§ 26-1-9. Amendments to the International Building Code/2009(IBC).

The following amendments are hereby made to the International Building Code/2009(IBC), adopted by Section 26-1-1:

(a)

Insert the words "City of Concord" in place of "[name of jurisdiction]" in Section "101.1, Title."

(b)

Amend Section "103.1 Creation of enforcement agency" by inserting the following two (2) sentences after the first and only sentence:

All references to the "Department of Building Safety" shall mean the Code Administration Division of the Community Development Department. All references to the "Building Official" shall mean the Code Administrator.

(c)

Delete in their entireties Sections "103.3 Deputies" and "104.7 Department records."

(d)

Delete Section "105.2 Work exempt from permit, Building Item 1" in its entirety and insert new item number "1" as follows:

1.

One-story detached playhouses and similar uses provided the height does not exceed 12 feet (3.66 m) and the floor area does not exceed 60 square feet (5.57 m ).

(e)

Delete Section "105.2 Work exempt from permit, Building Item 2" in its entirety and insert new item number "2" as follows:

2.

Fences

(f)

Delete Section "105.2 Work exempt from permit, Building Item 7" in its entirety and insert new item number "7" as follows:

7.

Painting, papering, tiling, carpeting, cosmetic trim work and similar finish work, nonstructural roof coverings, and nonstructural exterior building siding.

(g)

Delete Sections "112.1 General," "112.2 Limitations on authority," and "112.3 Qualifications" in their entireties and insert in place thereof the following:

112.1 Means of Appeal. Appeals from any decision of the Code Administrator made under the provisions of this Code shall be to the Board of Appeal established by Article 26-4 of the Building Code, and shall be governed by the provisions of that Article and RSA 673, 674 and 677.

(h)

Delete Sections "113.2 Notice of Violation," "113.3 Prosecution of Violation," and "113.4 Violation Penalties" in their entireties and insert in place thereof the following:

113.2 Violations: Whenever a violation of this Building Code occurs or is alleged to occur, any person may file a written complaint. Such complaint, stating fully the cause and basis thereof shall be filed with and recorded by the Code Administrator. Upon being informed of a possible violation or upon personal initiative, the Code Administrator may make or cause to be made an investigation of the alleged violation. If the Code Administrator determines that there is a violation, the Code Administrator may issue an order to the person responsible for the violation as provided for in RSA 66:17-a, that the violator cease and desist or otherwise abate said violation, or may give notice as provided for in RSA 676:17-b, informing the person responsible that a violation exists and ordering that the violator abate said violation within a reasonable time determined by the Code Administrator. If after such notice and order such violation has not been abated within the time specified, the Code Administrator may institute injunction, abatement, or other appropriate action as provided for in RSA 676:15, to enjoin, abate, or remove said violation, or may issue a summons as provided for in RSA 676:17, or may issue a citation as provided for in RSA 676:17-b, or any combination of the three.

113.3 Penalties: Any person or corporation, whether as principal, agent, occupant, employee, or otherwise who violates any provisions of this Building Code shall pay a civil penalty for each offense not to exceed the limits as provided for in RSA 676:17, I (b).

(i)

Delete Section "114.3 Unlawful Continuance" in its entirety and insert in its place the following:

114.3 Unlawful Continuance: Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of a separate offense for failure to comply with the order, and shall be subject to the penalties and abatement procedures of Sections 113.2 and 113.3.

(j)

Insert the following new Section "115.6 Disregard of Notice":

115.6 Disregard of Notice: Any person who has been issued an unsafe notice and who refuses or neglects to comply with the requirements of the order to abate the unsafe condition, shall be guilty of a separate offense for failure to comply with the order, and shall be subject to the penalties and abatement procedures of Sections 113.2 and 113.3.

(k)

Insert the following new "Section 116 Conditions of Permit":

SECTION 116 CONDITIONS OF PERMIT

116.1 Compliance with all City of Concord codes and ordinances. Building permits are issued on the express condition that all work performed under the permit shall be performed in a manner that complies with all city ordinances. A violation of any city ordinance in the course of performing work under a permit shall be considered a violation of the Building Code and shall be subject to the enforcement provisions, penalties and abatement procedures of Sections 113.2 and 113.3.

116.2 Violations. Each permit holder shall be responsible for the conduct of all persons and of all subcontractors under hire by the permit holder to ensure compliance with all requirements of this Code. Each person and each subcontractor shall also be individually responsible for compliance with those requirements of this code for which that person or subcontractor has control. Any person who violates any city ordinance in the course of performing work under a permit shall be considered in violation of the Building Code and shall be subject to the enforcement provisions, penalties, and abatement procedures of Sections 113.2 and 113.3.

(l)

Insert the following new "Section 424 Manufactured Units":

SECTION 424 MANUFACTURED UNITS

424.1 General: All nonresidential manufactured units shall comply fully with this Building Code.

424.2 Construction: Manufactured housing shall be designed and constructed to comply with all the requirements of the U.S.A. Manufactured Home Construction and Safety Standards (24 CFR Part 3280).

