ as published by the International Code Council Inc. as amended, is hereby adopted as the residential building code by the city for regulating the design, construction, quality of materials, erection, installation, alteration, movement, repair, equipment, use and occupancy, location, removal, and demolition of detached one- and two-family dwellings and town houses not more than three stories in height with a separate means of egress and their accessory structures not more than three stories in height, and provides for the issuance of permits and the collection of fees therefor.
(b) The adoption of the International Residential Code, 2021 edition, will become effective January 1, 2022. The minimum building standards in the 2021 edition of the International Residential Code and amendments thereto shall be applied to any building permit issued after December 31, 2021.
(c) The city shall publish this ordinance, without attachments, after its passage. The attachments are on file and available for inspection at the office of the city clerk.
(1992 Code, § 11-1) (Ord. 114-01, passed 12-10-2001; Ord. 23-04, passed 3-1-2004; Ord. 30-07, passed 2-20-2007; Ord. 18-10, passed 3-1-2010; Ord. 101-12, passed 12-18-2012; Ord. 126-15, passed 12-15-2015; Ord. 29-19, passed 3-19-2019; Ord. 141-21, passed 11-16-2021)
§ 150.002 AMENDMENTS, ADDITIONS, AND DELETIONS TO THE 2021 INTERNATIONAL RESIDENTIAL CODE.
The following sections and subsections of the 2021 International Residential Code adopted in this subchapter shall be amended, added, or not adopted by the city as follows. All other sections or subsections of the 2021 International Residential Code as published shall remain the same.
R101.1 Title. These provisions shall be known as the residential code for one- and two-family dwellings of the city of Sioux Falls and shall be cited as such and will be referred to herein as “this code.”
R101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal, and demolition of detached one- and two-family dwellings and town houses not more than three stories above grade plane in height with a separate means of egress and their accessory structures not more than three stories above grade plane in height.
Exception 1: The following shall be permitted to be constructed in accordance with this code where provided with an automatic sprinkler system complying with Section P2904:
1. A care facility with five or fewer persons receiving custodial care within a dwelling unit.
2. A care facility with five or fewer persons receiving medical care within a dwelling unit.
3. A care facility for five or fewer persons receiving care that are within a single- family dwelling.
Exception 2: The following shall be permitted to be constructed in accordance with this code. A fire sprinkler system if installed may be in accordance with Section P2904.
1. Live/work units located in townhouses and complying with the requirements of Section 419 of the International Building Code.
2 Owner-occupied lodging houses with five or fewer guestrooms.
Exception 3: Existing buildings undergoing repair, alteration or additions and change of occupancies may be permitted to comply with the International Existing Building Code.
R103.1 Creation of enforcement agency. Building services is hereby created and the official in charge thereof shall be known as the building official.
R103.2 Appointment. Not adopted by the city.
R104.8 Liability. The building official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered civilly or criminally liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties.
This code shall not be construed to relieve from or lessen the responsibility of any person owning, operating, or controlling any building or structure for any damages to persons or property caused by defects, nor shall the code enforcement agency or the city be held as assuming any such liability by reason of the inspection authorized by this code or any permits or certificates issued under this code.
R104.8.1 Legal defense. Any suit or criminal complaint instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be afforded all the protection provided by the city’s insurance pool and any immunities and defenses provided by other applicable state and federal law and defended by legal representatives of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit, or proceeding that is instituted in pursuance of the provisions of this code.
R105.1 Required. Any owner or owner’s authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert, or replace any electrical, gas, mechanical, or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit. The building official may exempt permits for minor work.
Exclusive of a homeowner, no person or firm shall be issued a building permit for residential building defined as owner-occupied one- and two-family dwellings, including accessory garages, until that person or firm has been issued a residential contractor’s license required by this chapter.
R105.2 Work exempt from permit. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:
Building:
1. Other than storm shelters, one-story detached accessory structures, provided that the floor area does not exceed 200 square feet (18.58 m2). A placement permit is required by the zoning division.
2. Fences not over 7 feet (2,134 mm) high. A fence permit is required by the zoning division.
3. Retaining walls that are not over 4 feet (1,219 mm) in height measured from the bottom of the grade elevation to the top of the wall, unless supporting a surcharge.
4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18,927 L) and the ratio of height to diameter or width does not exceed 2 to 1.
5. Sidewalks and driveways. A driveway permit is required by the zoning division. A sidewalk permit is required by the engineering division.
6. Painting, papering, tiling, carpeting, cabinets, countertops, and similar finish work.
7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep.
8. Swings and other playground equipment.
9. Window awnings supported by an exterior wall that do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support.
Electrical:
1. Listed cord-and-plug connected temporary decorative lighting.
2. Reinstallation of attachment plug receptacles but not the outlets therefor.
3. Replacement of branch circuit overcurrent devices of the required capacity in the same location.
4. Electrical wiring, devices, appliances, apparatus, or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy.
5. Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.
Gas:
1. Portable heating, cooking, or clothes drying appliances.
2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
3. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
Mechanical:
1. Portable heating appliances.
2. Portable ventilation appliances.
3. Portable cooling units.
4. Steam, hot- or chilled-water piping within any heating or cooling equipment regulated by this code.
5. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
6. Portable evaporative coolers.
7. Self-contained refrigeration systems containing 10 pounds (4.54 kg) or less of refrigerant or that are actuated by motors of 1 horsepower (746 W) or less.
8. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves, or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes, or fixtures.
R106.1 Submittal documents. Submittal documents consisting of construction documents and other data shall be submitted with each application for a permit. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional.
Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that reviewing of construction documents is not necessary to obtain compliance with this code.
R106.1.6 Energy efficiency. Construction documents for detached one- and two-family dwellings and townhomes shall be provided with the intended R-value for the ceilings, walls, floors, basement walls (if finished), slab perimeter R-value and depth, and crawl space walls.
R106.1.7 Foundation reinforcement. Construction for detached one- and two-family dwellings and town houses shall be provided with the intended reinforcement of foundation walls referenced in Tables R404.1.1(2), R404.1.1(3), and R404.1.1(4) for reinforced masonry foundation walls; Tables R404.1.2(2), R404.1.2(3), R404.1.2(4), and R404.1.1(8) for flat concrete foundation walls; Tables 404.1.2(5) and R404.1.2(6) for waffle-grid basement walls; and Table R404.1.2(7) for screed-grid basement walls where the foundation wall exceeds the provisions for plain masonry and concrete foundation walls.
R106.2 Site plan or plot plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing the size and location of new construction and existing structures on the site and distances from lot lines. Site plans for new dwellings are required to specify the corner pin elevations and the minimum ground elevation (MGE) which designates the elevation of the top of the black dirt under the grass, or the top of the landscape rock or other landscape material at the lowest exposed part of the house. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan where the application for permit is for alteration or repair or where otherwise warranted.
R106.3.1 Approval of construction documents. Where the building official issues a permit, the construction documents shall be approved. One set of construction documents so reviewed shall be retained by the building official.
R108.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required in accordance with the schedule as established by the city.
The fee for each residential building permit shall be set forth in Table 1-A, and other inspections and fees shall be in accordance with Table 1-C.
Table No. 1-A. Residential Building Permit Fees | |
Group R Division 3 | |
(Including Congregate Residences Defined as R-3 and Accessory Group U Occupancies) | |
Total Valuation | Fee |
Table No. 1-A. Residential Building Permit Fees | |
Group R Division 3 | |
(Including Congregate Residences Defined as R-3 and Accessory Group U Occupancies) | |
Total Valuation | Fee |
$1.00 to $4,000.00 | $40 |
$4,000.01 to $25,000.00 | For valuations in excess of $4,000, $32.50 for the first $2,000, plus $6 for each additional $1,000 or fraction thereof, to and including $25,000 |
$25,000.01 to $50,000.00 | $170.50 for the first $25,000, plus $4.50 for each additional $1,000 or fraction thereof, to and including $50,000 |
$50,000.01 to $100,000.00 | $283 for the first $50,000, plus $3 for each additional $1,000 or fraction thereof, to and including $100,000 |
$100,000.01 and up | $433 for the first $100,000 plus $2.50 for each additional $1,000 or fraction thereof |
Table 1-C. Other Inspections and Fees |
Table 1-C. Other Inspections and Fees | |
1. Inspection outside of normal business hours, per hour* (minimum charge—one hour) | $200 |
2. Reinspection fees, per hour | $200 |
3. Inspections for which no fee is specifically indicated, per hour* (minimum charge-one-half hour) | $100 |
4. Additional plan review required by changes, additions, or revisions to approved plans, per hour* (minimum charge-one-half hour) | $100 |
* Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved. | |
5. Wrecking permit fees | $40 |
6. Residential reshingles | $40 |
7. Residential resides | $40 |
8. Residential window replacements with no structural modifications (Group R and U occupancies) | $40 |
9. Board of appeals fees: Before any action is taken by the board, the party or parties requesting such hearing shall deposit with the secretary of the board, or his or her authorized agent, the sum of $100 to cover the approximate cost of the procedure. Under no condition shall the sum or any part thereof be refunded for failure of the request to be approved. | $100 |
10. A mileage fee at the current rate per mile as established by the finance department shall be charged for any inspection occurring outside city limits. | |
11. Residential contractor's license examination fee | $75 |
12. Bond claims. An administrative fee shall be charged to cover the administrative cost of filing a claim | $250 |
13. Fee for late corrections. If corrections listed on an inspection report are not completed within the specified time, the inspector shall issue a correction order and assess a $100 administrative fee. The inspector shall also assess a reinspection fee. | $100 |
14. Fee for failure to request a required inspection. Where building construction work is completed without a request for an inspection, an administrative fee of $250.00 may be charged. | $250 |
R108.6 Work commencing before permit issuance. Any person who commences work requiring a permit on a building, structure, electrical, gas, mechanical, or plumbing system before obtaining the necessary permits shall be subject to a fee established by the applicable governing authority that shall be in addition to the required permit fees. Administrative citations and legal and/or civil proceedings may also be commenced.
R108.7 Delinquent accounts. The administrative authority may refuse to issue permits or conduct inspections for any person or business whose account is delinquent.
R109.1.1 Footing inspection. Inspection of the footing shall be made after poles or piers are set or trenches or basement areas are excavated and any required forms erected and any required reinforcing steel is in place and supported prior to the placing of concrete. The footing inspection shall include excavations for thickened slabs intended for the support of bearing walls, partitions, structural supports, or equipment and special requirements for wood foundations.
R109.1.3 Floodplain inspections. For construction in flood hazard areas as established by Chapter 156, Floodplain Management, upon placement of the lowest floor, including basement, and prior to further vertical construction, the floodplain administrator shall require submission of documentation, prepared and sealed by a registered design professional, of the elevation of the lowest floor, including basement, required in Chapter 156, Floodplain Management.
R109.1.6.1 Elevation documentation. If located in a flood hazard area, the documentation of elevations required in Chapter 156, Floodplain Management shall be submitted to the floodplain administrator or his designated official prior to the final inspection.
R110.1 Use and change of occupancy. A building or structure shall not be used or occupied in whole or part, and a change of occupancy or change of use of a building or structure or portion thereof shall not be made, until the building official has issued a certificate of occupancy therefor as provided herein and final inspections have been obtained from the electrical, mechanical, plumbing, and building inspection divisions of building services. An inspection placard shall be posted on the electrical panel, which is signed after final inspections have occurred by the electrical inspector, mechanical inspector, and plumbing inspector for new one- and two-family dwelling units and multiple single-family dwellings (town houses). Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the city. Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the city shall not be valid.
Exceptions:
1. Certificates of occupancy are not required for work exempt from permits under Section R105.2.
2. Accessory buildings or structures.
R110.6 Placards. Placards or inspection record tags placed on the job by the inspectors to indicate approval of the work inspected shall not be removed, except when authorized by the building official.
R112.1 General. In order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the application and interpretation of this code, to review all proposed changes to the respective codes and to submit recommendations to the responsible official and the city council, to review requests for house moves, to examine applicants for licensing, and to investigate matters brought before the board, there shall be and is hereby created a building board of appeals and examiners. The building official shall be an ex officio member of said board but shall not have a vote on any matter before the board. Members shall be appointed by the mayor with the consent of the council and shall hold office for a term of three years. The board shall adopt rules of procedure for conducting its business, and shall render decisions and findings in writing to the appellant with a duplicate copy to the building official and/or the fire marshal.
The board, in exercising its authority over house moving, may deny the building request or may require additional stipulations to be placed on the building permit to address the protection of the property values and neighborhood compatibility.
R112.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The board shall not have authority relative to the interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code.
R113.3 Prosecution of violation. If the notice of violation is not complied with in the time prescribed by such notice, the building official is authorized to request the legal counsel of the jurisdiction to deem the violation as a strict liability offense and institute the appropriate proceeding at law or in equity to restrain, correct, or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto.
Section R202. Definitions. Add the following definition.
STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited or failed to do an act which the defendant was legally required to do.
Table R301.2(1)
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
GROUND SNOW LOADo |
WIND DESIGN | SEISMIC DESIGN CATEGORYf |
SUBJECT TO DAMAGE FROM | ICE BARRIER UNDERLAYMENT REQUIREDh | FLOOD HAZAR DSg | AIR FREEZING INDEXi | MEAN ANNUAL TEMPj | |||||
Speedd (mph ) | Topographic effectsk | Special wind regionl | Wind- borne debris zone m | Weatheringa | Frost line depthb | Termitec | ||||||
40 psf | 112 | No | No | No | A | Severe | 42 inches (106 7 mm) | Slight to moderate | Yes | Sioux Falls entered the regular phase of the National Flood Insurance Program on September 17, 1979. | 3,000 | 46 degrees F |
MANUAL J DESIGN CRITERIAn
Elevation | Altitude correction factor | Coincident wet bulb | Indoor winter design dry-bulb temperature | Indoor winter design dry-bulb temperature | Outdoor winter design dry-bulb temperature | Heating temperature difference |
1418 | 0.95 | 72 degrees F | 70 degrees F | 70 degrees F | -11 degrees F | 81 degrees F |
Latitude | Daily range | Indoor summer design relative humidity | Indoor summer design relative humidity | Indoor summer design dry-bulb temperature | Outdoor summer design dry-bulb temperature | Cooling temperature difference |
43 degrees north | M | 50% relative humidity | 50% relative humidity | 75 degrees F | 90 degrees F | 15 degrees F |
For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s.
a. Where weathering requires a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code, the frost line depth strength required for weathering shall govern. The weathering column shall be filled in with the weathering index, "negligible," "moderate," or "severe" for concrete as determined from Figure R301.2(1). The grade of masonry units shall be determined from ASTM C34, ASTM C55, ASTM C62, ASTM C73, ASTM C90, ASTM C129, ASTM C145, ASTM C216, or ASTM C652.
b. Where the frost line depth requires deeper footings than indicated in Figure R403.1(1), the frost line depth strength required for weathering shall govern. The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade.
c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage.
d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R301.2(2)]. Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4.
e. The jurisdiction shall fill in this section of the table to establish the design criteria using Table 10A from ACCA Manual J or established criteria determined by the jurisdiction.
f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1.
g. The jurisdiction shall fill in this part of the table with the date of the jurisdiction's entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas); and the title and date of the currently effective Flood Insurance Study or other flood hazard study.
h. In accordance with Sections R905.1.2, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1, and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall fill in this part of the table with "NO."
i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) from Figure R403.3(2) or from the 100-year (99 percent) value on the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)."
j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)."
k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall indicate "NO" in this part of the table.
l. In accordance with Figure R301.2(2), where there is local historical data documenting unusual wind conditions, the jurisdiction shall fill in this part of the table with "YES" and identify any specific requirements. Otherwise, the jurisdiction shall indicate "NO" in this part of the table.
m. In accordance with Section R301.2.1.2 the jurisdiction shall indicate the wind-borne debris wind zone(s). Otherwise, the jurisdiction shall indicate "NO" in this part of the table.
n. The jurisdiction shall fill in these sections of the table to establish the design criteria using Table 1a or 1b from ACCA Manual J or established criteria determined by the jurisdiction.
o. The jurisdiction shall fill in this section of the table using the Ground Snow Loads in Figures R301.2(3) and R301.2(4).
Table R301.5
Minimum Uniformly Distributed Live Loads
(in pounds per square foot)
Use | Uniform Load (psf) | Concentrated Load (lb) |
Use | Uniform Load (psf) | Concentrated Load (lb) |
Uninhabitable attics without storage b | 10 | — |
Uninhabitable attics with limited storage b, g | 20 | — |
Habitable attics and attics served with fixed stairs | 30 | — |
Balconies (exterior) and decks e | 40 | — |
Fire escapes | 40 | — |
Guards | — | 200h, i |
Guardrails in-fill components f | — | 50h |
Handraild | 200h | — |
Passenger vehicle garages a | 50 a | 2,000h |
Rooms | 40 | — |
Stairs | 40 c | 300c |
For SI: 1 inch = 25.4 mm, 1 pound per square foot = 0.0479 kPa, 1 square inch = 645 mm2, 1 pound = 4.45N.
a. Elevated garage floors shall be capable of supporting the uniformly distributed live load or a 2,000-pound concentrated load applied on an area of 4 1/2 inches by 4 1/2 inches, whichever produces the greater stresses.
b. Uninhabitable attics without storage are those where the clear height between joists and rafters is not more than 42 inches, or where there are not two or more adjacent trusses with web configurations capable of accommodating an assumed rectangle 42 inches in height by 24 inches in width, or greater, within the plane of the trusses. This live load need not be assumed to act concurrently with any other live load requirements.
c. Individual stair treads shall be capable of supporting the uniformly distributed live load or a 300-pound concentrated load applied on an area of 2 inches by 2 inches, whichever produces the greater stresses.
d. A single concentrated load applied in any direction at any point along the top. For a guard not required to serve as a handrail, the load need not be applied to the top element of the guard in a direction parallel to such element.
e. See Section R507.1 for decks attached to exterior walls.
f. Guard in-fill components (all those except the handrail), balusters, and panel fillers shall be designed to withstand a horizontally applied normal load of 50 pounds on an area equal to 1 square foot. This load need not be assumed to act concurrently with any other live load requirement.
g. Uninhabitable attics with limited storage are those where the clear height between joists and rafters is 42 inches or greater, or where there are two or more adjacent trusses with web configurations capable of accommodating an assumed rectangle 42 inches in height by 24 inches in width, or greater, within the plane of the trusses. The live load need only be applied to those portions of the joists or truss bottom chords where all of the following conditions are met:
1. The attic area is accessed from an opening not less than 20 inches in width by 30 inches in length that is located where the clear height in the attic is not less than 30 inches.
2. The slopes of the joists or truss bottom chords are no greater than 2 inches vertical in 12 units horizontal.
3. Required insulation depth is less than the joist or truss bottom chord member depth.
The remaining portions of the joists or truss bottom chords shall be designed for a uniformly distributed concurrent live load of not less than 10 pounds per square foot.
h. Glazing used in handrail assemblies and guards shall be designed with a load adjustment factor of 4. The load adjustment factor shall be applied to each of the concentrated loads applied to the top of the rail, and to the load on the in-fill components. These loads shall be determined independent of one another, and loads are assumed not to occur with any other live load.
i. Where the top of a guard system is not required to serve as a handrail, the single concentrated load shall be applied at any point along the top in the vertical downward direction and in the horizontal direction away from the walking surface. Where the top of a guard is also serving as the handrail, a single concentrated load shall be applied in any direction at any point along the top. Concentrated loads shall not be applied concurrently.
Table R302.1(1) Exterior Walls | |||
Exterior Wall Element | Minimum Fire-Resistance Rating | Minimum Fire Separation Distance | |
Table R302.1(1) Exterior Walls | |||
Exterior Wall Element | Minimum Fire-Resistance Rating | Minimum Fire Separation Distance | |
Walls | (Fire-resistance rated) | 1 hour – tested in accordance with ASTM E 119 or UL 263 or Section 703.3 of the International Building Code with exposure from both sides | 0 feet |
(Not fire-resistance rated) | 0 hours | 5 feet | |
Projections | Not allowed | N/A | < 2 feet |
(Fire-resistance rated) | 1 hour on the underside, or heavy timber or fire-retardant treated wooda, b | > 2 to < 3 feet | |
(Not fire-resistance rated) | 0 hours | > 3 feet | |
Openings | Not allowed | N/A | < 3 feet |
25% Maximum of wall area | 0 hours | 3 feet | |
Unlimited | 0 hours | 5 feet | |
Penetratio ns | All | Comply with Section R302.4 | < 3 feet |
None required | 3 feet | ||
For SI: 1 foot = 304.8 mm. N/A = Not Applicable | |||
a. The fire-resistance rating shall be permitted to be reduced to 0 hours on the underside of the eave overhang if fireblocking is provided from the wall top plate to the underside of the roof sheathing.
b. The fire-resistance rating shall be permitted to be reduced to 0 hours on the underside of the rake overhang where gable vent openings are not installed.
R302.2.2 Common walls. Common walls separating town house units shall be assigned a fire-resistance rating in accordance with Item 1 or 2 and shall be rated for fire exposure from both sides. Common walls shall extend to and be tight against the exterior sheathing of the exterior walls, or the inside face of exterior walls without stud cavities, and the underside of the roof sheathing. The common wall shared by two town house units shall be constructed without mechanical equipment, ducts or vents, other than water-filled fire sprinkler piping in the cavity of the common wall. Electrical installations shall be in accordance with the National Electric Code. Penetrations of the membrane of common walls for electrical outlet boxes shall be in accordance with Section R302.4. Plumbing installations shall be in accordance with the Uniform Plumbing Code. Membrane or through penetrations of common walls for plumbing systems shall be in accordance with Section 302.4.
1. Where an automatic sprinkler system in accordance with Section P2904 is provided, the common wall shall be not less than a 1-hour fire-resistance-rated wall assembly tested in accordance with ASTM E119, UL 263, or Section 703.3.2.2 of the International Building Code.
2. Where an automatic sprinkler system in accordance with Section P2904 is not provided, the common wall shall be not less than a 2-hour fire-resistance-rated wall assembly tested in accordance with ASTM E119, UL 263, or Section 703.3.2.2 of the International Building Code.
Exception: Common walls are permitted to extend to and be tight against the inside of the exterior walls if the cavity between the end of the common wall and the exterior sheathing is filled with a minimum of two 2-inch nominal thickness wood studs.
R302.2.3 Continuity. The fire-resistance-rated wall or assembly separating town house units shall be continuous from the foundation to the underside of the roof sheathing, deck, or slab. The fire-resistance rating shall extend the full length of the wall or assembly, including wall extensions through and separating attached enclosed accessory structures.
Exterior walls that extend beyond an adjacent structure that has a fire separation distance less than 5 feet (1,523 mm) to a common property line shall have not less than a one-hour fire rating with exposure from both sides with no openings allowed therein.
Projections such as a deck that have a fire separation distance of less than 3 feet (914 mm) to a common property line shall have a 1-hour fire rating with exposure from both sides with no openings allowed therein that extends at least 30 inches (762 mm) above the projection.
R302.3 Two-family dwellings. Dwelling units in two-family dwellings shall be separated from each other by wall and floor assemblies having not less than a 1-hour fire-resistance rating where tested in accordance with ASTM E119, UL 263, or Section 703.2.2 of the International Building Code. Such separation shall be provided regardless of whether a lot line exists between the two dwelling units or not. Fire-resistance-rated floor/ceiling and wall assemblies shall extend to and be tight against the exterior wall, and wall assemblies shall extend from the foundation to the underside of the roof sheathing.
Exception: A fire-resistance rating of 1/2 hour shall be permitted in buildings equipped throughout with an automatic sprinkler system installed in accordance with Section P2904.
R302.13 Fire protection of floors. Not adopted by the city.
R303.5.1 Intake openings. Mechanical and gravity outdoor air intake openings shall be located not less than 10 feet (3,048 mm) from any hazardous or noxious contaminant, such as vents, chimneys, plumbing vents, streets, alleys, parking lots, and loading docks.
For the purpose of this section, the exhaust from dwelling unit toilet rooms, bathrooms, and kitchens shall not be considered as hazardous or noxious.
Exceptions:
1. The 10-foot (3,048 mm) separation is not required where the intake opening is located 3 feet (914 mm) or greater below the contaminant source.
2. Vents and chimneys serving fuel-burning appliances shall be terminated in accordance with the applicable provisions of Chapters 18 and 24.
3. Clothes dryer exhaust ducts shall be terminated in accordance with Section M1502.3.
4. For equipment replacements on existing structures, gravity outdoor intake openings for combustion air shall be located a minimum of 3 feet (914 mm) from any hazardous or noxious contaminant.
R307.1 Space required. Fixtures shall be spaced in accordance with Figure R307.1.
R308.4.2 Glazing adjacent to doors. Glazing in an individual fixed or operable panel adjacent to a door shall be considered to be a hazardous location where the bottom exposed edge of the glazing is less than 60 inches (1524 mm) above the floor or walking surface and it meets either of the following conditions:
1. Where the glazing is within 24 inches (610 mm) of either side of the door in the plane of the door in a closed position.
2. Where the glazing is on a wall perpendicular to the plane of the door in a closed position and within 24 inches (610 mm) of the hinge side of an in-swinging door.
Exceptions:
1. Decorative glazing.
2. Where there is an intervening wall or other permanent barrier between the door and the glazing.
3. Where access through the door is to a closet or storage area 3 feet (914 mm) or less in depth. Glazing in this application shall comply with Section R308.4.3.
4. Glazing that is adjacent to the fixed panel of patio doors.
R309.5 Fire sprinklers. Not adopted by the city.
R310.2.1 Minimum size. Emergency and escape rescue openings shall have a net clear opening of not less than 5.0 square feet (0.465 m2).
R310.2.3 Maximum height from floor. Emergency escape and rescue openings shall have the bottom of the clear opening not greater than 48 inches (1,219 mm) above the floor.
R310.4.2 Ladder and steps. Area wells with a vertical depth greater than 48 inches (1,219 mm) shall be equipped with a permanently affixed ladder or steps. The ladder or steps shall not be obstructed by the emergency escape and rescue opening where the window or door is in the open position. Ladders or steps required by this section shall not be required to comply with Section R311.7.
R311.3.1 Floor elevations at the required egress doors. Landings or finished floors at the required egress door shall be not more than 1 1/2 inches (38 mm) lower than the top of the threshold.
Exception: The landing or floor on the exterior side shall be not more than 8 inches (202 mm) below the top of the threshold, provided the door does not swing over the landing or floor.
Where exterior landings or floors serving the required egress door are not at grade, they shall be provided with access to grade by means of a ramp in accordance with Section R311.8 or a stairway in accordance with Section R311.7.
R311.3.2 Floor elevations for other exterior doors. Doors other than the required egress door shall be provided with landings or floors not more than 8 inches (202 mm) below the top of the threshold.
Exception: A top landing is not required where a stairway of not more than two risers is located on the exterior side of the door, provided that the door does not swing over the stairway.
R311.7.5.1 Risers. The riser height shall be not more than 8 inches (202 mm). The riser shall be measured vertically between leading edges of the adjacent treads. The greatest riser height within any flight of stairs shall not exceed the smallest by more than 3/8 inch (9.5 mm). Risers shall be vertical or sloped from the underside of the nosing of the tread above at an angle not more than 30 degrees (0.51 rad) from the vertical. Open risers are permitted.
Exceptions:
1. The opening between adjacent treads is not limited on spiral stairways.
2. The riser height of spiral stairways shall be in accordance with Section R311.7.10.1.
R311.7.8 Handrails. Handrails shall be provided on not less than one side of each flight of stairs with four or more risers.
Exception: When the landing at the top of the stair is not required to have a guardrail.
R311.7.8.4 Continuity. Handrails for stairways shall extend for the full length of the flight from a point directly above the top riser of the flight to a point directly above the lowest riser of the flight. Handrail ends shall be returned toward a wall, guard, walking surface continuous to itself, or terminate to a post.
Exceptions:
1. Handrails shall be permitted to be interrupted by a newel post at the turn.
2. The use of a volute, turnout, starting easing, or starting newel shall be allowed over the lowest tread and over the top landing.
R311.7.8.5 Grip size. Required handrails shall be of one of the following types or provide equivalent graspability:
1. Type I. Handrails with a circular cross section shall have an outside diameter of not less than 1 1/4 inches (32 mm) and not greater than 2 inches (51 mm). If the handrail is not circular, it shall have a perimeter dimension of not less than 4 inches (102 mm) and not greater than 6 1/4 inches (160 mm) with a cross section of dimension of not more than 2 1/4 inches (57 mm). Edges shall have a radius of not less than 0.01 inch (0.25 mm).
2. Type II. Handrails with a perimeter greater than 6 1/4 inches (160 mm) shall have a graspable finger recess area on both sides of the profile. The finger recess shall begin within a distance of 3/4 inch (19 mm) measured vertically from the tallest portion of the profile and achieve a depth of not less than 5/16 inch (8 mm) within 7/8 inch (22 mm) below the widest portion of the profile. This required depth shall continue for not less than 3/8 inch (10 mm) to a level that is not less than 1 3/4 inches (45 mm) below the tallest portion of the profile. The width of the handrail above the recess shall be not less than 1 1/4 inches (32 mm) and not more than 2 3/4 inches (70 mm). Edges shall have a radius of not less than 0.01 inch (0.25 mm).
Exception: Exterior stairs are allowed to have a horizontal 2X member to form a 1 1/2-inch graspable dimension in lieu of the above-referenced perimeter dimensions.
R312.1.3 Opening limitations. Required guards shall not have openings from the walking surface to the required guard height that allow passage of a sphere 5 inches (127 mm) in diameter.
Exception: The triangular openings at the open side of stair, formed by the riser, tread, and bottom rail of a guard, shall not allow passage of a sphere 6 inches (153 mm) in diameter.
R312.2.1 Window opening height. In dwelling units, where the bottom of the clear opening of an operable window opening is located less than 24 inches (610 mm) above the finished floor and greater than 72 inches (1829 mm) above the finished grade or other surface below on the exterior of the building, the operable window shall comply with one of the following:
1. Operable window openings will not allow a 5-inch-diameter (102 mm) sphere to pass through where the openings are in their largest opened position.
2. Operable windows are provided with window opening control devices or fall prevention devices that comply with ASTM F2090.
R313.1 Town house automatic fire sprinkler systems. Not adopted by the city.
R313.1.1 Design and installation. When an automatic sprinkler system for town houses is installed, it shall be designed and installed in accordance with Section P2904 or NFPA 13D.
R313.2 One- and two-family dwellings automatic fire systems. Not adopted by the city.
R313.2.1 Design and installation. When automatic sprinkler systems are installed, it shall be designed and installed in accordance with Section P2904 or FPA 13D.
R314.2.2 Alterations, repairs, and additions. Where alterations, repairs, or additions requiring a permit occur with a valuation of more than $1,000, the individual dwelling unit shall be equipped with smoke alarms located as required for new dwellings.
Exceptions:
1. Work involving the exterior surfaces of dwellings, such as the replacement of roofing or siding, the addition or replacement of windows or doors, or the addition of a porch or deck.
2. Installation, alteration, or repairs of plumbing or mechanical systems.
R314.3 Location. Smoke alarms shall be installed in the following locations:
1. In each sleeping room.
2. Outside each separate sleeping area in the immediate vicinity of the bedrooms.
3. On each additional story of the dwelling, including basements and habitable attics and not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level.
4. Not less than 3 feet (914 mm) horizontally from the door or opening of a bathroom that contains a bathtub or shower unless this would prevent placement of a smoke alarm required by this section.
5. In the hallway and in the room open to the hallway in dwelling units where the ceiling height of a room open to a hallway serving bedrooms exceeds that of the hallway by 24 inches (610 mm) or more.
Exception. Hallways less than 4 feet (1,220 mm) in length are allowed to omit the smoke detector within the hallway adjacent to the bedrooms.
R314.4 Interconnection. Where more than one smoke alarm is required to be installed within an individual dwelling unit in accordance with Section R314.3, the alarm devices shall be interconnected in such a manner that the actuation of one alarm will activate all of the alarms in the individual dwelling unit. Physical interconnection of smoke alarms shall not be required where listed wireless alarms are installed and all alarms sound upon activation of one alarm.
Exception: Interconnection of smoke alarms in existing areas shall not be required where alterations or repairs do not result in removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space, or basement available that could provide access for interconnection without the removal of interior finishes.
R315.2.2 Alterations, repairs, and additions. Where alterations, repairs, or additions requiring a permit occur with a valuation of more than $1,000, the individual dwelling unit shall be equipped with carbon monoxide alarms located as required for new dwellings.
Exceptions:
1. Work involving the exterior surfaces of dwellings, such as the replacement of roofing or siding, or the addition or replacement of windows or doors, or the addition of a porch or deck.
2. Installation, alteration, or repairs of plumbing systems.
3. Installation, alteration, or repairs of mechanical systems that are not fuel fired.
R326.3 Story above grade plane. A habitable attic shall be considered a story above grade plane.
Exceptions: A habitable attic shall not be considered to be a story above grade plane provided that the habitable attic meets all the following:
1. The aggregate area of the habitable attic is either of the following:
1.1. Not greater than one-third of the floor area of the story below.
1.2. Not greater than one-half of the floor area of the story below where the habitable attic is located within a dwelling unit equipped with a fire sprinkler system in accordance with Section P2904.
2. The occupiable space is enclosed by the roof assembly above, knee walls, if applicable, on the sides and the floor-ceiling assembly below.
3. The floor of the habitable attic does not extend beyond the exterior walls of the story below.
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 unless the frozen condition is permanent.
Exceptions:
1. Protection of freestanding accessory structures with an area of 1,500 square feet (139 m2) or less, of light-frame construction, with an eave height of 10 feet (3,048 mm) or less shall not be required.
2. Protection of freestanding accessory structures with an area of 400 square feet (37 m2) or less, of other than light-frame construction, with an eave height of 10 feet (3,048 mm) or less shall not be required.
R502.3.1 Sleeping areas and attic joists. Table R502.3.1(1) shall be used to determine the maximum allowable span of floor joists that support sleeping areas and attics that are accessed by means of a fixed stairway in accordance with Section R311.7, provided that the design live load does not exceed 40 pounds per square foot (1.92 kPa) and the design dead load does not exceed 20 pounds per square foot (0.96 kPa). The allowable span of ceiling joists that support attics used for limited storage or no storage shall be determined in accordance with Section R802.5.
R506.2.3 Vapor retarder. A minimum 6-mil (0.006 inch; 0.152 mm) vapor retarder conforming to ASTM E1745 Class A requirements with joints lapped not less than 6 inches (152 mm) shall be placed between the concrete floor slab and the base course or the prepared subgrade where a base course does not exist.
Exception: The vapor retarder is not required for the following:
1. Garages, utility buildings, and other unheated accessory structures.
2. For unheated storage rooms having an area of less than 70 square feet (6.5 m2) and carports.
3. Driveways, walks, patios, and other flatwork not likely to be enclosed and heated at a later date.
4. Where approved by the building official, based on local site conditions.
R507.3 Footings. Decks shall be supported on concrete footings or other approved structural systems designed to accommodate all loads in accordance with Section R301. Deck footings shall be sized to carry the imposed loads from the deck structure to the ground as shown in Figure R507.3.
Exception: Decks not supported by a dwelling need not be provided with footings that extend below the frost line.
R602.10.1.2 Location of braced wall lines and permitted offsets. Each braced wall line shall be located such that no more than two-thirds of the required braced wall panel length is located to one side of the braced wall line. Braced wall panels shall be permitted to be offset not more than 4 feet (1,219 mm) from the designated braced wall line. Braced wall panels parallel to a braced wall line shall be offset not more than 4 feet (1,219 mm) from the designated braced wall line location as shown in Figure R602.10.1.1.
Exterior walls parallel to a braced wall line shall be offset not more than 4 feet (1,219 mm) from the designated braced wall line location as shown in Figure R602.10.1.1.
Interior walls used as bracing shall be offset not more than 4 feet (1,219 mm) from a braced wall line through the interior of the building as shown in Figure R602.10.1.1.
Exception: The offset out-of-plane may exceed 4 feet (1,219 mm) and the out-to-out offset dimension may exceed 8 feet (2,438 mm) if the area of the offset is less than 200 square feet (18.6 m2).
R602.12 Simplified wall bracing. Buildings meeting all of the conditions listed below shall be permitted to be braced in accordance with this section as an alternate to the requirements of Section R602.10. The entire building shall be braced in accordance with this section; the use of other bracing provisions of Section R602.10, except as specified herein, shall not be permitted.
1. There shall be not more than three stories above the top of a concrete or masonry foundation or basement wall. Permanent wood foundations shall not be permitted.
2. Floors shall not cantilever more than 24 inches (607 mm) beyond the foundation or bearing wall below.
3. Wall height shall not be greater than 12 feet (3,658 mm).
4. The building shall have a roof eave-to-ridge height of 20 feet (6,096 mm) or less.
5. Exterior walls shall have gypsum board with a minimum thickness of 1/2 inch (12.7 mm) installed on the interior side fastened in accordance with Table R702.3.5.
6. The structure shall be located where the ultimate design wind speed is less than or equal to 130 mph (58 m/s) and the exposure category is B or C.
7. The structure shall be located in Seismic Design Category A, B, or C for detached one- and two-family dwellings or Seismic Design Category A or B for town houses.
8. Cripple walls shall not be permitted in three-story buildings.
R806.2 Minimum vent area. The minimum net free ventilating area shall be 1/150 of the area of the vented space.
Exception: The minimum net free ventilation area shall be 1/300 of the vented space provided one or more of the following conditions are met:
1. In Climate Zones 6, 7, and 8, a Class I or II vapor retarder is installed on the warm-in-winter side of the ceiling.
2. Not less than 40 percent and not more than 50 percent of the required ventilating area is provided by ventilators located in the upper portion of the attic or rafter space. Upper ventilators shall be located not more than 3 feet (914 mm) below the ridge or highest point of the space, measured vertically. The balance of the required ventilation provided shall be located in the bottom one-third of the attic space. Where the location of wall or roof framing members conflicts with the installation of upper ventilators, installation more than 3 feet (914 mm) below the ridge or highest point of the space shall be permitted.
N1101.2 (R101.3) Intent. This chapter shall regulate the design and construction of buildings for the effective use and conservation of energy over the useful life of each new building. Additions, alterations, renovations, or repairs to an existing building, building system, or portion thereof may conform to the provisions of this code as they relate to new construction without requiring the unaltered portion(s) of the existing building or building system to comply with this code. This chapter is intended to provide flexibility to permit the use of innovative approaches and techniques to achieve this objective. This chapter is not intended to abridge safety, health, or environmental requirements contained in other applicable codes or ordinances.
N1101.13 (R401.2) Application. Not adopted by the city.
N1101.14 (R401.3) Certificate. Not adopted by the city.
TABLE N1102.1.3 (R402.1.3) INSULATION MINIMUM R-VALUES AND FENESTRATION REQUIREMENTS BY COMPONENTa | ||||||||||
Climate Zone | Fenestratio n U-Factorb, i | Skylightb U-Factor | Glazed Fenestration SHGC b, e | Ceiling R-Valuek | Wood Frame Wall R-Valueg | Mass Wall R-Valueh |
Floor R-Value | Basementc, g Wall R-Value | Slabd R-Value | Crawl Spacec, g Wall R- Value |
TABLE N1102.1.3 (R402.1.3) INSULATION MINIMUM R-VALUES AND FENESTRATION REQUIREMENTS BY COMPONENTa | ||||||||||
Climate Zone | Fenestratio n U-Factorb, i | Skylightb U-Factor | Glazed Fenestration SHGC b, e | Ceiling R-Valuek | Wood Frame Wall R-Valueg | Mass Wall R-Valueh |
Floor R-Value | Basementc, g Wall R-Value | Slabd R-Value | Crawl Spacec, g Wall R- Value |
6 | 0.32 | 0.55 | NR | 49 | 20 or 13 + 5 h |
15/19 | 30g |
10/13 | 10, 4 ft | 10/13 |
For SI: 1 foot = 304.8 mm NR = Not Required. | ||||||||||
a. R-values are minimums. U-factors and SHGC are maximums. Where insulation is installed in a cavity which is less than the label or design thickness of the insulation, the installed R-value of the insulation shall not be less than the R-value specified in the table. | ||||||||||
b. The fenestration U-factor column excludes skylights. The SHGC column applies to all glazed fenestration. Exception: Skylights may be excluded from glazed fenestration SHGC requirements in Climate Zones 1 through 3 where the SHGC for such skylights does not exceed 0.30. | ||||||||||
c. "5ci or 13" means R-5 continuous insulation (ci) on the interior or exterior surface of the wall or R-13 cavity insulation on the interior side of the wall. "10ci or 13" means R-10 continuous insulation (ci) on the interior or exterior surface of the wall or R-13 cavity insulation on the interior side of the wall. "15ci or 19 or 13 + 5ci" means R-15 continuous insulation (ci) on the interior or exterior surface of the wall; or R-19 cavity insulation on the interior side of the wall; or R-13 cavity insulation on the interior of the wall in addition to R-5 continuous insulation on the interior or exterior surface of the wall. "10/13" means R-10 continuous insulation on the interior or exterior of the home or R-13 cavity insulation on the interior of the basement wall. "15/19" means R-15 continuous insulation on the interior or exterior of the home or R-19 cavity insulation on the interior of the basement wall. Alternatively, compliance with "15/19" shall be R-13 cavity insulation on the interior of the basement wall plus R-5 continuous insulation on the interior or exterior of the home. | ||||||||||
d. R-5 insulation shall be provided under the full slab area of a heated slab in addition to the required slab edge insulation R-value for slabs, as indicated in the table. The slab edge insulation for heated slabs shall not be required to extend below the slab. | ||||||||||
e. There are no SHGC requirements in the Marine Zone. | ||||||||||
f. Basement wall insulation is not required in warm humid locations as defined by Figure N1101.7 and Table N1101.7. | ||||||||||
g. The first value is cavity insulation; the second value is continuous insulation. Therefore, as an example, "13 + 5" means R-13 cavity insulation plus R-5 continuous insulation. | ||||||||||
h. Mass walls shall be in accordance with Section N1102.2.5. The second R-value applies where more than half of the insulation is on the interior of the mass wall. | ||||||||||
i. A maximum U-factor of 0.32 shall apply in Climate Zones 3 through 8 to vertical fenestration products installed in buildings located either: 1. Above 4,000 feet in elevation; or 2. In windborne debris regions where protection of openings is required by Section R301.2.1.2. | ||||||||||
j. Alternatively, insulation sufficient to fill the framing cavity providing not less than an R-value of R-19. | ||||||||||
k. The minimum R-value for ceilings is further based on a minimum 6-inch (152 mm) heel height to allow the ceiling insulation to extend over the top plate. | ||||||||||
N1102.2.8.1 (R402.2.8.1) Basement wall insulation installation. Where basement walls are insulated, the insulation shall be installed from the top of the basement wall down to 10 feet (3,048 mm) below grade or to the basement floor, whichever is less.
Exception: Exterior basement walls of enclosed mechanical rooms.
N1102.4.1.2 (R402.4.1.2) Testing. Not adopted by the city.
N1102.4.1.3 (R402.4.1.3) Leakage rate. Not adopted by the city.
N1102.4.4 (R402.4.4) Rooms containing fuel-burning appliances. Not adopted by the city.
N1102.4.6 (R402.4.6) Electrical and communication outlet boxes (air-sealed boxes). Not adopted by the city.
N1103.3.1 (R403.3.1) Ducts located outside conditioned space. Supply and return ducts located outside conditioned space shall be insulated to an R-value of not less than R-8 for ducts 3 inches (76 mm) in diameter and larger and not less than R-6 for ducts smaller than 3 inches (76 mm) in diameter.
N1103.3.5 (R403.3.5) Duct testing (Mandatory). Not adopted by the city.
N1103.5 (R403.5) Service hot water systems. Energy conservation measures for service hot water systems shall be in accordance with the plumbing code.
N1103.6.3 (R403.6.3) Testing. Not adopted by the city.
N1104.1 (R404.1) Lighting equipment. Not adopted by the city.
N1109.2 (R501.2) Compliance. Additions, alterations, repairs or changes of occupancy to, or relocation of, an existing building, building system, or portion thereof may comply with Section N1110, N1111, N1112, or N1113, respectively, in this code. Changes where unconditioned space is changed to conditioned space shall comply with Section N1110.
N1110.1 (R502.1) General. Additions to an existing building, building system, or portion thereof may conform to the provisions of this chapter as they relate to new construction without requiring the unaltered portion of the existing building or building system to comply with this chapter. Additions shall not create an unsafe or hazardous condition or overload existing building systems. An addition shall be deemed to comply with this chapter where the addition alone complies, where the existing building and addition comply with this chapter as a single building, or where the building with the addition does not use more energy than the existing building. Additions shall be in accordance with Section N1110.2 or N1110.3.
N1111.1 (R503.1) General. Alterations to any building or structure may comply with the requirements of the code for new construction, without requiring the unaltered portions of the existing building or building system to comply with this chapter. Alterations shall be such that the existing building or structure is no less conforming with the provisions of this chapter than the existing building or structure was prior to the alteration.
Alterations to an existing building, building system, or portion thereof may conform to the provisions of this chapter as they relate to new construction without requiring the unaltered portions of the existing building or building system to comply with this chapter. Alterations shall not create an unsafe or hazardous condition or overload existing building systems. Alterations shall be such that the existing building or structure uses no more energy than the existing building or structure prior to the alteration. Alterations to existing buildings shall comply with Sections N1111.1.1 through N1111.1.4.
N1112.1 (R504.1) General. Buildings, structures, and parts thereof may be repaired in compliance with Section N1109.3 and this section. Work on nondamaged components necessary for the required repair of damaged components shall be considered part of the repair and shall not be subject to the requirements for alterations in this chapter. Routine maintenance required by Section N1109.3, ordinary repairs exempt from permit, and abatement of wear due to normal service conditions shall not be subject to the requirements for repairs in this section.
M1305.1.3.1 Ground clearance. Equipment and appliances supported from the ground shall be level and firmly supported on a concrete slab or other approved material extending not less than 1 ½ inches (38 mm) above the adjoining ground. Such support shall be in accordance with the manufacturer’s installation instructions. Appliances suspended from the floor shall have a clearance of not less than 6 inches (152 mm) from the ground.
M1305.1.3.3 Electrical requirements. A luminaire controlled by a switch located at the required passageway opening and a receptacle outlet shall be installed at or near the appliance location in accordance with National Electric Code. Exposed lamps shall be protected from damage by location or lamp guards.
M1502.4.2 Duct installation. Exhaust ducts shall be supported at 4-foot (1,219 mm) intervals and shall be secured in place. The insert end of the duct shall extend into the adjoining duct or fitting in the direction of airflow. Exhaust duct joints shall be sealed in accordance with Section M1601.4.1. Ducts shall not be joined with screws or similar fasteners that protrude into the inside of the duct. Where dryer exhaust ducts are enclosed in wall or ceiling cavities, such cavities shall allow the installation of the duct without deformation.
M1504.2 Duct length. The length of exhaust and supply ducts used with ventilating equipment shall not exceed the lengths determined in accordance with Table M1504.2 as revised.
Exception: Duct length shall not be limited where the duct system complies with the manufacturer’s design criteria or where the flow rate of the installed ventilating equipment is verified by the installer or approved third party using a flow hood, flow grid, or other airflow measuring device.
TABLE M1504.2
DUCT LENGTH
Fan airflow rating (CFM) | 0-80 | 81-125 | 126-200 | 201-300 | Over 300 |
Minimum duct diameter (inches) | 4 | 5 | 6 | 7 | 8
|
M1504.3 Exhaust openings. Air exhaust openings shall terminate as follows:
1. Not less than 3 feet (914 mm) from property lines.
2. Not less than 3 feet (914 mm) from gravity air intake openings, operable windows, and doors.
3. Not less than 10 feet (3048 mm) from mechanical air intake openings except where the exhaust opening is located not less than 3 feet (914 mm) above the air intake opening. Openings shall comply with Sections R303.5.2 and R303.6.
4. Minimum clearance between the exhaust and intake openings of an HRV/PRV system shall be in accordance with the manufacturer's installation instructions.
M1505.4 Whole-house mechanical ventilation system. Whole-house mechanical ventilation systems shall be designed in accordance with Sections M1505.4.1 through M1505.4.4.
Exceptions:
1. A bathroom exhaust fan shall operate continuously at a minimum rate of 20 cfm. A 6-inch-round passive makeup air shall be provided. If opening directly into the occupied space, such opening shall not decrease the comfort conditions of the occupied space. Such opening may also be used to provide combustion air for fuel-fired appliances if sized and designed for combustion air purposes. If opening into the mechanical room, permanent openings shall be provided between the mechanical room and occupied space to provide a path of travel for the air. The exhaust fan shall be located in the bathroom farthest away from the source of makeup air and shall be rated for 0.8 sones or less.
2. A 4-inch-round outdoor air duct connected to the return side of the air handler. The duct shall be insulated to a minimum R-6 and shall connect to the return duct within 8 feet of the air handler connection, not above a finished ceiling.
TABLE M1505.4.4
MINIMUM REQUIRED LOCAL EXHAUST RATES FOR ONE- AND TWO-FAMILY DWELLINGS
AREA TO BE EXHAUSTED | EXHAUST RATES
|
Bathrooms—Toilet Rooms | Mechanical exhaust capacity of 50 cfm intermittent or 20 cfm continuous |
Section M1506 Subslab Soil Exhaust Systems.
M1506.1 General. When a subslab soil exhaust system is provided, the duct shall conform to the requirements of this section.
M1506.2 Materials. Subslab soil exhaust system duct material shall be air duct material listed and labeled to the requirements of UL 181 for Class 0 air ducts, or any of the following piping materials that comply with the plumbing code as building sanitary drainage and vent pipe: cast iron; galvanized steel; copper or copper-alloy pipe and tube of a weight not less than type DWV; and plastic piping.
M1506.3 Grade. Exhaust system ducts shall not be trapped and shall have a minimum slope of 1/8 unit vertical in 12 units horizontal (1 percent slope).
M1506.4 Termination. Subslab soil exhaust system ducts shall extend through the roof and terminate at least 6 inches (152 mm) above the roof and at least 10 feet (3,048 mm) from any operable openings or air intake.
M1506.5 Identification. Subslab soil exhaust ducts shall be permanently identified within each floor level by means of a tag, stencil or other approved marking.
M1601.1.1 Above-ground duct systems. Above-ground duct systems shall conform to the following:
1. Equipment connected to duct systems shall be designed to limit discharge air temperature to not greater than 250°F (121°C).
2. Factory-made ducts shall be listed and labeled in accordance with UL 181 and installed in accordance with the manufacturer's instructions. Flexible air ducts shall be limited in length to 14 feet. Flexible air connectors are not allowed.
3. Fibrous glass duct construction shall conform to the SMACNA Fibrous Glass Duct Construction Standards or NAIMA Fibrous Glass Duct Construction Standards.
