ADOPTS WITH AMENDMENTS:

International Green Construction Code 2012 (IGCC 2012)

Heads up: There are no amended sections in this chapter.

Part 1 — Scope and Application

These regulations shall be known as the Green Construction Code of [NAME OF JURISDICTION] hereinafter referred to as "this code."
This code is an overlay document to be used in conjunction with the other codes and standards adopted by the jurisdiction. This code is not intended to be used as a standalone construction regulation document and permits are not to be issued under this code. This code is not intended to abridge or supersede safety, health or environmental requirements under other applicable codes or ordinances.

101.3 Scope

Amendment
This section has been amended by the state, county, or city.
This Code shall apply for use on a voluntary basis to the design, construction, addition, alteration, change of occupancy, relocation, replacement, repair, equipment, building site, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures and to the site on which the building is located. Additions, alterations or repairs to any structure shall conform to the requirements for a new structure without requiring the existing structure to comply with all of the requirements of this Code, unless otherwise stated. Additions, alterations or repairs shall not cause an existing structure to become unsafe or adversely affect the performance of the building. Quality control of materials and workmanship is not within the scope of this Code except as related to the purposes stated herein. Occupancy classifications shall be determined in accordance with the International Building Code.
In lieu of the requirements of this code the following shall be deemed-to-comply with this code:
  1. Group R-2 and R-4 residential buildings five stories or more in height above grade plane, their accessory structures, and the site or lot upon which these buildings are located that comply with ICC 700, with a minimum energy efficiency category requirements of the Silver performance level or equivalent.
  2. Group R-2 and R-4 portions of mixed use buildings that comply with ICC 700, with a minimum energy efficiency category requirements of the Silver performance level or equivalent. The remainder of the building and the site upon which the building is located shall comply with the provisions of this code.
Provisions in the appendices shall not apply unless specifically adopted.
This code is intended to safeguard the environment, public health, safety and general welfare through the establishment of requirements to reduce the negative impacts and increase the positive impacts of the built environment on the natural environment and building occupants. This code is not intended to abridge or supersede safety, health or environmental requirements under other applicable codes or ordinances.
Where there is a conflict between a general requirement and a specific requirement of this code, the specific requirement shall be applicable. Where, in any specific case, different sections of the code specify different materials, methods of construction or other requirements, the most practical requirement to meet the intent of the code shall govern.
The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law.
References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code.
The following codes shall be considered part of the requirements of this code: the International Building Code, the International Code Council Performance Code® (ICCPC®), the International Energy Conservation Code® (IECC®), the International Existing Building Code® (IEBC®), the International Fire Code® (IFC®), the International Fuel Gas Code® (IFGC®), the International Mechanical Code® (IMC®), the International Plumbing Code® (IPC®), International Property Maintenance Code® (IPMC®), and the International Residential Code® (IRC®).
Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code or the International Codes listed in Section 102.4, the provisions of this code or the International Codes listed in Section 102.4, as applicable, shall take precedence over the provisions in the referenced code or standard.
In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.
The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the International Building Code, the International Existing Building Code, the International Property Maintenance Code or the International Fire Code, or as is deemed necessary by the code official for the general safety and welfare of building occupants and the public.
In mixed occupancy buildings, each portion of a building shall comply with the specific requirements of this code applicable to each specific occupancy.

