ALP

*Cross references—Electricity, ch. 15; fire protection and prevention, ch. 16; historic preservation, ch. 19½; housing, ch. 21; licenses issued by planning and building services, § 23-24; mobile homes, ch. 24; work in mobile home parks exempt from building code, § 24-12; planning, ch. 32; plumbing, ch. 33;

signs

and outdoor advertising, ch. 37; streets and sidewalks, ch. 38; utilities, ch. 41; utility service to comply with technical regulations, § 41-4; permit to raze or remove building connected to utility, § 41-20; storm drainage fee, § 41-80; floodplain management ordinance, ch. 45; subdivisions ordinance, app. A; zoning ordinance, app. B; certificate of occupancy under zoning ordinance, app. B, ch. 15.69; extraterritorial zoning regulations, app. C.

ARTICLE I. RESIDENTIAL CODE*

* Ord. No. 105-08, § 1, adopted August 18, 2008, amended the title of Art. I to read “Residential Code”. Prior to inclusion of said ordinance, Art. I was entitled, "International Residential Code.”

Sec. 11-1. Adopted.

The International Residential Code, 2006 edition—including Appendix E, Appendix G, and Appendix H—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 townhouses not more than three stories in height with a separate means of egress and their accessory structures, and provides for the issuance of permits and the collection of fees therefor. The minimum building standards in the 2006 edition of the International Residential Code and amendments thereto shall be applied to any building permit issued after May 31, 2007.

(Ord. No. 114-01, § 1, 12-10-01; Ord. No. 23-04, § 1, 3-1-04; Ord. No. 30-07, § 1, 2-20-07

Sec. 11-2. Amendments and additions.

The following sections and subsections of the residential building code adopted in this article shall be amended, added, or deleted as follows. All other sections or subsections of the residential building code 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 the International Residential Code for One- and Two-Family Dwellings 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 multiple single-family dwellings (townhouses) not more than three stories above grade in height with a separate means of egress and their accessory structures.

Exception: Existing buildings undergoing repair, alteration or additions, and change of occupancy may be permitted to comply with the International Existing Building Code.

R103.1 Enforcement agency. Building services is hereby created and the official in charge thereof shall be known as the building official.

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 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. Any suit instituted against an 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. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code.

This 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.

R105.1 Required. 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 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 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. Permits shall not be required for the following. Exemption from the 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 the city.

1. One-story detached accessory structures, provided the floor area does not exceed 200 square feet (18.58 m²).

2. Fences not over 6 feet (1,829 mm) high. A fence permit in accordance with the zoning ordinance is required.

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 two to one.

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

9. Window awnings supported by an exterior wall which do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support.

Repairs and maintenance: A permit shall not be required for minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

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.

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.

7. Self-contained refrigeration systems containing ten pounds (4.54 kg) or less of refrigerant or that are actuated by motors of one 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.

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. 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.

R106.1.4 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.

R106.1.5 Foundation reinforcement. Construction for detached one- and two-family dwellings and townhouses shall be provided with the intended reinforcement of foundation walls referenced in Tables 404.1.1(2), 404.1.1(3) and 404.1.1(4) for masonry foundation walls and Table 404.1.1.(5) for concrete foundation walls where the foundation wall exceeds the provisions of Table 404.1.1(1).

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.

(Including Congregate Residences Defined as R-3s and Accessory Group U Occupancies)

1. Inspection outside of normal business hours, per hour* (minimum charge—one hour) . . . $70.00

3. Inspections for which no fee is specifically indicated, per hour* (minimum charge—one-half hour) . . . 70.00

4. Additional plan review required by changes, additions, or revisions to approved plans, per hour* (minimum charge—one-half hour) . . . 70.00

*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.

9. Residential window replacements with no structural modifications (Group R and U occupancies) . . . 20.00

10. 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 authorized agent, the sum of $65.00 to cover the approximate cost of the procedure. Under no condition shall said sum or any part thereof be refunded for failure of said request to be approved.

Exception: Appeals referred to the board from the code for abatement of dangerous buildings.

11. A mileage fee based on the current rate per mile as established by the finance department shall be charged for any inspection occurring outside city limits.

13. Bond claims. An administrative fee shall be charged to cover the administrative cost of filing a claim . . . 150.00

R108.6 Delinquent accounts. The administrative authority may refuse to issue permits or conduct inspections for any person or business whose account is delinquent.

R108.7 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical, or plumbing system before obtaining the necessary permits shall be subject to an additional fee established by the building official that shall be in addition to the required permit fees. Legal and/or civil proceedings may also be commenced.

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.

R110.1 Use and occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has 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 (townhouses). 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. Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the city shall not be valid.

1. Certificates of occupancy are not required for work exempt from permits under Section R105.2.

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. There shall be and is hereby created a 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 this code, to review all proposed 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. The building official shall be an ex officio member of said board but shall have no vote on 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 of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building services department.

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 have no 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.

R202 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.