4. Field-fabricated and shop-fabricated metal and flexible duct constructions shall conform to the SMACNA HVAC Duct Construction Standards—Metal and Flexible except as allowed by Table M1601.1.1. Galvanized steel shall conform to ASTM A 653, except that sheet steel and strip used for duct, connectors, and round duct shall be G40 galvanized steel of lock-forming quality.
5. The use of gypsum products to construct return air ducts or plenums is permitted, provided that the air temperature does not exceed 125°F (52°C) and exposed surfaces are not subject to condensation.
6. Duct systems shall be constructed of materials having a flame spread index of not greater than 200.
7. Stud wall cavities and the spaces between solid floor joists to be used as air plenums shall comply with the following conditions:
7.1. These cavities or spaces shall not be used as a plenum for supply air.
7.2. These cavities or spaces shall not be part of a required fire-resistance-rated assembly.
7.3. Stud wall cavities shall not convey air from more than one floor level.
7.4. Stud wall cavities and joist-space plenums shall be isolated from adjacent concealed spaces by tight-fitting fire blocking in accordance with Section R302.11. Fireblocking materials used for isolation shall comply with Section R302.11.1.
7.5. Stud wall cavities in the outside walls of the building envelope assemblies shall not be utilized as air plenums.
8. Volume dampers, equipment, and other means of supply, return, and exhaust air adjustment used in system balancing shall be provided with access.
M1601.1.2 Underground duct systems. Underground duct systems shall be constructed of approved concrete, clay, metal, or plastic. The maximum design temperature for systems utilizing plastic duct and fittings shall be 150°F (66°C). Metal ducts shall be protected from corrosion in an approved manner or shall be completely encased in concrete not less than 2 inches (51 mm) thick. Nonmetallic ducts shall be installed in accordance with the manufacturer's instructions. Plastic pipe and fitting materials shall conform to cell classification 12454-B of ASTM D1248 or ASTM D1784 and external loading properties of ASTM D2412. Ducts shall slope to a drainage point that has access. Ducts shall be sealed and secured prior to encasing the ducts in concrete or direct burial. Metallic ducts having an approved protective coating and nonmetallic ducts shall be installed in accordance with the manufacturer's instructions.
M1601.4.1 Joints, seams, and connections. Longitudinal and transverse joints, seams, and connections in metallic and nonmetallic ducts shall be constructed as specified in SMACNA HVAC Duct Construction Standards—Metal and Flexible and NAIMA Fibrous Glass Duct Construction Standards. Joints, longitudinal and transverse seams, and connections in ductwork outside the building thermal envelope, all return ducts located within 10 feet (3.05 m) of any appliance or all return ducts within a mechanical room, and all supply main trunk ducts and branch duct connections to the main trunk ducts shall be securely fastened and sealed with welds, gaskets, mastics (adhesives), mastic-plus-embedded-fabric systems, liquid sealants, or tapes. Tapes and mastics used to seal fibrous glass ductwork shall be listed and labeled in accordance with UL 181A and shall be marked “181A-P” for pressure-sensitive tape, “181 A-M” for mastic, or “181 A-H” for heat-sensitive tape.
Tapes and mastics used to seal metallic and flexible air ducts and flexible air connectors shall comply with UL 181B and shall be marked “181 B-FX” for pressure-sensitive tape or “181 B-M” for mastic. Duct connections to flanges of air distribution system equipment shall be sealed and mechanically fastened. Mechanical fasteners for use with flexible nonmetallic air ducts shall comply with UL 181B and shall be marked 181 B-C. Crimp joints for round metallic ducts shall have a contact lap of not less than 1 inch (25 mm) and shall be mechanically fastened by means of not less than three sheet metal screws or rivets equally spaced around the joint.
Closure systems used to seal all ductwork shall be installed in accordance with the manufacturer’s instructions.
Exceptions:
1. Spray polyurethane foam shall be permitted to be applied without additional joint seals.
2. Where a duct connection is made that is partially inaccessible, three screws or rivets shall be equally spaced on the exposed portion of the joint so as to prevent a hinge effect.
3. For ducts having a static pressure classification of less than 2 inches of water column (500 Pa), additional closure systems shall not be required for continuously welded joints and seams and locking-type joints and seams. This exception shall not apply to snap-lock and button-lock type joints and seams that are located outside of conditioned space.
M1601.4.4 Support. Factory-made ducts listed in accordance with UL 181 shall be supported in accordance with the manufacturer’s installation instructions. Field- and shop-fabricated fibrous glass ducts shall be supported in accordance with the SMACNA Fibrous Glass Duct Construction Standards or the NAIMA Fibrous Glass Duct Construction Standards. Field- and shop-fabricated metal and flexible ducts shall be supported in accordance with the SMACNA HVAC Duct Construction Standards—Metal and Flexible. Metal ducts shall be supported by 1/2-inch-wide (13 mm) 18-gage, 1-inch-wide (25 mm) 24-gage, or 1 1/2-inch-wide (39 mm) 26-gage metal straps or 12-gage galvanized wire at intervals not exceeding 10 feet (3,048 mm), or other approved means.
G2402.3 (201.3) Terms defined in other codes. Where terms are not defined in this code and are defined in the International Building Code, International Fire Code, NFPA-70, International Mechanical Code, International Fuel Gas Code, or Uniform Plumbing Code, such terms shall have meanings ascribed to them as in those codes.
G2407.6 (304.6) Outdoor combustion air. Outdoor combustion air shall be provided through opening(s) to the outdoors in accordance with Section G2407.6.1, G2407.6.2, or G2407.6.3. The minimum dimension of air openings shall be not less than 3 inches (76 mm).
Combustion air intake opening shall be located a minimum of 3 feet (914 mm) from a gas meter.
G2407.6.3 Alternate combustion air sizing. As an alternate, the net free area of openings, ducts, or plenums supplying air to an area containing gas- and oil-burning appliances shall be in accordance with CSA B149.1:20, Natural Gas and Propane Installation Code, published by the Canadian Standards Association (CSA).
The combustion air duct is required to be upsized one diameter size when a dryer is installed in the same room as the combustion air.
G2408.1 (305.1) General. Equipment and appliances shall be installed as required by the terms of their approval in accordance with the conditions of listing, the manufacturer's instructions, and this code. Manufacturer's installation instructions shall be available on the job site at the time of inspection. Where a code provision is less restrictive than the conditions of the listing of the equipment or appliance or the manufacturer's installation instructions, the conditions of the listing and the manufacturer's installation instructions shall apply.
After completion of the installation, all safety and operating controls and venting shall be tested before placing the burner in service in accordance with the manufacturer's installation instructions. The following requirements need to be recorded and affixed to the inside of the gas train access panel:
1. The rate of flow of the gas or fuel shall be adjusted to within plus or minus 5 percent of the required Btu/hr rating at the manifold pressure specified by the manufacturer. When the prevailing pressure is less than the manifold pressure specified, the rates shall be adjusted at the prevailing pressure.
2. The gas inlet pressure per the manufacturer's installation settings.
3. The temperature rise across the heat exchanger per the manufacturer's installation settings.
4. The static pressure of the supply and return ducts per the manufacturer's installation settings.
Unlisted appliances approved in accordance with Section G2404.3 shall be limited to uses recommended by the manufacturer and shall be installed in accordance with the manufacturer's instructions, the provisions of this code, and the requirements determined by the code official.
G2408.4 (305.7) Clearances from grade. Equipment and appliances installed at grade level shall be supported on a level concrete slab or other approved material extending not less than 1 1/2 inches (38 mm) above adjoining grade or shall be suspended not less than 6 inches (152 mm) above adjoining grade. Such supports shall be installed in accordance with the manufacturer's instructions.
G2410.2 (309.2) Connections. Electrical connections between appliances and the building wiring, including the grounding of the appliances, shall conform to the National Electric Code.
G2415.2 (404.2) CSST. CSST piping systems shall be installed in accordance with the terms of their approval, the conditions of listing, the manufacturer’s instructions, and this code.
The piping located on the exterior extending from the gas meter to the inside of the structure shall be a metallic pipe in compliance with Section G2414.3. The entrance into the structure shall be provided with the appropriate transition flange where an alternate gas piping material is utilized on the inside of the structure.
G2415.3 (404.3) Prohibited locations. Piping shall not be installed in or through a ducted supply, return or exhaust, or a clothes chute, chimney or gas vent, dumbwaiter, or elevator shaft.
G2415.6 (404.6) Piping through foundation walls. Underground piping, where installed through the outer foundation or basement wall of a building, shall be encased in a protective sleeve or protected by an approved device or method. The space between the gas piping and the sleeve and between the sleeve and the wall shall be sealed to prevent the entry of gas and water.
G2415.12 (404.12) Minimum burial depth. The minimum depth shall be increased to 18 inches (457 mm) if external damage to the piping or tubing from external forces is likely to result. Where a minimum of 12 inches (305 mm) of depth cannot be provided, the pipe shall be installed in conduit or bridged (shielded).
G2415.12.1 (404.12.1) Individual outdoor appliances. Not adopted by the city.
G2420.1.2 (409.1.2) Prohibited locations. Shutoff valves shall be prohibited in concealed locations, furnace plenums, and accessible spaces between a fixed ceiling and a dropped ceiling unless serving a gas appliance installed in that space.
Part VII—Plumbing. The following chapters are not adopted by the city: Chapter 25—Plumbing Administration; Chapter 26—General Plumbing Requirements; Chapter 27—Plumbing Fixtures; Chapter 28—Water Heaters; Chapter 29—Water Supply and Distribution except Section P2904 Dwelling Unit Fire Sprinkler Systems; Chapter 30—Sanitary Drainage; Chapter 31—Vents; Chapter 32—Traps; and Chapter 33—Storm Drainage.
The provisions of the plumbing code of the city of Sioux Falls or the most current Uniform Plumbing Code adopted by the South Dakota State Plumbing Commission shall apply to the installation, alterations, repairs, and replacement of plumbing systems, including equipment, appliances, fixtures, and appurtenances, and where connected to a water or sewage system for detached one- and two-family dwellings and multiple single-family dwellings (town houses) not more than three stories high with separate means of egress and their accessory structures.
Part VIII—Electrical. The following chapters are not adopted by the city: Chapter 34—General Requirements; Chapter 35—Electrical Definitions; Chapter 36—Services; Chapter 37—Branch Circuit and Feeder Requirements; Chapter 38—Wiring Methods; Chapter 39—Power and Lighting Distribution; Chapter 40—Device and Luminaires; Chapter 41—Appliance Installation; Chapter 42—Swimming Pools; Chapter 43—Class 2 Remote- Control, Signaling and Power-Limited Circuits.
The provisions of the electrical code of the city of Sioux Falls or the most current code adopted National Electrical Code by the South Dakota State Electrical Commission shall apply to the installation, alteration, repair, relocation, replacement, addition to, use, or maintenance of any electrical system, apparatus, wiring, or equipment for electrical, light, heat, power, fire alarms, and associate controls for detached one- and two-family dwellings and multiple single-family dwellings (town houses) not more than three stories high with separate means of egress and their accessory structures.
(1992 Code, § 11-2) (Ord. 114-01, passed 12-10-2001; Ord. 23-03, passed 3-3-2003; Ord. 23-04, passed 3-1-2004; Ord. 30-07, passed 2-20-2007; Ord. 105-08, passed 8-18-2008; Ord. 18-10, passed 3-1-2010; Ord. 101-12, passed 12-18-2012; Ord. 126-15, passed 12-15-2015; Ord. 29-19, passed 3-19-2019; Ord. 141-21, passed 11-16-2021; Ord. 95-22, passed 8-9-2022)
§ 150.015 ADOPTED.
(a) The International Building Code, 2021 edition, including Appendix C, Appendix I, and Appendix O as published by the International Code Council Inc., and amendments and additions thereto as provided in this article are hereby adopted as the building code by the city for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all buildings and structures in the city providing for the issuance of permits and collection of fees therefor.
(b) The adoption of the International Building Code, 2021 edition, will become effective January 1, 2022. The minimum building standards in the 2021 edition of the International Building Code and amendments thereto shall be applied to any building permit issued after December 31, 2021.
(c) The city shall publish this ordinance, without attachments, after its passage. The attachments are on file and available for inspection at the office of the city clerk.
(1957 Rev. Ords., § 1.6005; 1992 Code, § 11-17) (Ord. 2530, passed 3-11-1968; Ord. 33-72, passed 5-30-1972; Ord. 61-80, passed 7-7-1980; Ord. 103-85, passed 12-2-1985; Ord. 110-88, passed 12-28-1988; Ord. 11-92, passed 2-3-1992; Ord. 74-95, passed 6-5-1995; Ord. 12-98, passed 2-2-1998; Ord. 113-01, passed 12-10-2001; Ord. 22-04, passed 3-1-2004; Ord. 28-07, passed 2-20-2007; Ord. 16-10, passed 3-1-2010; Ord. 99-12, passed 12-18-2012; Ord. 125-15, passed 12-15-2015; Ord. 28-19, passed 3-19-2019; Ord. 138-21, passed 11-16-2021)
§ 150.016 CONFLICTS.
In the event of any conflict between the provisions of the code adopted by this subchapter and applicable provisions of this Code of Ordinances, state law or city ordinance, rule or regulation, the provisions of this Code of Ordinances, state law or city ordinance, rule or regulation shall prevail and be controlling.
(1992 Code, § 11-18)
§ 150.017 AMENDMENTS, ADDITIONS, AND DELETIONS TO THE 2021 INTERNATIONAL BUILDING CODE.
The following sections and subsections of the 2021 International Building Code adopted in this subchapter shall be amended, added, or not adopted by the city as follows. All other sections or subsections of the 2021 International Building Code as published shall remain the same.
[A] 101.1 Title. These regulations shall be known as the building code of the city of Sioux Falls, hereinafter referred to as “this code.”
[A] 101.4.1 Gas. The provisions of the International Fuel Gas Code or the plumbing code shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories.
[A] 101.4.3 Plumbing. The provisions of the plumbing code shall apply to the installation, alteration, repair, and replacement of plumbing systems, including equipment, appliances, fixtures, fittings, and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system.
101.4.8 Electrical. The provisions of the NFPA 70 shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings, and appurtenances thereto.
[A] 103.1 Creation of enforcement agency. Building services is hereby created and the official in charge thereof shall be known as the building official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code.
[A] 103.2 Appointment. Not adopted by the city.
[A] 104.8 Liability. The building official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be civilly or criminally rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties.
This code shall not be construed to relieve or lessen the responsibility of any person owning, operating, or controlling any building or structure for any damages to persons or property caused by defects, nor shall the city, or its officers and employees, be held as assuming any such liability by reason of the inspections authorized by this code or any permits or certificates issued under this code.
[A] 104.8.1 Legal defense. Any suit or criminal complaint instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be afforded all the protection provided by the city's insurance pool and any immunities and defenses provided by other applicable state and federal law and defended by legal representatives of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit, or proceeding that is instituted in pursuance of the provisions of this code.
[A] 104.10.1 Flood hazard areas. The floodplain administrator shall not grant modifications to any provision required in flood hazard areas as established by Chapter 156: Floodplain Management, unless a determination has been made that:
1. A showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site render the elevation standards of Chapter 156: Floodplain Management, inappropriate.
2. A determination that failure to grant the variance would result in exceptional hardship by rendering the lot undevelopable.
3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, cause fraud on or victimization of the public, or conflict with existing laws or ordinances.
4. A determination that the variance is the minimum necessary to afford relief, considering the flood hazard.
5. Submission to the applicant of written notice specifying the difference between the design flood elevation and the elevation to which the building is to be built, stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation, and stating that construction below the design flood elevation increases risks to life and property.
[A] 105.1 Required. Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert, or replace any electrical, gas, mechanical, or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit. The building official may exempt permits for minor work.
[A] 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:
Building:
1. One-story detached accessory structures used as tool and storage sheds, playhouses, and similar uses, provided the floor area is not greater than 200 square feet (18.6 m2). A placement permit is required by the zoning division.
2. Fences not over 7 feet (2,134 mm) high. A fence permit is required by the zoning division.
3. Oil derricks.
4. Retaining walls that are not over 4 feet (1,219 mm) in height measured from the bottom grade elevation to the top of the wall, unless supporting a surcharge or impounding Class I, II, or IIIA liquids.
5. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18,927 L) and the ratio of height to diameter or width is not greater than 2:1.
6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route. A driveway permit is required by the zoning division. A sidewalk permit is required by the engineering division.
7. Painting, papering, tiling, carpeting, cabinets, countertops, and similar finish work.
8. Temporary motion picture, television, and theater stage sets and scenery.
9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep.
10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
11. Swings and other playground equipment accessory to detached one- and two-family dwellings.
12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support.
13. Nonfixed and movable fixtures, cases, racks, counters, and partitions not over 5 feet 9 inches (1,753 mm) in height.
Electrical:
1. Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.
2. Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas.
3. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.
Gas:
1. Portable heating appliance.
2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
Mechanical:
1. Portable heating appliance.
2. Portable ventilation equipment.
3. Portable cooling unit.
4. Steam, hot, or chilled water piping within any heating or cooling equipment regulated by this code.
5. Replacement of any part that does not alter its approval or make it unsafe.
6. Portable evaporative cooler.
7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (0.75 kW) or less.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves, or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes, or fixtures.
105.3 Application for permit. To obtain a permit, the applicant shall first file an application therefor in writing on a form for that purpose. Such application shall:
1. Identify and describe the work to be covered by the permit for which application is made.
2. Describe the land on which the proposed work is to be done by legal description, street address, or similar description that will readily identify and definitely locate the proposed building or work.
3. Indicate the use and occupancy for which the proposed work is intended.
4. Be accompanied by construction documents and other information as required in Section 107.
5. State the valuation of the proposed work.
6. Be signed by the applicant, or the applicant's authorized agent.
7. Give such other data and information as required by the building official.
[A] 107.1 General. Submittal documents consisting of one complete set of plans in an electronic submittal in PDF format along with other construction documents, statement of special inspections, geotechnical report, and other data shall be submitted with each permit application. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional.
Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code.
[A] 107.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be reviewed for compliance. One set of construction documents so reviewed shall be retained by the building official.
[A] 109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required in accordance with the schedule as established by the applicable governing authority.
The fee schedules for the issuance of a building permit shall be as follows:
Table No. 1-A. Residential Building Permit Fees | |
Group R Division 3 | |
(Including Congregate Residences Defined as R-3 and Accessory Group U Occupancies) | |
Total Valuation | Fee |
Table No. 1-A. Residential Building Permit Fees | |
Group R Division 3 | |
(Including Congregate Residences Defined as R-3 and Accessory Group U Occupancies) | |
Total Valuation | Fee |
$1 to $4,000.00 | $40.00 |
$4,000.01 to $25,000.00 | For valuations in excess of $4,000.00, $32.50 for the first $2,000.00, plus $6.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00 |
$25,000.01 to $50,000.00 | $170.50 for the first $25,000.00, plus $4.50 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 |
$50,000.01 to $100,000.00 | $283.00 for the first $50,000.00, plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $100,000.00 |
$100,000.01 and up | $433.00 for the first $100,000.00 plus $2.50 for each additional $1,000.00 or fraction thereof |
Table No. 1-B. Commercial Building Permit Fees | |
Commercial Building Permit Fees Groups A, B, E, F, H, I, M, S, Group R Divisions 1, 2, and 4 (including Group U's accessory to the R-1, R-2, and R-4 occupancies) | |
Total Valuation | Fee |
Table No. 1-B. Commercial Building Permit Fees | |
Commercial Building Permit Fees Groups A, B, E, F, H, I, M, S, Group R Divisions 1, 2, and 4 (including Group U's accessory to the R-1, R-2, and R-4 occupancies) | |
Total Valuation | Fee |
$1.00 to $2,000.00 | $40.00 |
$2,000.01 to $25,000.00 | For valuation in excess of $2,000.00, $45.00 for the first $2,000.00 plus $9.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00 |
$25,000.01 to $50,000.00 | $252.00 for the first $25,000.00 plus $6.50 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 |
$50,000.01 to $100,000.00 | $414.50 for the first $50,000.00 plus $4.50 for each additional $1,000.00 or fraction thereof, to and including $100,000.00 |
$100,000.01 to $500,000.00 | $639.50 for the first $100,000.00 plus $3.50 for each additional $1,000.00 or fraction thereof, to and including $500,000.00 |
Greater than $500,000.00 | $2,039.50 for the first $500,000.00, plus $3.00 for each additional $1,000.00 or fraction thereof |
Table 1-C. Other Inspections and Fees |
Table 1-C. Other Inspections and Fees | |
1. Inspection outside of normal business hours, per hour* (minimum charge-one hour) | $200 |
2. Reinspection fees, per hour | $200 |
3. Additional plan review required by changes, additions, or revisions to approved plans, per hour* (minimum charge-one-half hour) *Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved. | $100 |
4. Wrecking permit fees | $40 |
5. Residential reshingles | $40 |
6. Residential resides (Group R and U occupancies) | $40 |
7. Residential window replacements with no structural modifications (Group R and U occupancies) | $40 |
8. Board of appeals fees: Before any action is taken by the board, the party or parties requesting such hearing shall deposit with the secretary of the board, or his or her authorized agent, the sum of $100 to cover the approximate cost of the procedure. Under no condition shall the sum or any part thereof be refunded for failure of the request to be approved. Exception. Appeals referred to the board from the International Property Maintenance Code. | $100 |
9. A mileage fee at the current rate per mile as established by the finance department shall be charged for any inspection occurring outside city limits. | |
10. Residential contractor's license examination fee | $75 |
11. When submittal documents are required by Section 106, a plan review fee shall be paid when it is deemed that a plan review is required. Said plan review fee shall be 25 percent of the building permit fee as specified on Table 1-B. The plan review fee specified herein is a separate fee from the building permit fee and is in addition to the building permit fee. When submittal documents are incomplete or changed so as to require additional plan reviews or when a project involves deferred submittals as defined in Section 107.3.4.1, an additional plan review fee may be charged at 25% of the building permit fee specified on Table 1-B. | |
12. Fee for late corrections. If corrections listed on an inspection report are not completed within the specified time, the inspector shall issue a correction order and assess a $100 administrative fee. The inspector shall also assess a reinspection fee. | $100 |
13. Fee for failure to request a required inspection. Where building construction work is completed without a request for an inspection, an administrative fee of $250.00 may be charged. | $250 |
Exception: Group R Division 3 and Group U occupancies.
109.7 Delinquent accounts. The city may refuse to issue permits or conduct inspections for any person or business whose account is delinquent.
[A] 110.3.1 Footing inspection. Footing inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. If an inspection is required for concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job.
[A] 111.2 Certificate issued. After the building official inspects the building or structure and does not find violations of the provisions of this code or other laws that are enforced by the department of building safety, the building official shall issue a certificate of occupancy that contains the following:
1. The building permit number.
2. The address of the structure.
3. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.
4. The name of the building official.
5. The edition of the code under which the permit was issued.
6. The use and occupancy, in accordance with the provisions of Chapter 3.
7. The type of construction as defined in Chapter 6.
8. The design occupant load.
9. If an automatic sprinkler system is provided, whether the sprinkler system is required.
10. Any special stipulations and conditions of the building permit.
[A] 113.1 General. In order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the application and interpretation of this code and the fire code, to review all prospective changes to the respective codes and to submit recommendations to the responsible official and the city council, to review requests for house moves, and to examine applicants for licensing and to investigate matters brought before the board, there shall be and is hereby created a building board of appeals and examiners. The building official shall be an ex officio member of said board but shall not have a vote on any matter before the board. The board of appeals shall be appointed by the mayor with consent of the city council and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions in writing to the appellant with a duplicate copy to the building and/or fire official.
[A] 114.3 Prosecution of violation. If the notice of violation is not complied with promptly, the building official is authorized to request the legal counsel of the jurisdiction to deem the violation as a strict liability offense and institute the appropriate proceeding at law or in equity to restrain, correct, or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto.
201.1 Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this code, have the meanings shown in this chapter. In addition, the following words and terms are being added and/or modified to the defined terms already incorporated by reference in Section 150.017 of this code.
FIRE AREA. The aggregate floor area enclosed and bounded by fire walls, fire barriers, exterior walls, or horizontal assemblies of a building.
STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited or failed to do an act which the defendant was legally required to do.
305.2.2 Twelve or fewer children. A facility having twelve or fewer children receiving such day care shall be classified as part of the primary occupancy.
305.2.3 Twelve or fewer children in a dwelling unit. A facility such as the above within a dwelling unit and having twelve or fewer children receiving such day care shall be classified as a Group R-3 occupancy or shall comply with the International Residential Code.
308.5.4 Twelve or fewer persons receiving care in a dwelling unit. A facility such as the above within a dwelling unit and having twelve or fewer persons receiving custodial care shall be classified as a Group R-3 occupancy or shall comply with the International Residential Code.
310.4.2 Lodging houses. Owner-occupied lodging houses with five or fewer guest rooms and 10 or fewer total occupants shall be permitted to be constructed in accordance with the International Residential Code.
423.4 Group E occupancies. All Group E occupancies with an occupant load of 50 or more shall have a storm shelter constructed to withstand a wind of 200 mph.
Exceptions:
1. Group E day care facilities.
2. Group E occupancies accessory to places of religious worship.
3. Buildings meeting the requirements for shelter design in ICC 500.
[F] 501.2 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of 1/2 inch (12.7 mm). Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Multi-building campus/complex developments addressed on private or public streets shall be provided with signage at the entrance to the campus/complex indicative of the address ranges within. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole, or other approved sign or means shall be used to identify the structure. Address identification shall be maintained.
603.1.2 Piping. The use of combustible piping materials shall be permitted where installed in accordance with the limitations of the International Mechanical Code and the Plumbing Code.
706.6.2 Buildings with sloped roofs. Where a fire wall serves as an interior wall for a building, and the roof on one side or both sides of the fire wall slopes toward the fire wall at a slope greater than 2 units vertical in 12 units horizontal (2:12), the fire wall shall extend to a height equal to the height of the roof located 4 feet (1,219 mm) from the fire wall plus 30 inches (762 mm). In no case shall the extension of the fire wall be less than 30 inches (762 mm).
Exception: The fire wall may terminate at the underside of the roof sheathing, deck, or slab of the lower roof, provided:
1. The roof assemblies within 10 feet (3,048 mm) of the wall has not less than a 1-hour fire resistance rating and the entire length and span of supporting elements for the rated roof assembly has a fire-resistance rating of not less than 1 hour.
2. Openings in the roof on each side of the fire wall shall not be located within 10 feet (3,048 mm) of the fire wall.
714.5.1.2 Through-penetration firestop system. Through penetrations of the fire-resistive membrane shall be protected by an approved through-penetration fire-stop system installed and tested in accordance with ASTM E 814 or UL 1479, with a minimum positive pressure differential of 0.01 inch of water (2.49 Pa). The system shall have an F rating/T rating of not less than 1 hour but not less than the required rating of the floor penetrated.
Exceptions:
1. Floor penetrations contained and located within the cavity of a wall above the floor or below the floor do not require a T rating.
2. Floor penetrations by floor drains, tub drains, or shower drains contained and located within the concealed space of a horizontal assembly do not require a T rating.
3. Floor penetrations of maximum 4-inch (102 mm) nominal diameter penetrating directly into metal-enclosed electrical power switchgear do not require a T rating.
716.2.6.1 Door closing. Fire doors shall be latching and self- or automatic-closing in accordance with this section.
Exceptions:
1. Fire doors located in common walls separating sleeping units in Group R-1 shall be permitted without automatic- or self-closing devices.
2. The elevator car doors and the associated hoistway enclosure doors at the floor level designated for recall in accordance with Section 3003.2 shall be permitted to remain open during Phase I emergency recall operation.
3. Interior doors located in exit enclosures, smokeproof enclosures, and exit passageways in Group R and I-1 occupancies shall be automatic closing fire door assemblies in accordance with NFPA 80 and controlled in accordance with NFPA 72.
717.5.2 Fire barriers. Ducts and air transfer openings of fire barriers shall be protected with listed fire dampers installed in accordance with their listing. Ducts and air transfer openings shall not penetrate enclosures for interior exit stairways and ramps and exit passageways, except as permitted by Sections 1023.5 and 1024.6, respectively.
Exceptions: Fire dampers are not required at penetrations of fire barriers where any of the following apply:
1. Penetrations are tested in accordance with ASTM E119 or UL 263 as part of the fire-resistance-rated assembly.
2. Ducts are used as part of an approved smoke control system in accordance with Section 909 and where the use of a fire damper would interfere with the operation of a smoke control system.
3. Such walls are penetrated by fully ducted HVAC systems, have a required fire-resistance rating of 1 hour or less, are in areas of other than Group H, and are in buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2. For the purposes of this exception, a fully ducted HVAC system shall be a duct system for conveying supply, return, or exhaust air as part of the structure's HVAC system. Such a duct system shall be constructed of sheet steel not less than No. 26 gage thickness and shall be continuous from the air-handling appliance or equipment to the air outlet and inlet terminals. Nonmetal flexible air ducts shall be permitted in the following locations:
3.1 At the duct connection to the air handling unit or equipment located within the mechanical room in accordance with Section 603.9 of the International Mechanical Code.
3.2 From an overhead metal duct to a ceiling diffuser within the same room in accordance with Section 603.6.2 of the International Mechanical Code.
[F] 903.2.6 Group I. An automatic sprinkler system shall be provided throughout buildings with a Group I fire area.
Exceptions:
1. An automatic sprinkler system installed in accordance with Section 903.3.1.1 is required in Group I-1 Condition 1 or 2 facilities.
2. An automatic sprinkler system is not required where Group I-4 day care facilities are at the level of exit discharge and where every room where care is provided has not fewer than one exterior exit door.
3. In buildings where Group I-4 day care is provided on levels other than the level of exit discharge, an automatic sprinkler system in accordance with Section 903.3.1.1 shall be installed on the entire floor where care is provided, all floors between the level of care and the level of exit discharge, and all floors below the level of exit discharge other than areas classified as an open parking garage.
[F] 903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with Groups R-1 and R-4 fire areas and Group R-2 multifamily residences having six or more dwelling units.
[F] 903.2.10 Group S-2 parking garages. An automatic sprinkler system shall be provided throughout buildings classified as parking garages where any of the following conditions exist:
1. Where the fire area of the enclosed parking garage in accordance with Section 406.6 exceeds 12,000 square feet (1,115 m2).
2. Where the enclosed parking garage in accordance with Section 406.6 is located beneath other groups.
Exception: Enclosed parking garages located beneath Group R-3 occupancies.
[F] 903.3.1.1.1 Exempt locations. Automatic sprinklers shall not be required in the following rooms or areas where such rooms or areas are protected with an approved automatic fire detection system in accordance with Section 907.2 that will respond to visible or invisible particles of combustion. Sprinklers shall not be omitted from a room merely because it is damp, of fire-resistance-rated construction, or contains electrical equipment.
1. A room where the application of water, or flame and water, constitutes a serious life or fire hazard.
2. A room or space where sprinklers are considered undesirable because of the nature of the contents, where approved by the fire code official. Such rooms shall be separated from the remainder of the building by fire barrier walls and horizontal assemblies having a fire-resistance rating of not less than two hours.
3. Generator and transformer rooms separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire-resistance rating of not less than two hours.
4. Rooms or areas that are of noncombustible construction with wholly noncombustible contents.
5. Fire service access elevator machine rooms and machinery spaces.
6. Machine rooms, machinery spaces, control rooms, and control spaces associated with occupant evacuation elevators designed in accordance with Section 3008.
[F] 903.3.1.2 NFPA 13R sprinkler systems. Automatic sprinkler systems in Group R occupancies shall be permitted to be installed throughout in accordance with NFPA 13R where the Group R occupancy meets all of the following conditions:
1. Four stories or fewer above grade plane.
2. The floor level of the highest story is 60 feet (18,288 mm) or less above the lowest level of fire department vehicle access.
3. The floor level of the lowest story is 60 feet (18,288 mm) or less below the lowest level of fire department vehicle access.
The number of stories of Group R occupancies constructed in accordance with Sections 510.2 and 510.4 shall be measured from grade plane.
[F] 903.3.5 Water supplies. Water supplies for automatic sprinkler systems shall comply with this section and the standards referenced in Section 903.3.1. The potable water supply shall be protected against backflow in accordance with the requirements of this section and the Plumbing Code. For connections to public waterworks systems, the water supply test used for design of fire protection systems shall be adjusted to account for seasonal and daily pressure fluctuations based on information from the water supply authority and as approved by the fire code official.
[F] 904.13.2 System interconnection. The actuation of the fire suppression system shall automatically shut down the fuel and/or electrical power supply to the cooking equipment and all electrical receptacles located beneath the hood. The fuel and electrical supply reset shall be manual.
[F] 907.2.1.1 System initiation in Group A occupancies with an occupant load of 1,000 or more. Activation of the fire alarm in Group A occupancies with an occupant load of 1,000 or more shall initiate a signal using an emergency voice/alarm communications system in accordance with Section 907.5.2.2.
Exceptions:
1. Group A-3 occupancies used for religious worship.
2. Where approved, the prerecorded announcement is allowed to be manually deactivated for a period of time, not to exceed three minutes, for the sole purpose of allowing a live voice announcement from an approved, constantly attended location.
[F] 907.2.2 Group B. A manual fire alarm system, which activates the occupant notification system in accordance with Section 907.5, shall be installed in Group B occupancies where one of the following conditions exists:
1. The combined Group B occupant load of all floors is 500 or more.
2. The Group B occupant load is more than 100 persons above or below the lowest level of exit discharge.
3. The fire area contains an ambulatory care facility.
4. The Group B occupancy has more than two occupied levels.
Exception: Manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 and the occupant notification appliances will activate throughout the notification zones upon sprinkler water flow.
[F] 907.2.6.2 Group I-2. An automatic smoke detection system shall be installed in corridors in Group I-2 Condition 1 facilities and spaces permitted to be open to the corridors by Section 407.2. The system shall be activated in accordance with Section 907.4. Group I-2 Condition 2 occupancies shall be equipped with an automatic smoke detection system as required in Section 407.
Exception: Corridor smoke detection is not required in smoke compartments that contain sleeping units where such units are provided with smoke detectors that comply with UL 268. Such detectors shall provide a visual display on the corridor side of each sleeping unit and shall provide an audible and visual alarm at the care providers' station attending each unit. Smoke detectors installed as part of an intelligent or addressable fire alarm system capable of annunciation of room origin at a constantly attended location shall be acceptable.
[F] 907.2.8.2 Automatic smoke detection system. An automatic smoke detection system that activates the occupant notification system in accordance with Section 907.5 shall be installed throughout all interior corridors serving sleeping units and at the top of each stairwell.
Exception: An automatic smoke detection system is not required in buildings that do not have interior corridors serving sleeping units and where each sleeping unit has a means of egress door opening directly to an exit or to an exterior exit access that leads directly to an exit.
[F] 907.2.9 Group R-2. Fire alarm systems and smoke alarms shall be installed in Group R-2 occupancies as required in Sections 907.2.9.1 through 907.2.9.4.
[F] 907.2.9.1 Manual fire alarm system. A manual fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in Group R-2 occupancies where any of the following conditions apply:
1. Any dwelling unit or sleeping unit is located three or more stories above the lowest level of exit discharge.
2. Any dwelling unit or sleeping unit is located more than one story below the highest level of exit discharge of exits serving the dwelling unit or sleeping unit.
3. The building contains more than 16 dwelling units or sleeping units.
4. The building contains four or more dwelling units or sleeping units above the level of exit discharge.
Exceptions:
1. A fire alarm system is not required in buildings not more than two stories in height where all dwelling units or sleeping units and contiguous attic and crawl spaces are separated from each other and public or common areas by not less than 1-hour fire partitions and each dwelling unit or sleeping unit has an exit directly to a public way, egress court, or yard.
2. Manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 and the occupant notification appliances will automatically activate throughout the notification zones upon a sprinkler water flow.
3. A fire alarm system is not required in buildings that do not have interior corridors serving dwelling units and are protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, provided that dwelling units either have a means of egress door opening directly to an exterior exit access that leads directly to the exits or are served by open-ended corridors designed in accordance with Section 1027.6, Exception 3.
907.2.9.4 Smoke detectors. Automatic smoke detection shall be provided in each stairway and all exit corridors.
[F] 907.2.13.1.2 Duct smoke detection. Duct smoke detectors complying with Section 907.3.1 shall be located as follows:
1. In the main return air and exhaust air plenum of each air-conditioning system having a capacity greater than 2,000 cubic feet per minute (cfm) (0.94 m3/s). Such detectors shall be located in a serviceable area downstream of the last duct inlet.
2. At each connection to a vertical duct or riser serving two or more stories from a return air duct or plenum of an air-conditioning system. In Group R-1 and R-2 occupancies, a smoke detector is allowed to be used in each return air riser carrying not more than 5,000 cfm (2.4 m3/s) and serving not more than 10 air-inlet openings.
3. Duct smoke detectors installed more than 10 feet above a finished floor, above a ceiling, or on a rooftop shall be installed with remote test/indicators in an approved location below and in proximity to the unit served.
[F] 907.5 Occupant notification. Occupant notification by fire alarms shall be in accordance with Sections 907.5.1 through 907.5.2.3.3. Occupant notification by smoke alarms in Group R-1 occupancies shall comply with Section 907.5.2.1.3.2.
[F] 907.5.2.1.3 Audible signal frequency in Group R-1 sleeping rooms. Audible signal frequency in Group R-1 occupancies shall be in accordance with Sections 907.5.2.1.3.1 and 907.5.2.1.3.2.
[F] 907.5.2.1.3.1 Fire alarm system signal. In sleeping rooms of Group R-1 occupancies, the audible alarm activated by a fire alarm system shall be a 520-Hz low frequency signal complying with NFPA 72.
[F] 907.5.2.1.3.2 Smoke alarm signal in sleeping rooms. In sleeping rooms of Group R 1 occupancies that are required by Section 907.2.8 or 907.2.9 to have a fire alarm system, the audible alarm signal activated by single- or multiple-station smoke alarms in the dwelling unit or sleeping unit shall be a 520-Hz signal complying with NFPA 72. Where a sleeping room smoke alarm is unable to produce a 520-Hz signal, the 520 Hz alarm signal shall be provided by a listed notification appliance or a smoke detector with an integral 520-Hz sounder.
[F] 912.2.1 Visible location. Fire department connections shall be located on the street side of buildings or facing approved fire apparatus access roads, fully visible and recognizable from the street, fire apparatus access road or nearest point of fire department vehicle access, or as otherwise approved by the fire code official. A weather-rated horn/strobe connected to the fire detection or sprinkler system shall be located not lower than 8 feet above the fire department connection and within 10 feet horizontally of the connection. The weather-rated horn/strobe must be visible from the fire lane or street.
Table 1004.5
Maximum Floor Area Allowances Per Occupant
Function of Space | Occupant Load Factora |
Function of Space | Occupant Load Factora |
Accessory storage areas, mechanical equipment room | 300 gross |
Agricultural building | 300 gross |
Aircraft hangars | 500 gross |
Airport terminal | |
Baggage claim | 20 gross |
Baggage handling | 300 gross |
Waiting areas | 15 gross |
Assembly | |
Gaming floors (keno, slots, etc.) | 11 gross |
Exhibit gallery and museum | 30 net |
Assembly with fixed seats | See Section 1004.6 |
Assembly without fixed seats | |
Concentrated (chairs only—not fixed) | 7 net |
Standing space | 5 net |
Unconcentrated (tables and chairs) | 15 net |
Bowling centers, allow 5 persons for each lane including 15 feet of runway, and for additional areas | 7 net |
Business areas | 150 gross |
Concentrated business use areas | See Section 1004.8 |
Courtrooms—other than fixed seating areas | 40 net |
Day care | 35 net |
Dormitories | 50 gross |
Educational | |
Classroom area | 25 net |
Shops and other vocational room areas | 50 net |
Exercise rooms | 50 gross |
Group H-5 fabrication and manufacturing areas | 200 gross |
Industrial areas | 100 gross |
Institutional areas | |
Inpatient treatment areas | 240 gross |
Outpatient areas | 100 gross |
Sleeping areas | 120 gross |
Kitchens, commercial | 200 gross |
Library | |
Reading rooms | 50 net |
Stack area | 100 gross |
Locker rooms | 50 gross |
Mall buildings—covered and open | See Section 402.8.2 |
Mercantile | 60 gross |
Storage, stock, shipping areas | 300 gross |
Parking garages | 200 gross |
Residential | 200 gross |
Skating rinks, swimming pools | |
Rink and pool | 50 gross |
Decks | 15 gross |
Stages and platforms | 15 net |
Warehouses | 500 gross |
For SI: 1 foot = 304.8 mm, 1 square foot = 0.0929 m2
a. Floor area in square feet per occupant
1010.1.6 Thresholds. Thresholds at doorways shall not exceed 3/4 inch (19.1 mm) in height above the finished floor or landing for sliding doors serving dwelling units or ½ inch (12.7 mm) above the finished floor or landing for other doors. Raised thresholds and floor level changes greater than 1/4 inch (6.4 mm) at doorways shall be beveled with a slope not greater than one unit vertical in two units horizontal (50 percent slope).
Exceptions:
1. In occupancy Group R-2 or R-3, threshold heights for sliding and side hinged exterior doors shall be permitted to be up to 8 inches (203 mm) in height if all of the following apply:
1.1. The door is not part of the required means of egress.
1.2. The door is not part of an accessible route as required by Chapter 11.
1.3. The door is not part of an accessible unit, Type A unit or Type B unit.
2. In Type B units, where Exception 5 to Section 1010.1.5 permits a 4-inch (102 mm) elevation change at the door, the threshold height on the exterior side of the door shall not exceed 4 3/4 inches (120 mm) in height above the exterior deck, patio or balcony for sliding doors or 4 1/2 inches (114 mm) above the exterior deck, patio or balcony for other doors.
1011.5.2 Riser height and tread depth. Stair riser heights shall be 7 inches (178 mm) maximum and 4 inches (102 mm) minimum. The riser height shall be measured vertically between the nosings of adjacent treads or between the stairway landing and the adjacent tread. Rectangular tread depths shall be 11 inches (279 mm) minimum measured horizontally between the vertical planes of the foremost projection of adjacent treads and at a right angle to the tread’s nosing. Winder treads shall have a minimumtread depth of 11 inches (279 mm) between the vertical planes of the foremost projection of adjacent treads at the intersections with the walkline and a minimum tread depth of 10 inches (254 mm) within the clear width of the stair.
Exceptions:
1. Spiral stairways in accordance with Section 1011.10.
2. Stairways connecting stepped aisles to cross aisles or concourses shall be permitted to use the riser/tread dimension in Section 1029.14.2.
3. In Group R-3 occupancies, within dwelling units in Group R-2 occupancies, and in Group U occupancies that are accessory to a Group R-3 occupancy or accessory to individual dwelling units in Group R-2 occupancies, the maximum riser height shall be 8 inches (203 mm), the minimum tread depth shall be 10 inches (254 mm); the minimum winder tread depth at the walkline shall be 10 inches (254 mm), and the minimum winder tread depth shall be 6 inches (152 mm). A nosing projection not less than 3/4 inch (19.1 mm) but not more than 1 1/4 inches (32 mm) shall be provided on stairways with solid risers where the tread depth is less than 11 inches (279 mm).
4. See Section 503.1 of the International Existing Building Code for the replacement of existing stairways.
5. In Group I-3 facilities, stairways providing access to guard towers, observation stations, and control rooms, not more than 250 square feet (23 m2) in area, shall be permitted to have a maximum riser height of 8 inches (203 mm) and a minimum tread depth of 9 inches (229 mm).
1015.4 Opening limitations. Required guards shall not have openings that allow passage of a sphere 5 inches (127 mm) in diameter from the walking surface to the required guard height.
Exceptions:
1. The triangular openings at the open sides of a stair, formed by the riser, tread, and bottom rail shall not allow passage of a sphere 6 inches (152 mm) in diameter.
2. At elevated walking surfaces for access to and use of electrical, mechanical, or plumbing systems or equipment, guards shall not have openings that allow passage of a sphere 21 inches (533 mm) in diameter.
3. In areas that are not open to the public within occupancies in Group B, I-3, F, H, M, or S, and for alternating tread devices and ships ladders, guards shall not have openings that allow passage of a sphere 21 inches (533 mm) in diameter.
4. In assembly seating areas, guards required at the end of aisles in accordance with Section 1029.17.4 shall not have openings that allow passage of a sphere 5 inches (127 mm) in diameter up to a height of 26 inches (660 mm). From a height of 26 inches (660 mm) to 42 inches (1,067 mm) above the adjacent walking surfaces, guards shall not have openings that allow passage of a sphere 8 inches (203 mm) in diameter.
5. Within individual dwelling units and sleeping units in Group R-2 and R-3 occupancies, guards on the open sides of stairs shall not have openings that allow passage of a sphere 5 inches (127 mm) in diameter.
1020.5 Dead ends. Where more than one exit or exit access doorway is required, the exit access shall be arranged such that dead-end corridors do not exceed 20 feet (6,096 mm) in length.
Exceptions:
1. In Group I-3, Condition 2, 3, or 4, occupancies, the dead end in a corridor shall not exceed 50 feet (15,240 mm).
2. In occupancies in Groups B, E, F, M, R-1, R-2, S, and U, where the building is equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1, the length of the dead-end corridors shall not exceed 50 feet (15,240 mm).
3. In occupancies in Group I-1 where the building is equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1, the length of the dead-end corridors shall not exceed 30 feet (9,144 mm).
4. A dead-end corridor shall not be limited in length where the length of the dead-end corridor is less than 2.5 times the least width of the dead-end corridor.
5. In Group I-2, Condition 2 occupancies, the length of dead-end corridors that do not serve patient rooms or patient treatment spaces shall not exceed 30 feet (9,144 mm).
1023.8 Barrier at level of exit discharge. An interior exit stairway and ramp shall not continue below its level of exit discharge unless an approved barrier or a directional exit sign is provided at the level of exit discharge to prevent persons from unintentionally continuing into levels below. Directional exit signs shall be provided as specified in Section 1013.
1031.3.1 Minimum size. Emergency escape and rescue openings shall have a minimum net clear opening of 5.0 square feet (0.46 m2).
1030.3 Maximum height from floor. Emergency escape and rescue openings shall have the bottom of the clear opening not greater than 48 inches (1,219 mm) measured from the floor.
1031.5.2 Ladders or steps. Area wells with a vertical depth of more than 48 inches (1,219 mm) shall be equipped with an approved permanently affixed ladder or steps. The ladder or steps shall not be obstructed by the emergency escape and rescue opening when the window or door is in the open position. Ladders or steps required by this section shall not be required to comply with Section 1011.
1104.4 Multistory buildings and facilities. At least one accessible route shall connect each accessible story, mezzanine and occupied roofs in multilevel buildings and facilities.
Exceptions:
1. An accessible route from an accessible level is not required in facilities that are less than three stories in height or have less than 3,000 square feet (279 m2) per story. This exception shall not apply to:
1.1. Multiple tenant facilities of Group M occupancies containing five or more tenant spaces used for the sales or rental of goods and where at least one such tenant space is located on a floor level above or below the accessible levels;
1.2. Stories or mezzanines containing offices of health care providers (Group B or I);
1.3. Passenger transportation facilities and airports (Group A-3 or B);
1.4. Government buildings; or
1.5 Structures with four or more dwelling units.
2. Stories, mezzanines, or occupied roofs that do not contain accessible elements or other spaces as determined by Section 1107 or 1108 are not required to be served by an accessible route from an accessible level.
3. In air traffic control towers, an accessible route is not required to serve the cab and the floor immediately below the cab.
4. Where a two-story building or facility has one story or mezzanine with an occupant load of five or fewer persons that does not contain public use space, that story or mezzanine shall not be required to be connected by an accessible route to the story above or below.
1106.10 Signage. Accessible parking spaces and access aisles are required to be identified by signs. Signs shall be located at the head of accessible parking stalls and access aisles. The bottom of the lowest signs shall be located at least 60 inches above the pavement.
As referenced below, standard and van accessible parking space signs shall state, "RESERVED PARKING" and include the International Symbol of Accessibility; supplemental signage must additionally state, "STATE PERMIT OR LICENSE REQUIRED. $100 MINIMUM FINE AND CLASS 2 MISDEMEANOR FOR VIOLATORS." A van accessible parking space must have additional signage stating, "VAN ACCESSIBLE." A van accessible access aisle must be provided with signage including the International Symbol of Accessibility which states, "WHEELCHAIR ACCESS AISLE. ABSOLUTELY NO PARKING."
1106.11 Access aisles and markings. Each access that is part of an accessible route shall extend the full length of the parking space it serves. The aisle must have diagonally striped markings spaced every 4 feet (1,219 mm). Boundaries of the access aisle must be marked. The end may be a squared or curved shape. Two parking spaces may share an access aisle.
Access aisles shall be placed on a level surface with a slope not to exceed 1:48.
Where an access aisle is located immediately adjacent to a sidewalk that provides the closest accessible route, the sidewalk must be provided with a curb ramp access to serve the access aisle.
1108.6.2.2.1 Type A units. In Group R-2 occupancies containing more than 20 dwelling units or sleeping units, at least 2 percent but not less than one of the units shall be a Type A unit. All Group R-2 units on a site shall be considered to determine the total number of units and the required number of Type A units. Type A units shall be dispersed among the various classes of units.
Exceptions:
1. The number of Type A units is permitted to be reduced in accordance with Section 1108.7.
2. Existing structures on a site shall not contribute to the total number of units on a site.
3. The following provisions of the 2017 ICC/ANSI A117.1-2017 referenced in Section 1103 Type A Dwelling are applicable.
3.1 A work surface in the kitchen referenced in Section 1103.12.3 Clear Floor Space of ICC/ANSI A117.1-2017 is not required.
3.2 The reduced work height of the kitchen sink at 34 inches referenced in Section 1103.12.4.2 ICC/ANSI A117.1-2017 is not required.
3.3 Appliances referenced in Section 1103.12.5 Appliances ICC/ANSI A117.1-2017 and Laundry Equipment requires only the clear floor space referenced in Section 305 Clear Floor Space of ICC/ANSI A117.1-2017.
1205.3.3 Court drainage. The bottom of every court shall be properly graded and drained to a public sewer or other approved disposal system complying with the plumbing code.
[E] 1301.1.1 Criteria. Buildings shall be designed and constructed in accordance with the 2009 International Energy Conservation Code.
[P] 1502.1 General. Design and installation of roof drainage systems shall comply with this section, Section 1611 of this code, and shall be sized and discharge in accordance with the Plumbing Code. Unless roofs are sloped to drain over roof edges, roof drains or scuppers shall be installed at each low point of the roof.
Roofs shall be sloped a minimum of 1 unit vertical in 48 units horizontal (2 percent slope) for drainage unless designed for water accumulation in accordance with Section 1611.2 Ponding instability.
Roof drainage water from a building shall not be allowed to flow over public property.