Part 2 — Administration and Enforcement

Section 103 Duties and Powers of the Building Official

Amendment
This section has been amended by the state, county, or city.
The code official established in the International Building Code is hereby authorized and directed to enforce the provisions of this code. The code official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions and how this code relates to other applicable codes and ordinances. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code and other applicable codes and ordinances. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code or other applicable codes and ordinances.
The code official shall enforce compliance with the provisions of this code as part of the enforcement of other applicable codes and regulations, including the referenced codes listed in Section 102.4.
The code official shall issue all necessary notices or orders to ensure compliance with this code.
The code official shall make inspections, as required, to determine code compliance, or the code official shall have the authority to accept reports of inspection by approved agencies or individuals. The code official is authorized to engage such expert opinion as deemed necessary to report on unusual technical issues that arise, subject to the approval of the appointing authority.
The content and format of construction documents shall comply with the International Building Code.
This code is not intended to prevent the use of any material, method of construction, design, system, or innovative approach not specifically prescribed herein, provided that such construction, design, system or innovative approach has been approved by the code official as meeting the intent of this code and all other applicable laws, codes and ordinances.
Materials, equipment, devices and innovative approaches approved by the code official shall be constructed, installed and maintained in accordance with such approval.
The use of used materials, products and equipment that meet the requirements of this code for new materials is permitted. Used equipment and devices shall be permitted to be reused subject to the approval of the code official.
Wherever 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 the code official shall first find that special individual reason makes the strict letter of this code impractical and that the modification is in compliance with the intent and purpose of this code and that such modification does not lessen the minimum requirements of this code. The details of granting modifications shall be recorded and entered in the files of the department.
The provisions of this code are not intended to prevent the installation of any material or to prohibit any design, innovative approach, or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design, innovative approach or method of construction shall be reviewed and 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, design, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code The details of granting the use of alternative materials, designs, innovative approach and methods of construction shall be recorded and entered in the files of the department.
Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources.
Wherever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the code official for the period required for retention of public records.
The code official shall be permitted to approve specific computer software, worksheets, compliance manuals and other similar materials that meet the intent of this code.
The code official or other authority having jurisdiction shall be permitted to deem a national, state or local program to meet or exceed this code. Buildings approved in writing by such a program shall be considered to be in compliance with this code.
The code official or authority having jurisdiction shall be permitted to approve programs or compliance tools for a specified application, limited scope or specific locale. For example, a specific approval shall be permitted to apply to a specific section or chapter of this code.
Any owner or 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 energy, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the code official and obtain the required permit under the applicable code or regulation relevant to the intended work. Separate permits shall not be issued under this code. Exemptions from permit requirements 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 applicable laws, codes or ordinances of this jurisdiction.

107.1 Fees

Amendment
This section has been amended by the state, county, or city.
The fees for work shall be as identified in the Fee Schedule, as adopted by City Council resolution.

108.1 General

Amendment
This section has been amended by the state, county, or city.
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, there shall be and is hereby created a Construction Appeals Board (hereinafter referred to as the "board"). The board shall be appointed by the Mayor and shall hold office at his or her pleasure. The board may adopt rules of procedure for conducting business.

108.2 Limitations on Authority

Amendment
This section has been amended by the state, county, or city.
A person shall have the right to appeal a decision of the building official to the board. 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 have no authority to waive requirements of this code.

108.3 Qualifications

Amendment
This section has been amended by the state, county, or city.

108.3 Application

Amendment
This section has been amended by the state, county, or city.
The application for appeal shall be filed on a form obtained from the building official within thirty (30) days from the calendar date the decision is rendered by the building official. Application for appeal must be filed within ten (10) days prior to the monthly meeting date. In the case of a building or structure that, in the opinion of the building official, is unsafe or dangerous, the building official may, in the order, limit the time for such appeals to a shorter period.

108.4 Qualifications

Amendment
This section has been amended by the state, county, or city.
The board shall consist of nine (9) members appointed by the Mayor and who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction. This board shall consist of the following:
  1. (1) State Registered Architect
  2. (1) Contractor with a Building Contractor's License
  3. (1) Person with experience, training and full knowledge of fire service and/or knowledge of the applicable fire prevention codes as adopted by the City who shall have had at least 10 years' experience within the field represented
  4. Consumer Representative
  5. State Licensed Mechanical Engineer
  6. Licensed Mechanical Contractor
  7. Licensed Plumbing Contractor
  8. State Licensed Electrical Engineer
  9. Licensed Electrical Contractor

108.5 Terms

Amendment
This section has been amended by the state, county, or city.
Board members shall be appointed to staggered terms of five (5) years each, provided that members may be appointed to terms shorter than five (5) years when necessary to provide for staggered terms. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. Board members may continue to serve until reappointed or replaced. Official misconduct, neglect of duty, or continued absence of any member from required meetings of the Board shall, at the discretion of the Mayor, render any such member subject to immediate removal from office.

108.6 Quorum and Voting

Amendment
This section has been amended by the state, county, or city.
A simple majority of the board shall constitute a quorum. In varying any provision of this code, the affirmative votes of the majority present, but not less than three affirmative votes, shall be required. If the board's vote results in a tie, the motion shall fail. In the event of a tied vote, the board shall not be required to continue the item for consideration at a future meeting. A board member shall not act in a case in which said member has a personal, financial, or other interest and shall recuse himself or herself from all participation when the matter is formally presented to the Board for consideration. Any board member who has been recused shall immediately leave the room or shall be seated with the other members of the public who are present. The recused board member shall not give testimony in favor or in opposition of any application being considered by the board. Once the matter has been concluded, the member shall be reseated with the board.

108.7 Secretary of the Board

Amendment
This section has been amended by the state, county, or city.
The building official or designee shall act as secretary of the Board and shall make a detailed record of all of its proceedings, which shall set forth the reasons for its decision, the vote of each member, the absence of a member, and any failure of a member to vote.
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 jurisdiction.
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