424.3 Location: Manufactured housing shall be located and installed in accordance with RSAs 31:116, 47:22-b, and 674:32, and in accordance with Title IV of the CODE OF ORDINANCES, Chapter 28, Zoning Code.

424.3.1 Anchorage and tie-down: Every parking space for mobile units shall be provided with devices for anchoring the unit to prevent overturning or uplift. The owner of the parking space shall anchor or cause to be anchored all mobile units located on the parking space. Where concrete platforms are provided for the parking of mobile units, anchorage shall be provided by eyelets embedded in the concrete with adequate anchor plates or hooks, or other suitable means. The anchorage shall be adequate to withstand wind forces and uplift as required in Chapter 16 for buildings and structures, based upon the size and weight of the units.

(m)

Delete "Table 503 ALLOWABLE HEIGHT AND BUILDING AREAS" in its entirety and insert in place thereof "TABLE 503 revised for the NH STATE BUILDING CODE, ALLOWABLE HEIGHT AND BUILDING AREAS."

ALLOWABLE HEIGHTS AND BUILDING AREAS

(n)

Delete "Section 506, AREA MODIFICATIONS" in its entirety and insert in its place the following "SECTION 506 AREA MODIFICATIONS."

SECTION 506 AREA MODIFICATIONS

506.1 General. The provisions of this section shall modify the area limitations of Table 503 as herein specified.

506.2 Street frontage increase. Where a building or structure has more than 25 percent of the building perimeter fronting on a street or other unoccupied space, the area limitations specified in Table 503 shall be increased 2 percent for each 1 percent of such excess frontage. The unoccupied space shall be on the same lot or shall be dedicated for public use, shall not be less than 30 feet (9,144 mm) in width, and shall have access from a street by a posted fire lane not less than 18 feet (5,486 mm) in width.

506.3 Automatic sprinkler system. Where a building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1, the area limitations specified in Table 503 shall be increased 200 percent for one- and two-story buildings and 100 percent for buildings more than two stories in height.

Exceptions:

1.

The automatic sprinkler system increase shall not apply to buildings with occupancy in Use Group H-1.

2.

The automatic sprinkler system increase shall not apply to any fire area with occupancy in Use Group H-2 or H-3.

(o)

Insert the following new Section "1608.2.1 Ground Snow Loads":

1608.2.1 Minimum Ground Snow Loads. The ground snow loads to be used in determining the design snow loads for roofs shall equal or exceed those given in the U.S. Army Corps of Engineering, Engineer Research and Development Center, Cold Regions Research and Engineering Laboratory Publication ERDC/CREEL TR-02-6. In all cases, the actual snow load shall be approved by the building official.

(p)

Delete Section "1612.3 Establishment of flood hazard areas" in its entirety and insert in its place the following Section "1612.3 Establishment of flood hazard areas"

1612.3 Establishment of flood hazard areas. To establish flood hazard areas, the governing body shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas and elevations of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled "The Flood Insurance Study for the County of Merrimack, New Hampshire," with an effective date of April 19, 2010, as amended or revised with the accompanying Flood Insurance Rate Map (FIRM). The adopted flood hazard maps and supporting data are hereby adopted by reference and declared to be a part of this section.

(q)

Insert the following new Section "1612.3.1 Special Flood Hazard requirements":

1612.3.1 Special Flood Hazard Requirements: All buildings, structures, development, and uses within the City's flood hazard areas shall comply with, and be limited by, Article 28-3-2 FLOOD HAZARD (FH) DISTRICT of the City of Concord Zoning Ordinance, including specifically identified "prohibited uses" and specifically identified raised minimum elevations.

(r)

Insert the date "May 12, 1981" in place of "[DATE TO BE INSERTED BY THE JURISDICTION.] (Note: it is recommended that this date coincide with the effective date of building codes within the jurisdiction)" in Section "3409.2 Applicability."

(s)

Adopt "APPENDIX G, SECTION G101 ADMINISTRATION, SECTION G102 APPLICABILITY", SECTION G103 POWERS AND DUTIES (excluding Section G103.7 Alterations in coastal areas and Section G103.8 Records), Section G401.1 Development in floodways, and SECTION G501 MANUFACTURED HOMES" as a part of this Code.

(t)

Adopt "APPENDIX H, SECTION H105 DESIGN AND CONSTRUCTION, and SECTION H106 ELECTRICAL" as a part of this Code.

(Ord. No. 2478, § III, 7-14-03; Ord. No. 2696, § II, 3-10-08; Ord. No. 2799, §§ I, II, 7-12-10; Ord. No. 2820, §§ II, III, 3-14-11; Ord. No. 3030, § I, 2-11-19)

Editor's note

Section III of Ord. No. 2478, adopted July 14, 2003, deleted § 26-1-11 which pertained to amendments to the BOCA National Building Code/1993, and derived from Ord. No. 1434, adopted May 12, 1981; an ordinance of Dec. 10, 1984; Ord. No. 1941, adopted Oct. 15 1991; Ord. No. 2056, adopted July 12, 1993; Ord. No. 2198, adopted July 15, 1996; and Ord. No. 2379, adopted April 16, 2001. Section III then enacted new provisions to be inserted as § 26-1-9.