[P] 1502.2 Secondary (emergency overflow) drains or scuppers. Where roof drains are required, secondary (emergency overflow) roof drains or scuppers shall be provided where the roof perimeter construction extends above the roof in such a manner that water will be entrapped if the primary drains allow buildup for any reason. The installation and sizing of secondary emergency overflow drains, leaders, and conductors shall comply with Section 1611 of this code and the Plumbing Code.
1601.1 Scope. The provisions of this chapter shall govern the structural design of buildings, structures, and portions thereof regulated by this code.
It shall not be the responsibility of the building official to determine engineering requirements of this code. Exclusive of conventional light-frame wood construction provisions referenced in Section 2308, the method to resist loads as referenced in this chapter is the responsibility of a structural engineer or other qualified design professional.
1612.3 Establishment of flood hazard areas. To establish flood hazard areas, the applicable governing authority shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled "The Flood Insurance Study for the City of Sioux Falls" dated September 17, 1979, as amended or revised with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this section. If there is a conflict between the provisions of this code and the city's floodplain management ordinance, the provisions of Chapter 156: Floodplain Management, shall prevail.
1703.1 Approved agency. An approved agency or the design professional of record shall provide all information as necessary for the building official to determine that the agency meets the applicable requirements specified in Sections 1703.1.1 through 1703.1.3.
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 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 2211.1.2 or the conventional light-frame construction provisions of Section 2308.
4. The contractor is permitted to employ the approved agencies where the contractor is also the owner.
5. The frequency and amount of special inspections shall be as determined by the design professional of record. The continuous and periodic inspections referenced in Tables 1705.2.3, 1705.3, 1705.5.3, 1705.6, 1705.7, and 1705.8 are considered as guidelines.
1705.3 Concrete construction. Special inspections and tests of concrete construction shall be performed in accordance with this section and Table 1705.3.
Exception: Special inspections and tests shall not be required for:
1. Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock.
2. Continuous concrete footings supporting walls of buildings three stories or less above grade plane that are fully supported on earth or rock where:
2.1. The footings and foundation walls support walls of light-frame construction.
2.2. The footings are designed in accordance with Table 1809.7.
2.3. The structural design of the footing is based on a specified compressive strength, f’c, not more than 3,000 pounds per square inch (psi) (20.6 MPa), regardless of the compressive strength specified in the approved construction documents or used in the footing construction.
3. Nonstructural concrete slabs supported directly on the ground, including prestressed slabs on grade, where the effective prestress in the concrete is less than 150 psi (1.0 MPa).
4. Concrete foundation walls constructed in accordance with Table 1807.1.6.2.
5. Concrete patios, driveways, and sidewalks on grade.
[BF] 1705.18 Fire-resistant penetrations and joints. In high-rise buildings or in buildings assigned to Risk Category III or IV, special inspections for through-penetrations, membrane penetration fire-stops, fire-resistant joint systems, and perimeter fire containment systems that are tested and listed in accordance with Sections 714.4.1.2, 714.5.1.2, 715.3.1, and 715.4 shall be in accordance with Section 1705.18.1 or 1705.18.2.
1804.8 Grading permits required. No person shall excavate or grade without first obtaining a permit from the city engineer. If a building permit is not obtained, a separate grading permit must be obtained from the city engineer for each site and may cover both excavations and fills.
Exceptions:
1. A separate grading permit is not required from the city engineer where a site plan for a new building, structure, or addition is submitted for plan review where an excavation below finished grade for basements, footings, and foundations of a building, retaining wall, or other structure is authorized by a valid building permit.
2. A fill of less than 1 foot in depth and placed on natural terrain with a slope flatter than one unit vertical to five units horizontal (20 percent slope), or less than 3 feet (914 mm) in depth not intended to support structures, which does not exceed 300 cubic yards (229 m3) on any one lot and does not obstruct a drainage course.
3. Excavation, removal, or stockpiling of rock, sand, dirt, clay, or other like material as may be required by the state, county, or city authorities in connection with the construction or maintenance of roads and highways. This shall not exempt work for street construction when such work is performed by private developers. When the private developer has obtained a permit to perform site grading, a second permit will not be required for street grading.
4. When approved by the city engineer, grading in an isolated, self-contained area if there is no danger to public or private property.
5. Cemetery graves.
6. Refuse disposal sites controlled by other regulations.
7. Excavations for wells, tunnels, or utilities.
8. Mining, quarrying, excavating, processing, or stockpiling of rock, sand, gravel, aggregate, or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property.
9. Exploratory excavations under the direction of soils engineers or engineering geologists.
10. An excavation that (1) is less than 2 feet (610 mm) in depth; or (2) does not create a cut slope of less than 5 feet (1,524 mm) in height and steeper than 1 unit vertical in 1 1/2 units horizontal (66.7 percent slope).
Exemptions from the permit requirements of this chapter shall 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 this jurisdiction.
1804.8.1 Grading permit requirements. Grading shall be performed in accordance with a grading plan approved by the city engineer. Submitted plans shall indicate existing elevations, proposed elevations, method of erosion control, and shall include the legal description.
1806.2 Presumptive load-bearing values. The load-bearing values used in design for supporting soils near the surface shall not exceed the values specified in Table 1806.2 unless data to substantiate the use of higher values are submitted and approved. Where the building official has reason to doubt the classification, strength, or compressibility of the soil, the requirements of Section 1803.5.2 shall be satisfied.
Presumptive load-bearing values shall apply to materials with similar physical characteristics and dispositions. Where a presumed soil-bearing capacity is in excess of 3,000 psf (471 kPa/m), data to substantiate the use of the presumed higher value must be submitted from a soils engineer for approval from the building official. Mud, organic silt, organic clays, peat, or unprepared fill shall not be assumed to have a presumptive load-bearing capacity unless data to substantiate the use of such a value are submitted.
Exception: A presumptive load-bearing capacity shall be permitted to be used where the building official deems the load-bearing capacity of mud, organic silt, or unprepared fill is adequate for the support of lightweight or temporary structures.
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.
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.
2. Area of 1,500 square feet (139 m2) or less for light frame construction or 400 square feet (37 m2) or less for other than light-frame construction.
3. Eave height of 10 feet (3,048 mm) or less. Shallow foundations shall not bear on frozen soil unless such frozen condition is of a permanent character.
[P] 2901.1 Scope. The provisions of this chapter and the 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 code. Toilet and bathing rooms shall be constructed in accordance with Section 1209. Private sewage disposal systems shall conform to the Plumbing Code. The International Fire Code, the International Property Maintenance Code and the Plumbing Code shall govern the use and maintenance of plumbing components, appliances, equipment, and systems. The International Existing Building Code and the Plumbing Code shall govern the alteration, repair, relocation, replacement, and addition of plumbing components, appliances, equipment, and systems.
[P] Table 2902.1
Minimum Number of Required Plumbing Fixturesa
(See Sections 2902.1.1 and 2902.2)
No . | CLASSIFICATION | DESCRIPTIO N | WATER CLOSETS (URINALS SEE SECTION 2902.1.4) | LAVATOR IES | BATH- TUBS/ SHOW ERS | DRINKI NG FOUNTA INS (SEE SECTIO N 2902.1.5) | OTHER | ||
Male | Female | Male | Female | ||||||
No . | CLASSIFICATION | DESCRIPTIO N | WATER CLOSETS (URINALS SEE SECTION 2902.1.4) | LAVATOR IES | BATH- TUBS/ SHOW ERS | DRINKI NG FOUNTA INS (SEE SECTIO N 2902.1.5) | OTHER | ||
Male | Female | Male | Female | ||||||
1 | Assembly | Theaters and other buildings for the performing arts and motion picturesd |
1 per 125 | 1 per 65 | 1 per 200 | - | 1 per 500 | 1 service sink | |
Nightclubs, bars, taverns, dance halls and buildings for similar purposesd |
1 per 40 | 1 per 40 | 1 per 75 | - | 1 per 500 | 1 service sink | |||
Restaurants, banquet halls and food courtsd |
1 per 75 | 1 per 75 | 1 per 200 | - | 1 per 500 | 1 service sink | |||
Casino gaming areas | 1 per 100 for the first 400 and 1 per 250 for the remai n-der excee ding 400 | 1 per 50 for the first 400 and 1 per 150 for the remai n-der excee d-ing 400 | 1 per 250 for the first 750 and 1 per 500 for the remainder exceeding 750 | - | 1 per 1,000 | 1 service sink | |||
Auditoriums without permanent seating, art galleries, exhibition halls, museums, lecture halls, libraries, arcades and gymnasiumsd |
1 per 125 | 1 per 65 | 1 per 200 | - | 1 per 500 | 1 service sink | |||
Passenger terminals and transportation facilitiesd |
1 per 500 | 1 per 500 | 1 per 750 | - | 1 per 1,000 | 1 service sink | |||
Places of worship and other religious servicesd |
1 per 150 | 1 per 75 | 1 per 200 | - | 1 per 1,000 | 1 service sink | |||
Coliseums, arenas, skating rinks, pools and tennis courts for indoor sporting events and activities | 1 per 120 | 1 per 60 | 1 per 200 | 1 per 150 | - | 1 per 1,000 | 1 service sink | ||
Stadiums, amusement parks, bleachers and grandstands for outdoor sporting events and activitiesf |
1 per 120 | 1 per 60 | 1 per 200 | 1 per 150 | - | 1 per 1,000 | 1 service sink | ||
2 | Business | Buildings for the transaction of business, professional services, other services involving merchandise, office buildings, banks, light industrial, ambulatory care and similar uses | 1 per 25 for the first 50 and 1 per 50 for the remainder exceeding 50 | 1 per 40 for the first 80 and 1 per 80 for the remainder exceeding 80 | - | 1 per 100 | 1 service sinke | ||
3 | Educati onal | Educational facilities | 1 per 50 | 1 per 50 | - | 1 per 100 | 1 service sink | ||
4 | Factory and industria l | Structures in which occupants are engaged in work fabricating, assembly or processing of products or materials | 1 per 100 | 1 per 100 | - | 1 per 400 | 1 service sink | ||
5 | Instituti onal | Custodial care facilities | 1 per 10 | 1 per 10 | 1 per 8 | 1 per 100 | 1 service sink | ||
Medical care recipients in hospitals and nursing homesb | 1 per roomc | 1 per roomc | 1 per 15 | 1 per 100 | 1 service sink | ||||
Employees in hospitals and nursing homesb | 1 per 25 | 1 per 35 | - | 1 per 100 | - | ||||
Visitors in hospitals and nursing homes | 1 per 75 | 1 per 100 | - | 1 per 500 | - | ||||
Prisonsb | 1 per cell | 1 per cell | 1 per 15 | 1 per 100 | 1 service sink | ||||
Reformatories, detention centers and correctional centersb | 1 per 15 | 1 per 15 | 1 per 15 | 1 per 100 | 1 service sink | ||||
Employees in reformatories, detention centers and correctional centersb | 1 per 25 | 1 per 35 | - | 1 per 100 | - | ||||
Adult day care and child day care | 1 per 15 | 1 per 15 | 1 | 1 per 100 | 1 service sink | ||||
6 | Mercant ile | Retail stores, service stations, shops, sales- rooms, markets and shopping centers | 1 per 500 | 1 per 750 | - | 1 per 1,000 | 1 service sinke | ||
7 | Resident ial | Hotels, motels, boarding houses (transient) | 1 per sleeping unit | 1 per sleeping unit | 1 per sleeping unit | - | 1 service sink | ||
Dormitories, fraternities, sororities and boarding houses (not transient) | 1 per 10 | 1 per 10 | 1 per 8 | 1 per 100 | 1 service sink | ||||
Apartment house | 1 per dwelling unit | 1 per dwelling unit | 1 per dwelling unit | - | 1 kitche n sink per dwelli ng unit; 1 autom atic clothes washer connec tion per dwelli ng unit | ||||
One- and two-family dwellings and lodging houses with five or fewer guestrooms | 1 per dwelling unit | 1 per 10 | 1 per dwelling unit | - | 1 kitche n sink per dwelli ng unit; 1 autom atic clothes washer connec tion per dwelli ng unit | ||||
Congregate living facilities with 16 or fewer persons | 1 per 10 | 1 per 10 | 1 per 8 | 1 per 100 | 1 service sink | ||||
8 | Storage | Structures for the storage of goods, warehouses, storehouses and freight depots, low and moderate hazard | 1 per 100 | 1 per 100 | - | 1 per 1,000 | 1 service sink | ||
a. The fixtures shown are based on one fixture being the minimum required for the number of persons indicated or any fraction of the number of persons indicated. The number of occupants shall be determined by this code.
b. Toilet facilities for employees shall be separate from facilities for inmates or care recipients.
c. A single-occupant toilet room with one water closet and one lavatory serving not more than two adjacent patient sleeping units shall be permitted, provided that each patient sleeping unit has direct access to the toilet room and provisions for privacy for the toilet room user are provided.
d. The occupant load for seasonal outdoor seating and entertainment areas shall be included when determining the minimum number of facilities required.
e. For business and mercantile classifications with an occupant load of 15 or fewer, a service sink shall not be required.
f. The required number and type of plumbing fixtures for outdoor swimming pools shall be in accordance with Section 609 of the International Swimming Pool and Spa Code.
2902.1.4 Substitution for water closets. In a toilet room or bathroom, urinals shall not be substituted for more than 67 percent of the required water closets.
2902.1.5 Drinking fountains. Where water is served in restaurants or where bottled water is served in other occupancies, drinking fountains shall not be required. Drinking fountains shall not be installed in public restrooms.
[P] 2902.2 Separate facilities. Where plumbing fixtures are required, separate facilities shall be provided for each sex.
Exceptions:
1. Separate facilities shall not be required for dwelling units and sleeping units.
2. Separate facilities shall not be required in structures or tenant spaces with a total occupant load, including both employees and customers, of 15 or fewer.
3. Separate facilities shall not be required in mercantile occupancies in which the maximum occupant load is 100 or fewer.
4. Separate facilities shall not be required in business occupancies in which the maximum occupant load is 25 or fewer.
5. Separate facilities shall not be required to be designated by sex where single-user toilets rooms are provided in accordance with Section 2902.1.2.
6. Separate facilities shall not be required where rooms having both water closets and lavatory fixtures are designed for use by both sexes and privacy for water closets are installed in accordance with
Section 2902.2.2. Urinals shall be located in an area visually separated from the remainder of the facility or each urinal that is provided shall be located in a stall.
[P] 2902.6 Small occupancies. Drinking fountains and service sinks shall not be required for an occupant load of 15 or fewer.
3111.2 Solar thermal systems. Solar thermal systems shall be designed and installed in accordance with this section, the International Mechanical Code, and the International Fire Code. Where light-transmitting plastic covers are used, solar thermal collectors shall be designed in accordance with Section 2606.12.
Section 3114 Public use restroom buildings in flood hazard areas. Not adopted by the city.
Section 3116 Prefabricated construction.
3116.1 General.
3116.1.1 Purpose. The purpose of this section is to regulate materials and establish methods of safe construction where any structure or portion thereof is wholly or partially prefabricated.
3116.1.2 Scope. Unless otherwise specifically stated in this section, all prefabricated construction and materials used therein shall conform to all the requirements of this code.
3116.1.3 Definitions.
Prefabricated assembly is a structural unit, the integral parts of which have been built or assembled prior to incorporation in the building.
Prefabricated structures are structures, the parts of which are fabricated and assembled in a central assembly point, where on-site building, electrical, plumbing, and mechanical rough-in inspections occur at the assembly location.
3116.2 Tests of materials. Every approval of a material not specifically mentioned in this code shall incorporate as a proviso the kind and number of nationally recognized tests to be made.
3116.3 Tests of assemblies. The building official may require special tests to be made on assemblies to determine their durability and weather resistance.
3116.4 Connections. Every device used to connect prefabricated assemblies shall be designed as required by this code and shall be capable of developing the strength of the members connected, except in the case of members forming part of a structural frame as specified in Chapter 16. Connections shall be capable of withstanding uplift forces as specified in this code and in Chapter 16.
3116.5 Pipes and conduits. In structural design, due allowance shall be made for any material to be removed for the installation of pipes, conduit, and other equipment.
3116.6 Permits, materials, plans, fees, certificate, and inspections.
3116.6.1 Materials. Materials and the assembly thereof shall be inspected to determine compliance with this code. Every material shall be graded, marked, or labeled as required elsewhere in this code.
3116.6.2 Plans. One complete set of plans and specifications shall be submitted to the building inspection division of planning and development services for approval prior to issuing a building permit for a prefabricated structure. Plans shall be of sufficient detail and clarity to indicate compliance with all applicable codes (electrical, plumbing, building, mechanical, and zoning).
3116.6.3 Permits and fees. Permit fees shall be as follows:
1. The fee for a building permit shall conform to Tables 1-A and 1-B, and the plan review fee, if applicable, shall be in accordance with Table 1-C.
2. Electrical, plumbing, and mechanical permits and fees shall conform to the respective permit requirements and fee schedules.
3116.6.4 Certificate. A certificate of approval shall be furnished with every prefabricated assembly and prefabricated structure, except where the assembly is readily accessible to inspection at the site. The certificate of approval shall certify that the assembly in question has been inspected and meets all the requirements of this code. When mechanical equipment is installed so that it cannot be inspected at the site, the certificate of approval shall certify that such equipment complies with the laws applying thereto.
3116.6.5 Certifying agency. To be acceptable under this code, every certificate of approval shall be made by the approved agency.
3116.6.6 Field erection. The building official shall inspect placement of prefabricated assemblies at the building site to determine compliance with this code. Installation and finishing work at the building site must be performed by locally licensed contractors where required. Final inspections are to be made after the installation and finishing work has been completed and the building is ready for occupancy.
3116.6.7 Continuous inspection. If continuous inspection is required for certain materials where construction takes place on the site, it shall also be required where the same materials are used in prefabricated construction.
Exception: Continuous inspection will not be required during prefabrication if the approved agency certifies to the construction and furnishes evidence of compliance.
3116.6.8 Moving permits. A moving permit shall be obtained for each prefabricated structure being moved within the city in accordance with Section 3404 Moved Buildings. No person except a building mover licensed pursuant to subsection 3404.2 of Section 150.017 of the Code of Ordinances of Sioux Falls shall move a prefabricated structure or part thereof across, along, or over public property.
3303.1 Construction documents. No person shall demolish or wreck a building or structure without first obtaining a razing permit. Permit fees shall be paid in accordance with Item 5 of Table 1-C. Construction documents and a schedule for demolition shall be submitted where required by the building official. Where such information is required, work shall not be done until such construction documents or schedule, or both, are approved. The applicant shall secure insurance covering any possible liability that could incur during demolition.
3303.6 Utility connections. Service utility connections shall be discontinued and capped in accordance with the approved rules and the requirements of the applicable governing authority.
Before a razing permit can be issued, the applicant must furnish approval from the city engineering division that applicable permits have been secured to ensure that all utilities will be properly disconnected and inspected as per city engineer’s specifications. The applicant shall be responsible for notifying other utilities of such anticipated demolition.
(1957 Rev. Ords., § 1.6101; 1992 Code, § 11-20) (Ord. 2530, passed 3-11-1968; Ord. 2769, passed 7-6-1971; Ord. 33-72, passed 5-30-1972; Ord. 25-73, passed 4-16-1973; Ord. 33-73, passed 4-30-1973; Ord. 27-79, passed 4-16-1979; Ord. 61-80, passed 7-7-1980; Ord. 27-82, passed 3-29-1982; Ord. 71-82, passed 6-14-1982; Ord. 115-84, passed 8-6-1984; Ord. 116-84, passed 8-6-1984; Ord. 103-85, passed 12-2-1985; Ord. 70-86, passed 7-7-1986; Ord. 95-86, passed 11-24-1986; Ord. 105-86, passed 12-8-1986; Ord. 106-86, passed 12-8-1986; Ord. 39-87, passed 6-1-1987; Ord. 66-88, passed 7-25-1988; Ord. 110-88, passed 12-28-1988; Ord. 131-89, passed 12-18-1989; Ord. 11-92, passed 2-3-1992; Ord. 103-94, passed 11-21-1994; Ord. 112-94, passed 12-19-1994; Ord. 30-95, passed 2-21-1995; Ord. 67-95, passed 5-15-1995; Ord. 74-95, passed 6-5-1995; Ord. 93-95, passed 7-3-1995; Ord. 115-96, passed 10-7-1996; Ord. 93-97, passed 12-15-1997; Ord. 12-98, passed 2-2-1998; Ord. 111-98, passed 10-19-1998; Ord. 103-00, passed 12-4-2000; Ord. 113-01, passed 12-10-2001; Ord. 23-03, passed 3-3-2003; Ord. 22-04, passed 3-1-2004; Ord. 28-07, passed 2-20-2007; Ord. 105-08, passed 8-18-2008; Ord. 16-10, passed 3-1-2010; Ord. 99-12, passed 12-18-2012; Ord. 50-13, passed 8-20-2013; Ord. 125-15, passed 12-15-2015; Ord. 28-19, passed 3-19-2019; Ord. 138-21, passed 11-16-2021; Ord. 96-22, passed 8-9-2022)
§ 150.030 ADOPTED.
(a) The International Mechanical Code, 2021 edition, including Appendix A, and the International Fuel Gas Code including Appendix A, B, and C, 2021 edition, as amended, are hereby adopted for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use, or maintenance of heating, ventilation, cooling, refrigeration, incinerators, or other miscellaneous heat producing appliances in the city, and for providing for performance of inspections and collection of fees therefor.
(b) The adoption of the 2021 International Mechanical Code and the 2021 International Fuel Gas Code will become effective January 1, 2022. The minimum mechanical standards referenced in the International Mechanical Code and the International Fuel Gas Code shall be applied to any permit issued after December 31, 2021.
(c) The city shall publish this ordinance, without attachments, after its passage. The attachments are on file and available for inspection at the office of the city clerk.
(1992 Code, § 11-31) (Ord. 5-79, passed 1-8-1979; Ord. 64-80, passed 7-7-1980; Ord. 104-85, passed 12-2-1985; Ord. 109-88, passed 12-28-1988; Ord. 10-92, passed 2-3-1992; Ord. 94-93, passed 12-6-1993; Ord. 75-95, passed 6-5-1995; Ord. 15-98, passed 2-2-1998; Ord. 115-01, passed 12-10-2001; Ord. 24-04, passed 3-1-2004; Ord. 31-07, passed 2-20-2007; Ord. 19-10, passed 3-1-2010; Ord. 103-12, passed 12-18-2012; Ord. 128-15, passed 12-15-2015; Ord. 27-19, passed 3-19-2019; Ord. 140-21, passed 11-16-2021)
§ 150.031 AMENDMENTS, ADDITIONS, AND DELETIONS TO THE 2021 INTERNATIONAL MECHANICAL CODE.
The following sections and subsections of the 2021 International Mechanical Code adopted in this subchapter shall be amended, added, or deleted as follows. All other sections or subsections of the 2021 International Mechanical Code shall remain the same.
[A] 101.1 Title. These regulations shall be known as the Mechanical Code of the city of Sioux Falls, hereinafter referred to as “this code.”
[A] 103.1 Creation of agency. The mechanical division is hereby created and the official in charge thereof shall be known as the code official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code.
[A] 103.2 Appointment. Not adopted by the city.
[A] 104.8 Liability. The code official, member of the board of appeals, or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered civilly or criminally liable personally, and is hereby relieved from personal liability for any damage accruing to persons or property as a result of an act or by reason of an act or omission in the discharge of official duties.
This code shall not be construed to relieve or lessen the responsibility of any person owning, operating, or controlling any building or structure for any damages to persons or property caused by defects, nor shall the city, or its officers and employees, be held as assuming any such liability by reason of the inspections authorized by this code or any permits or certificates issued under this code.
[A] 104.8.1 Legal defense. Any suit or criminal complaint instituted against any officer or employee because of an act or omission performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be afforded all the protection provided by the city’s insurance pool and immunities and defenses provided by other applicable state and federal laws and be defended by the legal representatives of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit, or proceeding that is instituted in pursuance of the provisions of this code.
[A] 108.2 Required inspections and testing. It shall be the duty of the licensed mechanical contractor, or his designated mechanic doing the work authorized by a permit, or the homeowner holding the homeowner's mechanical permit to notify the mechanical inspector that such work is ready for inspection. The building official may require that every request for inspection be filed at least one working day before such inspection is desired.
The code official, upon notification from the permit holder or the permit holder's agent, shall make the following inspections and other such inspections as necessary, and shall either release that portion of the construction or shall notify the permit holder or the permit holder's agent of violations that must be corrected. The holder of the permit shall be responsible for the scheduling of such inspections.
1. Underground inspection shall be made after trenches or ditches are excavated and bedded, piping installed, and before backfill is put in place. Where excavated soil contains rocks, broken concrete, frozen chunks, and other rubble that would damage or break the piping or cause corrosive action, clean backfill shall be on the job site.
2. Rough-in inspection shall be made after the roof, framing, fire blocking, and bracing are in place and all ducting and other components to be concealed are complete, and prior to the installation of wall or ceiling membranes.
3. Final inspection shall be made upon completion of the mechanical system.
Exception: Ground-source heat pump loop systems tested in accordance with Section 1210.10 shall be permitted to be backfilled prior to inspection.
The requirements of this section shall not be considered to prohibit the operation of any heating equipment or appliances installed to replace existing heating equipment or appliances serving an occupied portion of a structure provided that a request for inspection of such heating equipment or appliances has been filed with the department not more than 48 hours after such replacement work is placed into operation or substantially completed, and before any portion of such equipment or appliances is concealed by any permanent portion of the structure.
[A] 109.2.1 Fee schedule. The fees for mechanical work shall be as indicated in the following schedule:
Through December 31, 2021, the following fees shall be charged for mechanical and fuel gas permits and inspections:
Table No. 1-A. Mechanical Permit Fees
|
Table No. 1-A. Mechanical Permit Fees
| |
Permit Issuance | |
Homeowner’s permit (plus the unit fee costs for the work to be inspected) | $20 |
Unit Fee Schedule (Inspections) | |
1. Minimum inspection fee. | $19 |
2. For the installation or relocation of each forced-air or gravity-type furnace or burner, including ducts and vents attached to such appliance. | $12 |
3. For the installation or relocation of each floor furnace, including vent. | $12 |
4. For the installation or relocation of each suspended heater, recessed wall heater, or floor-mounted unit heater. | $12 |
5. For the installation, relocation, or replacement of each appliance vent installed and not included in an appliance permit. | $6 |
6. For the repair of, alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption, or evaporative cooling system, including installation of controls regulated by this code. | $12 |
7. For the installation or relocation of each boiler or compressor or each absorption system. | $12 |
8. For each air-handling unit to and including 10,000 cubic feet per minute (4,720 L/S), including ducts attached thereto. | $12 |
9. For each air-handling unit over 10,000 cfm (4,720 L/S). | $15 |
10. For each evaporative cooler other than portable type. | $10 |
11. For each ventilating fan connected to a single duct. | $6 |
12. For each ventilation system which is not a portion of any heating or air-conditioning system authorized by a permit. | $10 |
13. For the installation of each commercial hood which is served by mechanical exhaust, including the ducts for such hood. | $15 |
14. For the installation or relocation of each commercial, industrial, or domestic-type incinerator. | $20 |
15. For each appliance or piece of equipment regulated by this code but not classed in other appliance categories, or for which no other fee is listed in this code. | $12 |
16. For each fire damper, smoke damper, or combination fire/smoke damper. | $1 |
17. Variable air volume (VAV) terminals. | $1 |
Other Inspections and Fees | |
1. Inspections outside of normal business hours (minimum charge, one hour), per hour*. | $70 |
2. Reinspection fees assessed under provisions of Section 107 (minimum charge, one hour), per hour*. | $70 |
3. Inspections for which no fee is specifically indicated (minimum charge, one hour), per hour*. | $70 |
4. Additional plan review required by changes, additions, or revisions to approved plans (minimum charge, one hour), per hour* | $70 |
5. Appeals. Before the board takes any action, the party or parties requesting such hearing shall deposit with the secretary of the board, or his or her authorized agent, the sum of $65 to cover the approximate cost of the procedure. Under no condition shall the sum or any portion thereof be refunded for failure of the request to be approved. | |
6. Examination Fee. All classes per examination. | $75 |
7. A mileage fee based on the current rate per mile authorized by the Internal Revenue Service shall be charged for any inspection occurring outside the city limits. | |
8. When a plan or other data is required to be submitted by SDCL 36-18 or when the building official requires submittal of plans, computations, or specifications in accordance with Section 106.3, a plan review fee shall be charged. The plan review fee shall be 25 percent of the mechanical portion of the building permit fee as shown on Table 1-B, Commercial Building Permit Fees, of § 150.017 of the Code of Ordinances of the city of Sioux Falls. | |
9. Bond Claims. An administrative fee shall be charged to cover the administrative cost of filing a claim. | $150 |
10. Delinquent Accounts. The administrative authority may refuse inspections or may deny credit on accounts receivables that are delinquent. | |
11. Fee for late corrections. A $100 administrative fee may be charged for failure to correct violations within the time specified on a contractor’s correction report. | |
12. Fee for failure to request a required inspection. Where mechanical work is completed without a request for an inspection, an administrative fee of $250 may be charged. | |
* Or the total hourly cost to the city, whichever is greater. This cost shall include supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved. | |
Commencing January 1, 2022, the following fees shall be charged for permits and inspections:
Table No. 1-A. Mechanical Permit Fees*
| |||
Total Project Valuation | % of Project | Electrical Valuation | Fee |
Table No. 1-A. Mechanical Permit Fees*
| |||
Total Project Valuation | % of Project | Electrical Valuation | Fee |
$0.01 to $50,000.00 | 10% | $0.01 to $5,000.00 | $40 |
$50,000.01 to $250,000.00 | 10% | $5,000.01 to 25,000.00 | $40 for the first $5,000, plus $6 for each additiona l $1,000 or fraction thereof, to and including $25,000 |
$250,000.01 to $500,000.00 | 10% | $25,000.01 to $50,000.00 | $160 for the first $25,000, plus $5.25 for each additional $1,000 or fraction thereof, to and including $50,000 |
$500,000.01 to $1,000,000.00 | 10% | $50,000.01 to $100,000.00 | $291.25 for the first $50,000, plus $4.50 for each additional $1,000 or fraction thereof, to and including $100,000 |
$1,000,000.01 to $2,500,000.00 | 10% | $100,000.01 to $250,000.00 | $516.25 for the first $100,000 plus $4.25 for each additional $1,000 or fraction thereof, to and including $250,000 |
$2,500,000.01 to $5,000,000.00 | 10% | $250,000.01 to $500,000.00 | $1,153.75 for the first $250,000, plus $4 for each additional $1,000 or fraction thereof, to and including $500,000 |
$5,000,000.01 to $10,000,000.00 | 10% | $500,000.01 to $1,000,000.00 | $2,153.75 for the first $500,000, plus $3.50 for each additional $1,000 or fraction thereof, to and including $1,000,000 |
$10,000,000.01 and up | 10% | $1,000,000.01 and up | $3,903.75 for the first $1,000,000, plus $3 for each additional $1,000 or fraction thereof |
Other Inspections and Fees
|
Other Inspections and Fees
| |
1. Homeowner's permit. | $25 |
2. Inspections outside of normal business hours (minimum charge, one hour), per hour. | $200** |
3. Reinspection fees assessed under provisions of Section 108 of the International Mechanical Code (minimum charge, one hour), per hour. | $200** |
4. When a plan or other data is required to be submitted by SDCL 36-18A or when the building official requires submittal of plans, computations, or specifications in accordance with Section 110, a plan review fee shall be charged. The plan review fee shall be 25 percent of the mechanical permit fee as shown on Table No. 1-B, Commercial Building Permit Fees, of § 150.017 of the Code of Ordinances of Sioux Falls, South Dakota. | |
5. Additional plan review required by changes, additions, revisions to approved plans (minimum charge, one hour), per hour. | $100** |
6. Fee for late corrections. If corrections listed on an inspection report are not completed within the specified time, the inspector shall issue a correction order and assess a $100 administrative fee. The inspector shall also assess a reinspection fee. | $100 |
7. Fee for failure to request a required inspection. Where mechanical or fuel gas work is completed without a request for an inspection, an administrative fee of $250 may be charged. | $250 |
8. Board of appeals fees. Before any action is taken by the board, the party or parties requesting the hearing shall deposit with the secretary of the board or his or her authorized agent, the sum of $100 to cover the approximate cost of the procedure. Under no condition shall the sum or any portion thereof be refunded for failure of the request to be approved. | $100 |
9. Examination fee; per examination | $75 |
10. A mileage fee at the current rate per mile as established by the finance department shall be charged for any inspection occurring outside city limits. | |
11. Bond claims. An administrative fee shall be charged to cover the administrative cost of filing a claim. | $250 |
*The Total Project Valuation of the project will be used when a building permit is issued. | |
**Or the total hourly cost to the city, whichever is greater. This cost shall include supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved. | |
The building official may refuse to issue permits or conduct inspections for any delinquent account.
[A] 109.6 Refunds. The code official is authorized to establish a refund policy. The refunding of fees shall be as follows:
1. The full amount of any fee paid hereunder which was erroneously paid or collected.
2. Not more than 80 percent of the permit fee paid where work has not been done under a permit issued in accordance with this code.
3. Not more than 80 percent of the plan review fee paid where an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended.
The code official shall not authorize the refunding of any fee paid later than 180 days after the date of fee payment.
[A] 115.3 Prosecution of violation. If the notice of violation is not complied with promptly, the code official shall request the legal counsel of the jurisdiction to deem the violation as a strict liability offense and institute the appropriate proceeding at law or in equity to restrain, correct, or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto.
[A] 115.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, or repair mechanical work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of an ordinance violation and be subject to administrative citations through the code enforcement process.
[A] 114.1 Mechanical board of appeals and examiners. There is hereby created a mechanical board of appeals and examiners to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the application and interpretation of the International Mechanical Code, International Fuel Gas Code, including Part V—Mechanical and Part VI—Fuel Gas of the International Residential Code, to determine that the provisions of these codes do not fully apply, to determine if an equally or better construction is proposed as an alternative, to review all prospective changes to the mechanical and fuel gas codes and to submit recommendations to the responsible official and the city council, to review licensing and test application determinations and to examine applicants for licensing, and to investigate matters brought to the board. It shall consist of five members qualified by experience and training to pass upon matters pertaining to mechanical design, construction, and maintenance and the public health aspects of mechanical systems referenced in the International Mechanical Code and the International Fuel Gas Code. The building official or mechanical inspector shall be an ex officio member and shall act as secretary of the board, but shall have no vote upon any matter before the board. Members shall be appointed by the mayor with the advice and consent of the council and shall hold office for a term of three years. The board shall adopt rules and procedures for conducting its business. All decisions and findings shall be provided in writing to the appellant with a duplicate copy provided to the building services division.
[A] 114.2 Limitations of authority. The mechanical board of appeals and examiners shall not have authority to waive requirements of this code or interpret the administration of this code.
[A] 114.3 Qualifications. Not adopted by the city.
[A] 114.4 Administration. Not adopted by the city.
201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Building Code, International Residential Code, International Existing Building Code, NFPA 70, International Fire Code, International Fuel Gas Code, or the Uniform Plumbing Code, such terms shall have meanings ascribed to them as in those codes.
Section 202—General Definitions. Add the following definition:
STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited or failed to do an act which the defendant was legally required to do.
301.2 Energy utilization. Heating, ventilating, and air-conditioning systems of all structures may be designed and installed for efficient utilization of energy in accordance with the International Energy Conservation Code.
301.11 Plumbing connections. Potable water supply and building drainage system connections to equipment and appliances regulated by this code shall be in accordance with the Plumbing Code.
304.10 Clearances from grade. Equipment and appliances installed at grade level shall be supported on a level concrete slab or other approved material extending not less than 1 1/2 inches (38 mm) above adjoining grade or shall be suspended not less than 6 inches (152 mm) above adjoining grade. Such support shall be in accordance with the manufacturer's installation instructions.
304.11 Guards. Guards shall be provided where various components that require service and roof hatch openings are located within 10 feet (3,048 mm) of a roof edge or open side of a walking surface and such edge or open side is located more than 30 inches (762 mm) above the floor, roof, or grade below. The guard shall extend not less than 30 inches (762 mm) beyond each end of components that require service and each end of the roof hatch parallel to the roof edge. The top of the guard shall be located not less than 42 inches (1,067 mm) above the elevated surface adjacent to the guard. The guard shall be constructed so as to prevent the passage of a 21-inch-diameter (533 mm) sphere and shall comply with the loading requirements for guards specified in the International Building Code.
306.2 Appliances in rooms. Rooms containing appliances shall be provided with a door and an unobstructed passageway to the service area of the appliance measuring not less than 36 inches (914 mm) wide and 80 inches (2,032 mm) high.
Exception: Within a dwelling unit, appliances installed in a compartment, alcove, basement, or similar space shall be accessed by an opening or door and an unobstructed passageway measuring not less than 24 inches (610 mm) wide and large enough to allow removal of the largest appliance in the space, provided that a level service space of not less than 30 inches (762 mm) deep and the height of the appliance, but not less than 30 inches (762 mm), is present at the front or service side of the appliance with the door open.
306.5 Equipment and appliances on roofs or elevated structures. Where equipment requiring access or appliances are located on an elevated structure or the roof of a building such that personnel will have to climb higher than 16 feet (4,877 mm) above grade or floor level to access such equipment or appliances, an interior or exterior means of access shall be provided. Such access shall not require climbing over obstructions greater than 30 inches (762 mm) in height or walking on roofs having a slope greater than 4 units vertical in 12 units horizontal (33 percent slope). Such access shall not require the use of portable ladders. Where access involves climbing over parapet walls, the height shall be measured to the top of the parapet wall.
Permanent ladders installed to provide the required access shall comply with the following minimum design criteria:
1. The side railing shall extend above the parapet or roof edge not less than 30 inches (762 mm).
2. Ladders shall have rung spacing not to exceed 14 inches (356 mm) on center. The uppermost rung shall be not greater than 24 inches (610 mm) below the upper edge of the roof hatch, roof, or parapet, as applicable.
3. Ladders shall have a toe spacing not less than 6 inches (152 mm) deep.
4. There shall be not less than 18 inches (457 mm) between rails.
5. Rungs shall have a diameter not less than 0.75 inch (19 mm) and be capable of withstanding a 300-pound (136.1 kg) load.
6. Ladders over 30 feet (9,144 mm) in height shall be provided with offset sections and landings capable of withstanding 100 pounds per square foot (488.2 kg/m2). Landing dimensions shall be not less than 18 inches (457 mm) and not less than the width of the ladder served. A guard rail shall be provided on all open sides of the landing.
7. Climbing clearance. The distance from the centerline of the rungs to the nearest permanent object on the climbing side of the ladder shall be not less than 30 inches (762 mm) measured perpendicular to the rungs. This distance shall be maintained from the point of ladder access to the bottom of the roof hatch. A minimum clear width of 15 inches (381 mm) shall be provided on both sides of the ladder measured from the midpoint of and parallel with the rungs except where cages or wells are installed.
8. Landing required. The ladder shall be provided with a clear and unobstructed bottom landing area having a minimum dimension of 30 inches (762 mm) by 30 inches (762 mm) centered in front of the ladder.
9. Ladders shall be protected against corrosion by approved means.
10. Access to ladders shall be provided at all times.
11. Exterior access may be by means of a ladder which need not extend closer than 8 feet (2,438 mm) to finished grade.
12. When a new hatch is being used to access equipment or appliances on a roof or elevated structure, the handle or release must be on the same side of the roof hatch as the ladder or within 18 inches of the ladder.
Catwalks installed to provide the required access shall be not less than 24 inches (610 mm) wide and shall have railings as required for service platforms.
Exception: This section shall not apply to Group R-3 occupancies.
306.5.1 Sloped roofs. Where appliances, equipment, fans, or other components that require service are installed on a roof having a slope of greater than 3 units vertical in 12 units horizontal (25 percent slope) and having an edge more than 30 inches (762 mm) above grade at such edge, a level platform shall be provided on each side of the appliance or equipment to which access is required for service, repair, or maintenance. The platform shall be not less than 30 inches (762 mm) in any dimension and shall be provided with guards. The guards shall extend not less than 42 inches (1,067 mm) above the platform, shall be constructed so as to prevent the passage of a 21-inch-diameter (533 mm) sphere, and shall comply with the loading requirements for guards specified in the International Building Code. Access shall not require walking on roofs having a slope greater than 4 units vertical in 12 units horizontal (33 percent slope).
Where access involves obstructions greater than 30 inches (762 mm) in height, such obstructions shall be provided with ladders installed in accordance with Section 306.5 or stairways installed in accordance with the requirements specified in the International Building Code in the path of travel to and from appliances, fans, or equipment requiring service.
312.1 Load calculations. When deemed necessary by the mechanical inspector, heating and cooling system design loads for the purpose of sizing systems, appliances, and equipment shall be determined in accordance with the procedures described in the ASHRAE/ACCA Standard 183. Alternatively, design loads shall be determined by an approved equivalent computation procedure, using the design parameters specified in Chapter 3 [CE] of the International Energy Conservation Code.
401.4 Intake opening location. Air intake openings shall comply with all of the following:
1. Intake openings shall be located not less than 10 feet (3,048 mm) from lot lines or buildings on the same lot.
2. Mechanical and gravity outdoor air intake openings shall be located not less than 10 feet (3,048 mm) horizontally from any hazardous or noxious contaminant source, such as vents, streets, alleys, parking lots, and loading docks, except as specified in Item 3 or Section 501.3.1. Outdoor air intake openings shall be permitted to be located less than 10 feet (3,048 mm) horizontally from streets, alleys, parking lots, and loading docks provided that the openings are located not less than 25 feet (7,620 mm) vertically above such locations. Where openings front on a street or public way, the distance shall be measured from the centerline of the street or public way.
3. Intake openings shall be located not less than 3 feet (914 mm) below contaminant sources where such sources are located within 10 feet (3,048 mm) of the opening. Separation is not required between intake air openings and living space exhaust air openings of an individual dwelling unit or sleeping unit where an approved factory-built intake/exhaust combination fitting is used to separate the air streams in accordance with the manufacturer's instructions.
4. Intake openings on structures in flood hazard areas shall be at or above the elevation required by Section 1612 of the International Building Code for utilities and attendant equipment.
403.3.2 Group R-2, R-3, and R-4 occupancies, three stories and less. The design of local exhaust systems and ventilation systems for outdoor air in Group R-2, R-3, and R-4 occupancies three stories and less in height above grade plane shall comply with Sections 403.3.2.1 through 403.3.2.5.
Exceptions:
1. A bathroom exhaust fan shall operate continuously at a minimum rate of 20 cfm. A 6 inch-round passive makeup air shall be provided. If opening directly into the occupied space, such opening shall not decrease the comfort conditions of the occupied space. Such opening may also be used to provide combustion air for fuel-fired appliances if sized and designed for combustion air purposes. If opening into the mechanical room, permanent openings shall be provided between the mechanical room and occupied space to provide a path of travel for the air. The exhaust fan shall be located in the bathroom farthest away from the source of makeup air and shall be rated for 0.8 sones or less.
2. A 4-inch-round fresh air duct connected to the return side of the air handler. The duct shall be insulated to a minimum R-6 and shall connect to the return trunk duct within 8 feet of the air handler duct connection, not above a finished ceiling.
Table 403.3.2.3
MINIMUM REQUIRED LOCAL EXHAUST RATES FOR GROUP R-2, R-3, AND R-4
OCCUPANCIES
AREA TO BE EXHAUSTED | EXHAUST RATES |
Bathrooms—Toilet Rooms | 50 cfm intermittent or 20 cfm continuous |
501.3.1 Location of exhaust outlets. The termination point of exhaust outlets and ducts discharging to the outdoors shall be located with the following minimum distances:
1. For ducts conveying explosive or flammable vapors, fumes, or dusts: 30 feet (9,144 mm) from property lines; 10 feet (3,048 mm) from operable openings into buildings; 6 feet (1,829 mm) from exterior walls and roofs; 30 feet (9,144 mm) from combustible walls and operable openings into buildings which are in the direction of the exhaust discharge; 10 feet (3,048 mm) above adjoining grade.
2. For other product-conveying outlets: 10 feet (3,048 mm) from the property lines; 3 feet (914 mm) from exterior walls and roofs; 10 feet (3,048 mm) from operable openings into buildings; 10 feet (3,048 mm) above adjoining grade.
3. For all environmental air exhaust: 3 feet (914 mm) from property lines; 3 feet (914 mm) from operable openings into buildings for all occupancies other than Group U; and 10 feet (3,048 mm) from mechanical air intakes. Such exhaust shall not be considered hazardous or noxious. Separation is not required between intake air openings and living space exhaust air openings of an individual dwelling unit or sleeping unit where an approved factory-built intake/exhaust combination termination fitting is used to separate the air streams in accordance with the manufacturer's instructions.
Exceptions:
1. Bathroom exhaust fans serving individual dwelling units or sleeping units in Group R occupancies may be 3 feet from property lines, operable openings, and mechanical air intakes.
2. Minimum clearances between the exhaust and intake openings of an HRV/ERV system shall be in accordance with the manufacturer’s installation instructions.
3. Exhaust outlets serving structures in flood hazard areas shall be installed at or above the elevation required by Section 1612 of the International Building Code for utilities and attendant equipment.
4. For specific systems, see the following sections:
4.1. Clothes dryer exhaust, Section 504.4.
4.2. Kitchen hoods and other kitchen exhaust equipment, Sections 506.3.13, 506.4, and 506.5.
4.3. Dust stock and refuse conveying systems, Section 511.2.
4.4. Subslab soil exhaust systems, Section 512.4.
4.5. Smoke control systems, Section 513.10.3.
4.6. Refrigerant discharge, Section 1105.7.
4.7. Machinery room discharge, Section 1105.6.1.
504.4 Exhaust installation. Dryer exhaust ducts for clothes dryers shall terminate on the outside of the building not less than 5 feet (1524 mm) from any intake opening and shall be equipped with a backdraft damper. Screens shall not be installed at the duct termination. Ducts shall not be connected or installed with sheet metal screws or other fasteners that will obstruct the exhaust flow. Clothes dryer exhaust ducts shall not be connected to a vent connector, vent, or chimney. Clothes dryer exhaust ducts shall not extend into or through ducts or plenums. Clothes dryer exhaust ducts shall be sealed in accordance with Section 603.9.
508.1.1 Makeup air temperature. The temperature of makeup air shall not be more than 10ºF (-12ºC) below the temperature of the air in the conditioned space.
Exceptions:
1. Makeup air that is part of the air-conditioning system.
2. Makeup air that does not decrease the comfort conditions of the occupied space.
512.2 Materials. Subslab soil exhaust system duct material shall be air duct material listed and labeled to the requirements of UL 181 for Class 0 air ducts, or any of the following piping materials that comply with the plumbing code as building sanitary drainage and vent pipe: cast iron; galvanized steel; brass or copper pipe; copper tube of a weight not less than that of copper drainage tube, Type DWV; and plastic piping.
512.5 Identification. Not adopted by the city.
602.2.1.1 Wiring. Combustible electrical wires and cables and optical fiber cables exposed within a plenum shall be listed and labeled as having a peak optical density not greater than 0.50, an average optical density not greater than 0.15, and a flame spread distance of 5 feet (1,524 mm) when tested in accordance with NFPA 262 or shall be installed in metal raceways or metal sheathed cable. Combustible optical fiber and communication raceways exposed within a plenum shall be listed and labeled as having a peak optical density not greater than 0.5, an average optical density not greater than 0.15, and a flame spread distance not greater than 5 feet (1,524 mm) when tested in accordance with UL 2024. Only plenum-rated wires and cables shall be installed in plenum-rated raceways.
Exception: Alternate wiring systems located within a plenum serving an information technology equipment room are allowed per NFPA 70.
603.2 Duct sizing. Ducts installed within a single dwelling unit shall be sized in accordance with ACCA Manual D, the appliance manufacturer's installation instructions, or other approved methods. Ducts installed within all other buildings may be sized in accordance with the ASHRAE Handbook of Fundamentals or other equivalent computation procedure.
603.6.1.1 Duct length. Flexible air ducts shall be limited to 14 feet (4.3 m) in length.
603.6.2 Flexible air connectors. Not adopted by city.
603.6.2.1 Connector length. Not adopted by city.
603.6.2.2 Connector penetration limitations. Not adopted by city.
603.6.3 Air temperature. The design temperature of air to be conveyed in flexible air ducts shall be less than 250ºF (121ºC).
603.6.4 Flexible air duct clearance. Flexible air ducts shall be installed with a minimum clearance to an appliance as specified in the appliance manufacturer’s installation instructions.
603.8.2 Sealing. Ducts shall be sealed, secured, and tested prior to concrete encasement or direct burial.
603.9 Joints, seams, and connections. All longitudinal and transverse joints, seams, and connections in metallic and nonmetallic ducts shall be constructed as specified in SMACNA HVAC Duct Construction Standards—Metal and Flexible and NAIMA Fibrous Glass Duct Construction Standards. All joints, longitudinal and transverse seams, and connections in ductwork outside the building thermal envelope, all return ducts located within 10 feet (3.05 m) of any appliance or all return ducts within a mechanical room, and all supply main trunk ducts and branch duct connections to the main trunk ducts shall be securely fastened and sealed with welds, gaskets, mastics (adhesives), mastic-plus-embedded-fabric systems, liquid sealants, or tapes. Tapes and mastics used to seal fibrous glass ductwork shall be listed and labeled in accordance with UL 181A and shall be marked "181 A-P" for pressure-sensitive tape, "181 A M" for mastic or "181 A-H" for heat-sensitive tape. Tapes and mastics used to seal metallic and flexible air ducts and flexible air connectors shall comply with UL 181B and shall be marked "181 B-FX" for pressure-sensitive tape or "181 B-M" for mastic. Duct connections to flanges of air distribution system equipment shall be sealed and mechanically fastened. Mechanical fasteners for use with flexible nonmetallic air ducts shall comply with UL 181B and shall be marked "181 B-C." Closure systems used to seal all ductwork shall be installed in accordance with the manufacturer's instructions.
Exception: For ducts having a static pressure classification of less than 2 inches of water column (500 Pa), additional closure systems shall not be required for continuously welded joints and seams and locking-type joints and seams. This exception shall not apply to snap-lock and button-lock type joints and seams located outside the conditioned spaces.
[F] 606.4.1 Supervision. The duct smoke detectors shall be connected to a fire alarm system where a fire alarm system is required by Section 907.2 of the International Fire Code. The actuation of a duct smoke detector shall activate a visible and audible supervisory signal at a constantly attended location. In facilities that are required to be monitored by a supervising station, duct smoke detectors shall report only as a supervisory signal, not as a fire alarm. Duct smoke detectors installed more than 10 feet (3.1 m) above a finished floor, above a ceiling, or on a rooftop shall be installed with remote test/indicators in an approved location below and in proximity to the unit served.
Exceptions:
1. The supervisory signal at a constantly attended location is not required where the duct smoke detector activates the building's alarm-indicating appliances.
2. In occupancies not required to be equipped with a fire alarm system, actuation of a smoke detector shall activate a visible and audible signal in an approved location. Duct smoke detector trouble conditions shall activate a visible or audible signal in an approved location and shall be identified as air duct detector trouble.
[BF] 607.5.2 Fire barriers. Ducts and air transfer openings that penetrate fire barriers shall be protected with listed fire dampers installed in accordance with their listing. Ducts and air transfer openings shall not penetrate enclosures for interior exit stairways and ramps and exit passageways except as permitted by Sections 1023.5 and 1024.6, respectively, of the International Building Code.
Exception: Fire dampers are not required at penetrations of fire barriers where any of the following apply:
1. Penetrations are tested in accordance with ASTM E119 or UL 263 as part of the fire-resistance-rated assembly.
2. Ducts are used as part of an approved smoke control system in accordance with Section 513 and where the fire damper would interfere with the operation of the smoke control system.
3. Such walls are penetrated by fully ducted HVAC systems, have a required fire-resistance rating of 1 hour or less, are in areas of other than Group H and are in buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2 of the International Building Code. For the purposes of this exception, a fully ducted HVAC system shall be a duct system for the structure's HVAC system. Such a duct system shall be constructed of sheet steel not less than 26 gage [0.0217 inch (0.55 mm)] thickness and shall be continuous from the air-handling appliance or equipment to the air outlet and inlet terminals. Flexible air ducts shall be permitted in a fully ducted system, limited to the following installations:
3.1 Nonmetallic flexible ducts that connect a duct to an air handling unit or equipment located within a mechanical room in accordance with Section 603.9.
3.2 Nonmetallic flexible air ducts in accordance with Section 603.6.1 that connect an overhead metal duct to a ceiling diffuser where the metal duct and ceiling diffuser are located within the same room.
[BF] 607.5.3 Fire partitions.
Ducts and air transfer openings that penetrate fire partitions shall be protected with listed fire dampers installed in accordance with their listing.
Exception: In occupancies other than Group H, fire dampers are not required where any of the following apply:
1. Corridor walls in buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2 of the International Building Code and the duct is protected as a through penetration in accordance with Section 714 of the International Building Code.
2. The partitions are tenant partitions in covered and open mall buildings where the walls are not required by provisions elsewhere in the International Building Code to extend to the underside of the floor or roof sheathing, slab, or deck above.
3. The duct system is constructed of approved materials in accordance with Section 603 and the duct penetrating the wall complies with all of the following requirements:
3.1. The duct shall not exceed 100 square inches (0.06 m2).
3.2. The duct shall be constructed of steel not less than 0.0217 inch (0.55 mm) in thickness.
3.3. The duct shall not have openings that communicate the corridor with adjacent spaces or rooms.
3.4. The duct shall be installed above a ceiling.
3.5. The duct shall not terminate at a wall register in the fire-resistance-rated wall.
3.6. A minimum 12-inch-long (305 mm) by 0.060-inch-thick (1.52 mm) steel sleeve shall be centered in each duct opening. The sleeve shall be secured to both sides of the wall and all four sides of the sleeve with minimum 1 1/2-inch by 1 1/2-inch by 0.060-inch (38 mm by 38 mm by 1.52 mm) steel retaining angles. The retaining angles shall be secured to the sleeve and the wall with No. 10 (M5) screws. The annular space between the steel sleeve and the wall opening shall be filled with rock (mineral) wool batting on all sides.
4. Such walls are penetrated by ducted HVAC systems, have a required fire-resistance rating of 1 hour or less, and are in areas of other than Group H and are in buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2 of the International Building Code. For the purposes of this exception, a ducted HVAC system shall be a duct system for conveying supply, return, or exhaust air as part of the structure's
HVAC system. Such a duct system shall be constructed of sheet steel not less than 26 gage in thickness and shall be continuous from the air-handling appliance or equipment to the air outlet and inlet terminals. Flexible air ducts shall be permitted in a fully ducted system, limited to the following installations:
4.1. Nonmetallic flexible ducts that connect a duct to an air handling unit or equipment located within a mechanical room in accordance with Section 603.9.
4.2. Nonmetallic flexible air ducts in accordance with 603.6.1 that connect an overhead metal duct to a ceiling diffuser where the metal duct and ceiling diffuser are located within the same room.
(1992 Code, § 11-32) (Ord. 10-92, passed 2-3-1992; Ord. 42-93, passed 5-3-1993; Ord. 94-93, passed 12-6-1993; Ord. 94-93, passed 12-6-1993; Ord. 75-95, passed 6-5-1995; Ord. 116-96, passed 10-7-1996; Ord. 93-97, passed 12-15-1997; Ord. 15-98, passed 2-2-1998; Ord. 115-01, passed 12-10-2001; Ord. 24-04, passed 3-1-2004; Ord. 27-05, passed 3-21-2005; Ord. 31-07, passed 2-20-2007; Ord. 105-08, passed 8-18-2008; Ord. 19-10, passed 3-1-2010; Ord. 103-12, passed 12-18-2012; Ord. 128-15, passed 12-15-2015; Ord. 27-19, passed 3-19-2019; Ord. 74-21, passed 7-6-2021; Ord. 140-21, passed 11-16-2021; Ord. 91-22, passed 8-9-2022)
§ 150.032 AMENDMENTS, ADDITIONS, AND DELETIONS TO THE INTERNATIONAL FUEL GAS CODE.
The following sections of the 2021 International Fuel Gas Code shall be amended, added, or deleted as follows. All other sections or subsections of the 2021 International Fuel Gas Code as published shall remain the same.
[A] 101.1 Title. These regulations shall be known as the fuel gas code of the city of Sioux Falls, hereinafter referred to as “this code.”
[A] 101.2 Scope. This code shall apply to the installation of fuel-gas piping systems, fuel gas appliances, gaseous hydrogen systems, and related accessories in accordance with Sections 101.2.1 through 101.2.5.
Exceptions:
1. Detached one- and two-family dwellings and town houses not more than three stories above grade plane in height with separate means of egress and their accessory structures not more than three stories above grade plane in height, shall comply with this code or the International Residential Code.
2. Fuel gas systems in existing buildings undergoing repair, alterations or additions, and change of occupancy shall be permitted to comply with the International Existing Building Code.
[A] 103.1 Creation of agency. The mechanical division is hereby created and the official in charge thereof shall be known as the code official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code.
[A] 103.2 Appointment. Not adopted by the city.
[A] 104.8 Liability. The code official, member of the board of appeals, or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered civilly or criminally liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or by reason of an act or omission in the discharge of official duties.
This code shall not be construed to relieve or lessen the responsibility of any person owning, operating, or controlling any building or structure for any damages to persons or property caused by defects, nor shall the city, or its officers and employees, be held as assuming any such liability by reason of the inspections authorized by this code or any permits or certificates issued under this code.
[A] 104.8.1 Legal defense. Any suit or criminal complaint instituted against any officer or employee because of an act or omission performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be afforded all the protection provided by the city’s insurance pool and immunities and defenses provided by other applicable state and federal laws and be defended by the legal representatives of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit, or proceeding that is instituted in pursuance of the provisions of this code.
[A] 109.2.1 Fee schedule. The fees for work shall be as indicated in Table No. 1-A, Mechanical Permit Fees in this code.
[A] 109.6 Refunds. The code official is authorized to establish a refund policy. The refunding of fees shall be as follows:
1. The full amount of any fee paid hereunder that was erroneously paid or collected.
2. Not more than 80 percent of the permit fee paid where work has not been done under a permit issued in accordance with this code.
3. Not more than 80 percent of the plan review fee paid where an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended.
The code official shall not authorize the refunding of any fee paid later than 180 days after the date of fee payment.
[A] 112.2 Required inspections and testing. It shall be the duty of the licensed mechanical contractor, or his designated mechanic, doing the work authorized by a permit to notify the mechanical inspector that such work is ready for inspection. The building official may require that every request for inspection be filed at least one working day before such inspection is desired.
The code official, on notification from the permit holder or the permit holder’s agent, shall make the following inspections and other such inspections as necessary, and shall either release that portion of the construction or notify the permit holder or the permit holder’s agent of violations that are required to be corrected. The holder of the permit shall be responsible for scheduling such inspections.
1. Underground inspection shall be made after trenches or ditches are excavated and bedded, piping is installed, and before backfill is put in place. Where excavated soil contains rocks, broken concrete, frozen chunks, and other rubble that would damage or break the piping or cause corrosive action, clean backfill shall be on the job site.
2. Rough-in inspection shall be made after the roof, framing, fire blocking, and bracing are in place and components to be concealed are complete and prior to the installation of wall or ceiling membranes.
3. Final inspection shall be made upon completion of the installation.
The requirements of this section shall not be considered to prohibit the operation of any heating appliance installed to replace an existing heating appliance serving an occupied portion of a structure in the event a request for inspection of such heating appliance has been filed with the department not more than 48 hours after replacement work is placed into operation or substantially completed, and before any portion of such appliance is concealed by any permanent portion of the structure.
[A] 115.3 Prosecution of violation. If the notice of violation is not complied with promptly, the code official shall request the legal counsel of the jurisdiction to deem the violation as a strict liability offense and institute the appropriate proceeding at law or in equity to restrain, correct, or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto.
[A] 115.4 Violation penalties. Persons who shall violate a provision of this code, fail to comply with any of the requirements thereof, or erect, install, alter, or repair work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of an ordinance violation and be subject to administrative citations through the code enforcement process.
[A] 113.1 Mechanical board of appeals and examiners. There is hereby created a mechanical board of appeals and examiners to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the application and interpretation of the International Mechanical Code, International Fuel Gas Code, including Part V—Mechanical and Part VI—Fuel Gas of the International Residential Code, to determine that the provisions of these codes do not fully apply, to determine if an equally or better construction is proposed as an alternative, to review all prospective changes to the mechanical and fuel gas codes and to submit recommendations to the responsible official and the city council, to review licensing and test application determinations and to examine applicants for licensing, and to investigate matters brought to the board. It shall consist of five members qualified by experience and training to pass upon matters pertaining to mechanical design, construction, and maintenance and the public health aspects of mechanical systems referenced in the International Mechanical Code and the International Fuel Gas Code. The building official or mechanical inspector shall be an ex officio member and shall act as secretary of the board, but shall have no vote upon any matter before the board. Members shall be appointed by the mayor with the advice and consent of the council and shall hold office for a term of three years. The board shall adopt rules and procedures for conducting its business. All decisions and findings shall be provided in writing to the appellant with a duplicate copy provided to the building services division.
[A] 113.2 Limitation of authority. The mechanical board of appeals and examiners shall not have authority to waive requirements of this code or interpret the administration of this code.
Section 114 Board of Appeals. Not adopted by the city.
201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Building Code, International Residential Code, International Existing Building Code, NFPA 70, International Fire Code, International Mechanical Code, or the Uniform Plumbing Code, such terms shall have meanings ascribed to them as in those codes.
Section 202—General Definitions. Add the following definition:
STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited or failed to do an act which the defendant was legally required to do.
301.6 Plumbing connections. Potable water supply and building drainage system connections to appliances regulated by this code shall be in accordance with the plumbing code.
304.6 Outdoor combustion air. Outdoor combustion air shall be provided through opening(s) to the outdoors in accordance with Section 304.6.1, 304.6.2, or 304.6.3. The minimum dimension of air openings shall be not less than 3 inches (76 mm).
304.6.3 Alternate combustion air sizing (IFGC). As an alternate, the net free area of openings, ducts, or plenums supplying air to an area containing gas- and oil-burning appliances shall be in accordance with CSA B149.1:20, Natural Gas and Propane Installation Code, published by the Canadian Standards Association (CSA).
The combustion air duct is required to be upsized one diameter size when a dryer is installed in the same room as the combustion air.
305.1 General. Equipment and appliances shall be installed as required by the terms of their approval in accordance with the conditions of listing, the manufacturer's instructions, and this code. Manufacturers' installation instructions shall be available on the job site at the time of inspection. Where a code provision is less restrictive than the conditions of the listing of the equipment or appliance or the manufacturer's installation instructions, the conditions of the listing and the manufacturer's installation instructions shall apply.
After completion of the installation, all safety and operating controls and venting shall be tested before placing the burner in service in accordance with the manufacturer's installation instructions. The following requirements need to be recorded and affixed to the inside of the gas train access panel:
1. The rate of flow of the gas or fuel shall be adjusted to within plus or minus 5 percent of the required Btu/hr rating at the manifold pressure specified by the manufacturer. When the prevailing pressure is less than the manifold pressure specified, the rates shall be adjusted at the prevailing pressure.
2. The gas inlet pressure per the manufacturer's installation settings.
3. The temperature rise across the heat exchanger per the manufacturer's installation settings.
4. The static pressure of the supply and return ducts per the manufacturer's installation settings.
Unlisted appliances approved in accordance with Section 301.3 shall be limited to uses recommended by the manufacturer and shall be installed in accordance with the manufacturer's instructions, the provisions of this code, and the requirements determined by the code official.
305.7 Clearances from grade. Equipment and appliances installed at grade level shall be supported on a level concrete slab or other approved material extending not less than 1 1/2 inches (38 mm) above adjoining grade or shall be suspended not less than 6 inches (152 mm) above adjoining grade. Such supports shall be installed in accordance with the manufacturer's instructions.
[M] 306.2 Appliances in rooms. Rooms containing appliances shall be provided with a door and an unobstructed passageway to the service area of the appliance measuring not less than 36 inches (914 mm) wide and 80 inches (2,032 mm) high.
Exception: Within a dwelling unit, appliances installed in a compartment, alcove, basement, or similar space shall be provided with access by an opening or door and an unobstructed passageway measuring not less than 24 inches (610 mm) wide and large enough to allow removal of the largest appliance in the space, provided that a level service space of not less than 30 inches (762 mm) deep and the height of the appliance, but not less than 30 inches (762 mm), is present at the front or service side of the appliance with the door open.
[M] 306.5 Equipment and appliances on roofs or elevated structures. Where equipment requiring access or appliances are located on an elevated structure or the roof of a building such that personnel will have to climb higher than 16 feet (4,877 mm) above grade or floor level to access such equipment or appliances, an interior or exterior means of access shall be provided. Such access shall not require climbing over obstructions greater than 30 inches (762 mm) in height or walking on roofs having a slope greater than 4 units vertical in 12 units horizontal (33 percent slope). Such access shall not require the use of portable ladders. Where access involves climbing over parapet walls, the height shall be measured to the top of the parapet wall.
Permanent ladders installed to provide the required access shall comply with the following minimum design criteria:
1. The side railing shall extend above the parapet or roof edge not less than 30 inches (762 mm).
2. Ladders shall have rung spacing not to exceed 14 inches (356 mm) on center. The upper-most rung shall be not more than 24 inches (610 mm) below the upper edge of the roof hatch, roof, or parapet, as applicable.
3. Ladders shall have a toe spacing not less than 6 inches (152 mm) deep.
4. There shall be not less than 18 inches (457 mm) between rails.
5. Rungs shall have a diameter not less than 0.75 inch (19 mm) and be capable of withstanding a 300-pound (136.1 kg) load.
6. Ladders over 30 feet (9,144 mm) in height shall be provided with offset sections and landings capable of withstanding 100 pounds per square foot (488.2 kg/m2). Landing dimensions shall be not less than 18 inches (457 mm) and not less than the width of the ladder served. A guard rail shall be provided on all open sides of the landing.
7. Climbing clearance. The distance from the centerline of the rungs to the nearest permanent object on the climbing side of the ladder shall be not less than 30 inches (762 mm) measured perpendicular to the rungs. This distance shall be maintained from the point of ladder access to the bottom of the roof hatch. A minimum clear width of 15 inches (381 mm) shall be provided on both sides of the ladder measured from the midpoint of and parallel with the rungs, except where cages or wells are installed.
8. Landing required. The ladder shall be provided with a clear and unobstructed bottom landing area having a minimum dimension of 30 inches by 30 inches (762 mm by 762 mm) centered in front of the ladder.
9. Ladders shall be protected against corrosion by approved means.
10. Access to ladders shall be provided at all times.
11. Exterior access may be by means of a ladder which need not extend closer than 8 feet (2,438 mm) to finished grade.
12. When a new hatch is being used to access equipment or appliances on a roof or elevated structure, the handle or release must be on the same side of the roof hatch as the ladder or within 18 inches of the ladder.
Catwalks installed to provide the required access shall be not less than 24 inches (610 mm) wide and shall have railings as required for service platforms.
Exception: This section shall not apply to Group R-3 occupancies.
[M] 306.5.1 Sloped roofs. Where appliances, equipment, fans, or other components that require service are installed on a roof having a slope of greater than 3 units vertical in 12 units horizontal (25-percent slope) and having an edge more than 30 inches (762 mm) above grade at such edge, a level platform shall be provided on each side of the appliance or equipment to which access is required for service, repair, or maintenance. The platform shall be not less than 30 inches (762 mm) in any dimension and shall be provided with guards. The guards shall extend not less than 42 inches (1067 mm) above the platform, shall be constructed so as to prevent the passage of a 21-inch-diameter (533 mm) sphere, and shall comply with the loading requirements for guards specified in the International Building Code. Access shall not require walking on roofs having a slope greater than 4 units vertical in 12 units horizontal (33-percent slope). Where access involves obstructions greater than 30 inches (762 mm) in height, such obstructions shall be provided with ladders installed in accordance with Section 306.5 or stairways installed in accordance with the requirements specified in the International Building Code in the path of travel to and from appliances, fans, or equipment requiring service.
[M] 306.6 Guards. Guards shall be provided where various components that require service and roof hatch openings are located within 10 feet (3,048 mm) of a roof edge or open side of a walking surface and such edge or open side is located more than 30 inches (762 mm) above the floor, roof, or grade below. The guard shall extend not less than 30 inches (762 mm) beyond each end of components that require service and each end of the roof hatch parallel to the roof edge. The top of the guard shall be located not less than 42 inches (1,067 mm) above the elevated surface adjacent to the guard. The guard shall be constructed so as to prevent the passage of a 21-inch-diameter (533 mm) sphere and shall comply with the loading requirements for guards specified in the International Building Code.
404.2 CSST. CSST piping systems shall be installed in accordance with the terms of their approval, the conditions of listing, the manufacturer's instructions and this code.
The piping located on the exterior extending from the gas meter to the inside of the structure shall be a metallic pipe in compliance with Section 403.3. The entrance into the structure shall be provided with the appropriate transition flange where an alternate gas piping material is utilized on the inside of the structure.
404.3 Prohibited locations. Piping shall not be installed in or through a ducted supply, return or exhaust, or a clothes chute, chimney or gas vent, dumbwaiter, or elevator shaft.
404.6 Piping through foundation walls. Underground piping, where installed through the outer foundation or basement wall of a building, shall be encased in a protective sleeve or protected by an approved device or method. The space between the gas piping and the sleeve and between the sleeve and the wall shall be sealed to prevent the entry of gas and water.
404.12 Minimum burial depth. Underground piping systems shall be installed a minimum depth of 12 inches (305 mm) below grade. The minimum depth shall be increased to 18 inches (457 mm) if external damage to the piping or tubing from external forces is likely to result. Where a minimum of 12 inches of depth cannot be provided, the pipe shall be installed in conduit or bridged (shielded).
409.1.2 Prohibited locations. Shutoff valves shall be prohibited in concealed locations, furnace plenums, and accessible spaces between a fixed ceiling and a dropped ceiling, unless serving a gas appliance installed in that space.
(1992 Code, § 11-33) (Ord. 115-01, passed 12-10-2001; Ord. 24-04, passed 3-1-2004; Ord. 31-07, passed 2-20-2007; Ord. 19-10, passed 3-1-2010; Ord. 103-12, passed 12-18-2012; Ord. 128-15, passed 12-15-2015; Ord. 27-19, passed 3-19-2019; Ord. 140-21, passed 11-16-2021)
§ 150.033 DEFINITIONS.
For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EMPLOYEE. A person whose compensation for mechanical work is reported by the employer on an Internal Revenue Service W-2 form, and is also otherwise considered an employee under applicable laws.
FIREPLACE CONTRACTOR. A person who has the necessary qualification, training, experience, and technical knowledge to properly plan, layout and install fireplaces.
FIREPLACE WORK. Includes all masonry fireplaces, factory built fireplaces, pellet or grain fuel burning appliances, fireplace stoves and room heaters, decorative appliances for installation in fireplaces, vented gas fireplaces, vented gas fireplace heaters and factory built barbeque appliances.
INACTIVE MASTER MECHANIC. A person who is licensed by the city as a master mechanic, but is not designated as a master mechanic for a mechanical contractor and who may be issued upon request an inactive mechanical contractors license.
INACTIVE REFRIGERATION MECHANIC. A person who is licensed by the city as a refrigeration mechanic, but is not designated as a refrigeration mechanic for a refrigeration contractor and who may be issued upon request an inactive refrigeration contractors license.
MASTER MECHANIC. A person who has the necessary qualifications, training, experience and technical knowledge to properly plan, layout and install heating, ventilation, air-conditioning, refrigeration and fireplace systems or equipment and who is licensed by the city.
MECHANICAL CONTRACTOR. A person who undertakes or offers to undertake, to plan for, layout or install or make additions, alterations or repairs in the installation of heating, ventilating, air-conditioning or refrigeration systems or equipment with or without compensation and who is licensed by the city. A mechanical contractor’s license does not, of itself, qualify its holder to perform or supervise mechanical work.
MECHANICAL WORK. All installation, alteration, repair, replacement and maintenance of heating, ventilation, air-conditioning, refrigeration, and fireplace systems or equipment.
OWNER. A natural person who physically performs mechanical work on the premises the person owns and actually occupies as a resident or owns and will occupy as a residence upon completion of the construction.
PERSONAL SUPERVISION. That a master mechanic or refrigeration mechanic oversees and directs the mechanical or refrigeration work performed by employee(s) so that:
(1) The master mechanic or refrigeration mechanic is immediately available to the employee(s); and
(2) The master mechanic or refrigeration mechanic is able to and does determine that all mechanical or refrigeration work performed by the employee(s) is performed in compliance with this chapter and any other ordinance regulating mechanical or refrigeration installations.
REFRIGERATION CONTRACTOR. A person who has the necessary qualifications, training, experience and technical knowledge to properly plan, layout, and install refrigeration systems or equipment and is licensed by the city.
REFRIGERATION MECHANIC. A person who has the necessary qualifications, training, experience, and technical knowledge to properly plan, layout, and install refrigeration systems or equipment and who is licensed by the city.
REFRIGERATION WORK. Include all cooling systems or equipment that will be used for other than human comfort.
(1992 Code, § 11-34) (Ord. 94-93, passed 12-6-1993; Ord. 115-01, passed 12-10-2001; Ord. 24-04, passed 3-1-2004; Ord. 27-19, passed 3-19-2019)
§ 150.034 LICENSE REQUIRED.
(a) Mechanical contractor. Except as otherwise provided herein, no person other than an employee, partner or officer of a licensed mechanical contractor shall undertake or offer to undertake mechanical work with or without compensation unless the person obtains a mechanical contractor’s license from the city. A mechanical contractor’s license does not of itself qualify its holder to perform or supervise mechanical work.
(b) Refrigeration contractor. Except as otherwise provided herein, no person other than an employee, partner or officer of a licensed refrigeration contractor shall undertake or offer to undertake refrigeration work with or without compensation unless the person obtains a refrigeration contractor’s license from the city.
(c) Fireplace contractor.
(1) Except as otherwise provided herein, no person other than an employee, partner or officer of a licensed fireplace contractor shall undertake or offer to undertake fireplace work with or without compensation unless the person obtains a fireplace contractor’s license from the city.
(2) Exception: A licensed residential contractor that installs fireplace equipment and obtains a building permit and required inspections from the mechanical inspection division.
(d) Master mechanic. Except as otherwise provided herein, no person shall supervise the planning, layout and installation of heating, ventilation and air conditioning, refrigeration and fireplace systems, or equipment unless that person obtains a master mechanic license from the city.
(e) Inactive master mechanic. Existing master mechanics, after paying the appropriate fee, may be issued an inactive mechanical contractor’s license. At that time as a person holding an inactive license desires to change to an active contractor’s license, that person shall pay the appropriate for the license.
(f) Refrigeration mechanic. Except as otherwise provided herein, no person shall supervise the planning, layout and installation of refrigeration systems, or equipment unless that person obtains a refrigeration mechanic license from the city.
(1992 Code, § 11-35) (Ord. 94-93, passed 12-6-1993; Ord. 15-98, passed 2-2-1998; Ord. 115-01, passed 12-10-2001; Ord. 24-04, passed 3-1-2004; Ord. 31-07, passed 2-20-2007; Ord. 27-19, passed 3-19-2019)
§ 150.035 EMPLOYMENT OF MASTER MECHANIC.
(a) Licensed master mechanic. No mechanical contractor shall engage in the business of mechanical work unless the mechanical contractor employs a licensed master mechanic, who shall be responsible for the proper performance and personal supervision of all mechanical work in accordance with this chapter or any order issued under this chapter. All requests for inspections shall be the responsibility of the designated responsible master mechanic of record.
(b) Licensed refrigeration mechanic. No refrigeration contractor shall engage in the business of refrigeration work unless the refrigeration contractor employs a licensed refrigeration mechanic, who shall be responsible for the proper performance and personal supervision of all refrigeration work in accordance with this chapter or any order issued under this chapter. All requests for inspections shall be the responsibility of the designated responsible refrigera tion mechanic of record.
(c) Experience required for testing. An applicant for a master mechanic license shall show evidence of four years of experience as a sheet metal mechanic, refrigeration technician, general manager, project manager or engineer in the employ of a licensed mechanical contractor. During this four-year period, the applicant must have spent at least 2,000 hours per year working as a sheet metal mechanic, refrigeration technician, general manager or an engineer.
(1) Trade school credit. Graduates of an accredited trade school having at least a one-year program in sheet metal or refrigeration will be given one-half year of experience credit for each year of relevant schooling up to a maximum of one year of experience credit.
(2) College credit. Graduates of an accredited college or university having a four-year program in engineering or construction management will be given one-quarter for each year of relevant schooling up to a maximum of one year of experience credit.
(3) Military credit. Credit for military sheet metal, refrigeration, mechanical construction management, or engineering work will be given at the rate of one year credit for each two years in the military up to a maximum of two years credit.
(d) Out-of-city applicants. Applicants for a master mechanic license from out-of-city may take the examination upon showing affidavits of the same qualifications in the municipality or state from which the applicant resides that are required for applicants from in-city.
(e) Application. Applications for testing shall be made on forms furnished by the code official.
(f) Approval and investigation. If the code official finds the applicant has the required experience, the individual may be tested. The code official may investigate the individual’s experience and the applicant shall cooperate fully with the investigation. Failure to provide information or records related to applicant experience shall be grounds for denial of the application.
(g) Denial and appeal. The code official shall notify in writing any applicant whose application for testing has been refused. The notice shall clearly state the reason for refusal and a statement of the applicant’s right to appeal. An applicant whose application for testing is refused may appeal the decision to the mechanical board of appeals. The decision of the board or the hearing examiner is subject to judicial review as provided by law.
(1992 Code, § 11-37) (Ord. 94-93, passed 12-6-1993; Ord. 14-94, passed 2-22-1994; Ord. 115-01, passed 12-10-2001; Ord. 24-04, passed 3-1-2004; Ord. 31-07, passed 2-20-2007; Ord. 27-19, passed 3-19-2019)
§ 150.036 TERMINATION OF MASTER MECHANIC OR REFRIGERATION MECHANIC.
In the case of termination of the designated master mechanic or refrigeration mechanic, a mechanical contractor or refrigeration contractor may be issued a temporary license permitting the firm, partnership, or corporation to continue mechanical work for 90 days provided that a bond required in § 150.038 has been filed. No new permits may be issued until a new master mechanic has been licensed.
(1992 Code, § 11-38) (Ord. 94-93, passed 12-6-1993; Ord. 15-98, passed 2-2-1998; Ord. 115-01, passed 12-10-2001; Ord. 27-19, passed 3-19-2019)
§ 150.037 LICENSE USE RESTRICTED.
No licensed mechanical contractor, refrigeration, or fireplace contractor shall allow his or her name to be used by any other person directly or indirectly, either to obtain a permit for the installation of any heating, ventilating, air-conditioning, refrigeration or fireplace equipment or to install any system or equipment.
(1992 Code, § 11-39) (Ord. 94-93, passed 12-6-1993; Ord. 115-01, passed 12-10-2001; Ord. 24-04, passed 3-1-2004)
§ 150.038 BOND REQUIRED.
(a) As a condition of the license, each mechanical, refrigeration or fireplace contractor shall give and maintain a surety bond in the penal sum of $10,000 in a form approved by the city. The bond shall be conditioned upon the faithful and lawful performance of all mechanical work, refrigeration work or fireplace work entered upon by the contractor within the city and for compliance with all the provisions of this chapter. The bond shall be in lieu of all other license bonds to any political subdivision or government agency. The bond shall be written by a corporate surety licensed to do business in the state.
(b) Claims upon the bond may be filed by any person damaged by reason of the principal’s failure to perform his or her obligation under the bond.
(c) Suspension or revocation of the license of the principal shall not by itself affect the liability of either the principal or the surety on the bond.
(1992 Code, § 11-40) (Ord. 94-93, passed 12-6-1993; Ord. 115-01, passed 12-10-2001; Ord. 24-04, passed 3-1-2004; Ord. 27-19, passed 3-19-2019)
§ 150.039 VEHICLE IDENTIFICATION.
Any vehicle used by a contractor while performing mechanical, refrigeration or fireplace work for which a license is required shall have the contractor’s business name and city license numbers as they appear on the license in contrasting color with characters one and one-half inches high by one and one-half inches wide affixed to each side of the vehicle.
(1992 Code, § 11-41) (Ord. 94-93, passed 12-6-1993; Ord. 115-01, passed 12-10-2001; Ord. 24-04, passed 3-1-2004)
§ 150.040 LICENSE APPLICATION.
Any person desiring to engage in the business of mechanical, refrigeration or fireplace contracting or a master mechanic shall first make an application for a license therefor to the administrative authority on forms furnished.
(1992 Code, § 11-42) (Ord. 94-93, passed 12-6-1993; Ord. 115-01, passed 12-10-2001; Ord. 24-04, passed 3-1-2004)
§ 150.041 LICENSE TERM AND RENEWAL.
(a) All licenses issued under the provisions of this chapter shall expire biennially beginning on December 31, 1995. All renewal fees shall be paid prior to the expiration of the license.
(b) Any person who shall fail to renew a license within 60 days after it has lapsed shall pay in addition to the renewal fee a reinstatement fee equal to 50% of the renewal fee.
(c) Licenses not renewed within one year of the date of expiration shall not be renewed until the applicant has submitted and passed the examination and paid all fees required for a new license.
(1992 Code, § 11-43) (Ord. 94-93, passed 12-6-1993; Ord. 14-94, passed 2-22-1994; Ord. 75-95, passed 6-5-1995; Ord. 115-01, passed 12-10-2001; Ord. 27-19, passed 3-19-2019)
§ 150.042 EXAMINATION.
(a) Before a master mechanic license or refrigeration mechanic license shall be issued, the applicant shall be required to submit to and pass an examination as to his or her qualifications and fitness to install heating, ventilating and air-conditioning or refrigeration equipment as applicable. The examination shall be given under the direction of the mechanical inspection manager. Any applicant who fails to pass the examination shall not be eligible to take another examination until at least 30 days have elapsed from the date of the last examination.
(b) Applications for examinations shall be made at least one week prior to the examination date. The examination must be completed within 120 days of the application submittal date. Failure to complete the examination within 120 days shall result in the forfeiture of the examination application fee and the application will be deemed null and void.
(c) After passing the examination, applicants shall secure the license within 90 days from the examination date.
(1992 Code, § 11-44) (Ord. 94-93, passed 12-6-1993; Ord. 115-01, passed 12-10-2001; Ord. 105-08, passed 8-18-2008; Ord. 130-15, passed 12-15-2015; Ord. 27-19, passed 3-19-2019)
§ 150.043 INSTALLATION BY OWNER.
(a) Owners may install heating, ventilating, air-conditioning equipment or fireplaces in a single-family residence which they occupy as their own home or will occupy as their own home. All equipment installed by the owner shall be for themselves without compensation or pay from or to any other persons for the labor or installation. The installation by owner shall comply with the requirements of this Code. The owner shall be required to file plans, apply for and secure a permit, pay fees, and call for all inspections in the manner provided in this Code.
(b) After the work has been commenced, the owner shall make arrangements for the mechanical inspector to inspect the installation. Failure to arrange for an inspection shall cause the permit to expire by limitation and become null and void and the work shall be presumed unsafe in accordance with § 108.7 of the International Mechanical Code.
(c) All homeowner permits shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the permit is commenced for a period of 180 days, and all work which has not received a final inspection shall be presumed unsafe in accordance with § 108.7 of the International Mechanical Code.
(1992 Code, § 11-45) (Ord. 94-93, passed 12-6-1993; Ord. 116–96, passed 10-7-1996; Ord. 115-01, passed 12-10-2001; Ord. 24-04, passed 3-1-2004; Ord. 130-15, passed 12-15-2015)
§ 150.044 SUSPENSION OR REVOCATION OF LICENSE.
The chief building official may suspend, revoke or refuse to renew a license if he or she finds:
(a) In his or her discretion that the order is in the public interest;
(b) Based upon substantial evidence presented, the applicant or licensee:
(1) Has violated any applicable provision of this ode, city ordinance, rule, regulation or state law;
(2) Has engaged in any fraudulent, deceptive or dishonest act or practice;
(3) Has filed an application for a license which is incomplete in any material respect or contains statements which are false or misleading;
(4) Fails to file with the chief building official the necessary bonds or certificate of insurance;
(5) Fails to provide copies of records in the person’s possession related to a matter under investigation;
(6) Fails to pay inspection and permit fees in a timely manner as determined by the chief building official;
(7) Fails to respond to a lawful order of the building official; and
(8) Fails to employ a master mechanic or refrigeration mechanic.
(1992 Code, § 11-46) (Ord. 94-93, passed 12-6-1993; Ord. 116-96, passed 10-7-1996; Ord. 115-01, passed 12-10-2001; Ord. 105-08, passed 8-18-2008; Ord. 27-19, passed 3-19-2019)
§ 150.045 ADMINISTRATIVE APPEAL OF LICENSE SUSPENSION, REVOCATION OR REFUSAL TO RENEW.
(a) A party whose license is suspended, revoked, or refused renewal may appeal that decision to the mechanical board of appeals and examiners.
(b) Appeals shall be commenced by filing a written appeal with the department within ten days of the decision. The appeal shall include a statement of the action complained of, why the same should be modified or rescinded, whether the appellant desires an open or closed hearing, and an address where the appellant can be mailed notice of hearing. The department shall immediately deliver a copy of the appeal to the city attorney who will act as legal counsel.
(1992 Code, § 11-47) (Ord. 94-93, passed 12-6-1993; Ord. 116-96, passed 10-7-1996; Ord. 115-01, passed 12-10-2001)
§ 150.046 TIME OF HEARING AND NOTICE.
A public hearing, or a closed hearing if the board determines it is necessary, shall be held on all appeals within 15 working days after the filing of the appeal, unless a later date is agreed upon by the appellant and the board. The department shall cause written notice of the date, time and place of the hearing to be served upon the appellant by personal service or certified mail to the address set forth in the appeal at least five days before the hearing date.
(1992 Code, § 11-48) (Ord. 116-96, passed 10-7-1996; Ord. 115-01, passed 12-10-2001)
§ 150.047 HEARING PROCEDURES.
The following rules shall govern the procedures for an administrative hearing on matters concerning license suspension, revocation or refusal to renew.
(a) Hearings and administrative appeals need not be conducted according to the technical rules relating to evidence and witnesses.
(b) Oral evidence shall be taken only on oath or affirmation.
(c) The chairperson of the board or the board recorder shall administer oaths or affirmations to witnesses.
(d) Any relevant evidence shall be admitted if it is the type of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence after objection in civil actions in courts of competent jurisdiction in this state.
(e) Irrelevant and unduly repetitious evidence and evidence that lacks trustworthiness shall be excluded.
(f) The appellant, the major organization unit or agency, and any other party to an appeal shall have these rights among others:
(1) To call and examine witnesses on any matter relevant to the issue of the hearing;
(2) To introduce documentary and physical evidence;
(3) To cross-examine opposing witnesses on any matter relevant to the issues of the hearing; and
(4) To rebut evidence.
(g) After each appeal hearing, the board or hearing examiner shall perform the following:
(1) Make written findings of fact; and
(2) Based upon the written findings, sustain, remand for further hearing or action, or rescind the complained action or decision. The board may in its discretion waive the payment of any reinstatement or late penalty fee.
(h) A written report of the decision, including the findings of fact, shall be furnished to the appellant and the chief building official within 15 working days from the date the appeal hearing is closed. The city and the appellant shall bear their own respective costs of the appeal proceeding. The decision of the board shall be final.
(1992 Code, § 11-49) (Ord. 116-96, passed 10-7-1996; Ord. 115-01, passed 12-10-2001; Ord. 105-08, passed 8-18-2008; Ord. 27-19, passed 3-19-2019)
§ 150.048 APPEAL TO CIRCUIT COURT.
The decision of the board or the hearing examiner is subject to judicial review as provided by law.
(1992 Code, § 11-50) (Ord. 116-96, passed 10-7-1996; Ord. 115-01, passed 12-10-2001; Ord. 31-07, passed 2-20-2007)
§ 150.060 ADOPTED.
(a) The International Existing Building Code, 2021 edition, including Resource A, Guidelines on Fire Ratings of Archaic Materials and Assemblies, as published by the International Code Council Inc., and amendments and additions thereto as provided in this article, are hereby adopted as the existing building code by the city for regulating and governing the repair, alteration, change of occupancy, addition, and relocation of existing buildings, including historic buildings, as herein provided and provides for the issuance of permits and the collection of fees therefor.
(b) The adoption of the International Existing Building Code, 2021 edition, will become effective January 1, 2022. The minimum building standards in the 2021 edition of the International Existing Building Code and amendments thereto shall be applied to any building permit issued after December 31, 2021.
(c) The city shall publish this ordinance, without attachments, after its passage. The attachments are on file and available for inspection at the office of the city clerk.
(1992 Code, § 11-51) (Ord. 29-07, passed 2-20-2007; Ord. 17-10, passed 3-1-2010; Ord. 102-12, passed 12-18-2012; Ord. 127-15, passed 12-15-2015; Ord. 26-19, passed 3-19-2019; Ord. 139-21, passed 11-16-2021)
§ 150.061 AMENDMENTS, ADDITIONS, AND DELETIONS TO THE 2021 INTERNATIONAL EXISTING BUILDING CODE.
The following sections and subsections of the existing building code adopted in this subchapter shall be amended, added, or deleted as follows. All other sections or subsections of the 2021 International Existing Building Code shall remain the same.
[A] 101.1 Title. These regulations shall be known as the existing building code of the city of Sioux Falls, hereinafter referred to as “this code.”
[A] 103.1 Enforcement agency. Building services is hereby created, and the official in charge thereof shall be known as the code official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code.
[A] 103.2 Appointment. Not adopted by the city.
[A] 104.8 Liability. The code official, member of the board of appeals, or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered civilly or criminally liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties.
This code shall not be construed to relieve from or lessen the responsibility of any person owning, operating, or controlling any building or structure for any damages to persons or property caused by defects, nor shall the code enforcement agency or the city be held as assuming any such liability by reason of the inspection authorized by this code or any permits or certificates issued under this code.
[A] 104.8.1 Legal defense. Any suit or criminal complaint instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be afforded all the protection provided by the city's insurance pool and immunities and defenses provided by other applicable state and federal laws and shall be defended by legal representatives of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for cost in any action, suit, or proceeding that is instituted in pursuance of the provisions of this code.
[A] 104.11 Alternative materials, design and methods of construction, and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design, or method of construction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method, or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.
[A] 105.1 Required. Any owner or owner's authorized agent who intends to repair, add to, alter, relocate, demolish, or change the occupancy of a building or to repair, install, add, alter, remove, convert, or replace any electrical, gas, mechanical, or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the code official and obtain the required permit. The code official may exempt permits for minor work.
[A] 105.1.1 Annual permit. Not adopted by the city.
[A] 105.1.2 Annual permit records. Not adopted by the city.
108.7 Delinquent accounts. The city may refuse to issue permits or conduct inspections for any person or business whose account is delinquent.
[A] 109.3.1 Footing or foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. If an inspection is required for concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready-mixed in accordance with ASTM C 94, the concrete need not be on the job.
[A] 110.2 Certificate issued. After the code official inspects the structure and does not find violations of the provisions of this code or other laws that are enforced by the department, the code official shall issue a certificate of occupancy that shall contain the following:
1. The permit number.
2. The address of the structure.
3. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.
4. The name of the code official.
5. The edition of the code under which the permit was issued.
6. The use and occupancy in accordance with the provisions of the International Building Code.
7. The type of construction as defined in the International Building Code.
8. The design occupant load in assembly occupancies only.
9. Where an automatic sprinkler system is provided, and whether an automatic sprinkler system is required.
10. Any special stipulations and conditions of the building permit.
[A] 112.1 General. In order to hear and decide appeals of orders, decisions, or determinations made by the building and fire code officials relative to the application and interpretation of this code and the fire code, to review all prospective changes to the respective codes and to submit recommendations to the responsible official and the city council, to approve permits for house moves, and to examine applicants for licensing and to investigate matters brought to the board, there shall be and is hereby created a board of appeals. Members shall be appointed by the mayor with the advice and consent of the city council and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the code official.
[A] 113.3 Prosecution of violation. If the notice of violation is not complied with promptly, the code official is authorized to request the legal counsel of the jurisdiction to deem the violation as a strict liability offense and institute the appropriate proceeding at law or in equity to restrain, correct, or abate such violation or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto.
Section 202—General Definitions. Add the following definition:
STRICT LIABILITY OFFENSE. An offense, in which the prosecution in a legal proceeding, is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do.
302.2 Additional codes. Alterations, repairs, additions and changes of occupancy to, or relocation of, existing buildings and structures shall comply with the provisions for alterations, repairs, additions and changes of occupancy, or relocation, respectively, in this code and the International Energy Conservation Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, Uniform Plumbing Code, International Property Maintenance Code, International Residential Code, and NFPA 70. Where provisions of the other codes conflict with provisions of this code, the provisions of this code shall take precedence.
Section 303 Storm shelters. Not adopted by the city.
406.1 Material. Existing electrical wiring and equipment undergoing repair shall be allowed to be repaired or replaced with like material. Minor additions, alterations, and repairs to existing electrical systems or equipment may be installed in accordance with the law in effect at the time the original installation was made, when approved by the electrical inspector.
406.1.4 Health care facilities. Portions of electrical systems being repaired in Group I-2, ambulatory care facilities and outpatient clinics, shall comply with NFPA 99 requirements for repairs and Article 517 of NFPA 70.
406.1.6 New electrical service entrances in existing single-family and multiple-family dwellings. When adding a new service entrance with increased amperage, the existing electrical system shall, at a minimum, comply with the following:
(1) Kitchens. Each kitchen shall have a minimum of one 20-ampere circuit serving a countertop receptacle and a grounded receptacle serving a refrigerator.
(2) Overcurrent device location. Each occupant shall have access to his branch circuit overcurrent devices without going outdoors or through another occupancy.
(3) Habitable areas. All habitable areas, other than closets, kitchens, basements, garages, hallways, laundry areas, utility areas, storage areas, and bathrooms, shall have a minimum of two duplex receptacle outlets, or one duplex receptacle outlet and one ceiling or wall-type lighting outlet.
(4) Minimum lighting outlets. At least one lighting fixture shall be provided in every habitable room, bathroom, hallway, stairway, attached garage, and detached garage with electrical power, in utility rooms and basements where such spaces are used for storage or contain equipment requiring service, and to illuminate outdoor entrances and exits. A switched receptacle is allowed in lieu of a lighting fixture in habitable rooms only.
(5) Ground fault circuit interrupters. Ground fault circuit interrupter protection shall be provided for all receptacles in bathrooms, above kitchen counters, attached and detached garages provided with power, at readily accessible receptacles within 6 feet of sinks, basements, and at outdoor locations. The exceptions of the National Electrical Code 210.8(A) 3 and 5 shall apply.
(6) Laundries. Each laundry shall be provided with at least one separate 20-ampere circuit.
(7) Heat sources. The primary heat source shall be provided with a separate circuit.
(8) Exposed wiring methods. All exposed wiring methods shall be installed in accordance with the applicable National Electrical Code article.
(9) Bathrooms. Each bathroom shall have one receptacle outlet located within 3 feet of the basin. Any bathroom receptacle outlet shall have ground fault circuit interrupter protection.
(10) Emergency disconnect. An emergency disconnect shall be provided as required in Section 230.85 of the National Electric Code for one- and two family dwelling units and townhomes.
408.1 Materials. Plumbing materials and supplies shall not be used for repairs that are prohibited in the Uniform Plumbing Code.
702.7 Materials and methods. New work shall comply with the materials and methods requirements in the International Building Code, International Residential Code, International Energy Conservation Code, International Mechanical Code, International Fuel Gas Code, NFPA 70, and the Uniform Plumbing Code, as applicable, that specify material standards, detail of installation and connection, joints, penetrations, and continuity of any element, component, or system in the building.
[M] 702.7.2 International Mechanical Code. The following sections of the International Mechanical Code shall constitute the mechanical materials and methods requirements for Level 1 alterations:
1. All of Chapter 3, entitled “General Regulations,” except Sections 303.7 and 306.
2. All of Chapter 8, entitled “Chimneys and Vents.”
3. All of Chapter 9, entitled “Specific Appliances.”
[R] 702.6.3 International Residential Code. The following sections of Part V—Mechanical of the International Residential Code shall constitute the residential mechanical and fuel gas materials and methods requirements for Level 1 alterations:
1. All of Chapter 13, entitled “General Mechanical System Requirements,” except Section M1305.
2. All of Chapter 18, entitled “Chimneys and Vents.”
3. All of Section G2412 entitled "General" and G2413 entitled "Pipe Sizing" except Sections 2412.8 and G2413.3.
3.1. Sections G2412 and G2413 shall apply where the work being performed increases the load on the system such that the existing pipe does not meet the size required by code. Existing systems that are modified shall not require resizing as long as the load on the system is not increased and the system length is not increased even if the altered system does not meet code minimums.
4. All of Sections G2431 through G2453 governing the appliances and equipment specifically identified therein.
804.4.1.2.1 Fire escape access and details. Fire escapes shall comply with all of the following requirements:
1. Occupants shall have unobstructed access to the fire escape without having to pass through a room subject to locking.
2. Access to a new fire escape shall be through a door, except that windows shall be permitted to provide access from single dwelling units or sleeping units in Group R-1, R-2, and I-1 occupancies or to provide access from spaces having a maximum occupant load of 10 in other occupancy classifications.
2.1. The window shall have a minimum net clear opening of 5 square feet (0.46 m2).
2.2. The minimum net clear opening height shall be 24 inches (610 mm) and net clear opening width shall be 20 inches (508 mm).
2.3. The bottom of the clear opening shall not be greater than 48 inches (1,219 mm) above the floor.
2.4. The operation of the window shall comply with the operational constraints of the International Building Code.
3. Newly constructed fire escapes shall be permitted only where exterior stairways cannot be utilized because of lot lines limiting the stairway size or because of the sidewalks, alleys, or roads at grade level.
4. Openings within 10 feet (3,048 mm) of fire escape stairways shall be protected by fire assemblies having minimum 3/4-hour fire resistance ratings.
Exception: Opening protection shall not be required in buildings equipped throughout with an approved automatic sprinkler system.
5. In all buildings of Group E occupancy, up to and including the 12th grade, buildings of Group I occupancy, rooming houses and childcare centers, ladders of any type are prohibited on fire escapes used as a required means of egress.
1009.1 Increased demand. Where the occupancy of an existing building or part of an existing building is changed such that the new occupancy is subject to increased or different plumbing fixture requirements or to increased water supply requirements in accordance with the Uniform Plumbing Code, the new occupancy shall comply with the intent of the respective Uniform Plumbing Code provisions.
Exception: Only where the occupant load of the story is increased by more than 20 percent, plumbing fixtures for the story shall be provided in quantities specified in the International Building Code based on the increased occupant load.
1009.2 Food-handling occupancies. If the new occupancy is a food-handling establishment, all existing sanitary waste lines above the food or drink preparation or storage areas shall be panned or otherwise protected to prevent leaking pipes or condensation on pipes from contaminating food or drink. New drainage lines shall not be installed above such areas and shall be protected in accordance with the Uniform Plumbing Code.
1009.3 Interceptor required. If the new occupancy will produce grease or oil-laden wastes, interceptors shall be provided as required in the Uniform Plumbing Code.
1009.5 Group I-2. If the occupancy group is changed to Group I-2, the plumbing system shall comply with the applicable requirements of the Uniform Plumbing Code.
TABLE 1011.5
MEANS OF EGRESS HAZARD CATEGORIES
Relative Hazard | Occupancy Classifications |
1 (Highest Hazard) | H; I-2; I-3; I-4 |
2 | I-1; R-1; R-2; R-4, Condition 2 |
3 | A; E; M; R-4, Condition 1 |
4 | B; F-1; S-1; R-3 |
5 (Lowest Hazard) | F-2; S-2; U |
1011.5.6 Existing emergency escape and rescue openings. Where a change of occupancy would require an emergency escape and rescue opening in accordance with Section 1031 of the International Building Code, operable windows serving as the emergency escape and rescue opening shall comply with the following:
1. An existing operable window shall provide a minimum net clear opening of 4 square feet (0.38 m2) with a minimum net clear opening height of 22 inches (559 mm) and a minimum net clear opening width of 20 inches (508 mm), provided the operable window has a sill height of not more than 48 inches (1,219 mm) above the floor.
2. A replacement window where such window complies with both of the following:
2.1. The replacement window meets the size requirements in Item 1.
2.2. The replacement window is the manufacturer's largest standard size window that will fit within the existing frame or existing rough opening. The replacement window shall be permitted to be of the same operating style as the existing window or a style that provides for an equal or greater window opening area than the existing window.
TABLE 1011.6
HEIGHTS AND AREAS HAZARD CATEGORIES
Relative Hazard | Occupancy Classifications |
1 (Highest Hazard) | H; I-2; I-3; I-4 |
2 | A-1; A-2; A-3; A-4; I-1; R-1; R-2; R-4, Condition 2 |
3 | E; F-1; S-1; M |
4 (Lowest Hazard) | B; F-2; S-2; A-5; R-3; R-4, Condition 1; U |
1011.6.2 Exterior wall rating for change of occupancy classification to an equal or lesser hazard category. When a change of occupancy classification is made to an equal or lesser hazard category as shown in Table 1011.6, existing exterior walls, including openings, shall be accepted.
Exception. Where a property line is platted creating a Group R-3, multifamily dwelling (town house), the walls separating the dwelling units shall be constructed to provide a continuous fire separation using construction materials consistent with the existing wall or complying with the requirements for a new structure. The fire-resistive elements are not required to be continuous between concealed floor spaces, although there shall be provided a draft-stop, located above and in line with the dwelling unit separation walls.
1301.2.6 Plumbing fixtures. Plumbing fixtures shall be provided in accordance with Section 1009 for a change of occupancy and Section 808 for alterations. Plumbing fixtures for additions shall be in accordance with the International Building Code.
1401.2 Conformance. The building shall be safe for human occupancy as determined by the International Fire Code and the International Property Maintenance Code. Any repair, alteration, or change of occupancy undertaken within the moved structure shall comply with the requirements of this code applicable to the work being performed. Any field-fabricated elements shall comply with the requirements of the International Building Code or the International Residential Code as applicable.
Exceptions:
1. Manufactured homes used as a dwelling and located in a licensed manufactured home park.
2. Structures used as a temporary office or shelter on a construction or development site when approved by the building official.
3. Structures used as a temporary business office for a period as specified in Section [A] 108.1 of the International Building Code when approved by the building official and provided it meets the applicable accessibility requirements of this code.
4. Manufactured homes used as a sales office at a location where such homes are offered for sale, provided it meets the applicable accessibility requirements of this code.
1401.3 Definitions. For the purpose of this section, the following words and phrases mean:
1. Building mover. Any person, firm, partnership, corporation, or association who engages in the business or work of moving a building across public property within the city.
2. Building moving. The moving of any house, building, structure, or any part or parts thereof, except structures or parts of structures less than 12 feet wide and 13.5 feet high when loaded, from one location to another when moving requires traveling upon, across, along, or over any street, avenue, highway, thoroughfare, alley, sidewalk, or other public ground in the city. This term does not apply to manufactured or modular structures or assemblies that do not exceed 15 feet in height and 16.6 feet in width including all nonstructural appendages, or a length of 80.6 feet including all nonstructural appendages.
3. Agency. The planning and building services department, police department, city forester, city light and power, and city engineering department.
1401.4 License required. No person except a building mover licensed by the city shall move any building, house, or structure, or part thereof, across, along, or over any public property.
1401.5 License application. Any person desiring to engage in the business of building moving must file an application for the building mover’s license in the city engineering department.
1401.6 Bonding. The applicant for a building mover’s license shall file with the application a bond running to the city in the penal sum of $10,000.00 with sufficient sureties and conditioned that the license will comply with all city requirements to the satisfaction of the city engineering department and shall encompass repairs due to any damage to any sidewalk, crosswalk, hydrant, street, alley, or other property done or caused by himself, his servants, or employees in connection with moving any building.
The bond will guarantee payment for damages to property and payment to the city for services provided by the city. The license will indemnify and save harmless the city against any and all liability for damages, costs, or expenses arising out of any negligence on his part or on the part of his servants or employees in connection with the moving of any building or the use of any public street or ground for that purpose.
1401.7 Revocation. A building mover’s license may be revoked at any time if the mover violates the provisions of this chapter or rules established by the agency, or conducts his business in a careless or reckless manner, or refuses to make prompt payment of any sums due the city from him under any of the provisions of this chapter, or whose bond or insurance as required herein has been canceled or otherwise terminated.
1401.8 Transferability. No license or permit issued pursuant to this chapter shall be transferable.
1401.9 Permits required. No person shall engage in building moving unless and until he has obtained a building moving permit, which will not be issued to anyone except a person licensed as the building mover. Such permit shall be obtained not less than seven days prior to the move.
1401.10 Prerequisites to a permit. No permit to move a building shall be issued as hereunder provided until the following conditions have been satisfied:
1. A permit for capping the sanitary sewer service and/or water service shall be obtained pursuant to Section 50.020: Permit To Raze or Remove Building Required and Section 50.021: Disconnection, of the Code of Ordinances of Sioux Falls, SD.
2. A building permit is required to place a one- or two-family dwelling in a residential zoning district on the property described on the application if located in the city. Before a city building permit can be issued for a one- or two-family dwelling to be moved in a residential zoning district, the applicant shall post the property. A hearing before the building board of appeals will be required prior to the issuance of the building permit upon request from the public. A hearing will be initiated and scheduled at the request of the public within the time period of posting the signs per Item 1 below. The request shall be in writing on forms provided by building services.
Before any action can be taken by the board, the applicant shall:
1. Post the property where the dwelling is to be moved for a continuous period of not less than five working days with signs furnished by the building official. At least two signs shall be posted. The applicant shall submit a written oath that the signs were properly posted.
2. Submit one certified copy of the restrictions and covenants of the property where the dwelling is proposed to be moved. Those portions applicable to the dwelling shall be highlighted. If the property contains no restrictions or covenants, a statement to that fact shall be submitted.
3. Submit a proposed site plan containing the legal description where the dwelling is proposed to be moved.
4. Submit the inspection report from the building inspector.
5. Submit original clear photographs of the front, rear, and side elevations of the dwelling to be moved.
3. Any person filing an application for a moving permit shall file with the city engineer a liability insurance policy issued by the insurance company authorized to do business in this state and approved as to form by the city attorney in the following amounts: $250,000.00 per person, $500,000.00 per accident, $500,000.00 property damage.
4. When required by the building official, satisfactory evidence from a licensed pest control company that all nuisance pests have been exterminated from the structure.
5. Approval of the route and time of move by the city police, city light and power, city traffic engineer, and city forester.
6. Approval from planning and building services concerning the moving of any building or structure in the historic district.
1401.11 Permit application. The application shall contain the date or dates of the moving of the building, house, or structure; a detailed statement setting forth the proposed route to be followed; the name of the person in charge of the move; the location of the premises to which the structure or building is to be moved; and an agreement that the applicant will immediately report any damage done by the moving operation to any public property and will indemnify and hold the city harmless from any claims or damages for injuries to persons or property resulting from the moving of the building or structure.
1401.12 Fees.
1. The fee for a permit for a house shall be $75.00.
2. The fee for a permit for all other structures shall be $50.00.
3. The following fees shall be paid for services provided by city departments:
3.1. Street department/traffic device service worker or vehicle:
3.1.1. $20.00 per hour for each traffic service worker.
3.1.2. $15.00 per hour for each pickup.
3.1.3. $15.00 per hour for a one-half-ton utility pickup.
3.1.4. $25.00 per hour for each aerial.
3.2. Police department/police officer and vehicle:
3.2.1. $50.00 per hour for each police officer.
3.2.2. $75.00 per overtime hour for each police officer.
3.3. Light department/line worker and vehicle:
3.3.1. $30.00 per hour for each line worker.
3.3.2. $25.00 per hour for truck and tool.
Expenses shall be calculated from the date and hour the move will commence until the move is actually completed. Overtime expense will be computed at one and one-half times the hourly rate.
1401.13 Denial. If the applicant fails to agree or comply with the conditions as set forth herein or if in the judgment of the building official the building or structure is in such a state of disrepair that it would not be safe to move the building, or if in the judgment of the traffic engineer or the city forester the proposed move would result in an undue hazard to public traffic or undue damage to streets, sidewalks, trees, or other public property, the permit will be denied and reasons therefor endorsed upon the application.
1401.14 Restrictions on moving through streets. All moving of the building once started shall continue until completed, and no building shall be parked along the route unless deemed an emergency and approved by the traffic engineer. The traffic engineer may require police escorts, temporary removal of traffic devices, or may restrict or specify the day and hours during which the moving operation must be accomplished.
1401.15 Posting. Two moving placards must be posted on a visible location on opposite ends of the building being moved during the entire move, and the person moving the building must carry a signed duplicate of the permit.
1401.16 Escorts. Movers shall provide a front and rear escort for all movements.
1401.17 Flags. Red and orange flags, 12 inches by 12 inches, must be fastened to the rear corners of the moving structure.
1401.18 Notice to public service companies, cable TV operations, and the city of Sioux Falls. Before moving any building, the building mover shall notify Metro Communications (911) immediately prior to entering public property. The mover shall make arrangements with the police department and traffic engineers seven days prior to the move if a police escort is required. The mover shall also give seven days' notice to all city departments, public service operations, and cable TV operators whose wires, traffic control devices, or other appliances which affect the moving of such building of the time when the move is to take place and request and arrange for the passage of such building. Such building mover shall pay to the city and said corporation and operators the reasonable cost and expense of the work required to be done.
1401.19 Tampering with private property. The mover during all moves shall obey all laws pertaining to tampering with private property and vehicles on the street. Tampering with any wires or facilities belonging to private or public service companies is prohibited.
1401.20 Reporting damage. The building mover shall immediately report any damage done by the moving operation to any street, sidewalk, curb, utility equipment, tree sign, or other public or private property to the city engineer.
(1992 Code, § 11-52) (Ord. 29-07, passed 2-20-2007; Ord. 105-08, passed 8-18-2008; Ord. 17-10, passed 3-1-2010; Ord. 102-12, passed 12-18-2012; Ord. 127-15, passed 12-15-2015; Ord. 26-19, passed 3-19-2019; Ord. 139-21, passed 11-16-2021)
§ 150.075 PURPOSE.
The purpose of this subchapter is to regulate dwelling units constructed pursuant to the residential building code and the building code by establishing minimum standards to make them resistant to unlawful entry.
(1992 Code, § 11-59) (Ord. 23-03, passed 3-3-2003)
§ 150.076 SCOPE.
(a) The provisions of this subchapter shall apply to openings into dwelling units within apartment houses of Group R2 and Group R3 occupancies as defined in the International Building Code and one- and two-family dwelling units and town houses as defined in the International Residential Code and to openings between attached garages and dwelling units. Except for vehicular access, door openings in enclosed attached garages shall be in accordance with the provisions of this subchapter.
(b) Exceptions.
(1) An opening in an exterior wall when all portions of the openings are more than 12 feet vertically or 6 feet horizontally from an accessible surface of any adjoining yard court, passageway, public way, walk, breezeway, patio, planter, porch or similar area.
(2) An opening in an exterior wall when all portions of the openings are more than 12 feet vertically or 6 feet horizontally from the surface of any adjoining roof, balcony, landing, stair, tread, platform, or similar structure or when any portion of the surface is itself more than 12 feet above an accessible surface.
(3) Any opening in a roof when all portions of the roof are more than 12 feet above an accessible surface.
(4) Openings when the smaller dimension is 6 inches or less, provided that the closest edge of the opening is at least 36 inches from the locking device of the door or window assembly.
(1992 Code, § 11-60) (Ord. 23-03, passed 3-3-2003; Ord. 31-19, passed 3-19-2019)
§ 150.077 OBSTRUCTING EXITS.
(a) Security methods shall not create a hazard to life by obstructing any means of egress or any opening that is classified as an emergency-exiting element. Security provisions shall not supersede the safety requirements relative to latching or locking devices on exit doors that would be contrary to the provisions of the residential building code or the building code nor shall the provisions of this subchapter be construed to waive any other provisions of the residential building code or the building code.
(b) Bars, grilles, grates or similar devices may be installed in an emergency escape or rescue windows or doors required by the residential building code or the building code, provided:
(1) The devices are equipped with approved release mechanisms which are openable from the inside without the use of a key or special knowledge or effort; and
(2) The building is equipped with smoke detectors installed in accordance with the residential building code or the building code.
(1992 Code, § 11-61) (Ord. 23-03, passed 3-3-2003)
§ 150.078 ENTRY VISION.
(a) All main and front entry doors to dwelling units shall be arranged so that the occupant has a view of the area immediately outside the door without opening the door.
(b) The view may be provided by a door viewer having a field of view of not less than 180 degrees through windows or through view ports.
(c) A visual monitoring system that displays on a monitor that is accessible to the occupant at all times.
(1992 Code, § 11-62) (Ord. 23-03, passed 3-3-2003; Ord. 31-19, passed 3-19-2019)
§ 150.079 DOORS.
Doors shall be provided with hardware so that an individual cannot gain entry from the exterior by pushing or pulling, or by manipulating an exposed lock mechanism. Doors required for security in dwelling units shall comply with this section.
(a) Strike plate installation. In wood frame construction, an open space between trimmers and wood doorjambs shall be solid shimmed by a single piece extending not less than 12 inches above and below the strike plate. Strike plates shall be attached to wood with not less than four No. 8 by three-inch screws, which shall have a minimum of three- fourths-inch penetration into the nearest stud. Strike plates when attached to metal shall be attached with not less than four No. 8 machine screws.
(b) Hinges. When hinges are exposed to the exterior, at least one of the three required hinges shall be equipped with nonremovable hinge pins or a mechanical interlock to preclude removal of the door from the exterior by removing the hinge pins. Not less than three four and one-half-inch steel butt hinges shall be symmetrically fastened to both the door and frame with not less than four No. 9 by three- fourths-inch wood screws or to metal with not less than four No. 8 machine screws. In wood construction, an open space between trimmers and wood doorjambs shall be solid shimmed extending not less than six inches above and below the plate.
(c) Locking hardware. Single-swinging doors and the active leaf of doors in pairs, shall be equipped with an approved exterior key-operated deadbolt. The deadbolt shall have a minimum one-inch throw and must be actuated by a key from the exterior and a knob or thumb turn on the interior. When projected, the deadbolt shall become locked against return by end pressure. Sliding doors must be provided with a locking mechanism activated from the interior.
(1992 Code, § 11-63) (Ord. 23-03, passed 3-3-2003)
§ 150.080 WINDOWS.
Window assemblies defined as units composed as a group of parts that closes an opening in a wall to control light, air and other elements shall be provided with a latching device activated from the interior, which is intended to resist opening a movable sash from the exterior.
(1992 Code, § 11-64) (Ord. 23-03, passed 3-3-2003)
§ 150.081 ALTERNATE MATERIALS OR METHODS.
The provisions of this subchapter are not intended to prevent the use of any material, device, hardware or method not specifically prescribed when the alternate provides equivalent security and is approved by the building official.
(1992 Code, § 11-65) (Ord. 23-03, passed 3-3-2003)
§ 150.095 ADOPTED.
(a) The International Property Maintenance Code, 2021 edition, published by the International Code Council as amended, is hereby adopted as the property maintenance code to provide standards to safeguard life or limb, health, property, and public welfare by regulating, governing, and controlling the use, occupancy, conditions, and maintenance of all property, buildings, and structures within this jurisdiction and to provide for a just, equitable, and practicable method whereby buildings or structures, which from any cause endanger the life, limb, morals, property, safety, or welfare of the general public or their occupants, may be repaired, vacated, or demolished.
(b) The adoption of the International Property Maintenance Code, 2021 edition, will become effective January 1, 2023. The minimum requirements and standards of the 2021 International Property Maintenance Code will become effective after January 1, 2023.
(c) The city shall publish this ordinance, without attachments, after its passage. The attachments are on file and available for inspection at the office of the city clerk.
(1992 Code, § 11-75) (Ord. 14-98, passed 2-2-1998; Ord. 116-01, passed 12-10-2001; Ord. 26-04, passed 3-1-2004; Ord. 32-07, passed 2-20-2007; Ord. 20-10, passed 3-1-2010; Ord. 104-12, passed 12-18-2012; Ord. 129-15, passed 12-15-2015; Ord. 140-22, passed 12-6-2022)
§ 150.096 AMENDMENTS, ADDITIONS, AND DELETIONS TO THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE.
The following sections and subsections of the property maintenance code adopted in this article shall be amended, added, or not adopted by the city as follows. All other sections or subsections of the 2021 International Property Maintenance Code shall remain the same.
[A] 101.1 Title. These regulations shall be known as the International Property Maintenance Code of the City of Sioux Falls, South Dakota, hereinafter referred to as “this code.”
[A] 102.3 Application of other codes. Repairs, additions, or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, International Existing Building Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Residential Code, Uniform Plumbing Code, and NFPA 70. Nothing in this code shall be construed to cancel, modify, or set aside any provisions of Chapter 156, Floodplain Management, and Chapter 160, Zoning of the Code of Ordinances of Sioux Falls, SD.
[A] 103.1 Creation of agency. The neighborhood revitalization division is hereby created and the official in charge thereof shall be known as the code official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code.
[A] 103.2 Appointment. Not adopted by the city.
[A] 104.1 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as established in Tables 1-A, 1-B, and 1-C of Section 150.017 of the Code of Ordinances of Sioux Falls, SD.
In addition, an administrative fee of $250 may be assessed for the preparation of bids and contracts to correct or abate a violation.
[A] 104.2 Refunds. The code official is authorized to establish a refund policy. The refunding of fees shall be as follows:
1. The full amount of any fee paid hereunder that was erroneously paid or collected.
2. Not more than 80 percent of the permit fee paid where work has not been done under a permit issued in accordance with this code.
3. Not more than 80 percent of the plan review fee paid where an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended.
The code official shall not authorize the refunding of any fee paid later than 180 days after the date of fee payment.
[A] 105.7 Liability. The code official, member of the board of appeals, or employee charged with the enforcement of this code, while acting for the jurisdiction, in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered civilly or criminally liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or by reason of an act or omission in the discharge of official duties.
This code shall not be construed to relieve from or lessen the responsibility of any person owning, operating, or controlling any building or structure for any damages to persons or property caused by defects, nor shall the code enforcement agency or the city be held as assuming any such liability by reason of the inspection authorized by this code or any permits or certificates issued under this code.
[A] 105.7.1 Legal defense. Any suit or criminal complaint instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be afforded all the protection by the city’s insurance pool and any immunities and defenses provided by other applicable state and federal laws and be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit, or proceeding that is instituted in pursuance of the provisions of this code.
[A] 107.1 General. In order to hear and decide appeals of orders, decisions, or determinations made by the code official relative to the application and interpretation of this code, to review all prospective changes to the property maintenance code and to submit recommendations to the responsible official and the city council there shall be, and is hereby created, a property maintenance board of appeals. The board of appeals shall be appointed by the mayor with the consent of the city council and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the code official.
[A] 108.1 Membership of board. The board of appeals shall consist of five members who are qualified by experience and training to pass on matters pertaining to property maintenance and who are not employees of the jurisdiction. The code official shall be an ex-officio member but shall not vote on any matter before the board.
111.10 Extension of time agreement. If the code official determines that an extension of time will not create or perpetuate a situation imminently dangerous to life or property, the code official may grant an extension of time, not to exceed 180 days, in which to complete the work listed in the Notice and Order. Any extension shall not extend the time to appeal the Notice and Order. Any extension shall be agreed to in writing in a document containing the following:
1. A reasonable and acceptable schedule, setting forth specific dates to complete corrective action for each violation listed in the Notice and Order.
2. A signature of the responsible party.
[A] 113.1 General. The code official shall order the owner or owner’s authorized agent of any premises upon which is located any structure, which in the code official’s or owner’s authorized agent judgment after review is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary, or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary, or to board up and hold for future repair or to demolish and remove at the owner’s option; or where there has been a cessation of normal construction of any structure for a period of more than 18 months, the code official shall order the owner or owner’s authorized agent to demolish and remove such structure. The structure must remain secured during the 18-month time period.
SECTION 114
ASSESSMENTS
114.1 Special assessment. The code official shall cause an account to be kept against each lot or parcel of the cost to the city for the correction and control of any vegetation nuisance during the growing season of each year, for the cost of sidewalk snow removal, for the cost of demolition and removal where the owner fails to comply with a demolition order, for the abatement of an unsafe condition which the owner fails to comply, and for the costs of emergency repairs. The costs shall be certified to the city finance director on or before August 1 of each year.
114.2 Estimate of assessment. The finance director shall prepare an estimate of the assessment against each lot or parcel for the correction and control of any vegetation nuisance for the preceding growing season, sidewalk snow removal, demolition, abatement of unsafe conditions, and emergency repairs, including therein the expense of levying such special assessment against each lot or parcel. Such estimates shall be submitted to the city council.
114.3 Assessment hearing. Upon the filing of the assessment roll with the finance director, the city council shall fix a time and place of hearing upon the assessment, not less than 20 days from the date of filing thereof. The finance director shall thereupon publish a notice of the time and place of hearing in the official newspaper one week prior to the date set for the hearing. The notice shall in general terms describe the improvement for which the special assessment is levied, the date of filing of the assessment roll, the time and place of the hearing thereon, and that the roll will be open for public inspection at the office of the city finance director and shall refer to the special assessment roll for further particulars.
In addition to the publication of the notice of hearing, the finance director shall mail a copy of the notice by first class mail, addressed to the owner of any property to be assessed for the improvements, at the address as shown by the records of the finance director. The mailings shall be at least one week prior to the date set for the hearing.
The owner of any lot or parcel of land against which a special assessment is to be so levied, or its occupant or person in charge, may appear before the council at such meeting to protest such assessment and to give reasons why such assessment should not be levied.
Upon the day so named, the council shall meet, and if they find the estimate correct and the actions of the code official resulting in the estimate to be in accordance with the provisions of this subchapter, they shall approve the assessment by resolution and file such assessment roll with the finance director; or, if not correct, they shall correct or modify the estimate, approve the assessment as corrected or modified, and file such assessment roll with the finance director; or, if not in accordance with the provisions of this subchapter, shall disapprove such assessment.
From the date of the approval and filing of such assessment roll with the finance director, the assessment shall be and become a special lien against the various pieces of property described in the assessment roll and shall be collected in a like manner as special assessments for public improvements.
201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Building Code, International Existing Building Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, Uniform Plumbing Code, International Residential Code, Chapter 156, Floodplain Management, Chapter 160, Zoning, or NFPA 70, such terms shall have the meanings ascribed to them as stated in those codes.
Exception: When used within this code, the terms unsafe and dangerous shall have only the meanings ascribed to them in this code and shall not have the meanings ascribed to them by the International Existing Building Code.
302.4 Vegetation. Premises and exterior property shall be maintained free from all actively growing plants declared to be statewide noxious weeds by the state weed and pest control commission, all actively growing weeds declared by the county to be locally noxious, and all other non-woody plants growing in the city to a greater height than 8 inches. All such plants are dangerous and unhealthful, are hereby declared to be a nuisance, and are prohibited. Vegetation shall be defined as all grasses, annual plants and weeds, other than trees or shrubs. The 8-inch restriction on non-woody plants does not apply to cultivated flowers and fruit and vegetable gardens, vegetation being grown as a crop, livestock pastures, wildflower display gardens, rights-of-way of rural section roads, vegetation designated by the director of Sioux Falls parks and recreation as a natural area or native planting area, or unimproved developments, except for a 25-foot mowed buffer adjacent to the right-of-way and except for a 12-foot buffer from an occupied property.
302.4.1 Duty to correct. The occupant, person in charge, or owner of any lot or parcel of land in the city shall keep such lot, to include any abutting city right-of-way except as provided herein, free of such nuisance vegetation by cutting, spraying, or removal, as may be appropriate.
The code official has the authority to require compliance with this article on all property. The code official shall cause public notice to be given requiring all lots or parcels of land in the city to be kept free from all vegetation declared by Sub-section 302.4 to be a nuisance.
Upon failure of the owner or owner’s authorized agent having charge of a property to cut and destroy weeds after service of a notice, the owner or owner’s authorized agent shall be subject to administrative citations in accordance with Title III, Chapter 40, Administrative Code Enforcement, of the Code of Ordinances of Sioux Falls, SD.
The notice shall provide that all vegetation determined to be a nuisance and left uncorrected shall be cut, sprayed, or removed by the city, and the cost thereof shall be billed to the property owner. If the bill is left unpaid, the cost will be assessed against that property to include the cost of levying such special assessment.
The notice shall be by general public notice, published in the official newspaper once a week for two consecutive weeks, and shall be deemed sufficient to allow those actions authorized by this Chapter, including Sub-section 302.4.2 and Sub-section 114.
302.4.2 Correction by city. If the occupant, person in charge, or owner of any lot or parcel of land fails to correct any such vegetation nuisance as required within two days of the last publication of the general notice, as set forth in Sub-section 302.4.1, the code official shall cause such vegetation to be cut, sprayed, or removed, and for such purpose the person allowed to do the work shall be allowed to enter upon any lot or parcel of land.
No person shall intentionally interfere or attempt to interfere with the cutting, spraying, or removal of such vegetation.
302.8 Motor vehicles. Abandoned and inoperative vehicles shall be regulated by Title IX, Chapter 93: Nuisances, of the Code of Ordinances of Sioux Falls, SD.
302.9 Defacement of property. Placement of graffiti shall be regulated by Title XIII, Chapter 132: Offenses Against Property, of the Code of Ordinances of Sioux Falls, SD.
303.2 Enclosures. Private swimming pools, hot tubs, and spas containing water more than 24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier not less than 48 inches (1,219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. An existing pool enclosure shall not be removed, replaced, or changed in a manner that reduces its effectiveness as a safety barrier.
Exception: Spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this section.
304.14 Insect screens. During the period from April 1 to September 30, every door, window, and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged, or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.
Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.
307.1 General. Every exterior and interior flight of stairs having four or more risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp, or other walking surface that is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall be not less than 30 inches (762 mm) in height or more than 42 inches (1,067 mm) in height measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall be not less than 30 inches (762 mm) in height above the floor of the landing, balcony, porch, deck, or ramp or other walking surface.
Exceptions:
1. Guards shall not be required where exempted by the adopted building code.
2. Handrails are not required when the landing at the top of the stair is not required to have a guardrail.
308.2 Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers, pursuant to Title V, Chapter 57: Garbage and Recycling, of the Code of Ordinances of Sioux Falls, SD.
308.2.1 Rubbish storage facilities. The owner of every occupied premises shall supply approved covered containers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish in accordance with Title V, Chapter 57: Garbage and Recycling, of the Code of Ordinances of Sioux Falls, SD.
308.2.2 Refrigerators. Refrigerators and similar equipment not in operation shall not be discarded, abandoned, or stored on premises without first removing the doors in accordance with Title XIII, Section 130.005: Keeping Discarded Iceboxes, Refrigerators or Airtight Containers Declared Nuisance, of the Code of Ordinances of Sioux Falls, SD.
308.3 Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers in accordance with Title V, Chapter 57: Garbage and Recycling, of the Code of Ordinances of Sioux Falls, SD.
308.3.1 Garbage facilities. Every dwelling shall be supplied with an approved leak-proof, covered, outside garbage container in accordance with Title V, Chapter 57: Garbage and Recycling, of the Code of Ordinances of Sioux Falls, SD.
308.3.2 Containers. The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leak-proof containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal in accordance with Title V, Chapter 57: Garbage and Recycling, of the Code of Ordinances of Sioux Falls, SD.
402.1 Habitable spaces. Every habitable space shall have not less than one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be 8 percent of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than 3 feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room.
Exceptions:
1. Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be not less than 8 percent of the floor area of the interior room or space, but a minimum of 25 square feet (2.33 m2). The exterior glazing area shall be based on the total floor area being served.
2. The glazed areas need not be provided in rooms where artificial light is provided capable of producing an average illumination of six foot-candles (6.46 lux) over the area of the room at a height of 30 inches (762 mm) above the floor level.
404.4.1 Room area. Every living room shall contain not less than 120 square feet (11.2 m2) and every bedroom shall contain not less than 70 square feet (6.5 m2). Bedrooms 100 square feet (9.33 m2) or less are allowed two occupants and every bedroom occupied by more than two persons shall contain not less than 50 additional square feet (4.6 m2) of floor area for each occupant thereof.
505.1 General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet, or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. Kitchen sinks, lavatories, laundry facilities, bathtubs, and showers shall be supplied with hot or tempered and cold running water in accordance with the plumbing code.
[P] 505.5.1 Abandonment of systems. Where a nonpotable water reuse system or a rainwater collection and distribution system is not maintained or the owner ceases use of the system, the system shall be abandoned in accordance with Section 1502.5 of the Uniform Plumbing Code.
602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms, and toilet rooms based on the winter outdoor design temperature for the locality. Cooking appliances shall not be used, nor shall portable unvented fuel-burning space heaters be used, as a means to provide required heating.
Exception: In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained.
602.3 Heat supply. Every owner and operator of any building who rents, leases, or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from September 1 to April 30 to maintain a minimum temperature of 68°F (20°C) in all habitable rooms, bathrooms, and toilet rooms.
Exceptions:
1. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in the Plumbing Code.
2. In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained.
602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from September 1 to April 30 to maintain a minimum temperature of 65°F (18°C) during the period the spaces are occupied.
Exceptions:
1. Processing, storage, and operation areas that require cooling or special temperature conditions.
2. Areas in which persons are primarily engaged in vigorous physical activities.
(1992 Code, § 11-76) (Ord. 14-98, passed 2-2-1998; Ord. 116-01, passed 12-10-2001; Ord. 26-04, passed 3-1-2004; Ord. 32-07, passed 2-20-2007; Ord. 105-08, passed 8-18-2008; Ord. 20-10, passed 3-1-2010; Ord. 37-12, passed 6-12- 2012; Ord. 104-12, passed 12-18-2012; Ord. 129-15, passed 12-15-2015; Ord. 22-16, passed 4-5-2016; Ord. 140-22, passed 12-6-2022)
§ 150.125 DEFINITIONS.
For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONSTRUCTION SUPERVISOR. The individual who has passed the construction supervisor’s examination and has been designated as the person responsible for the personal supervision of a contractor’s residential building contracting or residential roofing and repair contracting.
EMPLOYEE. A person whose compensation for construction work is reported by the employer on an Internal Revenue Service W-2 Form and is also otherwise considered an employee under applicable law.
INACTIVE CONSTRUCTION SUPERVISOR. The individual who has passed the construction supervisor’s examination and is licensed by the city but has not been designated as the construction supervisor for a residential building contractor or residential roofing and repair contracting.
PERSONAL SUPERVISION. That the construction supervisor oversees and directs the residential building contracting or residential roofing and repair contracting and that:
(1) He or she is available to his or her laborers and city inspectors; and
(2) He or she is able to and does determine that all work performed is in compliance with this chapter and all city ordinances, rules, regulations and state law.
RESIDENTIAL BUILDING CONTRACTING. The enlargement, alteration, repair, improvement, conversion or new construction of any one- or two-family dwelling, townhouses or any accessory building or structure associated with a one- or two-family dwelling or townhouses for which a building permit is required.
RESIDENTIAL BUILDING CONTRACTOR. A person who for compensation undertakes or offers to undertake residential building contracting.
RESIDENTIAL ROOFING AND REPAIR CONTRACTING. The act of replacing or installing the roof covering, replacing windows and/or doors into the same opening with no structural changes and replacing or installing siding in any one- or two-family dwelling or townhouse for which a building permit is required.
RESIDENTIAL ROOFING AND REPAIR CONTRACTOR. A person who for compensation undertakes or offers to undertake residential roofing and repair contracting.
TOWNHOUSES. A single-family dwelling unit constructed in a group of three or more attached units in which each unit extends from foundation to roof and with open space on at least two sides.
(1992 Code, § 11-81) (Ord. 115-94, passed 12-19-1994; Ord. 12-98, passed 2-2-1998; Ord. 105-08, passed 8-18-2008; Ord. 110-23, passed 11-21-2023)
§ 150.126 LICENSE REQUIRED.
(a) Except as otherwise provided herein, no person shall undertake, or offer to undertake residential building contracting or residential roofing and repair contracting until the person obtains a residential building contractors license or a residential roofing and repair contractors license.
(b) The following are exempt from the requirements of this section:
(1) Employees or bona fide subcontractors of a person licensed in accordance with this chapter when they are under the direction and control of that person;
(2) Any person engaged in other construction trades for which licenses are required by the city when that person is performing work commensurate with the respective license;
(3) A dwelling owner for work to be done on his or her property which he or she occupies as his or her own single family dwelling or will occupy as his or her own single family dwelling and when the property owner is acting as his or her own contractor; and
(4) A landlord or his or her agent for work to be done on his or her property when the landlord is acting as his or her own building contractor.
(1992 Code, § 11-82) (Ord. 115-94, passed 12-19-1994; Ord. 110-23, passed 11-21-2023)
§ 150.127 LICENSE APPLICATION.
(a) Any person desiring to engage in the business of residential building contracting or residential roofing and repair contracting shall first make an application for a license therefor to the chief building official on forms furnished.
(b) In addition to the information required in chapter 110 of this Code, the chief building official may require proof of identification and compliance with other applicable ordinances and laws of this city and the state.
(1992 Code, § 11-83) (Ord. 115-94, passed 12-19-1994; Ord. 105-08, passed 8-18-2008; Ord. 35-19, passed 3-19-2019; Ord. 110-23, passed 11-21-2023)
§ 150.128 INACTIVE CONSTRUCTION SUPERVISOR’S LICENSE.
Persons may apply for and take the construction supervisor’s examination and upon paying the appropriate license fee may be issued an inactive construction supervisor’s license.
(1992 Code, § 11-84) (Ord. 115-94, passed 12-19-1994; Ord. 80-95, passed 6-5-1995; Ord. 12-98, passed 2-2-1998)
§ 150.129 BOND REQUIRED.
(a) As a condition of his or her license, each residential building contractor or residential roofing and repair contractor shall maintain and deliver to the chief building official a compliance bond in the penal sum of $20,000 in a form approved by the city with the contractor as principal on the bond and the city as obligee for its benefit and that of consumers dealing with the contractor.
(b) The bond shall be conditioned upon the faithful and lawful completion of all work entered into by the contractor within the city for compliance with all the provisions of this chapter, and for payment to the city of associated permit fees, investigation fees, citations, landfill charges, and water and street department service charges. The bond shall be in addition to all other license bonds to any political subdivision or government agency. The bond shall be written by a corporate surety authorized to transact business in the state.
(c) Claims upon the bond shall be filed by the city by reason of the principal’s failure to perform his or her obligation under the bond. The aggregate liability of the surety, regardless of the number of claims made against the bond or the number of years the bond remains in force, shall not exceed $20,000. Any revision of the bond amount shall not be cumulative.
(d) Suspension or revocation of the license of the principal shall not by itself affect the liability of either the principal or the surety on the bond except that the liability of the surety shall not extend to acts or omissions of the principal occurring after the effective date of his or her license suspension or revocation.
(1992 Code, § 11-85) (Ord. 115-94, passed 12-19-1994; Ord. 105-08, passed 8-18-2008; Ord. 82-14, passed 11-4-2014; Ord. 130-15, passed 12-15-2015; Ord. 35-19, passed 3-19-2019; Ord. 110-23, passed 11-21-2023)
§ 150.130 GENERAL LIABILITY INSURANCE REQUIRED.
As a condition of his or her license, each residential building contractor or residential roofing and repair contractor shall deliver to the chief building official and maintain proof of a general liability insurance policy with single limits of at least $300,000.
(1992 Code, § 11-86) (Ord. 115-94, passed 12-19-1994; Ord. 12-98, passed 2-2-1998; Ord. 105-08, passed 8-18-2008; Ord. 35-19, passed 3-19-2019; Ord. 110-23, passed 11-21-2023)
§ 150.131 CONSTRUCTION SUPERVISOR’S EXAMINATION.
(a) No license shall be issued until after the designated construction supervisor has passed an examination as to his or her qualifications and fitness to perform residential building contracting or residential roofing and repair contracting. The examination shall be given under the direction of the building inspection manager. No applicant may take another examination within 30 days of having failed an examination.
(b) Applications for examination shall be made not less than one week prior to the examination date which shall be as determined by the chief building official. The examination must be completed within 120 days of the application submittal date. Failure to complete the examination within 120 days shall result in the forfeiture of the examination application fee and the application will be deemed null and void. After passing the examination, applicants shall secure the license within 90 days from the exam date.
(c) Applicants shall pay the examination fee for each exam given.
(1992 Code, § 11-87) (Ord. 115-94, passed 12-19-1994; Ord. 12-98, passed 2-2-1998; Ord. 105-08, passed 8-18-2008; Ord. 130-15, passed 12-15-2015; Ord. 35-19, passed 3-19-2019; Ord. 110-23, passed 11-21-2023)
§ 150.132 DESIGNATION OF CONSTRUCTION SUPERVISOR.
As a condition of his or her license each residential building contractor or residential roofing and repair contractor must designate himself or herself or one employee as the designated construction supervisor who shall be responsible for the personal supervision of the contractor's residential building contracting or residential roofing and repair contracting.
(1992 Code, § 11-88) (Ord. 115-94, passed 12-19-1994; Ord. 12-98, passed 2-2-1998; Ord. 110-23, passed 11-21-2023)
§ 150.133 TERMINATION OF DESIGNATED CONSTRUCTION SUPERVISOR.
It shall be the duty of the residential building contractor or residential roofing and repair contractor to immediately notify the chief building official in writing upon the designation of a new construction supervisor or the termination or death of the designated construction supervisor. Upon the termination or death of the designated construction supervisor, the residential building contractor or residential roofing and repair contractor may request in writing from the chief building official a continuance of the license, for the purpose of completing existing permitted projects only, for a period not to exceed 90 days.
(1992 Code, § 11-89) (Ord. 115-94, passed 12-19-1994; Ord. 12-98, passed 2-2-1998; Ord. 105-08, passed 8-18-2008; Ord. 35-19, passed 3-19-2019; Ord. 110-23, passed 11-21-2023)
§ 150.134 LICENSE USE RESTRICTED.
No licensed residential building contractor or residential roofing and repair contractor shall allow his or her name to be used by any other person directly or indirectly, either to obtain a building permit or to perform residential building contracting or residential roofing and repair contracting.
(1992 Code, § 11-90) (Ord. 115-94, passed 12-19-1994; Ord. 12-98, passed 2-2-1998; Ord. 110-23, passed 11-21-2023)
§ 150.135 LICENSE TERM RENEWAL.
(a) All licenses issued under the provisions of this chapter shall expire on March 1 of every third year beginning on March 1, 1998. All renewal fees shall be paid prior to the license being renewed.
(b) Any person who fails to renew a license issued under the provisions of this chapter within 60 days after it has expired shall pay in addition to the renewal fee a reinstatement fee equal to 50% of the renewal fee.
(c) Residential building contractor licenses or residential roofing and repair contractor licenses not renewed within one year from the date of expiration shall not be renewed until the designated construction supervisor has submitted to and passed the construction supervisor's examination and has paid the examination and license fees required of a new residential building contractor or residential roofing and repair contractor and has met all other conditions required to hold a residential building contractor's license or residential roofing and repair contractor's license.
(d) Inactive construction supervisors’ licenses not renewed within one year of expiration shall not be renewed until the inactive construction supervisor has submitted to and passed an examination and has paid the examination and license fees required for a new license.
(1992 Code, § 11-91) (Ord. 115-94, passed 12-19-1994; Ord. 12-98, passed 2-2-1998; Ord. 35-19, passed 3-19-2019; Ord. 110-23, passed 11-21-2023)
§ 150.136 CONTINUING EDUCATION REQUIREMENTS.
(a) No residential building contractor's license or residential roofing and repair contractor's license shall be renewed until the designated construction supervisor has completed a minimum of one hour of attendance at a course which is approved by the building official or has submitted to and passed the construction supervisor's examination and has paid the examination and license fees required for a new residential building contractor or residential roofing and repair contractor. The one hour of continuing education shall coincide with license term as indicated in § 150.135(a).
(b) No inactive construction supervisor examined and licensed after March 1, 1998, shall have his or her license renewed until he or she has completed a minimum of one hour attendance at a course which is approved by the building official or has retaken and passed the construction supervisor’s examination and paid the examination and license fee required for a new license. The one hour of continuing education shall coincide with license term as indicated in § 150.135(a).
(1992 Code, § 11-92) (Ord. 115-94, passed 12-19-1994; Ord. 12-98, passed 2-2-1998; Ord. 94-22, passed 8-9-2022; Ord. 110-23, passed 11-21-2023)
§ 150.137 SUSPENSION, REVOCATIONS, AND CENSURE OF LICENSE.
The chief building official may suspend, revoke, or refuse to renew a license if he or she finds:
(a) In his or her discretion that the order is in the public interest; and
(b) Based upon substantial evidence presented, the applicant or licensee:
(1) Has filed an application for a license which is incomplete in any material respect or contains statements which are false or misleading;
(2) Has engaged in any fraudulent, deceptive, or dishonest act or practice;
(3) Has violated any applicable provision of this Code, city ordinance, rule, regulation, or state law;
(4) Fails to file with the chief building official the necessary bonds or certificate of insurance;
(5) Fails to provide copies of records in the person's possessions related to a matter under investigation;
(6) Fails to pay inspection and permit fees or citations in a timely manner as determined by the chief building official;
(7) Fails to respond to a lawful order or directive of the building official; or
(8) Fails to employ a construction supervisor.
(1992 Code, § 11-93) (Ord. 115-94, passed 12-19-1994; Ord. 115-96, passed 10-7-1996; Ord. 12-98, passed 2-2-1998; Ord. 105-08, passed 8-18-2008; Ord. 35-19, passed 3-19-2019; Ord. 110-23, passed 11-21-2023)
§ 150.138 ADMINISTRATIVE APPEAL OF LICENSE SUSPENSION, REVOCATION OR REFUSAL TO RENEW.
A party whose license is suspended, revoked or refused renewal may appeal that decision to the building board of appeals and examiners. Appeals shall be commenced by filing a written appeal with the department within ten days of the decision. The appeal shall include a statement of the action complained of, why the same should be modified or rescinded, whether the appellant desires an open or closed hearing, and an address where the appellant can be mailed notice of hearings. The department shall immediately deliver a copy of the appeal to the city attorney who will act as legal counsel.
(1992 Code, § 11-94) (Ord. 115-94, passed 12-19-1994; Ord. 115-96, passed 10-7-1996)
§ 150.139 TIME OF HEARING AND NOTICE.
A public hearing, or a closed hearing if the board determines it is necessary, shall be held on all appeals within 15 working days after filing of the appeal, unless a later date is agreed upon by the appellant and the board. The department shall cause written notice of the date, time and place of the hearing to be served upon the appellant by personal service or certified mail to the address set forth in the appeal at least five days before the hearing date.
(1992 Code, § 11-95) (Ord. 115-96, passed 10-7-1996)
§ 150.140 HEARING PROCEDURES.
The following rules shall govern the procedures for an administrative hearing on matters concerning licensee suspension, revocation, or refusal to renew.
(a) Hearings and administrative appeals need not be conducted according to the technical rules relating to evidence and witnesses.
(b) Oral evidence shall be taken only on oath or affirmation.
(c) The chairperson of the board or the board recorder shall administer oaths or affirmations to witnesses.
(d) Any relevant evidence shall be admitted if it is the type of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence after objection in civil actions in courts of competent jurisdiction in this state.
(e) Irrelevant and unduly repetitious evidence and evidence that lacks trustworthiness shall be excluded.
(f) The appellant, the major organization unit or agency, and any other party to an appeal shall have these rights among others:
(1) To call and examine witnesses on any matter relevant to the issue of the hearing;
(2) To introduce documentary and physical evidence;
(3) To cross examine opposing witnesses on any matter relevant to the issues of the hearing; and
(4) To rebut evidence.
(g) After each appeal hearing, the board or hearing examiner shall perform the following:
(1) Make written findings of fact; and
(2) Based upon the written findings, sustain, remand for further hearing or action, or rescind the complained action or decision. The board may, in its discretion, waive the payment of any reinstatement or late penalty fee.
(h) (1) A written report of the decision, including the findings of fact, shall be furnished to the appellant and the chief building official within 15 working days from the date the appeal hearing is closed.
(2) The city and the appellant shall bear their own respective costs of the appeal proceeding. The decision of the board shall be final.
(1992 Code, § 11-96) (Ord. 115-96, passed 10-7-1996; Ord. 105-08, passed 8-18-2008; Ord. 35-19, passed 3-19-2019)
§ 150.141 APPEAL TO CIRCUIT COURT.
The decision of the board or the hearing examiner is subject to judicial review as provided by law.
(1992 Code, § 11-97) (Ord. 115-96, passed 10-7-1996; Ord. 30-07, passed 2-20-2007)
§ 150.155 PURPOSE.
The purpose of this subchapter is to protect the public health, safety and welfare by establishing a program for identification and registration of vacant buildings, determining the responsibilities of owners of vacant buildings and structures, and providing for administration, enforcement and penalties.
(1992 Code, § 11-100) (Ord. 112-03, passed 11-17-2003)
§ 150.156 DEFINITIONS.
For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DANGEROUS STRUCTURE. A structure that is potentially hazardous to persons or property, including, but not limited to:
(1) A structure that is in danger of partial or complete collapse;
(2) A structure with any exterior parts that are loose or in danger of falling; or
(3) A structure with any parts, such as floors, porches, railings, stairs, ramps, balconies or roofs, that are accessible and that are either collapsed, in danger of collapsing or unable to support the weight of normally imposed loads.
OWNER. Those shown to be the owner or owners on the records of the Minnehaha County and Lincoln County directors of equalization, those identified as the owner or owners on a vacant building registration form, holder of an unrecorded contract for deed, a mortgagee or vendee in possession, a mortgagor or vendor in possession, assignee of rents, receiver, executor, trustee, lessee, other person, firm or corporation in control of the freehold of the premises or lessor state therein. Any person shall have a joint and several obligation for compliance with the provisions of this subchapter.
SECURED BY OTHER THAN NORMAL MEANS. A building secured by means other than those used in the design of the building.
UNOCCUPIED. A building which is not being used for a legal occupancy.
UNSECURED. A building or portion of a building that is open to entry by unauthorized persons without the use of tools.
VACANT BUILDING.
(1) A building or portion of a building that is:
A. Unoccupied and unsecured;
B. Unoccupied and secured by other than normal means;
C. Unoccupied and a dangerous structure;
D. Unoccupied and condemned;
E. Unoccupied and has city code violations; or
F. Condemned and illegally occupied.
(2) VACANT BUILDING does not mean any building being constructed pursuant to a valid permit issued pursuant to the city building code and residential code for one- and two-family dwellings.
(1992 Code, § 11-101) (Ord. 112-03, passed 11-17-2003)
§ 150.157 VACANT BUILDING REGISTRATION.
(a) The owner shall register with the city not later than 30 days after any building in the city becomes a vacant building, as defined in this subchapter.
(b) The registration shall be submitted on forms provided by the city. The forms shall include a plan for the continued care and upkeep of the property acceptable to the city and a timetable for returning the building to appropriate occupancy or use and/or for demolition of the building and other information deemed necessary by the city.
(c) All applicable laws and codes shall be complied with by the owner. The owner shall notify the city of any changes in information supplied as part of the vacant building registration within 30 days of the change. If the plan or timetable for the vacant building is revised in any way, the revisions must meet the approval of the city.
(d) The owner and any subsequent owners shall keep the building secured and safe and the building and grounds properly maintained until the rehabilitation or demolition has been completed. The building shall not be used for storage.
(e) Any new owner(s) shall register or re-register the vacant building with the city within 30 days of any transfer of an ownership interest in a vacant building. The new owner(s) shall comply with the approved plan and timetable submitted by the previous owner until any proposed changes are submitted and meet the approval of the city.
(1992 Code, § 11-102) (Ord. 112-03, passed 11-17-2003)
§ 150.158 VACANT BUILDING FEES.
(a) The owner of a vacant building shall pay an annual fee of $1,000 for the first year the building becomes a vacant building. If the property is located in a historic district identified by the city of Sioux Falls, the owner shall pay an annual fee of $2,000 for the first year the building becomes a vacant building. Thereafter, if any property remains unoccupied, the subsequent annual fee shall increase by $1,000 increments each year.
(b) The first annual fee shall be paid not later than 30 days after the building becomes a vacant building. Any subsequent annual fee shall be due upon renewal of the vacant building registration. If the fee is not paid within 30 days of being due, the owner shall be in violation of this subchapter.
(c) The fee shall be paid in full prior to the issuance of any building permits, with the exception of a demolition permit.
(1992 Code, § 11-103) (Ord. 112-03, passed 11-17-2003; Ord. 137-21, passed 11-9-2021; Ord. 53-23, passed 7-5-2023)
§ 150.159 EXEMPTIONS.
(a) A building that has suffered fire damage shall be exempt from the registration requirement for 90 days after the date of the fire if the property owner submits a request for exemption in writing to the city.
(b) This request shall include the following information supplied by the owner:
(1) A description of the premises;
(2) The names and addresses of the owner or owners; and
(3) A statement of intent to repair and reoccupy the building in an expedient manner.
(1992 Code, § 11-104) (Ord. 112-03, passed 11-17-2003)
§ 150.160 INSPECTIONS.
The city may inspect any premises in the city for the purpose of enforcing and assuring compliance with the provisions of this subchapter. Procedures for inspections shall be as permitted by § 104 of the Property Maintenance Code.
(1992 Code, § 11-105) (Ord. 112-03, passed 11-17-2003; Ord. 105-08, passed 8-18-2008)
§ 150.161 ALTERNATIVE PROCEDURES.
Nothing in this subchapter shall be deemed to abolish or impair existing remedies of the city authorized by this Code.
(1992 Code, § 11-107) (Ord. 112-03, passed 11-17-2003)
§ 150.175 PURPOSE.
The purpose of this subchapter is to protect the health, safety and welfare of the citizens of the city by requiring permit and registration of rental housing units.
(1992 Code, § 11-110) (Ord. 111-03, passed 11-17-2003)
§ 150.176 DEFINITIONS.
For the purposes of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
RESIDENTIAL RENTAL UNIT. Any building or structure including the real property upon which it is located, which is rented, offered for rent as living quarters, or used as a short-term rental unit. It does not mean homes that qualify as on-campus housing, hospital units, nursing home units, or hotels or motels with daily rental units, all of
which shall be exempt from any requirements of this subchapter.
SHORT-TERM RENTAL UNIT. Any home, cabin, or similar building that is rented, leased, or furnished in its entirety to the public on a daily or weekly basis for more than 14 days in a calendar year and is not occupied by an owner or manager during the time of rental. This term does not include a bed and breakfast establishment as defined in city ordinance § 160.005.
(1992 Code, § 11-111) (Ord. 111-03, passed 11-17-2003; Ord. 74-17, passed 8-8-2017; Ord. 109-23, passed 11-21-2023)
§ 150.177 PERMIT REQUIREMENTS.
(a) No residential rental property owner shall allow to be occupied, advertise for occupancy, solicit occupants of, or let to another person for occupancy any residential rental unit within the city that has not been permitted as residential rental unit by the city. All owners of a residential rental unit shall have filed a permit application for the physical address of each building with the city. Failure to make truthful disclosures of the information required under division (b)(5) below, or if the information disclosed reveals three or more health, nuisance, or other code violations resulting in citations and fines payable to the city within the previous three calendar years, shall be cause for the city to elect to deny the permit. An application for a residential rental permit shall be available to access in person and on the city's webpage. A technological problem or failure that temporarily prevents the use of an online application shall not violate this section. A residential rental property owner and/or the designated contact person shall notify the city in writing within 30 calendar days after any change to the information provided on the application.
(b) The application and supporting forms shall require the following information:
(1) Name, mailing address, and phone number of the property owner;
(2) If the property owner does not reside within fifty (50) miles from Sioux Falls city limits, the name, phone number, email, and mailing address of a contact person(s), who shall reside within fifty (50) miles from Sioux Falls city limits, and be authorized to make or order repairs or services for the property, if in violation of city ordinances or state law;
(3) The street address of the residential rental unit;
(4) The number and type of units; i.e., dwelling units or sleeping rooms; and
(5) Whether the owner or responsible party as defined by § 40.002 of this Code, have, within the previous three calendar years, been in violation and failed to make timely corrections of health, nuisance or other code violations, excluding any notices or violations issued pursuant to § 96.100 or §§ 94.041, 94.043, and 94.044 of this Code, to any property or properties in any municipality, including the city.
(6) The name, mailing address, email, and phone number of the individual licensed as a broker, broker associate, property manager, or residential rental agent with the South Dakota Real Estate Commission who manages the residential rental unit. (if applicable).
(c) In the event that any of the information required by this section changes, the applicant or permittee shall, within 30 days, notify in writing the director of planning and development services of the change.
(d) The fee for the permit shall be $50 beginning on July 1, 2024. The fee shall be waived for any new construction property that receives a permit prior to tenant occupancy.
(e) The applicant must attend a minimum of two hours of course curriculum, which has been approved by the director of planning and development services, prior to the residential rental permit approval. The applicant shall be exempt from this provision if the applicant's property will be managed by any individual licensed as a broker, broker associate, property manager, or residential rental agent with the South Dakota Real Estate Commission.
(f) Any applicant who is permitting a short-term rental unit under this subchapter shall provide proof of a state sales tax license unless the applicant provides documentation, acceptable to the director of planning and development services, that proves sales tax will be remitted on behalf of the applicant by a third party. The applicant shall also provide proof of a state health department lodging license pursuant to SDCL 34-18 and any other state license required by law.
(g) Any property owner who allows to be occupied, advertises for occupancy, solicits occupants of, or lets to another person for occupancy any residential rental unit within the city that has not been permitted per this section shall be subject to the penalty provisions of § 10.999. This provision shall be effective on July 1, 2024.
(1992 Code, § 11-112) (Ord. 111-03, passed 11-17-2003; Ord. 58-07, passed 4-16-2007; Ord. 49-11, passed 7-5-2011; Ord. 74-17, passed 8-8-2017; Ord. 109-23, passed 11-21-2023)
§ 150.178 PERMIT REVOCATION.
(a) Each permit may be revoked upon the city’s issuance of any notice of a fourth health, nuisance or other violation when the permit holder has been subject to three health, nuisance or other code violations resulting in citations and fines payable to the city within the previous three calendar years, excluding any notices or violations issued pursuant to § 96.100 or §§ 94.041, 94.043 and 94.044 of this Code, as to any property in the city.
(b) No action revoking a permit pursuant to this subchapter for a residential rental unit shall be undertaken by the city without notice and a reasonable opportunity for the owner to bring the unit into compliance with applicable city ordinances. The director of planning and development services shall have the authority to revoke any permit for a particular residential rental unit if it is determined that the property is in serious and continued substantial noncompliance with any applicable city ordinance.
(c) Appeals from a decision revoking a permit for a residential rental unit shall be pursuant to the appeals process of the International Property Maintenance Code and §§ 30.040 through 30.046 of this Code. No action revoking a permit for a residential rental unit shall be deemed effective until all appeals have been exhausted, including any appeal to circuit court, or the time for filing any appeal shall have passed without an appeal being filed.
(d) Once revoked, the property owner shall make an application for a residential rental permit if the property owner proposes to use the property as a residential rental unit. A permit shall not be issued until completion of the following:
(1) Abatement of any health, nuisance or other code violation at the property;
(2) Satisfactory city inspection and approval of the dwelling unit’s habitability; and
(3) Payment of all outstanding code enforcement citations issued by the city to the owner or responsible party for the subject property.
(1992 Code, § 11-113) (Ord. 111-03, passed 11-17-2003; Ord. 49-11, passed 7-5-2011; Ord. 109-23, passed 11-21-2023)
§ 150.179 CORRECTION OF DEFECTS AND ENFORCEMENT.
(a) Whenever the director of planning and development services determines that a short-term rental unit has failed to meet the requirements of any applicable city ordinance, the city shall proceed with enforcement as provided within the applicable ordinance. The city may suspend a residential rental permit issued for a short-term rental unit that has been subject to two health, nuisance or other code violations resulting in citations and fines payable to the city within the previous one year, excluding any notices or violations issued pursuant to § 96.100 or §§ 94.041, 94.043 and 94.044 of this Code, as to any property in the city. The suspension shall be rescinded once the permittee has provided a corrective action plan that is satisfactory to the director of planning and development services. In addition to all other remedies, the city may seek to enjoin any unit from being operated as a residential rental unit that is not properly permitted by the city.
(b) The city shall provide each permittee access to information that details any code violation(s), correction(s) and any other information deemed appropriate by the director of planning and development services.
(1992 Code, § 11-114) (Ord. 111-03, passed 11-17-2003; Ord. 58-07, passed 4-16-2007; Ord. 49-11, passed 7-5-2011; Ord. 74-17, passed 8-8-2017; Ord. 109-23, passed 11-21-2023)
§ 150.180 PROPERTY TRANSFERS.
To transfer a permit for a residential rental unit from one owner, owner’s contact person(s), or management company to another, the applicant shall give written notice, including the name and address of the transferee, to the city of the transfer within 30 days after the transfer. There shall be no fee associated with the transfer of a permit if the applicant complies with this section.
(1992 Code, § 11-115) (Ord. 111-03, passed 11-17-2003; Ord. 49-11, passed 7-5-2011; Ord. 74-17, passed 8-8-2017; Ord. 109-23, passed 11-21-2023)
§ 150.181 NO WAIVER OF CODE COMPLIANCE.
No permit issued for a residential rental unit shall be deemed to cure, waive or grant a right of continued operation for property that is determined to be in violation of any applicable ordinances of the city.
(1992 Code, § 11-116) (Ord. 111-03, passed 11-17-2003; Ord. 49-11, passed 7-5-2011)
§ 150.182 SHORT-TERM RENTAL UNIT GUEST NOTICE/INFORMATION.
(a) All short-term rental units shall provide their guests with a document that includes the following information:
(1) An emergency phone number for the property owner or his/her contact person.
(2) Emergency and non-emergency phone numbers for the City of Sioux Falls.
(3) The short-term rental unit's physical address.
(4) A statement that: "Guests are expected to be courteous to all neighbors and to respect property boundaries."
(5) Any additional information deemed necessary by the director of planning and development services.
(b) This information shall also be posted in a conspicuous location within the short-term rental unit.
(Ord. 109-23, passed 11-21-2023)
§ 150.201 ELECTRICAL CODE ADOPTED.
(a) The National Electrical Code, 2023 edition (NFPA 70-2023), published by the National Fire Protection Association, and amendments and additions thereto, is hereby adopted by the city to regulate the design and construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use, or maintenance for all electrical systems and installations in the city of Sioux Falls.
(b) The adoption of the National Electrical Code, 2023 edition, will become effective November 12, 2024. The minimum electrical standards in the 2023 edition of the National Electrical Code and amendments, additions, and deletions thereto shall be applied to any building permit issued on November 12, 2024, and thereafter.
(c) A printed copy of the code shall be filed with the city clerk.
(1992 Code, § 15-1) (Ord. 62-80, passed 7-7-1980; Ord. 28-82, passed 3-29-1982; Ord. 104-83, passed 12-12-1983; Ord. 104-86, passed 12-8-1986; Ord. 21-90, passed 3-26-1990; Ord. 65-93, passed 8-9-1993; Ord. 117-96, passed 10-7-1996; Ord. 117-01, passed 12-10-2001; Ord. 24-03, passed 3-3-2003; Ord. 122-05, passed 12-5-2005; Ord. 107-08, passed 8-18-2008; Ord. 82-11, passed 10-17-2011; Ord. 75-14, passed 10-14-2014; Ord. 62-17, passed 7-18-2017; Ord. 68-20, passed 9-1-2020; Ord. 58-25, passed 10-7-2025)
§ 150.201.1 AMENDMENTS, ADDITIONS, AND DELETIONS TO THE 2023 NATIONAL ELECTRICAL CODE.
The following articles and subsections of the National Electrical Code, 2023 edition, shall be amended, added, or not adopted by the city as follows. All other sections or subsections of the National Electrical Code, 2023 edition, as published shall remain the same.
ARTICLE 100 Definitions. Part 1. Definitions. Equipment. A general term, including fittings, devices, appliances, luminaires, apparatus, and the like used as a part of, or in connection with, an electrical installation.
ARTICLE 100. Definitions. Part 1. Definitions. Kitchen. An area with a sink and permanent provisions for food preparation and cooking. A fixed or portable single microwave does not constitute a permanent cooking facility.
ARTICLE 100 Definitions. Strict Liability Offense. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do.
110.2 Approval. The conductors and equipment required or permitted by this Code shall be acceptable only if approved.
The local electrical inspector shall enforce all rules and specifications in this article as necessary to determine conformity of electrical materials, devices, or appliances with approved methods of construction in order to protect life and property. The label of a nationally recognized electrical testing laboratory, inspection agency, or other organization concerned with product evaluation that maintains periodic inspection during production of equipment or materials, whose label indicates compliance with nationally recognized standards or tests to determine suitable usage in a specified manner, is prima facie evidence that the electrical materials, devices, or appliances are conforming and listed for installation under the provisions of this article.
Exception: Machinery that is reviewed and approved per the machinery policy as adopted by the South Dakota electrical commission.
Informational Note: See 90.7, Examination of Equipment for Safety, and 110.3, Examination, Identification, Installation, and Use of Equipment. See definitions of Approved, Identified, Labeled, and Listed.
110.3 Examination, Identification, Installation, Use, and Listing (Product Certification) of Equipment.
(A) Examination. In judging equipment, considerations such as the following shall be evaluated:
(1) Suitability for installation and use in conformity with this Code.
Informational Note No. 1: Equipment may be new, reconditioned, refurbished, or remanufactured.
Informational Note No. 2: Suitability of equipment use may be identified by a description marked on or provided with a product to identify the suitability of the product for a specific purpose, environment, or application. Special conditions of use or other limitations and other pertinent information may be marked on the equipment, included in the product instructions, or included in the appropriate listing and labeling information. Suitability of equipment may be evidenced by listing or labeling.
(2) Mechanical strength and durability, including, for parts designed to enclose and protect other equipment, the adequacy of the protection thus provided.
(3) Wire bending and connection space.
(4) Electrical insulation.
(5) Heating effects under normal conditions of use and also under abnormal conditions likely to arise in service.
(6) Arcing effects.
(7) Classification by type, size, voltage, current capacity, and specific use.
(8) Cybersecurity for network-connected life safety equipment to address its ability to withstand unauthorized updates and malicious attacks while continuing to perform its intended safety functionality.
Informational Note No. 3: See the ANSI/ISA 62443 series of standards for industrial automation and control systems, the UL 2900 series of standards for software cybersecurity for network-connectable products, and UL 5500, Standard for Remote Software Updates, which are standards that provide frameworks to mitigate current and future security cybersecurity vulnerabilities and address software integrity in systems of electrical equipment.
(9) Other factors that contribute to the practical safeguarding of persons using or likely to come in contact with the equipment.
The state electrical commission may grant special approval of materials, devices, or appliances if no standard has been prepared or adopted to which they should conform. Special approval applies only to the particular sample approved and not to the line as manufactured, stored, sold, installed, or attached and may be granted only for those materials, devices, or appliances which, in the opinion of the state electrical commission, are safe for the use intended. The details of decisions made by the commission shall be recorded and entered into the files of the electrical inspection division. The city does not assume any liability for damage or injury to persons or property because of the use of those materials, devices, or appliances.
110.26 Spaces About Electrical Equipment. (1) Depth of Working Space. The depth of the working space in the direction of live parts shall not be less than that specified in Table 110.26(A)(1) unless the requirements of 110.26(A)(1)(a), (A)(1)(b), or (A)(1)(c) are met. Distances shall be measured from the exposed live parts or from the enclosure or opening if the live parts are enclosed.
In new structures other than dwelling units, additional working space for switchboards, panelboards, switchgear, and motor control centers operating at 600 volts, nominal or less to ground, shall extend up 2 feet above the required working space from the front face of the switchboard, panelboards, switchgear, and motor control centers. This applies only to equipment not part of the electrical installation. Building construction materials shall be allowed in the 2-foot area.
Table 110.26(A)(1) Working Spaces
| |||
Nominal Voltage to Ground | Minimum Clear Distance | ||
Condition 1 | Condition 2 | Condition 3 | |
0–150 | 914 mm (3 ft) | 914 mm (3 ft) | 914 mm (3 ft) |
151–600 | 914 mm (3 ft) | 1.0668 m (3 ft 6 in) | 1.22 m (4 ft) |
600–1000 | 914 mm (3 ft) | 1.22 m (4 ft) | 1.524 m (5 ft) |
Note: Where the conditions are as follows:
Condition 1—Exposed live parts on one side of the working space and no live or grounded parts on the other side of the working space, or exposed live parts on both sides of the working space that are effectively guarded by insulating materials.
Condition 2—Exposed live parts on one side of the working space and grounded parts on the other side of the working space. Concrete, brick, or tile walls shall be considered as grounded.
Condition 3—Exposed live parts on both sides of the working space.
(a) Dead-Front Assemblies. Working space shall not be required in the back or sides of assemblies, such as dead-front switchboards, switchgear, or motor control centers, where all connections and all renewable or adjustable parts, such as fuses or switches, are accessible from locations other than the back or sides. Where rear access is required to work on nonelectrical parts on the back of enclosed equipment, a minimum horizontal working space of 762 mm (30 in) shall be provided.
(b) Low Voltage. By special permission, smaller working spaces shall be permitted where all exposed live parts operate at not greater than 30 volts rms, 42 volts peak, or 60 volts dc.
(c) Existing Buildings. In existing buildings where electrical equipment is being replaced, Condition 2 working clearance shall be permitted between dead-front switchboards, switchgear, panelboards, or motor control centers located across the aisle from each other where conditions of maintenance and supervision ensure that written procedures have been adopted to prohibit equipment on both sides of the aisle from being open at the same time and qualified persons who are authorized will service the installation.
110.27 Guarding of Live Parts. (D) Electric Fences. Electric fencing is not allowed to be installed in the city except as approved by the electrical board of appeals and examiners.
210.8(A) Dwelling Units. All 125-volt through 250-volt receptacles installed in the following locations and supplied by single-phase branch circuits rated 150 volts or less to ground shall have ground-fault circuit-interrupter protection for personnel.
(1) Bathrooms.
(2) Garages and also accessory buildings that have a floor located at or below grade level not intended as habitable rooms and limited to storage areas, work areas, and areas of similar use.
(3) Outdoors.
(4) Crawl spaces—at or below grade level.
(5) Basements.
(6) Kitchens.
(7) Areas with sinks and permanent provisions for food preparation, beverage preparation, or cooking.
(8) Sinks—where receptacles are installed within 1.8 m (6 ft) from the top inside edge of the bowl of the sink.
(9) Boathouses.
(10) Bathtubs or shower stalls—where receptacles are installed within 1.8 m (6 ft) of the outside edge of the bathtub or shower stall.
(11) Laundry areas—where receptacles are installed within 3.0 m (10 ft) of the laundry box or water supply laundry hookups.
(12) Indoor damp and wet locations.
Exception No. 1: Receptacles that are not readily accessible and are supplied by a branch circuit dedicated to electric snow melting, deicing, or pipeline and vessel heating equipment shall be permitted to be installed in accordance with 426.28 or 427.22, as applicable.
Exception No. 2: A receptacle supplying only a permanently installed premises security system shall be permitted to omit ground-fault circuit-interrupter protection.
Exception No. 3: Listed weight-supporting ceiling receptacles (WSCR) utilized in combination with compatible weight-supporting attachment fittings (WSAF) installed for the purpose of supporting a ceiling luminaire or ceiling-suspended fan shall be permitted to omit ground-fault circuit-interrupter protection. If a general-purpose convenience receptacle is integral to the ceiling luminaire or ceiling-suspended fan, GFCI protection shall be provided.
Exception No. 4: Factory-installed receptacles that are not readily accessible and are mounted internally to bathroom exhaust fan assemblies shall not require GFCI protection unless required by the installation instructions or listing.
Informational Note: See 760.41(B) and 760.121(B) for power supply requirements for fire alarm systems.
Exception No. 5: Properly labeled recreational vehicle (RV) receptacles other than 125-volt, single-phase, fifteen- and twenty-ampere receptacles are exempt from ground-fault circuit interrupter (GFCI) requirements in section 210.8(A).
Exception No 6: Any outlet in a dwelling unit supplying a specific appliance in Section 210.8(D)(8) through (12) is exempt from GFCI requirements.
210.8(F) Outdoor Outlets. Not adopted by the State or the City.
210.52 Dwelling Unit Receptacle Outlets. (C) (1) Wall Spaces. Receptacle outlets shall be installed so that no point along the wall line is more than 600 mm (24 in) measured horizontally from a receptacle outlet in that space. The location of the receptacles shall be in accordance with 210.52(C)(3). Wall counter space receptacle outlet requirements shall apply to island and peninsula counter spaces provided with backsplash and permanent vertical wall components.
Exception No. 1: Receptacle outlets shall not be required directly behind a range, counter-mounted cooking unit, or sink in the
installation described in Figure 210.52(C)(1).
Exception No. 2: Where a required receptacle outlet cannot be installed in the wall areas shown in Figure 210.52(C)(1), the receptacle outlet shall be permitted to be installed as close as practicable to the countertop area to be served. The total number of receptacle outlets serving the countertop shall not be less than the number needed to satisfy 210.52(C)(1). These outlets shall be located in accordance with 210.52(C)(3).
Figures 210.52(C)(1) Determination of Area Behind a Range, Counter-Mounted Cooking Unit, or Sink.
210.52 Dwelling Unit Receptacle Outlets. (J.) Water softening equipment. In one- and two-family dwellings and town houses, a receptacle outlet shall be installed within 3 feet of the water softener loop or 3 feet of the water heater if no loop exists for water softening equipment.
210.52 Dwelling Unit Receptacle Outlets. (K.) Sump pit. In one- and two-family dwellings and town houses, a GFI-protected receptacle outlet shall be installed within 3 feet of the sump pit on an individual circuit.
210.52 Dwelling Unit Receptacle Outlets. (L) Gas Ranges. In one- and two-family dwellings and town houses, a receptacle outlet shall be installed within 3 feet of the gas range on an individual circuit.
230.28 Service Masts as Supports.
(A) Strength. The service or feeder mast shall be of adequate strength or be supported by braces or guy wires to withstand safely the strain imposed by the service drop or overhead service conductors. Hubs intended for use with a conduit that serves as a service mast shall be identified for use with service entrance equipment.
To gain height, a perpendicular mast shall be installed for the support of service drops to low buildings. This mast must be installed according to the following requirements:
(1) If conduit is used, it must be not less than 2-inch trade-size galvanized, rigid conduit, or intermediate metal conduit.
(2) If a wood mast is used, it must be not smaller in cross section than 4 inches by 6 inches.
(3) If the mast extends more than 48 inches above its last support, the mast must be at least 96 inches long, attached to the structure at a minimum of two locations, and guyed with 1/4-inch minimum guy strand or equivalent, or braced with guy fittings and approved according to Article 90.4 of the National Electrical Code. The measurement is taken from the bottom of the weather head to the top of the first support.
(4) If the mast extends more than 72 inches above its last support, the mast must be at least 120 inches long, attached to the structure at a minimum of three locations, and guyed with fittings in two directions to provide support.
(5) Only the power company’s service drop conductors shall be attached to a service mast. Phone loops, cable TV conduits, grounding clamps, and the like shall not be attached to the service mast. Conduit couplings shall not be installed above the roof line.
230.91 Location. The service overcurrent device shall be an integral part of the service disconnecting means or shall be located immediately adjacent thereto. Where fuses are used as the service overcurrent device, the disconnecting means shall be located ahead of the supply side of the fuses.
The raceway containing conductors to the service entrance disconnect enclosure may not extend more than 5 feet inside the structure, except with the written permission of the state electrical or local electrical inspector. The raceway or cable assembly may not extend more than 5 feet once inside the structure to the main disconnect. Metering enclosures and junction boxes are not included when determining these lengths. Additional lengths in the structure may be installed only with the prior written permission of the electrical inspector or approval of the electrical board of appeals and examiners.
250.24 Grounding of Service-Supplied Alternating-Current Systems. (A) System Grounding Connections. (1) General. The grounding electrode conductor connection shall be made at any accessible point from the load end of the overhead service conductors, service drop, underground service conductors, or service lateral to the terminal or bus to which the grounded service conductor is connected at the service disconnecting means. All grounding electrode conductors of the system grounding connection must terminate on the neutral bus inside the service equipment unless they are inspected before the service is energized by the power supplier.
Informational Note: See Article 100 for definitions of Service Conductors, Overhead; Service Conductors, Underground; Service Drop; and Service Lateral.
250.53 Grounding Electrode System Installation. (D) Metal Underground Water Pipe. (1) Continuity. Continuity of the grounding path or the bonding connection to interior piping shall not rely on water meters or filtering devices and similar equipment.
A bonding jumper size in accordance with Table 250.66 shall be installed between the hot and cold water lines at the water heater and cold hard and soft lines even if the softener is not in place.
300.5 Underground Installations. (D) Protection from Damage. Direct-buried conductors and cables shall be protected from damage in accordance with 300.5(D)(1) through (D)(5).
(1) Emerging from Grade. Direct-buried conductors and cables emerging from grade and specified in columns 1 and 4 of Table 300.5(A) shall be protected by enclosures or raceways extending from the minimum cover distance below grade required by 300.5(A) to a point at least 2.5 m (8 ft) above finished grade. In no case shall the protection be required to exceed 450 mm (18 in) below finished grade.
(2) Conductors Entering Buildings. Conductors entering a building shall be protected to the point of entrance.
(3) Service Conductors. Underground service conductors that are not encased in concrete and that are buried 450 mm (18 in) or more below grade shall have their location identified by a warning ribbon that is placed in the trench at least 300 mm (12 in) above the underground installation.
(4) Enclosure or Raceway Damage. Where the enclosure or raceway is subject to physical damage, the conductors shall be installed in electrical metallic tubing, rigid metal conduit, intermediate metal conduit, RTRC-XW, Schedule 80 PVC conduit, or equivalent.
(5) Underground Conductors to Comply with Installation Requirements. All underground conductor installations, in addition to complying with the requirements of the National Electrical Code, laws of the state of South Dakota, and the state electrical commission, shall comply with the requirement that direct burial underground service conductors or feeders shall be installed in a raceway from the building to a point beyond any concrete or asphalt slabs, stoops, footings, or driveways, which may interfere with future conductor replacement.
300.13 Mechanical and Electrical Continuity— Conductors. (B) Device Removal. The continuity of a conductor shall not depend on device connections such as lampholders, receptacles, and so forth, where the removal of such devices would interrupt the continuity.
310.10 Uses Permitted. (C) Wet Locations. Insulated conductors and cables used in wet locations shall comply with one of the following:
(1) Be moisture-impervious metal-sheathed.
(2) Be types MTW, RHW, RHW-2, TW, THW, THW-2, THHW, THWN, THWN-2, XHHW, XHHW-2, XHWN, XHWN-2, or ZW.
(3) Be of a type listed for use in wet locations.
For the installation of cables and equipment that are not approved for a wet location, the structure must meet the following:
(1) Must maintain a minimum of 20 degrees Fahrenheit temperature in building.
(2) Must have a weatherproofed roof.
(3) Must be totally enclosed.
Exception. Areas located outside of an area measured from the top and sides of an opening at a 1 to 1 ratio.
334.30 Securing and Supporting. Nonmetallic-sheathed cable shall be supported and secured by nonconductive insulated staples, cable ties listed and identified for securement and support, or straps, hangers, or similar fittings designed and installed so as not to damage the cable, at intervals not exceeding 1.4 m (4 ½ ft) and within 300 mm (12 in) of every cable entry into enclosures such as outlet boxes, junction boxes, cabinets, or fittings. The cable length between the cable entry and the closest cable support shall not exceed 450 mm (18 in). Flat cables shall not be stapled on edge.
Sections of cable protected from physical damage by raceway shall not be required to be secured within the raceway.
358.12 Uses Not Permitted. EMT shall not be used under the following conditions:
(1) Where subject to severe physical damage.
(2) For the support of luminaires or other equipment except conduit bodies no larger than the largest trade size of the tubing.
(3) Electrical metallic tubing may not be used in concrete below grade or in concrete slab or masonry in direct contact with earth nor embedded in earth or fill. The use of a vapor barrier has no effect on the requirements of this section.
408.36 Overcurrent Protection. In addition to the requirement of 408.30, a panelboard shall be protected by an overcurrent protective device having a rating not greater than that of the panelboard. This overcurrent protective device shall be located within or at any point on the supply side of the panelboard. Installation of 120-volt plug-in circuit breakers in three-phase, four-wire panelboard on a delta system is prohibited.
Exception No. 1: Individual protection shall not be required for a panelboard protected by two main circuit breakers or two sets of fuses in other than service equipment, having a combined rating not greater than that of the panelboard. A panelboard constructed or wired under this exception shall not contain more than 42 overcurrent devices. For the purposes of determining the maximum of 42 overcurrent devices, a 2-pole or a 3-pole circuit breaker shall be considered as two or three overcurrent devices, respectively.
Exception No. 2: For existing panelboards, individual protection shall not be required for a panelboard used as service equipment for an individual residential occupancy.
422.12 Central Heating Equipment. Central heating equipment other than fixed electric space- heating equipment shall be supplied by an individual branch circuit and a disconnect shall be provided in sight and within 6 feet of the unit.
Exception No. 1: Auxiliary equipment, such as a pump, valve, humidifier, or electrostatic air cleaner directly associated with the heating equipment, shall be permitted to be connected to the same branch circuit.
Exception No. 2: Permanently connected air- conditioning equipment shall be permitted to be connected to the same branch circuit.
517.13 Equipment Grounding Conductor for Receptacles and Fixed Electrical Equipment in Patient Care Spaces. (B) Insulated Equipment
Grounding Conductors and Insulated Equipment Bonding Jumpers. (1) General. All receptacles installed in a patient care area shall be listed “Hospital Grade” and shall be so identified and the identification shall be visible after installation. An insulated copper equipment grounding conductor that is clearly identified along its entire length by green insulation and installed with the branch circuit conductors within the wiring method in accordance with 517.13(A) shall be connected to the following:
(1) Grounding terminals of all receptacles other than isolated ground receptacles.
(2) Metal outlet boxes, metal device boxes, or metal enclosures.
(3) All non-current-carrying conductive surfaces of fixed electrical equipment likely to become energized that are subject to personal contact, operating at over 100 volts.
Exception No. 1: For other than isolated ground receptacles, an insulated equipment bonding jumper that directly connects to the equipment grounding conductor shall be permitted to connect the box and receptacle(s) to the equipment grounding conductor. Isolated ground receptacles shall be connected in accordance with 517.16.
Exception No. 2: Metal faceplates shall be connected to an effective ground-fault current path by means of a metal mounting screw(s) securing the faceplate to a metal yoke or strap of a receptacle or to a metal outlet box.
Exception No. 3: Luminaires more than 2.3 m (7 ½ ft) above the floor and switches located outside of the patient care vicinity shall be permitted to be connected to an equipment grounding return path complying with 517.13(A) or (B).
(Ord. 62-17, passed 7-18-2017; Ord. 68-20, passed 9-1-2020; Ord. 58-25, passed 10-7-2025)
§ 150.202 TITLE.
This chapter, hereinafter also referred to as this code, shall be known as the “Sioux Falls electrical code,” and may so be cited.
(1992 Code, § 15-2) (Ord. 65-93, passed 8-9-1993; Ord. 75-14, passed 10-14-2014)
§ 150.203 PURPOSE.
The purpose of this code is to provide minimum standards to safeguard life, limb, health, property and public welfare by regulating and controlling persons qualified to perform electrical work and the design, construction, installation, quality of materials, location, operation and maintenance of electrical systems, apparatus, wiring or equipment for electrical light, heat, power, fire alarms and associate controls, within the jurisdictional limits of the city.
(1992 Code, § 15-3) (Ord. 65-93, passed 8-9-1993; Ord. 75-14, passed 10-14-2014)
§ 150.204 SCOPE.
The provisions of this code shall apply to the installation, alteration, repair, relocation, replacement, addition to, use or maintenance of any electrical system, apparatus, wiring or equipment for electrical light, heat, power, fire alarms, data, security, and associate controls, within the jurisdictional limits of the city.
(1992 Code, § 15-4) (Ord. 65-93, passed 8-9-1993; Ord. 75-14, passed 10-14-2014; Ord. 58-25, passed 10-7-2025)
§ 150.205 NEW ELECTRICAL WORK.
All new electrical work shall be installed in conformance with this code and all relevant ordinances, laws, rules and regulations of this city and the state.
(1992 Code, § 15-5) (Ord. 65-93, passed 8-9-1993; Ord. 75-14, passed 10-14-2014)
§ 150.206 APPLICATION TO EXISTING ELECTRICAL SYSTEMS.
(a) Additions, alterations, or repairs.
(1) Additions, alterations, or repairs to any building, structure, or premises may be made to any electrical system or equipment without requiring the existing electrical system to comply with all the requirements of this code, provided the addition, alteration, or repair conforms to that required for a new electrical system or equipment. Additions, alterations, installations, or repairs shall not cause an existing system to become unsafe, create unhealthy or overloaded conditions, or shall not adversely affect the performance of the building as determined by the authority having jurisdiction. Electrical wiring added to an existing service, feeder, or branch circuit shall not result in an installation that violates the provisions of the code in effect at the time the additions are made.
(2) Provisions of the International Existing Building Code may apply to electrical modifications of buildings undergoing additions, alterations, repairs, and changes of occupancy.
(b) When increasing the total ampacity to the property existing single-family and multiple-family dwellings.
(1) When adding increased amperage to the property, the existing electrical system shall, at a minimum, comply with the following.
A. Kitchens. Each kitchen shall have a minimum of one 20-ampere circuit serving a countertop receptacle and a grounded receptacle serving a refrigerator.
B. Overcurrent device location. In multifamily dwellings, each occupant shall have access to his or her branch circuit overcurrent devices without going outdoors or through another occupancy.
C. Habitable areas. All habitable areas, other than closets, kitchens, basements, garages, hallways, laundry areas, utility areas, storage areas, and bathrooms, shall have minimum of two duplex receptacle outlets or one duplex receptacle outlet and one ceiling or wall-type lighting outlet.
D. Minimum lighting outlets. At least one lighting fixture shall be provided in every habitable room, bathroom, hallway, stairway, attached garage, and detached garage with electrical power, in utility rooms, and basements where the spaces are used for storage or contain equipment requiring service, and to illuminate outdoor entrances and exits. A switched receptacle is allowed in lieu of a lighting fixture in habitable rooms only.
E. Ground fault circuit interrupters. Ground fault circuit interrupter protection shall be provided for all receptacles in bathrooms, laundries, kitchens, attached and detached garages provided with power, at readily accessible receptacles within 6 feet of sinks, basements, and at outdoor locations. The exceptions of the National Electrical Code §§ 210.8(A)3 and 5 shall apply.
F. Laundries. Each laundry shall be provided with at least one individual branch 20-ampere circuit. Circuit is required to be AFCI/GFCI protected.
G. Heat sources. The primary heat source shall be provided with an individual branch circuit and disconnect.
H. Exposed wiring methods. All exposed wiring methods shall be installed in accordance with the applicable National Electrical Code articles of Chapter 3.
I. Bathrooms. Each bathroom shall have one receptacle outlet located within 3 feet of the basin. Any bathroom receptacle outlet shall have ground fault circuit interrupter protection.
J. Emergency disconnect. An emergency disconnect shall be provided as required in Section 230.85 of the National Electric Code for one- and two-family dwelling units and townhomes.
(2) Minor additions, alterations, and repairs to existing electrical systems or equipment may be installed in accordance with the law in effect at the time the original installation was made, when approved by the electrical inspector.
(c) Existing installations. Electrical systems or equipment lawfully in existence at the time of the adoption of this code may have their use, maintenance, or repair continued if the use, maintenance, or repair is in accordance with the original design and location and no hazard to life, health, or property has been created by the electrical system.
(d) Changes in building occupancy. Electrical systems or equipment that are a part of any building or structure undergoing a change in occupancy, use, or character of use as defined in the building code shall comply with all requirements of this code which may be applicable to the new occupancy, use, or character of use. Provisions of the International Existing Building Code may apply to buildings undergoing a change of occupancy.
(e) Maintenance. All electrical systems, equipment materials, and appurtenances, both existing and new, and all parts thereof shall be maintained in proper operating condition in accordance with the original design and in a safe and hazard-free condition. All devices or safeguards which are required by this code shall be maintained in conformance with the code edition under which installed. The owner or the owner’s designated agent shall be responsible for maintenance of electrical systems and equipment. To determine compliance with this division (e), the building official may cause an electrical system or equipment to be reinspected.
(f) Moved buildings. Single, modular, or multi-family residential units moved from one location to another must have at least a 100-ampere service at the new location and must meet the ground-fault circuit-interrupter protection and arc-fault circuit interrupter protection requirements of the National Electrical Code.
(1992 Code, § 15-6) (Ord. 65-93, passed 8-9-1993; Ord. 24-03, passed 3-3-2003; Ord. 122-05, passed 12-5-2005; Ord. 107-08, passed 8-18-2008; Ord. 82-11, passed 10-17-2011; Ord. 75-14, passed 10-14-2014; Ord. 62-17, passed 7-18-2017; Ord. 68-20, passed 9-1-2020; Ord. 58-25, passed 10-7-2025)
§ 150.207 POWERS AND DUTIES OF BUILDING OFFICIAL.
(a) General.
(1) The building official is hereby authorized and directed to enforce all the provisions of this code. For these purposes, the building official shall have the powers of a law enforcement officer.
(2) The building official shall have the power to adopt and enforce rules and regulations to the administrative provisions of this code. The rules and regulations shall be in conformity with the intent and purpose of this code.
(3) In accordance with the prescribed procedures and with the approval of the city council, the building official may appoint a number of licensed electrical inspectors and other employees as shall be authorized from time to time. The building official may deputize licensed electrical inspectors or employees as may be necessary to carry out the functions of the code enforcement agency. Licensed electrical inspectors shall have the power to render interpretations of the National Electrical Code. The interpretations shall be in conformity with the intent and purpose of this code and other pertinent state laws or rules.
(b) Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the building official has reasonable cause to believe that there exists in a structure or on a premises a condition that is contrary to or in violation of this code that makes the structure or premises unsafe, dangerous, or hazardous, the building official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry.
(c) Stop orders. Where the building official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or dangerous or unsafe, the building official is authorized to issue a stop work order.
(d) Authority to disconnect utilities in emergencies. The building official shall have the authority to disconnect electrical utility service, or energy supplies to a building, structure, premises, or equipment regulated by this code in case of emergency where necessary to eliminate an immediate hazard to life or property. The building official shall, whenever possible, notify the serving utility, the owner and occupant of the building, structure, or premises of the decision to disconnect prior to taking action, and shall notify the serving utility, owner and occupant of the building, structure, or premises in writing of the disconnection immediately thereafter.
(e) Authority to condemn electrical systems, apparatus, wiring, or equipment.
(1) When the electrical inspector ascertains that any electrical systems, apparatus, wiring, or equipment, or portion thereof, regulated by this code has become hazardous to life, health, or property, the electrical inspector shall order in writing that the equipment either be removed or restored to a safe condition, as appropriate. The written notice shall contain a fixed time limit for compliance with the order. Persons shall not use or maintain defective equipment after receiving a notice.
(2) When electrical systems, apparatus, wiring, or equipment or an installation is to be disconnected, written notice of the disconnection and causes therefor shall be given within 24 hours to the serving utility, the owner and occupant of the building, structure, or premises. When any equipment is maintained in violation of this code, and in violation of a notice issued pursuant to the provisions of this section, the building official shall institute an appropriate action to prevent, restrain, correct, or abate the violation.
(f) Connection after order to disconnect. Persons shall not make connections from a source of electrical energy to any building or portion thereof or equipment regulated by this code which has been disconnected or ordered to be disconnected by the electrical inspector or the use of which has been ordered to be discontinued by the electrical inspector until the electrical inspector authorizes the reconnection and use of the equipment.
(g) Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code, the code official shall have the authority to grant modifications for individual cases upon application of the owner or owner’s representative, provided that the code official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and does not lessen health, life, and fire safety requirements. The details of action granting modifications shall be recorded and entered in the files of the electrical inspection department.
(h) Alternative materials, design, and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any alternative has been approved. An alternative material, design, or method of construction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method, or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability, and safety.
(1992 Code, § 15-7) (Ord. 65-93, passed 8-9-1993; Ord. 82-11, passed 10-17-2011; Ord. 75-14, passed 10-14-2014; Ord. 68-20, passed 9-1- 2020)
§ 150.208 LIABILITY.
(a) The building official, member of the board of appeals, or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be civilly or criminally rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as the result of any act or by reason of an act or omission in the discharge of official duties.
(b) This code shall not be construed to relieve from or lessen the responsibility of any person owning, operating, or controlling any equipment regulated herein for any damages to persons or properties caused by defects, nor shall the code enforcement agency or its parent jurisdiction be held as assuming any liability by reason of the inspections authorized by this code or any permits or certificates issued under this code.
(c) Legal defense. Any suit or criminal complaint instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be afforded all the protection provided by the city’s insurance pool and any immunities and defenses provided by other applicable state and federal law and defended by legal representatives of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit, or proceeding that is instituted in pursuance of the provisions of this code.
(1992 Code, § 15-8) (Ord. 68-86, passed 7-7-1986; Ord. 65-93, passed 8-9-1993; Ord. 82-11, passed 10-17-2011; Ord. 75-14, passed 10-14-2014; Ord. 68-20, passed 9-1-2020)
§ 150.209 COOPERATION OF OTHER OFFICIALS AND OFFICERS.
The building official may request and shall receive the assistance and cooperation of other officials of this jurisdiction so far as is required in the discharge of the duties required by this code or other pertinent law or ordinance.
(1992 Code, § 15-9) (Ord. 68-86, passed 7-7-1986; Ord. 65-93, passed 8-9-1993; Ord. 75-14, passed 10-14-2014)
§ 150.210 UNSAFE ELECTRICAL SYSTEMS, APPARATUS, WIRING OR EQUIPMENT.
(a) General. Unsafe electrical systems, apparatus, wiring or equipment regulated by this code, which is unsafe or which constitutes a fire or health hazard or is otherwise dangerous to human life is, for the purpose of this section, unsafe. Use of unsafe electrical systems, apparatus, wiring or equipment regulated by this code constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, improper operating condition, improper location, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use. Unsafe equipment is hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition or removal.
(b) Uncompleted or uninspected installations. When electrical work has commenced and the owner, occupant or contractor has neglected or refused to make arrangements for the electrical inspector to make a final inspection of the installation at a mutually agreeable time, the installation may be presumed unsafe, and the building official shall have recourse to the remedies provided by law to secure entry and abate any violations.
(1992 Code, § 15-10) (Ord. 65-93, passed 8-9-1993; Ord. 75-14, passed 10-14-2014)
§ 150.211 ELECTRICAL BOARD OF APPEALS AND EXAMINERS.
There shall be and is hereby created an electrical board of appeals and examiners consisting of five members that are qualified by experience and training, and able to pass on matters pertaining to electrical systems. The building official or electrical inspector shall be an ex officio member and shall act as secretary of the board, but shall have no vote upon any matter before the board. The board shall be appointed by the mayor with the advice and consent of the city council, and shall hold office for a term of three years. The board shall have the power to examine applicants for licensing, and determine the suitability of alternate materials, methods of installation, and provide for reasonable interpretations of this code and licensing determinations of the chief building official. The board of appeals and examiners shall have no authority relative to interpretation of the administrative provisions of this code, nor shall the board be empowered to waive requirements of this code. The board shall adopt reasonable rules and regulations for conducting its business, and shall render all decisions and findings in writing to the appellant, with a duplicated copy to the building official.
(1992 Code, § 15-11) (Ord. 68-86, passed 7-7-1986; Ord. 65-93, passed 8-9-1993; Ord. 113-96, passed 10-7-1996; Ord. 105-08, passed 8-18-2008; Ord. 50-13, passed 8-20-2013; Ord. 75-14, passed 10-14-2014; Ord. 110-19, passed 11-12-2019)
Cross-reference:
City organizations, see ch. 32
§ 150.212 VIOLATIONS AND PROSECUTION THEREOF.
(a) It shall be unlawful for a person, firm or corporation to install, replace, enlarge, alter, repair, move, improve, remove, convert, connect or demolish, equip, use or maintain electrical systems or equipment, or cause to permit the same to be done in violation of this code.
(b) If the notice of violation is not complied with promptly, the building official is authorized to request the legal counsel of the jurisdiction to deem the violation as a strict liability offense and institute the appropriate proceeding at law or in equity to restrain, correct or abate the violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto.
(1992 Code, § 15-12) (Ord. 65-93, passed 8-9-1993; Ord. 82-11, passed 10-17-2011; Ord. 75-14, passed 10-14-2014) Penalty, see § 10.999
§ 150.213 PERMITS REQUIRED.
(a) (1) Except as otherwise permitted herein, it shall be unlawful for any person to install, alter, repair, replace, or connect any electrical system or equipment regulated by this chapter or cause the work to be done without first obtaining a separate electrical permit for each building or structure.
(2) Exception: Factory representatives may repair or maintain fire alarm systems which they have been trained and certified to work on.
(3) Whenever any work for which a permit is required by this code has been commenced without first obtaining the permit, or when an inspection as required in § 150.219 is failed to be requested, a special investigation shall be made before a permit may be issued for the work. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by § 150.218 but not more than $100. The payment of the investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.
(b) An electrical permit shall be required for the following:
(1) Installation of five or more outlets, switches, receptacles, fixtures, or two new electrical circuits 30 amps or less, or one new electrical circuit greater than 30 amps;
(2) Connection of a sign to a new or existing circuit;
(3) Installation of receptacle for, or connection to, any appliance or equipment totaling more than 5 kilowatts;
(4) Installation of service entrance or addition to service entrance equipment. Any change in service conductors or service entrance equipment shall require a permit;
(5) Connection to a fixed motor or equipment with total rating of 2 horsepower or more;
(6) Connection to a capacitor bank;
(7) Connection to a transformer rated more than 5 kilovolt-amps;
(8) Installation of all Class I fire alarm systems;
(9) Connection to a spa, hot tub, hydromassage bathtubs, swimming, wading, therapeutic or decorative pools, or any equipment listed in Article 680 of the National Electrical Code;
(10) Installation of a circuit or connection of any equipment to a hazardous location defined by Article 500 of the National Electrical Code; and
(11) Connections to branch circuits for commercial air conditioners and furnaces.
(1992 Code, § 15-13) (Ord. 68-86, passed 7-7-1986; Ord. 116-90, passed 12-3-1990; Ord. 65-93, passed 8-9-1993; Ord. 117-96, passed 10-7-1996; Ord. 24-03, passed 3-3-2003; Ord. 75-14, passed 10-14-2014; Ord. 68-20, passed 9-1-2020) Penalty, see §
10.999
Editor’s notes:
A request for inspection is required for connections to an air conditioner and a branch circuit for a furnace. A permit is required only upon making corrections found during the initial mechanical inspection for connections to an air conditioner and branch circuits for a furnace.
§ 150.214 PERMIT APPLICATION.
(a) For the purpose of clarification, an inspection is synonymous whenever the word permit occurs.
(b) To obtain a permit, the licensed contractor shall first request an inspection as required in § 150.219, inspection requests, or in the case of a homeowner shall file an application therefor in writing on a form furnished by the building official for that purpose. Every application shall:
(1) Identify and describe the work to be covered by the permit for which the application is made;
(2) Describe the land in which the proposed work is done by legal description, street address, or similar description that will readily identify and definitely locate the proposed building or work;
(3) Indicate the use or occupancy for which the proposed work is intended;
(4) Be accompanied by plans, diagrams, computations, and specifications;
(5) Be signed by the applicant or the authorized agent of the applicant for the issuance of a homeowner's permit; and
(6) Give other data and information as may be required by the building official.
(1992 Code, § 15-14) (Ord. 65-93, passed 8-9-1993; Ord. 75-14, passed 10-14-2014)
§ 150.215 PLAN REVIEW FEES.
(a) When the building official determines that the wiring is of a technical nature that plans and data are required to demonstrate that the work will be in conformance with applicable regulations, a plan review fee may be charged at the time of submitting plans and specifications for review. The plan review fee shall be on an hourly rate as set forth in § 150.218.
(b) The plan review fees specified in this section are separate fees from the permit fees specified in § 150.218 and are in addition to permit fees.
(c) When plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged.
(1992 Code, § 15-15) (Ord. 65-93, passed 8-9-1993; Ord. 75-14, passed 10-14-2014)
§ 150.216 HOMEOWNER PERMIT EXPIRATION.
(a) After the work has commenced, the owner shall make arrangements for the electrical inspector to inspect the installation. Failure to arrange for an inspection shall cause the permit to expire by limitation and become null and void and the work shall be presumed unsafe pursuant to § 150.210.
(b) All homeowner permits shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the permit is commenced for a period of 180 days, and all work which has not received a final inspection shall be presumed unsafe pursuant to § 150.210.
(c) The building official is authorized to establish a refund policy for homeowner electrical permits.
(1992 Code, § 15-16) (Ord. 65-93, passed 8-9-1993; Ord. 117-96, passed 10-7-1996; Ord. 117-01, passed 12-10-2001; Ord. 24-03, passed 3-3-2003; Ord. 75-14, passed 10-14-2014; Ord. 130-15, passed 12-15-2015)
§ 150.217 PERMIT SUSPENSION OR REVOCATION.
The building official may, in writing, suspend or revoke a permit issued under the provisions of this code whenever the permit is issued in error or on the basis of incorrect information supplied or in violation of other ordinance or regulation.
(1992 Code, § 15-17) (Ord. 68-86, passed 7-7-1986; Ord. 65-93, passed 8-9-1993; Ord. 75-14, passed 10-14-2014)
§ 150.218 FEES.
(a) Through December 31, 2021, the following fees shall be charged for electrical permits and inspections except for existing circuits reconnected to new service:
(1) Inspection fees for new residential installations.
A. The cost for inspections of all new single-family and new two-family residential electrical services, including associated wiring, apparatus, and equipment, is based on the service ampere capacity as follows:
0 through 200 amperes | $100 |
201 through 400 amperes | $200 |
401 amperes and over | $250 |
Plus circuits as provided in division (a)(3), inspection fees for circuit installation or alterations | |
B. The fees in this division (a) include one service inspection, one rough-in inspection, and one final inspection. Additional inspections will be charged the minimum inspection fee. Three inspections will be made for the applicable fee in this division (a).
(2) Inspection fees for service connections on other installations.
A. The cost of inspections for service connections on other installations, such as replacement service installations for existing homes, all commercial installations, and all service installations not covered in this chapter, is based on service equipment ampere capacity as follows:
0 through 200 amperes | $45 |
201 through 400 amperes | $60 |
401 through 800 amperes | $85 |
801 through 1,600 amperes | $140 |
1,601 amperes and over | $250 |
B. These fees are in addition to the fees required by division (a)(3) below. When remodeling single-family and two-family residences, these fees shall not exceed the flat rate fee for comparable new single-family residential electrical service.
(3) Inspection fees for circuit installation or alterations.
A. Inspection fees for circuit installations or alterations, including all commercial installations, new work in existing homes, and all other installations not covered by this chapter, shall be charged for each single circuit in a cabinet or panel, not counting spares and spaces, as follows:
0 through 30 amperes | $6 |
31 through 60 amperes | $12 |
61 through 100 amperes | $15 |
Each additional 100 amperes or fraction thereof | $10 |
B. Circuits in new homes are included in fees under division (a)(1) above.
(4) Inspection fees for remodeling work. Inspection fees for remodeling work, including remodeling work in existing homes, where the service and branch circuits are not changed, are based upon the following schedule:
First 40 openings or connections | $1 |
Each additional opening or connection | $0.50 |
First 40 lighting fixtures | $1 |
Each additional lighting fixture | $0.50 |
Each motor or special equipment | $6 |
(5) Inspection fees for apartment buildings.
A. Inspection fees for the wiring of each apartment, including the feeder, in apartment buildings with three or more units are $35 per unit.
B. When each apartment is served individually, the service is included in the flat rate fee. All other service entrances are subject to division (a)(2) above and all other circuits and feeders are subject to division (a)(3) above.
(6) Inspection fees for outdoor signs or area lighting. The inspection fee for outdoor signs or area lighting is calculated as follows:
Outdoor signs | $45 for each outdoor sign, feeder or branch circuits; or pursuant to division (a)(2), (a)(3) above or (a)(12) below, whichever is greater |
Area lighting | $25 for each lighting standard (pole or tower); or pursuant to division (a)(2) or (a)(3) above, whichever is less |
(7) Inspection fees for mobile home service and feeders.
A. The inspection fee for mobile home service for each lot or location, whether on or off a mobile home court, is as follows:
First unit, service only | $50 |
Each additional unit, service only | $25 |
B. One electrical permit may apply to an entire court under one contract. If a feeder is installed, it is not part of the service and the inspection fee is computed from division (a)(3) above.
(8) Inspection fees for recreational vehicle service.
A. The inspection fee for recreational vehicle service is based on each recreational park site pedestal as follows:
First pedestal | $40 |
Remaining pedestals, each | $25 |
B. The service to the recreational vehicle park itself is not considered part of the pedestals covered by this section, and the fee is computed under division (a)(2) above.
(9) Inspection fees for swimming pools. Inspection fees for swimming pools are as follows:
Residential pools | $125 |
All other pools | Pursuant to division (a)(14) |
(10) Homeowner’s permit fee.
Homeowner’s permit fee | $25 |
State wiring permit | $5 |
(11) Minimum inspection fee.
Minimum inspection fee for any permit requiring inspection except for energy load saver switch equipment | $20 |
(12) Energy saver switch equipment.
One- and two-family dwellings, per saver switch | $10 |
Multiple-family dwellings | |
First saver switch | $15 |
Per saver switch for remaining saver switches | $6 |
(13) Transient and migratory events. Inspection of transient or migratory events, including, but not limited to, carnivals and circuses shall be as follows:
General inspection fee | $95 |
State wiring permit | $5 |
(14) Other inspections and fees. Other inspections and fees shall be as follows:
Inspections outside of normal business hours (minimum charge, one hour), per hour | $70* |
Reinspection fees assessed under provisions of § 150.219 (minimum charge, one hour), per hour | $70* |
Inspections for which no fee is specifically indicated (minimum charge, one hour), per hour | $70* |
Additional plan review required by changes, additions, revisions to approved plans (minimum charge, one hour), per hour | $70* |
Fee for late corrections | If corrections listed on an inspection report are not completed within the specified time, the inspector shall issue a correction order and assess a $100 administrative fee. The inspector shall also assess a reinspection fee. |
Fee for failure to request a required inspection | Where electrical work is completed without a request for an inspection, an administrative fee of $250 may be charged. |
Appeals | Before any action is taken by the board, the party or parties requesting the hearing shall deposit with the secretary of the board or his or her authorized agent, the sum of $65 to cover the approximate cost of the procedure. Under no condition shall the sum or any portion thereof be refunded for failure of the request to be approved. |
Examination fee; all classes, per examination | $75 |
Mileage fee | Current rate as established by the finance department shall be charged for any inspection occurring outside the city limits. |
Delinquent accounts | The building official may refuse to issue permits or conduct inspections for any delinquent account. |
Bond claims; an administrative fee shall be charged to cover the administrative cost of filing a claim | $150 |
*Or the total hourly cost to the city, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved. | |
(b) Commencing January 1, 2022, the following fees shall be charged for permits and inspections:
Electrical Permit Fees*
| |||
Total Project Valuation | % of Project | Electrical Valuation | Fee |
Electrical Permit Fees*
| |||
Total Project Valuation | % of Project | Electrical Valuation | Fee |
$0.01 to $50,000.00 | 10% | $0.01 to $5,000.00 | $40 |
$50,000.01 to $250,000.00 | 10% | $5,000.01 to 25,000.00 | $40 for the first $5,000, plus $6 for each additional $1,000 or fraction thereof, to and including $25,000 |
$250,000.01 to $500,000.00 | 10% | $25,000.01 to $50,000.00 | $160 for the first $25,000, plus $5.25 for each additional $1,000 or fraction thereof, to and including $50,000 |
$500,000.01 to $1,000,000.00 | 10% | $50,000.01 to $100,000.00 | $291.25 for the first $50,000, plus $4.50 for each additional $1,000 or fraction thereof, to and including $100,000 |
$1,000,000.01 to $2,500,000.00 | 10% | $100,000.01 to $250,000.00 | $516.25 for the first $100,000 plus $4.25 for each additional $1,000 or fraction thereof, to and including $250,000 |
$2,500,000.01 to $5,000,000.00 | 10% | $250,000.01 to $500,000.00 | $1,153.75 for the first $250,000, plus $4 for each additional $1,000 or fraction thereof, to and including $500,000 |
$5,000,000.01 to $10,000,000.00 | 10% | $500,000.01 to $1,000,000.00 | $2,153.75 for the first $500,000, plus $3.50 for each additional $1,000 or fraction thereof, to and including $1,000,0 00 |
$10,000,000.01 and up | 10% | $1,000,000.01 and up | $3,903.75 for the first $1,000,000, plus $3 for each additiona l $1,000 or fraction thereof. |
Other Inspections and Fees
|
Other Inspections and Fees
| |
1. State wiring permit. | $5 |
2. Homeowner's permit. | $25 |
3. Inspection of transient or migratory events, including, but not limited to, carnivals and circuses. | $95 |
4. Inspections outside of normal business hours (minimum charge, one hour), per hour. | $200** |
5. Reinspection fees assessed under provisions of § 150.219 (minimum charge, one hour), per hour. | $200** |
6. When a plan or other data is required to be submitted by SDCL 36-18A or when the building official requires submittal of plans, computations, or specifications in accordance with Section 150.215, a plan review fee shall be charged. The plan review fee shall be 25% of the electrical portion of the building permit fee as shown on Table No. 1-B, Commercial Building Permit Fees, of § 150.017 of the Code of Ordinances of Sioux Falls, South Dakota. | |
7. Additional plan review required by changes, additions, revisions to approved plans (minimum charge, one hour), per hour. | $100** |
8. Fee for late corrections. If corrections listed on an inspection report are not completed within the specified time, the inspector shall issue a correction order and assess a $100 administrative fee. The inspector shall also assess a reinspection fee. | $100 |
9. Fee for failure to request a required inspection. Where electrical work is completed without a request for an inspection, an administrative fee of $250 may be charged. | $250 |
10. Board of appeals fees. Before any action is taken by the board, the party or parties requesting the hearing shall deposit with the secretary of the board or his or her authorized agent, the sum of $100 to cover the approximate cost of the procedure. Under no condition shall the sum or any portion thereof be refunded for failure of the request to be approved. | $100 |
11. Examination fee; all classes, per examination. | $75 |
12. Mileage fee at the current rate as established by the finance department shall be charged for any inspection occurring outside the city limits. | |
13. Bond claims; an administrative fee shall be charged to cover the administrative cost of filing a claim. | $250 |
*The Total Project Valuation of the project will be used when a building permit is issued. | |
*Or the total hourly cost to the city, whichever is greater. This cost shall include supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved. | |
The building official may refuse to issue permits or conduct inspections for any delinquent account.
(1992 Code, § 15-18) (Ord. 68-86, passed 7-7-1986; Ord. 10-89, passed 1-23-1989; Ord. 67-90, passed 7-23-1990; Ord. 65-93, passed 8-9-1993; Ord. 15-94, passed 2-22-1994; Ord. 104-94, passed 11-21-1994; Ord. 117-01, passed 12-10-2001; Ord. 24-03, passed 3-3-2003; Ord. 27-05, passed 3-21-2005; Ord. 122-05, passed 12-5-2005; Ord. 105-08, passed 8-18-2008; Ord. 82-11, passed 10-17-2011; Ord. 75-14, passed 10-14-2014; Ord. 68-20, passed 9-1-2020; Ord. 76- 21, passed 7-6-2021; Ord. 92-22, passed 8-9-2022)
§ 150.219 INSPECTIONS.
(a) General. Electrical systems, apparatus, wiring equipment, and signs for which a permit is required by this code shall be subject to inspection by the electrical inspector and the electrical systems, apparatus, wiring equipment, and signs shall remain accessible and exposed for inspection purposes until approved by the electrical inspector. It shall be the duty of the licensed contractor defined herein or designated electrician to cause the electrical system to remain accessible and exposed for inspection purposes. Neither the electrical inspector nor the city shall be liable for expense entailed in the removal or replacement of any material required to permit inspection. The following required inspections shall be made:
(1) Service. When the service entrance equipment has been permanently and securely attached to the finished building structure.
(2) Rough-in. After all electrical raceways, underground conduit, or wiring have been installed, and before any interior walls, floors, ceilings, or trenches are covered with insulation, sheetrock, lath, paneling, earth, concrete, asphalt, or other materials, the Class B electrician, the fire alarm contractor, the electrical contractor, or his or her authorized representative shall notify the electrical inspector for a rough-in inspection of the wiring to determine whether all requirements relative to rough-in wiring have been installed to comply with this chapter.
(3) Final. After all raceways or wiring have been installed and all interior walls are covered with insulation, sheetrock, lath, paneling, or other approved materials, the fire alarm contractor, the Class B electrician, the electrical contractor, or his or her authorized representative shall notify the electrical inspector for a final inspection of the wiring to determine whether all requirements relative to a final wiring have been installed to comply with the code for permanent power connection. Electrical systems regulated by this code shall not be connected to the source of electrical energy until approved by the electrical inspector.
(4) Grid work and related apparatus of a swimming pool. All grid work and related apparatus of a swimming pool must be inspected prior to pouring the cement or other covering of the pool.
(b) Inspection requests.
(1) It shall be the duty of the licensed contractor as defined herein or designated electrician doing the work authorized by a permit to notify the electrical inspector that the work is ready for inspection. The building official may require that every request for inspection be filed at least one working day before the inspection is desired. The request may be in writing, electronically, or by telephone at the option of the building official.
(2) It shall be the duty of the person requesting inspections required by this code to provide access to and means for inspection of the work.
(c) Other inspections. In addition to the called inspections required by this code, the building official may make or require other inspections of electrical work to ascertain compliance with the provisions of this code.
(d) Reinspections.
(1) A reinspection fee may be assessed for each inspection or reinspection when the portion of work for which inspection is requested is not complete or when required corrections have not been made.
(2) This provision is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for inspection or reinspection.
(3) Reinspection fees may be assessed when the approved plans are not readily available to the inspector for failure to provide access on the date for which inspection is requested.
(1992 Code, § 15-19) (Ord. 68-86, passed 7-7-1986; Ord. 116-90, passed 12-3-1990; Ord. 65-93, passed 8-9-1993; Ord. 79-02, passed 10-15-2002; Ord. 122-05, passed 12-5-2005; Ord. 75-14, passed 10-14-2014; Ord. 68-20, passed 9-1-2020)
§ 150.220 CONNECTION APPROVAL.
No person shall make a connection from a source of electrical energy to any electrical service entrance or equipment until the connection has been inspected and approved by the electrical inspector.
(1992 Code, § 15-20) (Ord. 65-93, passed 8-9-1993; Ord. 75-14, passed 10-14-2014)
§ 150.221 TEMPORARY CONNECTIONS.
The electrical inspector may authorize temporary connection of electrical systems or equipment to the source of energy for the purpose of testing the equipment or for use under a temporary certificate of occupancy.
(1992 Code, § 15-21) (Ord. 65-93, passed 8-9-1993; Ord. 75-14, passed 10-14-2014)
§ 150.222 DEFINITIONS.
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPRENTICE ELECTRICIAN. A person who is learning the electrical trade under the supervision of an electrical contractor, Class B contractor, or journeyman electrician and is licensed with the city and registered with the state electrical commission.
BUILDING OFFICIAL. The person charged with the administration and enforcement of this code or the building official’s duly designated representative.
CLASS B CONTRACTOR. A person who has the necessary qualifications, training, experience, and technical knowledge to plan, layout, and supervise the proper installation and repair of electrical wiring, fire alarm systems, apparatus, and equipment for electric light, heat, and power in residential and farm occupancies, and who undertakes or offers to undertake, to plan, layout, supervise, or install, or make additions, alterations, and repairs to the work and who is licensed by the city and the state electrical commission.
CLASS I MAINTENANCE LICENSE. A public or private entity which obtains a CLASS I MAINTENANCE LICENSE from the city to perform electrical work on land and facilities owned or leased by the entity and who employs a full-time contractor who shall be responsible for the personal supervision of all electrical work.
CLASS II MAINTENANCE LICENSE. A public or private entity which obtains a CLASS II MAINTENANCE LICENSE from the city to perform maintenance electrical work on land and facilities owned or leased by the entity and who employs a full-time journeyman electrician who shall be responsible for the personal supervision of all maintenance electrical work.
ELECTRICAL CONTRACTOR. A person who has the necessary qualifications, training, experience, and technical knowledge to plan, layout, and supervise the proper installation and repair of electrical wiring, fire alarm systems, apparatus, and equipment for electric light, heat, and power, and who undertakes or offers to undertake, to plan, layout, supervise, or install or make additions, alterations, and repairs to the work and who is licensed by the city and the state electrical commission.
ELECTRICAL WORK. All installation, alteration, repair, replacement, or maintenance of electrical wiring, apparatus, or equipment for electric light, heat, or power, fire alarms, and associate controls.
EMPLOYEE. A person whose compensation for electrical work is reported by the employer on an Internal Revenue Service W-2 form, and is also otherwise considered an employee under applicable law.
INACTIVE CLASS B CONTRACTOR. A person who holds an active or inactive Class B electrician’s license issued by the state electrical commission. No person holding an inactive Class B contractor’s license may perform work requiring a Class B contractor’s license. This person may activate a Class B contractor’s license by paying the appropriate fee and providing proof that he or she holds an active Class B electrician’s license from the state electrical commission.
INACTIVE ELECTRICAL CONTRACTOR. A person who holds an active or inactive electrical contractor’s license issued by the state electrical commission. No person holding an INACTIVE ELECTRICAL CONTRACTOR’S LICENSE may
perform work requiring an electrical contractor’s license. This person may activate an electrical contractor’s license by paying the appropriate fee and providing proof that he or she holds an active electrical contractor’s license from the state electrical commission.
JOURNEYMAN ELECTRICIAN. A person who has the necessary qualifications, training, experience, and technical knowledge to do electrical installations in accordance with the standard rules and regulations governing the installations and who is licensed by the city and the state electrical commission.
MAINTENANCE ELECTRICAL WORK. Is limited to electrical maintenance work, which is repair or replacement of existing wiring devices and electrical utilization equipment using material with the same capacity and characteristics as the material replaced. MAINTENANCE ELECTRICAL WORK does not include addition to or alteration of feeders, services, fixtures, or motors which affects the loading of the feeder, circuit, or system, and repair, replacement, or extension of existing circuits; changing motor sizes, adding fixtures, or a complete change-out of lighting, motors, receptacles, or electrical equipment, repair or replacement of any electrical equipment, or components associated with Hazardous Locations Article 500-516, Health Care Facilities Article 517, Exit and Emergency Systems Article 700, Legally Required Standby Systems Article 701 and Fire Alarm Systems Article 760 of the National Electrical Code, and any other act which changes electrical characteristics of the existing system.
OWNER. A natural person who physically performs electrical work on the premises the person owns and actually occupies as a resident or owns and will occupy as a residence upon completion of the construction.
PERSONAL SUPERVISION. An electrical contractor, Class B contractor, sign wiring contractor, fire alarm contractor, and journeyman electrician oversees and directs the work for which they are licensed and that:
(1) He or she is immediately available to his or her electricians or installers; and
(2) He or she is able to, and does determine that all work performed is in compliance with this chapter.
POINT OF SERVICE ATTACHMENT. The point where the power supplier’s conductors connect to the consumer’s conductors. The point of attachment may not be located beyond the load side terminals of the meter or current transformer for service installations of 600 volts or less or at the distribution transformer secondary terminals for service installations with over 600 volts metering.
RESIDENTIAL OCCUPANCY. A lot containing one dwelling unit and accessory buildings.
SIGN WIRING CONTRACTOR. Any person licensed by the city having the necessary qualifications to execute the work of manufacturing, maintaining, repairing, and installing sockets and luminous gaseous tubes energized by transformers or ballasts, in and on signs and outline lighting on buildings, or as decorative lighting inside buildings, but not including connections to the source of a primary electrical power supply.
(1992 Code, § 15-22) (Ord. 68-86, passed 7-7-1986; Ord. 112-88, passed 11-28-1988; Ord. 116-90, passed 12-3-1990; Ord. 65-93, passed 8-9-1993; Ord. 73-00, passed 8-14-2000; Ord. 79-02, passed 10-15-2002; Ord. 107-08, passed 8-18-2008; Ord. 75-14, passed 10-14-2014; Ord. 68-20, passed 9-1-2020)
Statutory reference:
Similar provisions, see SDCL 36-16-2
§ 150.223 LICENSE REQUIRED.
(a) Electrical contractor. Except as otherwise provided herein, no person other than an employee, partner, or officer of a licensed electrical contractor as defined in § 150.222 shall undertake or offer to undertake electrical work with or without compensation unless the person obtains an electrical contractor's license from the city.
(b) Class B contractor. Except as otherwise provided herein, no person other than an employee, partner, or officer of a licensed Class B contractor as defined in § 150.222 shall undertake or offer to undertake Class B work with or without compensation unless the person obtains a Class B contractor's license from the city.
(c) Sign wiring contractor. Except as otherwise provided herein, no person other than an employee, partner, or officer of a licensed sign wiring contractor as defined in § 150.222 shall undertake or offer to undertake sign wiring work with or without compensation unless the person obtains a sign wiring contractor's license from the city.
(d) Journeyman electrician. Except as otherwise provided herein, no person shall perform electrical work unless the person is:
(1) Licensed by the city and the sate electrical commission as a journeyman electrician;
(2) The electrical work is for a licensed electrical contractor or Class B contractor and the person is an employee, partner, or officer of the licensed electrical contractor and the work is performed under the personal supervision of the electrical contractor or Class B contractor; and
(3) The electrical work is for the holder of a Class I or Class II maintenance license and the person is a full-time employee, partner, or officer of the license holder.
(e) Apprentice electrician. Except as otherwise provided herein, no person shall perform electrical work unless the person is:
(1) Licensed by the city and the state electrical commission as an apprentice electrician; and
(2) The electrical work is for a licensed electrical contractor or Class B contractor and the person is an employee, partner, or officer of a licensed electrical contractor or Class B contractor and the work is performed in the presence of the electrical contractor and/or journeyman electrician or Class B contractor also employed by the person’s employer.
(f) Class I maintenance license. Except as otherwise provided herein, no employee shall perform electrical work on an employer’s premises unless:
(1) The employer holds a Class I maintenance license issued by the city;
(2) The employee is licensed by the city and the state electrical commission as an electrician; and
(3) The employer employs full-time an electrical contractor to provide personal supervision.
(g) Exceptions.
(1) Employees of utilities engaged in the manufacture and distribution of electrical energy, when engaged in work directly pertaining to the manufacture and distribution of electrical energy. This exemption shall terminate at the first point of service attachment, except for the installing or testing of electric meters and measuring devices and the maintenance of their service;
(2) Employees of telephone, telegraph, radio, and television communication services and pipelines or persons or companies when engaged in work pertaining directly to the services, provided the work is designed, serviced, or installed by a person qualified in the work being done;
(3) Electrical work and equipment in mines, ships, railways, rolling stock or automotive equipment, and in packing plants supervised and regulated by the department of agriculture;
(4) Replacement of lamps and connection of portable electrical devices to suitable receptacles which have been permanently installed;
(5) Radio and appliance service repair departments;
(6) Maintenance on oil burners and space heaters where installation of same has been effected by a Class B or journeyman electrician in accordance with this chapter;
(7) Architects, designers, and engineers engaged in the planning and laying out of electrical work; and
(8) Employees of electrical utilities engaged in the installation and maintenance of utility street lighting, traffic signal devices, or electric utility- owned security lights.
(h) Class II maintenance license. Except as otherwise provided herein, no employee shall perform maintenance electrical work on an employer's premises unless:
(1) The employer holds a Class II maintenance license;
(2) The employer employs a full-time journeyman electrician to provide personal supervision; and
(3) The employee is licensed by the city and the state electrical commission as an electrician.
(1992 Code, § 15-23) (Ord. 68-86, passed 7-7-1986; Ord. 104-86, passed 12-8-1986; Ord. 11-90, passed 2-20-1990; Ord. 87-90, passed 9-19-1990; Ord. 116-90, passed 12-3-1990; Ord. 7-91, passed 1-14-1991; Ord. 65-93, passed 8-9-1993; Ord. 117-96, passed 10-7-1996; Ord. 73-00, passed 8-14-2000; Ord. 107-08, passed 8-18-2008; Ord. 75-14, passed 10-14-2014; Ord. 68-20, passed 9-1-2020)
Cross-reference:
Licenses, see ch. 110
§ 150.224 APPRENTICE RATIO.
There shall be a ratio of not more than three apprentices to each electrical contractor, journeyman electrician or class B contractor on any job site.
(1992 Code, § 15-24) (Ord. 65-93, passed 8-9-1993; Ord. 75-14, passed 10-14-2014)
§ 150.225 LICENSE USE RESTRICTED.
No licensed contractor shall allow his or her name or license to be used by any other person directly or indirectly, either to obtain a permit for the installation or construction of any electrical system, equipment or sign, or to install any system, equipment or sign.
(1992 Code, § 15-25) (Ord. 68-86, passed 7-7-1986; Ord. 116-90, passed 12-3-1990; Ord. 65-93, passed 8-9-1993; Ord. 75-14, passed 10-14-2014)
§ 150.226 BOND REQUIRED.
(a) As a condition of his or her license, each sign wiring contractor shall give and maintain a surety bond in the penal sum of $10,000 in a form approved by the city.
(b) The bond shall be conditioned upon the faithful and lawful performance of all work entered upon by the contractor within the city and for compliance with all the provisions of this chapter. The bond shall be in lieu of all other license bonds to any political subdivision or government agency. The bond shall be written by a corporate surety licensed to do business in the state.
(1992 Code, § 15-26) (Ord. 68-86, passed 7-7-1986; Ord. 116-90, passed 12-3-1990; Ord. 65-93, passed 8-9-1993; Ord. 75-14, passed 10-14-2014; Ord. 68-20, passed 9-1-2020)
§ 150.227 VEHICLE IDENTIFICATION.
Any vehicle used by a contractor while performing electrical work for which a license is required shall have the contractor’s business name and city and state license numbers as they appear on the license in contrasting color with characters one and one-half inches high by one and one-half inches wide affixed to each side of the vehicle.
(1992 Code, § 15-27) (Ord. 68-86, passed 7-7-1986; Ord. 67-87, passed 8-3-1987; Ord. 116-90, passed 12-3-1990; Ord. 65-93, passed 8-9-1993; Ord. 75-14, passed 10-14-2014)
Cross-reference:
§ 150.228 LICENSE APPLICATION.
Any person desiring to engage in the business of electrical contracting, sign wiring contractor, journeyman electrician, or apprentice electrician shall first make an application for a license therefor to the building official on forms furnished.
(1992 Code, § 15-28) (Ord. 65-93, passed 8-9-1993; Ord. 75-14, passed 10-14-2014; Ord. 68-20, passed 9-1-2020)
§ 150.229 LICENSE TERM AND RENEWAL.
(a) All city licenses issued under the provisions of this chapter shall expire biennially in even years, 60 days after the renewal date established by the State Electrical Commission. All city renewal fees shall be paid prior to the expiration of the license.
(b) Any person who shall fail to renew a license within 60 days after it has lapsed shall pay in addition to the license fee a reinstatement fee equal to 50% of the renewal fee.
(c) Licenses not renewed within one year of the date of expiration shall not be renewed until the applicant has submitted and passed the examination and paid all fees required for a new license.
(1992 Code, § 15-29) (Ord. 68-86, passed 7-7-1986; Ord. 65-93, passed 8-9-1993; Ord. 15-94, passed 2-22-1994; Ord. 104-94, passed 11-21-1994; Ord. 107-08, passed 8-18-2008; Ord. 75-14, passed 10-14-2014)
§ 150.230 EXAMINATIONS.
(a) Before an electrical contractor, Class B contractor, or sign wiring contractor license shall be issued, the applicant shall be required to submit to and pass an examination as to his or her qualifications and fitness to install electrical wiring. The applicant shall have a current South Dakota electrical license of the same type before making application for city electrical examination. The examination shall be given under the direction of the electrical inspection manager. Any applicant who fails to pass the examination shall not be eligible to take another examination until at least 30 days shall have elapsed from the date of the last examination.
(b) Applications for examination shall be made at least one week prior to the examination date which shall be as determined by the building official. The examination must be completed within 90 days of the application submittal date. Failure to complete the examination within 90 days shall result in the forfeiture of the examination application fee and the application will be deemed null and void. After passing the examination, applicants shall secure the license within 90 days from the exam date.
(c) Applicants shall pay the examination fee for each exam given.
(1992 Code, § 15-30) (Ord. 68-86, passed 7-7-1986; Ord. 112-88, passed 11-28-1988; Ord. 116-90, passed 12-3-1990; Ord. 65-93, passed 8-9-1993; Ord. 105-08, passed 8-18-2008; Ord. 75-14, passed 10-14-2014; Ord. 130-15, passed 12-15-2015; Ord. 62-17, passed 7-18-2017; Ord. 68-20, passed 9-1-2020)
§ 150.232 BOND REQUIRED.
(a) Commencing January 1, 2012, as a condition of his or her license, each licensed electrical, class B, sign wiring and fire alarm contractor shall maintain and deliver to the chief building services official a continuous bond in the penal sum of $10,000 in a form approved by the city with the contractor as principal on the bond and the city as obligee for its benefit and that of consumers dealing with the contractor.
(b) The bond shall be conditioned upon the faithful and lawful completion of all work entered into by the contractor within the city and for compliance with all the provisions of this chapter. The bond shall be in addition to all other license bonds to any political subdivision or government agency. The bond shall be written by a corporate surety authorized to transact business in the state.
(c) Claims upon the bond shall be filed by the city by reason of the principal’s failure to perform his or her obligation under the bond. The aggregate liability of the surety, regardless of the number of claims made against the bond or the number of years the bond remains in force, shall not exceed $10,000. Any revision of the bond amount shall not be cumulative.
(d) Suspension or revocation of the license of the principal shall not by itself affect the liability of either the principal or the surety on the bond, except that the liability of the surety shall not extend to acts or omissions of the principal occurring after the effective date of his or her license suspension or revocation.
(1992 Code, § 15-32) (Ord. 82-11, passed 10-17-2011; Ord. 75-14, passed 10-14-2014)
§ 150.233 INSTALLATION BY OWNER.
(a) A permit for wiring a person’s residence may only be issued under the following conditions:
(1) The applicant has not applied for a permit under the owner’s exemption in the last three years unless it is for the same address;
(2) The applicant occupies or intends to occupy the residence as his or her personal dwelling unit;
(3) The applicant does not rent or lease any part of the residence; and
(4) The applicant or applicant’s spouse are the only person performing the wiring.
(b) All equipment installed by the owners shall be for themselves without compensation or pay from or to any other person for the labor or installation. The installations by owners shall comply with the requirements of this code. The owner shall be required to file plans, apply for and secure a permit, pay fees, and call for all inspections in a manner provided in this code.
(1992 Code, § 15-34) (Ord. 68-86, passed 7-7-1986; Ord. 65-93, passed 8-9-1993; Ord. 75-14, passed 10-14-2014; Ord. 130-15, passed 12-15-2015; Ord. 68-20, passed 9-1-2020)
§ 150.234 TERMINATION OR DEATH OF ELECTRICAL CONTRACTOR.
An electrical contractor’s license shall terminate upon termination or death of said contractor. It shall be the duty of the electrical contractor to immediately notify the chief building official in writing upon the termination of the electrical contractor. Upon termination or death of the electrical contractor, the electrical contractor may request in writing from the chief building official a continuance of the license for the purpose of completing existing permitted projects only for a period not to exceed 90 days.
(Ord. 68-20, passed 9-1-2020)
§ 150.235 SUSPENSION OR REVOCATION OF LICENSE.
The chief building official may suspend, revoke, or refuse to renew a license if he or she finds:
(a) In his or her discretion that the order is in the public interest; and
(b) Based upon substantial evidence presented, the applicant or licensee:
(1) Has violated any applicable provision of this code, city ordinance, rule, regulation, or state law;
(2) Has engaged in any fraudulent, deceptive, or dishonest act or practice;
(3) Has filed an application for a license which is incomplete in any material respect or contains statements which are false or misleading;
(4) Fails to file with the chief building official the necessary bonds or certificate of insurance;
(5) Fails to provide copies of records in the person’s possession related to a matter under investigation;
(6) Fails to pay inspection and permit fees in a timely manner as determined by the chief building official; and/or
(7) Fails to respond to a directive or lawful order of the building official.
(1992 Code, § 15-36) (Ord. 113-96, passed 10-7-1996; Ord. 117-01, passed 12-10-2001; Ord. 105-08, passed 8-18-2008; Ord. 75-14, passed 10-14-2014; Ord. 68-20, passed 9-1-2020)
§ 150.236 ADMINISTRATIVE APPEAL OF LICENSE SUSPENSION, REVOCATION OR REFUSAL TO RENEW.
A party whose license is suspended, revoked or refused renewal may appeal that decision to the electrical board of appeals and examiners. Appeals shall be commenced by filing written appeal with the department within ten days of the decision. The appeal shall include a statement of the action complained of, why the same should be modified or rescinded, whether the appellant desires an open or closed hearing, and an address where the appellant can be mailed notice of hearing. The department shall immediately deliver a copy of the appeal to the city attorney who will act as legal counsel.
(1992 Code, § 15-37) (Ord. 113-96, passed 10-7-1996; Ord. 105-08, passed 8-18-2008; Ord. 75-14, passed 10-14-2014)
§ 150.237 TIME OF HEARING AND NOTICE.
A public hearing, or a closed hearing if the board determines it is necessary, shall be held on all appeals within 15 working days after the filing of the appeal, unless a later date is agreed upon by the appellant and the board. The department shall cause written notice of the date, time and place of the hearing to be served upon the appellant by personal service or certified mail to the address set forth in the appeal at least five days before the hearing date.
(1992 Code, § 15-38) (Ord. 113-96, passed 10-7-1996; Ord. 75-14, passed 10-14-2014)
§ 150.238 HEARING PROCEDURES.
The following rules shall govern the procedures for an administrative hearing on matters concerning license suspension, revocation, or refusal to renew.
(a) Hearings and administrative appeals need not be conducted according to the technical rules relating to evidence and witnesses.
(b) Oral evidence shall be taken only on oath or affirmation.
(c) The chairperson of the board or the board recorder shall administer oaths or affirmations to witnesses.
(d) Any relevant evidence shall be admitted if it is the type of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence after objection in civil actions in courts of competent jurisdiction in this state.
(e) Irrelevant and unduly repetitious evidence and evidence that lacks trustworthiness shall be excluded.
(f) The appellant, the major organization unit or agency, and any other party to an appeal shall have these rights among others:
(1) To call and examine witnesses on any matter relevant to the issue of the hearing;
(2) To introduce documentary and physical evidence;
(3) To cross examine opposing witnesses on any matter relevant to the issues of the hearing; and
(4) To rebut evidence.
(g) After each appeal hearing, the board or hearing examiner shall perform the following:
(1) Make written findings of fact; and
(2) Based upon the written findings, sustain, remand for further hearing or action, or rescind the complained action or decision. The board may in its discretion waive the payment of any reinstatement or late penalty fee.
(3) A written report of the decision, including the findings of fact, shall be furnished to the appellant and the chief building official within 15 working days from the date the appeal hearing is closed. The city and the appellant shall bear their own respective costs of the appeal proceeding. The decision of the board shall be final.
(1992 Code, § 15-39) (Ord. 113-96, passed 10-7-1996; Ord. 105-08, passed 8-18-2008; Ord. 75-14, passed 10-14-2014; Ord. 68-20, passed 9-1-2020)
§ 150.239 APPEAL TO CIRCUIT COURT.
The decision of the board or the hearing examiner is subject to judicial review as provided by law.
(1992 Code, § 15-40) (Ord. 113-96, passed 10-7-1996; Ord. 30-07, passed 2-20-2007; Ord. 75-14, passed 10-14-2014)
§ 150.301 PLUMBING CODE ADOPTED.
(a) The Uniform Plumbing Code, 2015 edition, including Appendix A—Recommended Rules for Sizing the Water Supply System; Appendix B—Explanatory Notes on Combination Waste and Vent Systems; Appendix C—Alternate Plumbing Systems; Appendix D—Sizing Storm Water Drainage Systems; Appendix E—Manufactured/Mobile Home Parks and Recreational Vehicle Parks; Appendix I—Installation Standards; Appendix K—Private Sewage Disposal Systems; and the Green Plumbing & Mechanical Code Supplement which is deemed to be a non-mandatory referenced standard and is applicable only when plumbing systems or installation methods are not referenced in the 2015 Uniform Plumbing Code, published by the International Association of Plumbing and Mechanical Officials and amendments and additions thereto as provided in this chapter, are hereby adopted by the city for regulating and controlling design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use, or maintenance of any plumbing and providing for the performance of inspections and collection of fees therefor.
(b) A printed copy of the code as amended is on file with the city clerk.
(1992 Code, § 33-1) (Ord. 77-95, passed 6-5-1995; Ord. 16-98, passed 2-2-1998; Ord. 118-01, passed 12-10-2001; Ord. 25-04, passed 3-1-2004; Ord. 2-11, passed 1-10-2011; Ord. 11-17, passed 1-10-2017)
§ 150.302 MODIFICATIONS BY THE CITY TO THE 2015 UNIFORM PLUMBING CODE.
The following sections and subsections of the 2015 Uniform Plumbing Code adopted in this subchapter shall be amended, added, or not adopted by the city as follows. All other sections or subsections of the 2015 Uniform Plumbing Code as published shall remain the same.
102.1 Conflicts Between Codes. In instances where this code, applicable standards, or the manufacturer's installation instructions conflict, the more stringent provisions shall prevail. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall prevail.
102.4 Additions, Alterations, Renovations, or Repairs. Additions, alterations, renovations, or repairs shall conform to that required for a new system without requiring the existing plumbing system to be in accordance with the requirements of this code. Additions, alterations, renovations, or repairs shall not cause an existing system to become unsafe, insanitary, or overloaded.
Additions, alterations, renovations, or repairs to existing plumbing installations shall comply with the provisions for new construction and the International Existing Building Code, unless such deviations are found to be necessary and are first approved by the Authority Having Jurisdiction.
102.6 Changes in Building Occupancy. Plumbing systems that are a part of a building or structure undergoing a change in use or occupancy, as defined in the building code, shall be in accordance with the requirements of this code and the International Existing Building Code that are applicable to the new use or occupancy.
102.7 Moved Structures. Parts of the plumbing system of a building or part thereof that is moved from one foundation to another, or from one location to another, shall be in accordance with the provisions of this code and the International Existing Plumbing Code for new installations and completely tested as prescribed elsewhere in this section for new work, except that walls or floors need not be removed during such test where other equivalent means of inspection acceptable to the Authority Having Jurisdiction are provided.
103.2 Liability. The Authority Having Jurisdiction charged with the enforcement of this code, acting in good faith and without malice in the discharge of the Authority Having Jurisdiction's duties, shall not thereby be rendered personally liable for damage that accrues to persons or property as a result of an act or by reason of an act or omission in the discharge of duties. A suit brought against the Authority Having Jurisdiction or employee because of such act or omission performed in the enforcement of provisions of this code shall be afforded all of the protection provided by the city's insurance pool, immunities, and defenses provided by other applicable state and federal laws and be defended by legal counsel provided by this jurisdiction until final termination of such proceedings.
This code shall not be construed to relieve or lessen the responsibility of any person owning, operating, or controlling any building or structure for any damages to persons or property caused by defects, nor shall the city, its officers and employees, be held as assuming any such liability by reason of the inspections authorized by this code or any permits or certificates issued under this code.
104.1 Permits Required. It shall be unlawful for a homeowner, person, firm, or corporation to make an installation, alteration, repair, replacement, or remodel a plumbing system regulated by this code except as permitted in Section 104.2, or to cause the same to be done without first obtaining a separate plumbing permit for each separate building or structure. Any regulation herein referring to permits shall also apply to inspections.
104.3.2 Plan Review Fees. Where a plan or other data is required to be submitted in accordance with SDCL 36-18 or when the building official requires the submittal of plans, computations, or specifications in accordance with Section 104.3.1, a plan review fee shall be paid at the time of submitting construction documents for review.
The plan review fees for plumbing work shall be 25 percent of the building permit fee in Table 1-B in Section 150.017 of the Revised Ordinances of Sioux Falls, South Dakota. The plan review fees specified in this subsection are separate fees from the permit fees specified in Table 104.5.
Where plans are incomplete or changed so as to require additional review, a fee shall be charged at the rate shown in Table 104.5.
105.2 New plumbing work and such portions of existing systems as affected by new work or changes shall be inspected by the Authority Having Jurisdiction to ensure compliance with the requirements of this code and to ensure that the installation and construction of the plumbing system is in accordance with approved plans. The Authority Having Jurisdiction shall make the following inspections and other such inspections as necessary. The permittee or the permittee's authorized agent shall be responsible for the scheduling of such inspections as follows:
(1) Underground inspection shall be made after trenches or ditches are excavated and bedded, piping installed, and before backfill is put in place.
(2) Rough-in inspection shall be made prior to the installation of wall or ceiling membranes.
(3) Final inspection shall be made upon completion of the installation.
The requirements of this section shall not be considered to prohibit the operation of any heating appliance installed to replace an existing heating appliance serving an occupied portion of a structure in the event a request for inspection of such heating appliance has been filed with the department not more than 48 hours after replacement work is placed into operation or substantially completed, and before any portion of such appliance is concealed by any permanent portion of the structure.
106.3 Penalties. If the notice of violation is not complied with promptly, the plumbing official is authorized to utilize the administrative provisions of the code enforcement system, or request the legal counsel of the jurisdiction to deem the violation as a strict liability offense and institute the appropriate proceeding at law or in equity to restrain, correct, or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto.
107.1 General. In order to hear and decide appeals of orders, decisions, or determinations made by the Authority Having Jurisdiction relative to the application and interpretations of this code, to review all prospective changes to the respective codes and to submit recommendations to the responsible official and the city council, and to examine applicants for licensing and to investigate matters brought before the board, there shall be and is hereby created a Plumbing Board of Appeals consisting of members who are qualified by experience and training to pass upon matters pertaining to plumbing design, construction, and maintenance and the public health aspects of plumbing systems and who are not employees of the jurisdiction. The Authority Having Jurisdiction shall be an ex-officio member and shall act as secretary to said board but shall have no vote upon a matter before the board. Members shall be appointed by the mayor with the advice and consent of the city council and shall hold office for a term of three years. The board shall adopt rules and procedures for conducting its business. All decisions and findings shall be provided in writing to the appellant with a duplicate copy provided to the building services department. The Plumbing Board of Appeals shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render decisions and findings in writing to the appellant with a duplicate copy to the Authority Having Jurisdiction.
107.2 Limitations of Authority. The Plumbing Board of Appeals shall have no authority relative to interpretation of the administrative provisions of this code, nor shall the board be empowered to waive requirements of this code.
Through December 31, 2021, the following fees shall be charged for plumbing permits and inspections:
TABLE 104.5
PLUMBING PERMIT FEES
1. Homeowner’s permit $20
Unit Fee Schedule (in addition to Item 1 above)
1. For each plumbing fixture on one trap or a set of fixtures on one trap
(including water, drainage piping, and backflow protection therefor) $4
2. For each building sewer and each trailer park sewer $40
3. Rainwater systems—per drain (inside building) $7
4. For each private sewage disposal system $40
5. For each water heater, vent, or both $7
6. For each gas piping system of one to five outlets $5
7. For each additional gas piping system outlet, per outlet $1
8. For each industrial waste pretreatment interceptor, including its trap and vent, except kitchen-type grease interceptors functioning as fixture traps $7
9. For each installation, alteration, or repair of water piping, or both $7
10. For each repair or alteration of drainage or vent piping, each fixture $4
11. For each lawn sprinkler system on one meter including backflow protection devices therefor $4
12. For atmospheric-type vacuum breakers not referenced in Item 12:
One to five $5
Over five, each $1
13. For each backflow protective device other than atmospheric-type vacuum breakers:
Two inches (50 mm) in diameter and smaller $4
Over two inches (50 mm) in diameter $15
14. For each gray water system $20
15. For initial installation and testing for a reclaimed water system $7
16. For each annual cross-connection testing of a reclaimed water system
(excluding initial test) $7
17. *For each medical gas piping system serving one to five inlet(s)/outlet(s)
for a specific gas $20
18. *For each additional medical gas inlet(s)/outlet(s) $4
19. Minimum inspection fee $19
Other Inspections and Fees
1. Inspections outside of normal business hours $70
2. Reinspection fee $70
3. Inspections for which no fee is specifically indicated $70
4. Additional plan review required by changes, additions, or revisions to approved plans (minimum charge—1/2 hour) $70
5. Appeals. Before any action is taken by the board, the party or parties requesting such hearing shall deposit with the secretary of the board or his authorized agent, the sum of $65.00 to cover the approximate cost of the procedure. Under no condition shall such sum or any portion thereof be refunded for failure of said request to be approved.
6. Delinquent accounts. The administrative authority may refuse to issue permits or conduct inspections for any plumbing contractor whose account is delinquent.
7. Bond claims. An administrative fee shall be charged to cover the administrative cost of filing a claim $150
8. Examination fees per examination $75
9. Fee for late corrections. A $100 administrative fee may be charged for failure to correct violations within the time specified on a contractor’s correction report.
10. Fee for failure to request a required inspection. Where plumbing work is completed without a request for an inspection, an administrative fee of $250 may be charged.
*Or the total hourly cost to the city, whichever is greater. This cost shall include supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved.
Commencing January 1, 2022, the following fees shall be charged for permits and inspections:
TABLE 104.5
| |||
Plumbing Permit Fees*
| |||
Total Project Valuation | % of Project | Plumbing Valuation | Fee |
TABLE 104.5
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Plumbing Permit Fees*
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Total Project Valuation | % of Project | Plumbing Valuation | Fee |
$0.01 to $50,000.00 | 10% | $0.01 to $5,000.00 | $40 |
$50,000.01 to $250,000.00 | 10% | $5,000.01 to $25,000.00 | $40 for the first $5,000, plus $6 for each additional $1,000 or fraction thereof, to and including $25,000 |
$250,000.01 to $500,000.00 | 10% | $25,000.01 to $50,000.00 | $160 for the first $25,000, plus $5.25 for each additional $1,000 or fraction thereof, to and including $50,000 |
$500,000.01 to $1,000,000.00 | 10% | $50,000.01 to $100,000.00 | $291.25 for the first $50,000, plus $4.50 for each additional $1,000 or fraction thereof, to and including $100,000 |
$1,000,000.01 to $2,500,000.00 | 10% | $100,000.01 to $250,000.00 | $516.25 for the first $100,000 plus $4.25 for each additional $1,000 or fraction thereof, to and including $250,000 |
$2,500,000.01 to $5,000,000.00 | 10% | $250,000.01 to $500,000.00 | $1,153.75 for the first $250,000, plus $4 for each additional $1,000 or fraction thereof, to and including $500,000 |
$5,000,000.01 to $10,000,000.00 | 10% | $500,000.01 to $1,000,000.00 | $2,153.75 for the first $500,000, plus $3.50 for each additional $1,000 or fraction thereof, to and including $1,000,000 |
$10,000,000.01 and up | 10% | $1,000,000.01 and up | $3,903.75 for the first $1,000,000, plus $3 for each additional $1,000 or fraction thereof. |
Other Inspections and Fees
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Other Inspections and Fees
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1. Homeowner's permit. | $25 |
2. Inspections outside of normal business hours (minimum charge, one hour), per hour. | $200** |
3. Reinspection fees assessed under provisions of Section 104 of the Uniform Plumbing Code (minimum charge, one hour), per hour. | $200** |
4. When a plan or other data is required to be submitted by SDCL 36-18A or when the building official requires submittal of plans, computations, or specifications in accordance with Section 104.3.2, a plan review fee shall be charged. The plan review fee shall be 25 percent of the plumbing permit fee as shown on Table 1-B, Commercial Building Permit Fees, of § 150.017 of the Code of Ordinances of Sioux Falls, South Dakota. | |
5. Additional plan review required by changes, additions, revisions to approved plans (minimum charge, one hour), per hour. | $100** |
6. Fee for late corrections. If corrections listed on an inspection report are not completed within the specified time, the inspector shall issue a correction order and assess a $100 administrative fee. The inspector shall also assess a reinspection fee. | $100 |
7. Fee for failure to request a required inspection. Where plumbing work is completed without a request for an inspection, an administrative fee of $250 may be charged. | $250 |
8. Board of appeals fees. Before any action is taken by the board, the party or parties requesting the hearing shall deposit with the secretary of the board or his or her authorized agent, the sum of $100 to cover the approximate cost of the procedure. Under no condition shall the sum or any portion thereof be refunded for failure of the request to be approved. | $100 |
9. Examination fee; per examination. | $75 |
10. A mileage fee at the current rate as established by the finance department shall be charged for any inspection occurring outside the city limits. | |
11. Bond claims; an administrative fee shall be charged to cover the administrative cost of filing a claim. | $250 |
*The Total Project Valuation of the project will be used when a building permit is issued. | |
**Or the total hourly cost to the city, whichever is greater. This cost shall include supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved. | |
The building official may refuse to issue permits or conduct inspections for any delinquent account.
Section 221.0 S Add the following definition:
Strict Liability Offense. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited or failed to do an act which the defendant was legally required to do.
312.13 Exposed ABS Piping. Not adopted by city.
312.14 Exposed PVC Piping. Not adopted by city.
312.6 Freezing Protection. No soil or waste pipe shall be installed or permitted outside of a building, in attics or crawl spaces, or in an exterior wall unless, where necessary, adequate provision is made to protect such pipe from freezing.
No water piping shall be installed in an exterior wall or unheated attic. An exterior wall includes any wall between a heated space and an unheated space. Water service piping must be installed with a minimum earth cover of 72 inches. Building sewers must be installed with a minimum earth cover of 42 inches. Building sewers on septic systems may be installed at any depth that will accommodate the burial depth of the septic tank. If the building sewer is installed at a depth less than 30 inches, the pipe shall be protected from freezing with a minimum of 3 inches of foam insulation above and below the pipe.
312.10 Sleeves. Sleeves shall be provided to protect piping through concrete and masonry walls and concrete floors.
Exception: Sleeves shall not be required where openings are drilled or wrapped or bored.
312.12.2 Collars. In or on buildings where openings have been made in walls, floors, or ceilings for the passage of pipes, such openings shall be closed and protected by the installation of approved collars.
317.1 General. Food or drink shall not be stored, prepared, or displayed beneath soil or drain pipes, unless those areas are protected against leakage or condensation from such pipes reaching the food or drink as described below. Where building design requires that soil or drain pipes be located over such areas, the installation shall be made with the least possible number of joints and shall be installed so as to connect to the nearest adequately sized vertical stack with the provisions as follows:
(1) Openings through floors over such areas shall be sealed watertight to the floor construction.
(2) Floor and shower drains installed above such areas shall be equipped with integral seepage pans.
(3) Soil or drain pipes shall be of an approved material as listed in Table 1701.1 and Section 701.2. Materials shall comply with established standards. Cleanouts shall be extended through the floor construction above.
(4) Piping subject to operation at temperatures that will form condensation on the exterior of the pipe shall be thermally insulated.
321.0 Boilers and pressure vessels. The following provisions shall govern the installation, alteration, and repair of boilers and pressure vessels:
Chapter 10 Boilers of the International Mechanical Code
Section 631 Boilers of the International Fuel Gas Code
Part V—Mechanical, Section M2001 Boilers and Part VI—Fuel Gas, Section G2452 Boilers of the International Residential Code
322 Hydronic piping. The following provisions shall govern the installation, alteration, and repair of hydronic piping:
Chapter 12 Hydronic Piping of the International Mechanical Code
Part V—Mechanical, Chapter 21 of the International Residential Code
402.6.1 Closet Rings (Closet Flanges). Closet rings (closet flanges) for water closets or similar fixtures shall be of an approved type and shall be copper alloy, copper, hard lead, cast-iron, galvanized malleable iron, ABS, PVC, or other approved materials. Each such closet ring (closet flange) shall be approximately 7 inches (178 mm) in diameter and, where installed, shall, together with the soil pipe, present a 1 1/2-inch (38 mm) wide flange or face to receive the fixture gasket or closet seal.
Caulked-on closet rings (closet flanges) shall be not less than 1/4 of an inch (6.4 mm) thick and not less than 2 inches (51 mm) in overall depth.
Closet rings (closet flanges) shall be burned or soldered to lead bends or stubs, shall be caulked to cast-iron soil pipe, shall be solvent cemented to ABS and PVC, and shall be screwed or fastened in an approved manner to other materials.
The top of the closet flange shall be installed above the finished floor not to exceed 3/8".
Closet rings (closet flanges) shall be adequately designed and secured to support fixtures connected thereto.
407.3 Limitation of Hot Water Temperature for Public Lavatories. Hot water delivered from public use lavatories, including hair salon and pedicure sinks, shall be limited to a maximum temperature of 120°F (49°C) by a device that is in accordance with ASSE 1070 or CSA B125.3. The water heater thermostat shall not be considered a control for meeting this provision.
407.4 Transient Public Lavatories. Self-closing or metering faucets may be installed on lavatories intended to serve the transient public, such as those in, but not limited to, service stations, train stations, airports, restaurants, and convention halls.
418.3 Location of Floor Drains. Floor drains shall be installed in the following areas:
(1) Toilet rooms containing two or more water closets or a combination of one water closet and one urinal, except in a dwelling unit.
(2) Commercial kitchens and in accordance with Section 704.3.
(3) Laundry rooms in commercial buildings and common laundry facilities in multi-family dwelling buildings and in all mechanical rooms or the lowest level of a structure.
(4) Boiler rooms.
422.1 Fixture Count. Plumbing fixtures shall be provided for the type of building occupancy and in the minimum number in accordance with Chapter 29 and Table 2902.1 of the International Building Code. The total occupant load and occupancy classification shall be determined in accordance with the building code.
The minimum number of fixtures shall be calculated at 50 percent male and 50 percent female based on the total occupant load. Where information submitted indicates a difference in distribution of the sexes, such information shall be used in order to determine the number of fixtures for each sex. Once the occupancy load and occupancy are determined, Table 2902.1 of the International Building Code shall be applied to determine the minimum number of plumbing fixtures required.
422.2 Separate Facilities. Not adopted by city.
422.3 Fixture Requirements for Special Occupancies. Not adopted by city.
422.4 Toilet Facilities Serving Employees and Customers. Not adopted by city.
422.4.1 Access to Toilet Facilities. Not adopted by city.
422.5 Toilet Facilities for Workers. Not adopted by city.
506.4.3 Alternate combustion air sizing (IFGC) Outdoor combustion air shall be provided through opening(s) to the outdoors. The minimum dimension of air openings shall be not less than 3 inches (76 mm).
Exception: When all air is taken from the outdoors for appliances and the total input of the appliances is less than 300,000 Btu/hr (1,704,000 W/ meters squared K), one outside air duct may be used and shall terminate below the draft hood. An exterior
opening may be used in place of a duct provided that it is located at least one foot below the draft hood.
As an alternate to the above-referenced combustion air openings, the net free area of openings, ducts, or plenums supplying air to an area containing gas-burning appliances shall be as specified in Table 7-B.
Table No. 7-B—Combustion Air Requirements for Appliances Requiring an Outside Air Opening in Areas with 5,000 degrees Fahrenheit (2,777 degrees Celsius) or Greater Heating Degree Days
Total Input of Appliances1 Thousand of Btu/h | Required Free Area of Air Supply Opening or Duct, Square Inches2 |
Total Input of Appliances1 Thousand of Btu/h | Required Free Area of Air Supply Opening or Duct, Square Inches2 |
25 (26.4 KJ/h) | 7 (4,516 mm2) |
50 (52.8 KJ/h) | 7 (4,516 mm2) |
75 (79.1 KJ/h) | 11 (7,097 mm2) |
100 (106 KJ/h) | 14 (9,032 mm2) |
125 (132 KJ/h) | 18 (11,610 mm2) |
150 (158 KJ/h) | 22 (14,190 mm2) |
175 (185 KJ/h) | 25 (16,130 mm2) |
200 (211 KJ/h) | 29 (18,710 mm2) |
225 (237 KJ/h) | 32 (20,650 mm2) |
250 (264 KJ/h) | 36 (23,230 mm2) |
275 (290 KJ/h) | 40 (25,810 mm2) |
300 (317 KJ/h) | 43 (27,740 mm2) |
1. For total inputs that fall between the listing figures, use the next largest listed input.
2. These figures are based on the maximum equivalent duct length of 20 feet (6.1 m). For equivalent duct lengths in excess of 20 feet (6.1 m) to and including a maximum of 50 feet (15.2 m), increase the round duct diameter by one size. A square or rectangular duct may be considered only where the required duct size is 9 inches2 (5,800 mm2) or larger and the smaller dimension must be not less than 3 inches (76.2 mm).
3. The combustion air duct is required to be upsized one diameter size when a dryer is installed in the same room as the combustion air.
506.9 Combustion Air Ducts. Combustion air ducts shall comply with the following [NFPA 54:9.3.8]:
(1) Ducts shall be constructed of galvanized steel or a material having equivalent corrosion resistance, strength, and rigidity.
Exception: Within dwelling units, unobstructed stud and joist spaces shall not be prohibited from conveying combustion air, provided that not more than one fireblock is removed. [NFPA 54:9.3.8.1]
(2) Ducts shall terminate in an unobstructed space, allowing free movement of combustion air to the appliances. [NFPA 54:9.3.8.2]
(3) Ducts shall serve a single space. [NFPA 54:9.3.8.3]
(4) Ducts shall not service both upper and lower combustion air openings where both such openings are used. The separation between ducts serving upper and lower combustion air openings shall be maintained to the source of combustion air. [NFPA 54:9.3.8.4]
(5) Ducts shall not be screened where terminating in an attic space. [NFPA 54:9.3.8.5]
(6) Combustion air intake openings located on the exterior of the building shall have the lowest side of the combustion air intake openings located not less than 12 inches (305 mm) vertically from the adjoining finished ground level. [NFPA 54:9.3.8.8]
(7) Horizontal upper combustion air ducts shall not slope downward toward the source of combustion air. [NFPA 54:9.3.8.6]
(8) The remaining space surrounding a chimney liner, gas vent, special gas vent, or plastic piping installed within a masonry, metal, or factory-built chimney shall not be used to supply combustion air.
Exception: Direct-vent appliances designed for installation in a solid fuel-burning fireplace where installed in accordance with the manufacturer's installation instructions. [NFPA 54:9.3.8.7]
(9) Mechanical and gravity outdoor air intake openings shall be located not less than 10 feet (3,048 mm) from any hazardous or noxious contaminant source, such as vents, streets, alleys, parking lots, and loading docks, except as specified in Item 3 or Section 501.2.1.
602.3 Backflow Prevention. No plumbing fixture, device, or construction shall be installed or maintained, or shall be connected to a municipal potable water supply, where such installation or connection provides a possibility of polluting such water supply or cross-connection between a distributing system of water for drinking and domestic purposes and water that becomes contaminated by such plumbing fixture, device, or construction unless there is provided a backflow prevention device approved for the potential hazard. A backflow preventer shall be installed immediately downstream of the water meter and before any branch piping leading off of the water service line. The protection level required will be determined by the hazard level and water use in the facility as outlined in the City of Sioux Falls Cross-Connection Control Manual.
603.2 Approval of Devices of Assemblies. Before a device or an assembly is installed for the prevention of backflow, it shall first have been approved by the Authority having Jurisdiction. The City of Sioux Falls Cross-Connection Control Manual shall be referenced for containment backflow protection. Devices or assemblies installed in a potable water supply system for protection against backflow shall be maintained in good working condition by the person or persons having control of such devices or assemblies. Such device or assembly shall be tested at the time of installation, repair, or relocation and not less than on an annual schedule thereafter or more often where required by the Authority Having Jurisdiction. Where found to be defective or inoperative, the device or assembly shall be repaired or replaced. No device or assembly shall be removed from use or relocated or other device or assembly substituted without the approval of the Authority Having Jurisdiction.
603.4.2 Testing. The premise owner or responsible person shall have the backflow prevention assembly tested by a certified backflow assembly tester at the time of installation, repair, or relocation and not less than on an annual schedule thereafter, or more often where required by the Authority Having Jurisdiction. The periodic testing shall be performed in accordance with the procedures listed in the City of Sioux Falls Cross-Connection Control Manual by a tester certified in the approved procedures. Copies of the initial installation assembly test report shall be sent to the water supplier. A testable assembly is an assembly with properly located, resiliently seated test cocks and tightly closing resiliently seated shut off valves at each end of the assembly.
603.5.4 Heat Exchangers. Heat exchangers used for heat transfer, heat recovery, or solar heating shall protect the potable water system from being contaminated by the heat transfer medium. Single-wall heat exchangers used in indirect-fired water heaters shall meet the requirements of Section C302.0 to C302.3 inclusive. Double-wall heat exchangers shall separate the potable water from the heat transfer medium by providing a space between the two walls that are vented to the atmosphere. Water-to-water heat exchangers that return the water back to the public system of waterworks shall not be allowed on a public water system unless approved by the Authority Having Jurisdiction.
603.5.17 Potable Water Outlets and Valves. Potable water outlets, freeze-proof yard hydrants, combination stop-and-waste valves, or other fixtures that incorporate a stop and waste feature that drains into the ground shall not be installed underground unless they are installed above the known groundwater table, they are installed at least 10 feet away from any sewer line, or any other source of contamination.
604.3 Copper or Copper Alloy Tube. Copper or copper alloy tube for water piping shall have a weight of not less than Type L.
Exception: Type M copper or copper alloy tubing shall be permitted to be used for water piping where piping is aboveground in, or on, a building.
604.13 Water Heater Connectors. Flexible metallic (copper and stainless steel), reinforced flexible, braided stainless steel, or polymer braided with EPDM core connectors that connect a water heater to the piping system shall be in accordance with ASME A112.18.6/CSA B125.6. Copper, copper alloy, or stainless steel flexible connectors shall not exceed 24 inches (610 mm). PEX, PEX-AL-PEX, PE-AL-PE, or PE-RT tubing shall not be installed within the first 18 inches (457 mm) of piping connected to a water heater. This does not apply to electric water heaters.
605.12.2 Solvent Cement Joints. Solvent cement joints for PVC pipe and fittings shall be clean from dirt and moisture. Pipe shall be cut square and pipe shall be deburred. Where surfaces to be joined are cleaned and free of dirt, moisture, oil, and other foreign material, apply primer purple or un-purple in color in accordance with ASTM F656. Primer shall be applied until the surface of the pipe and fitting is softened. Solvent cements in accordance with ASTM D2564 shall be applied to all joint surfaces. Joints shall be made while both the inside socket surface and outside surface of pipe are wet with solvent cement. Hold joint in place and undisturbed for one minute after assembly.
606.5 Control Valve. A control valve shall be installed immediately ahead of each water-supplied appliance and immediately ahead of each slip joint or appliance supply. Parallel water distribution systems shall provide a control valve either immediately ahead of each fixture being supplied or installed at the manifold, and shall be identified with the fixture being supplied. Where parallel water distribution system manifolds are located in attics, crawl spaces, or other locations not readily accessible, a separate shutoff valve shall be required immediately ahead of each individual fixture or appliance served.
Individual shutoff valves shall be installed on each plumbing fixture and each exterior hose bib.
Exception: In single-family dwellings, individual valves are not required on tub valves, shower valves, and exterior hose bibs.
608.2 Excessive Water Pressure. Where static water pressure in the water supply piping is exceeding 80 psi (552 kPa), an approved-type pressure regulator preceded by an adequate strainer shall be installed and the static pressure reduced to 80 psi (552 kPa) or less. Pressure regulator(s) equal to or exceeding 1 1/2 inches (40 mm) shall not require a strainer. Such regulator(s) shall control the pressure to water outlets in the building unless otherwise approved by the Authority Having Jurisdiction. Each such regulator and strainer shall be accessibly located aboveground or in a vault equipped with a properly sized and sloped bore-sighted drain to daylight, shall be protected from freezing, and shall have the strainer readily accessible for cleaning without removing the regulator or strainer body or disconnecting the supply piping. Pipe size determinations shall be based on 80 percent of the reduced pressure where using Table 610.4. An approved expansion tank shall be installed in the cold water distribution piping downstream of each such regulator to prevent excessive pressure from developing due to thermal expansion and to maintain the pressure setting of the regulator. Expansion tanks used in potable water systems intended to supply drinking water shall be in accordance with NSF 61. The expansion tank shall be properly sized and installed in accordance with the manufacturer's installation instructions and listing. Systems designed by registered design professionals shall be permitted to use approved pressure relief valves in lieu of expansion tanks, provided such relief valves have a maximum pressure relief setting of 100 psi (689 kPa) or less.
All expansion tanks must be marked with a permanent marker with the date installed and the set pressure written on the tank by the installer. Tanks installed in the horizontal position shall be adequately supported.
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.
609.2 Trenches. Water pipes shall not be run or laid in the same trench as building sewer or drainage piping constructed of clay or materials that are not approved for use within a building unless both of the following conditions are met:
(1) The bottom of the water pipe shall be not less than 12 inches (305 mm) above the top of the sewer or drain line.
(2) The water pipe shall be placed on a solid shelf excavated at one side of the common trench with a clear horizontal distance of not less than 12 inches (305 mm) from the sewer or drain line.
Water pipes crossing sewer or drainage piping constructed of clay or materials that are not approved for use within a building shall be laid not less than 12 inches (305 mm) above the sewer or drain pipe.
Potable water service piping shall not be located in, under, or above cesspools, septic tanks, septic tank drainage fields, or drainage pits. A separation of 25 feet shall be maintained from such systems, except for livestock confinement facilities which may be 3 feet.
609.4 Testing. Upon completion of a section or of the entire hot and cold water supply system, it shall be tested and proved tight under a water pressure not less than the working pressure under which it is to be used. The water used for tests shall be obtained from a potable source of supply. A 50 psi (345 kPa) air pressure shall be permitted to be substituted for the water test. In either method of test, the piping shall withstand the test without leaking for a period of not less than 15 minutes.
609.5 Unions. Not adopted by city.
609.11.1 Insulation Requirements. Not adopted by city.
609.11.2 Pipe Insulation Wall Thickness. Not adopted by city.
610.1 Size. The size of each water meter and each potable water supply pipe from the meter or other source of supply to the fixture supply branches, risers, fixtures, connections, outlets, or other uses shall be based on the total demand and shall be determined according to the methods and procedures outlined in this section. Water piping systems shall be designed to ensure that the maximum velocities allowed by the code and the applicable standard are not exceeded. The minimum size water service allowed is one (1) inch (25.4 mm) except to travel trailer or mobile home sites, which shall be not less than three quarter (3/4) inch (19.1 mm).
701.2 Drainage Piping. Materials for drainage piping shall be in accordance with one of the referenced standards in Table 701.2 except that:
(1) No galvanized wrought-iron or galvanized steel pipe shall be used underground and shall be kept not less than 6 inches (152 mm) aboveground. Plastic pipe and fittings installed underground outside of buildings may be SDR 35 ASTM 3034 or heavier.
(2) ABS and PVC DWV piping installations shall be installed in accordance with applicable standards referenced in Table 1701.1 and the building code. Except for individual single-family dwelling units, materials exposed within ducts or plenums shall have a flame-spread index of not more than 25 and a smoke-developed index of not more than 50, where tested in accordance with ASTM E84 or UL 723.
(3) No vitrified clay pipe or fittings shall be used aboveground or where pressurized by a pump or ejector. They shall be kept not less than 12 inches (305 mm) belowground.
(4) Copper or copper alloy tube for drainage and vent piping shall have a weight of not less than that of copper or copper alloy drainage tube type DWV.
(5) Stainless steel 304 pipe and fittings shall not be installed underground and shall be kept not less than 6 inches (152 mm) aboveground.
(6) Cast-iron soil pipe and fittings shall be listed and tested in accordance with standards referenced in Table 1701.1. Such pipe and fittings shall be marked with the country of origin and identification of the original manufacturer in addition to markings required by referenced standards.
701.4 Continuous Wastes. Continuous wastes and fixture tailpieces shall be constructed from the materials specified in Section 701.2 for drainage piping, provided, however, that such connections where exposed or accessible shall be permitted to be of seamless drawn brass not less than No. 20 B & S Gauge (0.032 inches) (0.8 mm) tubular PVC or tubular ABS.
703.1 Minimum Size. The minimum sizes of vertical, horizontal, or both drainage piping shall be determined from the total of fixture units connected thereto, and additionally, in the case of vertical drainage pipes, in accordance with their length.
Underground drains are required to be a minimum of 2 inches inside diameter.
TABLE 703.2
MAXIMUM UNIT LOADING AND MAXIMUM LENGTH OF DRAINAGE AND VENT PIPING
For SI units: 1 inch = 25 mm, 1 foot = 304.8 mm
Notes:
1 Excluding trap arm.
2 Except sinks, urinals, and dishwashers—exceeding 1 fixture unit.
3 Except six-unit traps or water closets.
4 Only four water closets or six-unit traps allowed on a vertical pipe or stack; and not to exceed three water closets or six-unit traps on a horizontal branch or drain.
5 Based on 1/4 inch per foot (20.8 mm/m) slope. For 1/8 of an inch per foot (10.4 mm/m) slope, multiply horizontal fixture units by a factor of 0.8.
6 The diameter of an individual vent shall be not less than 1 1/4 inches (32 mm) nor less than one-half the diameter of the drain to which it is connected. Fixture unit load values for drainage and vent piping shall be computed from Table 702.1 and Table 702.2(2). Where vents are increased one pipe size for their entire length, the maximum length limitations specified in this table do not apply. This table is in accordance with the requirements of Section 901.3.
705.5.2 Solvent Cement Joints. Solvent cement joints for PVC pipe and fittings shall be clean from dirt and moisture. Pipe shall be cut square and pipe shall be deburred. Where surfaces to be joined are cleaned and free of dirt, moisture, oil, and other foreign material, apply primer purple or un-purple in color in accordance with ASTM F656. Primer shall be applied until the surface of the pipe and fitting is softened. Solvent cements in accordance with ASTM D2564 shall be applied to all joint surfaces. Joints shall be made while both the inside socket surface and outside surface of pipe are wet with solvent cement. Hold joint in place and undisturbed for one minute after assembly.
All underground PVC piping must be provided with a purple primer.
706.1 Approved Fittings. Changes in direction of drainage piping shall be made by the appropriate use of approved fittings and shall be of the angles presented by a one-sixteenth bend, one-eighth bend, or one-sixth bend, or other approved fittings of equivalent sweep.
Exception: One-quarter (1/4) bends may be used on individual fixture drains, horizontal to vertical changes in direction of drainage piping, and vertical to horizontal changes in directions for more than one fixture.
707.4 Location. Each horizontal drainage pipe shall be provided with a cleanout at its upper terminal, and each run of piping that is more than 100 feet (30,480 mm) in total developed length shall be provided with a cleanout for each 100 feet (30,480 mm), or fraction thereof, in length of such piping. An additional cleanout shall be provided in a drainage line for each aggregate horizontal change in direction exceeding 135 degrees (2.36 rad). A cleanout shall be installed above the fixture connection fitting, serving each urinal, regardless of the location of the urinal in the building.
Exceptions:
(1) Cleanouts shall be permitted to be omitted on a horizontal drain line less than 5 feet (1,524 mm) in length unless such line is serving sinks or urinals.
(2) Cleanouts shall be permitted to be omitted on a horizontal drainage pipe installed on a slope of 72 degrees (1.26 rad) or less from the vertical angle (one-fifth bend).
(3) Excepting the building drain, its horizontal branches, and urinals, a cleanout shall not be required on a pipe or piping that is above the floor level of the lowest floor of the building.
(4) An approved type of two-way cleanout fitting, installed inside the building wall near the connection between the building drain and the building sewer or installed outside of a building at the lower end of a building drain and extended to grade, shall be permitted to be substituted for an upper terminal cleanout.
(5) Where the piping is concealed, a fixture trap or a fixture with integral trap, readily removable without disturbing concealed roughing work, shall be accepted as a cleanout equivalent.
710.1 Backflow Protection. Whenever required by the administrative authority, fixtures installed on a floor level that is lower than the next upstream manhole cover of the public or private sewer shall be protected from backflow of sewage by installing an approved type of backwater valve. Fixtures on such floor level that are not below the next upstream manhole cover shall not be required to be protected by a backwater valve. Fixtures on floor levels above such elevation shall not discharge through the backwater valve. Cleanouts for drains that pass through a backwater valve shall be clearly identified with a permanent label stating "backwater valve downstream."
710.3 Sewage Ejector and Pumps. A sewage ejector or sewage pump receiving the discharge of water closets or urinals:
(1) Shall have a discharge capacity of not less than 20 gpm (1.26 L/s).
(2) In single dwelling units, the ejector or pump shall be capable of passing a 1 1/2-inch (38 mm) diameter solid ball, and the discharge piping of each ejector or pump shall have a backwater valve and be not less than 2 inches (50 mm) in diameter.
(3) In other than single-dwelling units, the ejector or pump shall be capable of passing a 2-inch (51 mm) diameter solid ball, and the discharge piping of each ejector or pump shall have a backwater valve and full port valve and be not less than 3 inches (80 mm) in diameter.
710.14 Subsoil drainage systems. When subsoil drainage systems are installed, such systems shall be discharged into an approved sump or receiving tank and shall be discharged in a manner satisfactory to the Authority Having Jurisdiction.
The sump pit shall be at least 15 inches (381 mm) in diameter, 18 inches (457 mm) in depth, and provided with a fitted cover. A one and one-half-inch (38 mm) diameter rigid line within 36 inches (914 mm) of the sump pit shall be installed with the opposite end terminating to the outside.
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.
Where the administrative authority, due to practical difficulties or hardships, finds that a water or air test cannot be performed, a smoke or peppermint test shall be substituted in lieu thereof. A smoke test shall be made by introducing into the entire system a pungent, thick smoke proceeded by one or more smoke machines. When the smoke appears at stack openings on the roof, they shall be closed and at a pressure equivalent to a 1-inch water column shall be developed and maintained for the period of the inspection. A peppermint test shall be conducted by the introduction of two ounces of oil of peppermint into the roof terminal of every line or stack to be tested. The oil of peppermint shall be followed at once by 10 quarts of hot water whereupon all roof vent terminals shall be sealed. A positive test which reveals leakage shall be the detection of the odor of peppermint at any trap or other point on the system. Oil of peppermint or persons whose person or clothes have come in contact with oil of peppermint shall be excluded from the test area.
713.6 Lot. On every lot or premises hereafter connected to a public sewer, plumbing and drainage systems or parts thereof on such lot or premises shall be connected with such public sewer where the public sewer is within 200 feet of the structure.
801.4 Bar and Fountain Sink Traps. Where the sink in a bar, soda fountain, or counter is so located that the trap serving the sink cannot be vented, the sink drain shall discharge through an air gap or air break (see Section 801.3.3) into an approved receptor that is vented. The developed length from the fixture outlet to the receptor shall not exceed 15 feet (4,572 mm).
801.7 Drip or Drainage Outlets. Appliances, devices, or apparatus not regularly classified as plumbing fixtures, but which have drip or drainage outlets, shall be permitted to be drained by indirect waste pipes discharging into an open receptor through either an air gap or air break (see Section 801.3.1).
Drip pans shall be installed under storage-type water heaters to prevent tank leakage from causing property damage.
Exceptions:
1. The lowest level of buildings provided that the floor is concrete or other material that will not be damaged or deteriorated by water leakage by the tank;
2. Crawl spaces;
3. Spaces having floor drainage that will collect leakage from the tank; and
4. Locations where tank leakage will damage the building or its contents.
Drip pans shall be watertight and constructed of corrosive-resistant materials. Metallic pans shall be 24 gauge minimum. Nonmetallic pans shall be .0625-inch minimum thickness. Pans shall be not less than 1 1/2 inches deep and shall be of sufficient size to hold the heater without interfering with drain valves, burners, controls, and any required access. High-impact plastic pans shall be permitted under gas-fired water heaters where the heater is listed for zero clearance for combustible floors and the application is recommended by the pan manufacturer. Drip pans shall have drain outlets not less than 1 inch size, with indirect drain pipes extending to an approved point of discharge.
807.3 Domestic Dishwashing Machine. The discharge from a residential kitchen sink and dishwasher may discharge through a single 1 1/2-inch trap. The discharge line from the dishwasher shall be not less than 1/2-inch nominal size and shall either be looped up and securely fastened to the underside of the counter or be connected to a deck-mounted dishwasher air gap fitting. The discharge shall then be connected to a wye fitting between the sink waste outlet and the trap inlet or to the disposal.
811.5 Permanent Record. Not adopted by city.
903.1 Applicable Standards. Vent pipe and fittings shall comply with the applicable standards referenced in Table 701.2, except that:
(1) No galvanized steel or 304 stainless steel pipe shall be installed underground and shall be not less than 6 inches (152 mm) aboveground.
(2) ABS and PVC DWV piping installations shall be in accordance with the applicable standards referenced in the Building Code, Residential Code, and Table 1701.1, and Chapter 14 "Firestop Protection." Except for individual single-family dwelling units, materials exposed within ducts or plenums shall have a flame-spread index of not more than 25 and a smoke-developed index of not more than 50 where tested in accordance with ASTM E84 or UL 723.
904.2 Length. Not adopted by the city.
906.7 Frost or Snow Closure. Each vent extension through a roof shall be at least 3 inches in diameter except kitchen sink vents in single-family dwellings, which shall be at least 2 inches in diameter. The change in diameter shall be made inside the building at least 1 foot below the roof with an approved fitting.
909.1 General. Traps for island sinks and similar equipment shall be roughed in above the floor and shall be permitted to be vented by extending the vent as high as possible, but not less than the drain board height and then returning it downward and connecting it to the horizontal sink drain immediately downstream from the vertical fixture drain. The return vent shall be connected to the horizontal drain through a wye-branch fitting and shall, in addition, be provided with a foot vent taken off the vertical fixture vent by means of a wye branch immediately below the floor and extending to the nearest partition and then through the roof to the open air, or shall be permitted to be connected to other vents at a point not less than 6 inches (152 mm) above the flood-level rim of the fixtures served. Drainage fittings shall be used on the vent below the floor level, and a slope of not less than 1/4 inch per foot (20.8 mm/m) back to the drain shall be maintained. The return bend used under the drain board shall be a one piece fitting or an assembly of a 45-degree (0.79 rad), a 90-degree (1.57 rad), and a 45-degree (0.79 rad) elbow in the order named. Pipe sizing shall be as elsewhere required in this code. The island sink drain, upstream of the returned vent, shall serve no other fixtures. An accessible cleanout shall be installed in the vertical portion of the foot vent.
Alternate island sink installations require a minimum of a 3-inch diameter drain undiminished in size which shall rise up through the sink cabinet and capped off as high as possible. The vent shall connect no further than 15 feet from the vertical section of the drain and shall be a minimum of 1 1/2 inches in diameter. A 3- x 3- x 1 1/2-inch sanitary tee is required for connection to the trap.
910.1 Where Permitted. Combination waste and vent systems shall be permitted where structural conditions preclude the installation of conventional systems as otherwise prescribed by this code.
Exception: In single-family dwellings, the maximum length for a floor drain connected to a uniformly sized building drain vented on both the upstream and downstream side of the connection to the floor drain is 15 feet. The minimum trap seal shall be 4 inches.
1003.1 General Requirements. Each trap, except for traps within an interceptor or similar device, shall be self-cleaning. Traps for bathtubs, showers, lavatories, sinks, laundry tubs, floor drains, urinals, drinking fountains, dental units, and similar fixtures shall be of standard design, weight, and shall be of ABS, cast-brass, cast-iron, lead, PP, PVC, or other approved material. An exposed and readily accessible drawn-copper alloy tubing trap, not less than 20 B&S Gauge (0.045 inch) (1.143 mm), shall be permitted to be used on fixtures discharging domestic sewage.
Exception: Drawn-copper alloy tubing traps shall not be used for urinals. Each trap shall have the manufacturer's name stamped legibly in the metal of the trap, and each tubing trap shall have the gauge of the tubing in addition to the manufacturer's name. A trap shall have a smooth and uniform interior waterway.
1003.2 Slip Joint Fittings. A maximum of one approved slip joint fitting shall be permitted to be used on the outlet side of a trap, and no tubing trap shall be installed without a listed tubing trap adapter. Listed plastic trap adapters shall be permitted to be used to connect listed metal tubing traps. Slip joint extensions with 45-degree slip joint offsets are allowed.
1003.3 Size. The size (nominal diameter) of a trap for a given fixture shall be sufficient to drain the fixture rapidly, but in no case less than nor more than one pipe size larger than given in Table 702.1.
1016.3 Construction and Size. Sand interceptors shall be built of brick or concrete, prefabricated coated steel, or other watertight material. The interceptor shall have an interior baffle for full separation of the interceptor into two sections. The outlet pipe shall be the same size as the inlet pipe of the sand interceptor, the minimum being 3 inches (80 mm), and the baffle shall have two openings of the same diameter as the outlet pipe and at the same invert as the outlet pipe. These openings shall be staggered so that there cannot be a straight line flow between the inlet pipe and the outlet pipe. The invert of the inlet pipe shall be no lower than the invert of the outlet pipe.
The sand interceptor shall have a minimum dimension of 2 square feet (0.2 m2) for the net free opening of the inlet section and a minimum depth under the invert of the outlet pipe of 2 feet (610 mm).
For each 5 gpm (0.3 L/s) flow or fraction thereof over 20 gpm (1.26 L/s), the area of the sand interceptor inlet section is to be increased by 1 square foot (0.09 m2). The outlet section shall at all times have a minimum area of 50 percent of the inlet section.
The outlet section shall be covered by a solid removable cover, set flush with the finished floor, and the inlet section shall have an open grating, set flush with the finished floor and suitable for the traffic in the area in which it is located.
Floor drains in garages serving dwelling units for parking purposes that are connected to a building sanitary sewer shall have a means of collecting sediment and shall be provided with a water trap seal.
1018.0 Combination Sand and Oil Separator
1018.1 The following illustration provides minimum dimensions for a combination oil and sand interceptor which are required where floor
drains are provided in commercial open and closed parking garages, motor vehicle repair garages, or other uses deemed necessary by the Authority Having Jurisdiction to protect the sanitary sewer system. Piping serving a sand and oil separator shall be a minimum of 3 inches in diameter. The sewer side of the trap is required to be sealed.
1101.4 Material Uses. Pipe, tube, and fittings conveying rainwater shall be of such materials and design as to perform their intended function to the satisfaction of the Authority Having Jurisdiction. Conductors within a vent or shaft shall be of cast-iron, galvanized steel, wrought iron, copper, copper alloy, lead, Schedule 40 ABS DWV, Schedule 40 PVC DWV, stainless steel 304 or 316L [stainless steel 304 pipe and fittings shall not be installed underground and shall be kept not less than 6 inches (152 mm) aboveground], or other approved materials, and changes in direction shall be in accordance with the requirements of Section 706.0. ABS and PVC DWV piping installations shall be installed in accordance with the building code and Chapter 14 "Firestop Protection." Except for individual single-family dwelling units, materials exposed within ducts or plenums shall have a flame- spread index of not more than 25 and a smoke-developed index of not more than 50, where tested in accordance with ASTM E84 or UL 723.
1101.15 Traps on Storm Drains and Leaders. Leaders and storm drains are required to be attached to the storm drain or shall be discharged to the outside.
1101.15.1 Where Not Required. Not adopted by the city.
1101.15.2 Trap Size. Not adopted by the city.
1101.15.3 Method of Installation of Combined Sewer. Not adopted by the city.
1101.16.2 Combining Storm with Sanitary Drainage. The sanitary and storm drainage system of a building shall be entirely separate.
1106.2 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 1106.2.1 through Section 1106.2.3.
1208.2 Provision for Location of Point of Delivery. The location of the point of delivery shall be acceptable to the serving gas supplier. [NFPA 54:5.2]
The piping located on the exterior extending from the gas meter to the inside of the structure shall be a metallic pipe in compliance with Section 1209.5.2. The entrance into the structure shall be provided with the appropriate transition flange where an alternate gas piping material is utilized on the inside of the structure.
1210.2.3.1 Gas Piping Located on a Roof. All outside gas piping located on a roof must be black iron pipe.
Table C304.2
Building Drains and Building Sewers1
Diameter of Pipe, in. (mm) | Maximum Number of Drainage Fixture Units for Sanitary Building Drains and Runouts From Stacks | ||||
Slope, in./ft (mm/m) | |||||
1/16 (5.2) | 1/8 (10.4) | 1/4 (20.8) | 1/2 (41.6) | ||
Diameter of Pipe, in. (mm) | Maximum Number of Drainage Fixture Units for Sanitary Building Drains and Runouts From Stacks | ||||
Slope, in./ft (mm/m) | |||||
1/16 (5.2) | 1/8 (10.4) | 1/4 (20.8) | 1/2 (41.6) | ||
2 | (50) | 21 | 26 | ||
2 1/2 | (65) | 24 | 31 | ||
3 | (80) | 422 | 502 | ||
4 | (100) | 180 | 216 | 250 | |
5 | (125) | 390 | 480 | 575 | |
6 | (150) | 700 | 840 | 1,000 | |
8 | (200) | 1,400 | 1,600 | 1,920 | 2,300 |
10 | (250) | 2,500 | 2,900 | 3,500 | 4,200 |
12 | (300) | 2,900 | 4,600 | 5,600 | 6,700 |
15 | (380) | 7,000 | 8,300 | 10,000 | 12,000 |
For SI units: 1 inch = 25 mm, 1 inch per foot = 83.3 mm/m
Notes:
1. On-site sewers that serve more than one building shall be permitted to be sized according to the current standards and specifications of the administrative authority for public sewers.
2. A maximum of two water closets or two bathroom groups, except in single-family dwellings, where a maximum of three water closets or three bathroom groups shall be permitted to be installed.
TABLE C 401.1 SIZE AND LENGTH OF VENTS of APPENDIX C. Not adopted by the city.
(Ord. 11-17, passed 1-10-2017; Ord. 33-19, passed 3-19-2019; Ord. 75-21, passed 7-6-2021; Ord. 93-22, passed 8-9-2022)
§ 150.303 DEFINITIONS.
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPRENTICE PLUMBER. A person who is learning the plumbing trade under the supervision of a master plumber or journeyman plumber and is registered with the city.
EMPLOYEE. A person whose compensation for plumbing work is reported by the employer on an Internal Revenue Service W-2 Form and is also otherwise considered an employee under applicable laws.
INACTIVE MASTER PLUMBER. A person who is licensed by the city as a master plumber, but has not been designated as a master plumber for a plumbing contractor and who may be issued upon request an inactive plumbing contractors license.
JOURNEYMAN PLUMBER. A person who has the necessary qualifications, training, experience and technical knowledge to do plumbing installations in accordance with the standard rules and regulations governing the installations and who is licensed by the city and the State Plumbing Commission.
LANDSCAPE IRRIGATION CONTRACTOR. A person who engages in the business or trade of installing, altering, repairing, relocating, replacing or adding to irrigation systems inside or outside a building.
MASTER PLUMBER. A person who undertakes or offers to undertake, to plan for, lay out or install or make additions, alterations or repairs in the installation of plumbing and irrigation systems or equipment with or without compensation and who is licensed by the city and the State Plumbing Commission.
OWNER. A natural person who physically performs plumbing work on the premises the person owns and actually occupies as a resident or owns and will occupy as a residence upon completion of construction.
PLUMBING WORK. Installing, altering, repairing, planning, laying out of plumbing systems or equipment.
(1992 Code, § 33-3) (Ord. 77-95, passed 6-5-1995; Ord. 16-98, passed 2-2-1998; Ord. 118-01, passed 12-10-2001; Ord. 25-04, passed 3-1-2004; Ord. 43-05, passed 4-18-2005; Ord. 11-17, passed 1-10-2017)
§ 150.304 LICENSES.
(a) Master plumber. Except as otherwise provided herein, no person shall install, alter, repair, plan, layout or supervise the installing, altering or repairing of plumbing systems or equipment unless the person is:
(1) Licensed by the city as a master plumber; and
(2) The plumbing work is for a licensed master plumber and the person is journeyman or apprentice plumber.
(b) Journeyman plumber. Except as otherwise provided herein, no person shall perform plumbing work unless the person is:
(1) Licensed by the city as a journeyman plumber; and
(2) The plumbing work is for a licensed master plumber and the person is an employee, partner or officer of the master plumber and the work performed is under the supervision of the master plumber.
(c) Inactive master plumber. Existing master plumbers, after paying the appropriate fee, may be issued an inactive plumbing contractors license. At a time as a person holding an inactive license desires to change to an active contractors license, that person shall pay the appropriate fee and hold a state contractors license.
(d) Landscape irrigation contractor. Except as otherwise provided in this code, no person shall install irrigation systems without first obtaining a landscape irrigation contractor license from the city.
(1992 Code, § 33-4) (Ord. 77-95, passed 6-5-1995; Ord. 16-98, passed 2-2-1998; Ord. 25-04, passed 3-1-2004; Ord. 43-05, passed 4-18-2005; Ord. 11-17, passed 1-10-2017)
§ 150.305 REGISTRATIONS.
Apprentice plumbers. Except as otherwise provided herein, no person shall perform plumbing work unless the person is:
(a) Registered by the city as an apprentice plumber; and
(b) The plumbing work is for a licensed master plumber and the person is an employee, partner or officer of the licensed master plumber and the work is performed in the presence of a master plumber and/or journeyman plumber also employed by the person’s employer.
(1992 Code, § 33-5) (Ord. 77-95, passed 6-5-1995; Ord. 16-98, passed 2-2-1998; Ord. 11-17, passed 1-10-2017)
§ 150.306 LICENSE USE RESTRICTED.
No licensed master plumber or landscape irrigation contractor shall allow his or her name to be used by any other person directly or indirectly, either to obtain a permit for the installation of any plumbing work or to install any system or equipment.
(1992 Code, § 33-6) (Ord. 77-95, passed 6-5-1995; Ord. 16-98, passed 2-2-1998; Ord. 43-05, passed 4-18-2005; Ord. 11-17, passed 1-10-2017)
§ 150.307 BOND REQUIRED.
(a) As a condition of a license, each master plumber, each manufactured and mobile home plumbing installation contractor, and each landscape irrigation contractor shall give and maintain a surety bond in the penal sum of $10,000 in a form approved by the city. The bond shall be conditioned upon the faithful and lawful performance of all plumbing work entered upon by the contractor within the city and for compliance with all the provisions of this chapter. The bond shall be in lieu of all other license bonds to any political subdivision or government agency. The bond shall be written by a corporate surety licensed to do business in the state.
(b) Claims upon the bond may be filed by any person damaged by reason of the principal’s failure to perform his or her obligation under the bond.
(c) Suspension or revocation of the license of the principal shall not by itself affect the liability of either the principal or the surety on the bond.
(d) Claims upon the bond may be filed by any person damaged by reason of the principal’s failure to perform his or her obligation under the bond.
(e) Suspension or revocation of the license of the principal shall not by itself affect the liability of either the principal or the surety on the bond.
(1992 Code, § 33-7) (Ord. 77-95, passed 6-5-1995; Ord. 16-98, passed 2-2-1998; Ord. 118-01, passed 12-10-2001; Ord. 43-05, passed 4-18-2005; Ord. 11-17, passed 1-10-2017)
§ 150.308 VEHICLE IDENTIFICATION.
Any vehicle used by a contractor while performing plumbing work for which a license is required shall have the contractor’s business name and city license numbers as they appear on the license in contrasting color with characters one and one-half-inch high by one and one-half-inch wide affixed to each side of the vehicle.
(1992 Code, § 33-8) (Ord. 77-95, passed 6-5-1995; Ord. 16-98, passed 2-2-1998; Ord. 11-17, passed 1-10-2017)
§ 150.309 LICENSE AND REGISTRATION APPLICATION.
(a) Any person desiring to engage in the business of plumbing who is contracting as a master plumber, journeyman plumber or landscape irrigation contractor shall first make an application for a license therefor to the administrative authority on forms furnished.
(b) Any person hired as an apprentice plumber under the supervision of a master or journeyman plumber shall first make an application for registration therefor to the administrative authority on forms furnished.
(1992 Code, § 33-9) (Ord. 77-95, passed 6-5-1995; Ord. 16-98, passed 2-2-1998; Ord. 43-05, passed 4-18-2005; Ord. 11-17, passed 1-10-2017)
§ 150.310 LICENSE TERM AND RENEWAL.
(a) All licenses issued under the provisions of this chapter shall expire biennially beginning on December 31, 1995. All renewal fees shall be paid prior to the expiration of the license.
(b) Any person who shall fail to renew a license within 60 days after it has lapsed shall pay in addition to the license fee a reinstatement fee equal to 50% of the renewal fee.
(c) Licenses not renewed within one year of the date of expiration shall not be renewed until the applicant has submitted and passed the examination and paid all fees required for a new license.
(1992 Code, § 33-10) (Ord. 77-95, passed 6-5-1995; Ord. 16-98, passed 2-2-1998; Ord. 11-17, passed 1-10-2017)
§ 150.311 EXAMINATION.
(a) Before a master plumber and journeyman license shall be issued, the applicant shall be required to submit to and pass an examination as to his or her qualifications and fitness to install plumbing systems and equipment. The examination shall be given under the direction of the plumbing board of appeals and examiners. Any applicant who fails to pass the examination shall not be eligible to take another examination until at least 30 days have elapsed from the date of the last examination.
(b) Applications for exams shall be made at least two weeks prior to the examination date. The examination must be completed within 90 days of the application submittal date. Failure to complete the examination within 90 days shall result in the forfeiture of the examination application fee and the application will be deemed null and void.
(c) After passing the examination, applicants shall secure the license within 90 days after receiving the exam results.
(1992 Code, § 33-11) (Ord. 77-95, passed 6-5-1995; Ord. 16-98, passed 2-2-1998; Ord. 105-08, passed 8-18-2008; Ord. 130-15, passed 12-15-2015; Ord. 11-17, passed 1-10-2017)
§ 150.312 INSTALLATION BY OWNER.
(a) Owners may install plumbing systems or equipment on the premises of a single-family residence which they occupy or will occupy as their own home. All equipment installed by the owner shall be for the owner without compensation from or to any other persons for labor or installation except a qualified city licensed plumber. Installation by an owner shall comply with the requirements of this Code. The owner shall file plans, apply for and secure a permit, pay fees, and call for all inspections in the manner provided in this Code.
(b) After the work has been commenced, the owner shall make arrangements for the plumbing inspector to inspect the installation. Failure to arrange for an inspection shall cause the permit to expire by limitation and become null and void and the work shall be presumed unsafe.
(c) All homeowner permits shall expire and become null and void if the work authorized by such permit is not commenced within 180 days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the permit is commenced for a period of 180 days, and all work which has not received a final inspection shall be presumed unsafe.
(1992 Code, § 33-12) (Ord. 77-95, passed 6-5-1995; Ord. 114-96, passed 10-7-1996; Ord. 16-98, passed 2-2-1998; Ord. 118-01, passed 12-10-2001; Ord. 43-05, passed 4-18-2005; Ord. 130-15, passed 12-15-2015; Ord. 11-17, passed 1-10-2017)
§ 150.313 SUSPENSION OR REVOCATION OF LICENSE.
The chief building services official may suspend, revoke or refuse to renew a license if he or she finds:
(a) In his or her discretion that the order is in the public interest; and
(b) Based upon substantial evidence presented, the applicant, or licensee:
(1) Has violated any applicable provision of this Code, city ordinance, rule, regulation or state law;
(2) Has engaged in any fraudulent, deceptive or dishonest act or practice;
(3) Has filed an application for a license which is incomplete in any material respect or contains statements which are false or misleading;
(4) Fails to file with the chief building services official the necessary bonds or certificates of insurance;
(5) Fails to provide copies of records in the person’s possession related to a matter under investigation;
(6) Fails to pay inspection and permit fees in a timely manner as determined by the chief building services official;
(7) Fails to respond to a directive or lawful order of the building official; and
(8) Fails to employ a master plumber.
(1992 Code, § 33-13) (Ord. 77-95, passed 6-5-1995; Ord. 114-96, passed 10-7-1996; Ord. 16-98, passed 2-2-1998; Ord. 118-01, passed 12-10-2001; Ord. 105-08, passed 8-18-2008; Ord. 11-17, passed 1-10-2017)
§ 150.314 ADMINISTRATIVE APPEAL OF LICENSE SUSPENSION, REVOCATION OR REFUSAL TO RENEW.
(a) A party whose license is suspended, revoked or refused renewal may appeal that decision to the plumbing board of appeals and examiners.
(b) Appeals shall be commenced by filing a written appeal with the department within ten days of the decision. The appeal shall include a statement of the action complained of, why the action should be modified or rescinded, whether the appellant desires an open or closed hearing, and an address where the appeal any can be mailed notice of hearings. The department shall immediately deliver a copy of the appeal to the city attorney who will act as legal counsel for the board.
(1992 Code, § 33-14) (Ord. 77-95, passed 6-5-1995; Ord. 114-96, passed 10-7-1996; Ord. 16-98, passed 2-2-1998; Ord. 118-01, passed 12-10-2001; Ord. 11-17, passed 1-10-2017)
§ 150.315 TIME OF HEARING AND NOTICE.
A public hearing, or a closed hearing if the board determines it is necessary, shall be held on all appeals within 15 working days after the filing of the appeal, unless a later date is agreed upon by the appellant and the board. The department shall cause written notice of the date, time and place of the hearing to be served upon the appellant by personal service or certified mail to the address set forth in the appeal at least five days before the hearing date.
(1992 Code, § 33-15) (Ord. 114-96, passed 10-7-1996; Ord. 11-17, passed 1-10-2017)
§ 150.316 HEARING PROCEDURES.
The following rules shall govern the procedures for an administrative hearing on matters concerning license suspension, revocation or refusal to renew.
(a) Hearings and administrative appeals need not be conducted according to the technical rules relating to evidence and witnesses.
(b) Oral evidence shall be taken only on oath or affirmation.
(c) The chairperson of the board or the board recorder shall administer oaths or affirmations to witnesses.
(d) Any relevant evidence shall be admitted if it is the type of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence after objection in civil actions in courts of competent jurisdiction in this state.
(e) Irrelevant and unduly repetitious evidence and evidence that lacks trustworthiness shall be excluded.
(f) The appellant, the major organization unit or agency, and any other party to an appeal shall have these rights among others:
(1) To call and examine witnesses on any matter relevant to the issue of the hearing;
(2) To introduce documentary and physical evidence;
(3) To cross examine opposing witnesses on any matter relevant to the issues of the hearing; and
(4) To rebut evidence.
(g) After each appeal hearing, the board or hearing examiner shall perform the following:
(1) Make written findings of fact; and
(2) Based upon the written findings, sustain, remand for further hearing or action, or rescind the complained action or decision. The board may in its discretion waive the payment of any reinstatement or late penalty fee.
(h) A written report of the decision, including the findings of fact, shall be furnished to the appellant and the chief building services official within 15 working days from the date the appeal hearing is closed. The city and the appellant shall bear their own respective costs of the appeal proceeding. The decision of the board shall be final.
(1992 Code, § 33-16) (Ord. 114-96, passed 10-7-1996; Ord. 105-08, passed 8-18-2008; Ord. 11-17, passed 1-10-2017)
§ 150.317 APPEAL TO CIRCUIT COURT.
The decision of the board or the hearing examiner is subject to judicial review as provided by law.
(1992 Code, § 33-17) (Ord. 114-96, passed 10-7-1996; Ord. 30-07, passed 2-20-2007; Ord. 11-17, passed 1-10-2017)
§ 150.401 ADOPTED.
(a) The International Swimming Pool and Spa Code, 2021 edition, as published by the International Code Council Inc., and amendments and additions thereto as provided in this subchapter, are hereby adopted as the swimming pool and spa code by the city for regulating and governing the design, construction, alteration, repair, and maintenance of swimming pools, spas, hot tubs, and aquatic facilities, as herein provided and provides for the issuance of permits and the collection of fees therefor.
(b) The adoption of the International Swimming Pool and Spa Code, 2021 edition, will become effective January 1, 2022. The minimum building standards in the 2021 edition of the International Swimming Pool and Spa Code and amendments thereto shall be applied to any building permit issued after December 31, 2021.
(c) The city shall publish this ordinance, without attachments, after its passage. The attachments are on file and available for inspection at the office of the city clerk.
(Ord. 142-21, passed 11-16-2021)
§ 150.402 AMENDMENTS, ADDITIONS, AND DELETIONS TO THE 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE.
The following sections and subsections of the swimming pool and spa code adopted in this subchapter shall be amended, added, or deleted as follows. All other sections or subsections of the 2021 International Swimming Pool and Spa Code shall remain the same.
[A] 101.1 Title. These regulations shall be known as the swimming pool and spa code of the city of Sioux Falls, hereinafter referred to as "this code."
[A] 102.7 Application of the International Codes. Where the International Residential Code is referenced in this code, the provisions of the International Residential Code shall apply to related systems in detached one- and two-family dwellings and town houses not more than three stories in height. Other related systems shall comply with the applicable International Code, National Electric Code, Uniform Plumbing Code, or referenced standard.
[A] 103.1 Creation of agency. Building services is hereby created and the official in charge thereof shall be known as the code official. The function of the agency shall be in the implementation, administration, and enforcement of the provisions of this code.
[A] 103.2 Appointment. Not adopted by the city.
[A] 104.8 Liability. The code official, member of the board of appeals, or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered civilly or criminally liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties.
This code shall not be construed to relieve from or lessen the responsibility of any person owning, operating, or controlling any building or structure for any damages to persons or property caused by defects, nor shall the code enforcement agency or the city be held as assuming any such liability by reason of the inspection authorized by this code or any permits or certificates issued under this code.
[A] 104.8.1 Legal defenses. Any suit or criminal complaint instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be afforded all the protection provided by the city's insurance pool and immunities and defenses provided by other applicable state and federal laws and shall be defended by legal representatives of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for cost in any action, suit, or proceeding that is instituted in pursuance of the provisions of this code.
[A] 104.11 Alternative materials, design, and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any design or material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design, or method of construction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method, or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, durability, and safety.
[A] 104.12.4 Construction documents. The registered design professional shall submit to the code official one complete set of signed and sealed construction documents in an electronic submittal in PDF format for the alternative engineered design.
[A] 104.12.5 Design approval. Where the code official determines that the alternative engineered design conforms to the intent of this code, the system shall be approved. If the alternative engineered design is not approved, the code official shall notify the registered design professional, stating the reasons why the alternative was not approved.
[A] 105.4.1 Approved construction documents. When the code official issues the permit where construction documents are required, the construction documents shall be retained by the building official and be considered as approved. Such approved construction documents shall not be changed, modified, or altered without authorization from the code official. Work shall be done in accordance with the approved construction documents.
The code official shall have the authority to issue a permit for the construction of a part of a system before the entire construction documents for the whole system have been submitted or approved, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holders of such permit shall proceed at their own risk without assurance that the permit for the entire system will be granted.
[A] 106.1 Construction documents. Construction documents, engineering calculations, diagrams, and other such data shall be submitted electronically in PDF format with each application for a permit. The code official shall require construction documents, computations, and specifications to be prepared and designed by a registered design professional where required by state law. Construction documents shall be drawn to scale and shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and show in detail that the work conforms to the provisions of this code.
[A] 106.2 Retention of construction documents. One set of approved construction documents shall be retained by the code official for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local laws.
[A] 108.2 Schedule of permit fees. The fees for work shall be as indicated in Table No. 1-A Residential Building Permit Fees or Table No. 1-B as indicated in Section [A] 109.2 of the adopted International Building Code § 150.015.
[A] 108.4 Work commencing before permit issuance. Any person who commences any work on a mechanical system before obtaining the necessary permits shall be subject to a fee as established by the code official that shall be in addition to the required permit fees. Administrative citations and legal and/or civil proceedings may also be commenced.
[A] R108.7 Delinquent accounts. The administrative authority may refuse to issue permits or conduct inspections for any person or business whose account is delinquent.
[A] 111.1 General. In order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the application and interpretation of this code, to review all proposed changes to the respective codes and to submit recommendations to the responsible official and the city council, to examine applicants for licensing, and to investigate matters brought before the board, there shall be and is hereby created a board of appeals and examiners. The building official shall be an ex officio member of said board but shall not have a vote on any matter before the board. Members shall be appointed by the mayor with the consent of the city council and shall hold office for a term of three years. The board shall adopt rules of procedure for conducting its business, and shall render decisions and findings in writing to the appellant with a duplicate copy to the building official.
[A] 112.1 Membership of board. Not adopted by the city.
[A] 113.3 Prosecution of violation. If the notice of violation is not complied with promptly, the code official shall request the legal counsel of the jurisdiction to deem the violation as a strict liability offense and institute the appropriate proceeding at law or in equity to restrain, correct, or abate such violation, or to require the removal or termination of the unlawful pool or spa in violation of the provisions of this code or of the order or direction made pursuant thereto.
[A] 113.4 Violation penalties. Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, or repair a pool or spa in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of an ordinance violation and be subject to administrative citations through the code enforcement process.
Section 202 Definitions. Add the following definitions:
STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited or failed to do an act which the defendant was legally required to do.
302.1 Electrical. Electrical requirements for aquatic facilities shall be in accordance with NFPA 70, as applicable in accordance with Section 102.7.1.
Exception: Internal wiring for portable residential spas and portable residential exercise spas.
302.2 Water service and drainage. Piping and fittings used for water service, makeup, and drainage piping for pools and spas shall comply with the Uniform Plumbing Code. Fittings shall be approved for installation with the piping installed.
302.5 Backflow protection. Water supplies for pools and spas shall be protected against backflow in accordance with the Uniform Plumbing Code, as applicable in accordance with Section 102.7.1.
302.6 Wastewater discharge. Where wastewater from pools or spas, such as backwash water from filters and water from deck drains discharge to a building drainage system, the connection shall be through an air gap in accordance with the Uniform Plumbing Code as applicable in accordance with Section 102.7.1.
SECTION 303 ENERGY. Not adopted by the city
305.1 General. The provisions of this section shall apply to the design of barriers for restricting entry into areas having pools and spas. Where spas or hot tubs are equipped with a lockable safety cover complying with ASTM F1346, the areas where those spas or hot tubs are located shall not be required to comply with Sections 305.2 through 305.7.
306.9.1 Hose bibbs. Hose bibbs shall be provided for rinsing down the entire deck and shall be installed in accordance with the Uniform Plumbing Code, as applicable in accordance with
Section 102.7.1, and shall be located not greater than 150 feet (45,720 mm) apart. Water-powered devices, such as water-powered lifts, shall have a dedicated hose bibb water source.
Exception: Residential pools and spas shall not be required to have hose bibbs located at 150 foot (45,720 mm) intervals, or have a dedicated hose bibb for water-powered devices.
410.1 Toilet facilities. Class A and B pools shall be provided with toilet facilities having the required number of plumbing fixtures in accordance with the International Building Code.
609.1 General. Dressing and sanitary facilities shall be provided in accordance with the minimum requirements of the International Building Code and Sections 609.2 through 609.9.
609.2 Number of fixtures. The minimum number of required water closets, urinals, lavatory, and drinking fountain fixtures shall be provided as required by the International Building Code, and the dressing facilities and number of cleansing and rinse showers shall be provided in accordance with Sections 609.2.1, 609.2.2, and 609.3.1.
(Ord. 142-21, passed 11-16-2021)
§ 150.999 PENALTY.
(a) Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.999.
(1992 Code, § 11-106) (Ord. 112-03, passed 11-17-2003)