Roof slopes with a rise of 3 inches (76.2 mm) or less to 12 inches (305 mm) shall be designed for a full or unbalanced snow load of not less than 30 pounds per square foot (1.44 kN/square meter) of horizontal projection. Where a roof system is designed to slope less than 1/4 inch (6.35 mm) per 12 inches (305 mm), a surcharge load of not less five pounds per square foot (0.24 kN/square meter) in addition to the required live load due to snow shall be designed for.

Roof slopes with over 3 inches (76.2 mm) of rise per 12 inches (305 mm) shall be designed for a full or unbalanced snow load of not less than 25 pounds per square foot (1.2 kN/square meter) of horizontal projection.

Potential unbalanced accumulation of snow at valleys, parapets, roof structures, and offsets in roofs of uneven configuration shall be considered.

9. Flood Hazards. (Footnote g). Sioux Falls entered the regular phase of the National Flood Insurance Program on September 17, 1979.

a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column shall be filled in with the weathering index (i.e., "negligible," "moderate," or "severe") for concrete as determined from the Weathering Probability Map [Figure R301.2(3)]. The grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216, or C 652.

b. The frost line depth may require deeper footings than indicated in Figure R403.1(1). 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(4)]. Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4.

e. The outdoor design dry-bulb temperature shall be selected from the columns of 97 ½ percent values for winter from the Plumbing Code. Deviations from the temperatures shall be permitted to reflect local climates or local weather experience as determined by the building official.

f. The jurisdiction shall fill in this part of the table with the Seismic Design Category determined from Section R301.2.2.1.

g. To establish flood hazard areas, the city has adopted 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 engineered report entitled "The Flood Insurance Study for the City of Sioux Falls, SD" dated September 17,1979, as amended or revised with the accompanying Flood Insurance Rate Map (FIRM) 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 the floodplain management ordinance shall prevail.

h. In accordance with Sections R905.2.7.1, 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%) value on the National Climatic Data Center data table, "Air Freezing Index-USA Method (Base 32° Fahrenheit)," at www.ncdc.noaa.gov/fpsf.html.

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 degrees Fahrenheit)," at www.ncdc.noaa.gov/fpsf.html.

For SI: 1 pound per square foot = 0.0479 kPa, 1 square inch = 645 mm², 1 pound = 4.45 N.

a. Elevated garage floors shall be capable of supporting a 2,000-pound load applied over a 20-square-inch area.

b. Attics without storage are those where the maximum clear height between joist and rafter is less than 42 inches, or where there are not two or more adjacent trusses with the same web configuration capable of containing a rectangle 42 inches high by 2 feet wide, or greater, located within the plane of the truss. For attics without storage, this live load need not be assumed to act concurrently with any other live load requirements.

c. Individual stair treads shall be designed for the uniformly distributed live load or a 300-pound concentrated load acting over an area of 4 square inches, whichever produces the greater stresses.

d. A single concentrated load applied in any direction at any point along the top.

f. Guard in-fill components (all those except the handrails), 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. For attics with limited storage and constructed with trusses, this live load need be applied only to those portions of the bottom chord where there are two or more adjacent trusses with the same web configuration capable of containing a rectangle 42 inches high or greater by 2 feet wide or greater, located within the plane of the truss. The rectangle shall fit between the top of the bottom chord and the bottom of any other truss member, provided that each of the following criteria is met:

1. The attic area is accessible by a pull-down stairway or framed opening in accordance with Section R807.1; and

h. Attic spaces served by a fixed stair shall be designed to support the minimum live load specified for sleeping rooms.

i. Glazing used in handrail assemblies and guards shall be designed with a safety factor of 4. The safety 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.

R302.1 Exterior walls. Construction, projections, openings, and penetrations of exterior walls of dwellings and accessory buildings shall comply with Table R302.1. These provisions shall not apply to walls, projections, openings, or penetrations in walls that are perpendicular to the line used to determine the fire separation distance. Projections beyond the exterior wall shall not extend more than 12 inches (305 mm) into the areas where openings are prohibited.

1. Detached tool and storage sheds, playhouses, and similar structures exempted from permits not required to provide wall protection based on location on the lot. Projections beyond the exterior wall shall not extend over the lot line.

2. Detached garages accessory to a dwelling located within 2 feet of a lot line may have roof eave projections not exceeding 4 inches.

R303.6.1 Light activation. Where lighting outlets are installed in interior stairways, there shall be a wall switch at each floor level to control the lighting outlet where the stairway has six or more risers. The illumination of exterior stairways shall be controlled from inside the dwelling unit.

Exception: Lights that are continuously illuminated or automatically controlled.

R308.4 Hazardous locations. The following shall be considered specific hazardous locations for the purposes of glazing:

2. Glazing in fixed and sliding panels of sliding door assemblies and panels in sliding and bifold closet door assemblies.

5. Glazing in doors and enclosures for hot tubs, whirlpools, saunas, steam rooms, bathtubs, and showers. Glazing in any part of a building wall enclosing these compartments where the bottom exposed edge of the glazing is less than 60 inches (1524 mm) measured vertically above any standing or walking surface.

6. Glazing in an individual fixed or operable panel adjacent to a door where the nearest vertical edge is within a 24-inch (610 mm) arc of the door in a closed position and whose bottom edge is less than 60 inches (1524 mm) above the floor or walking surface.

7. Glazing in an individual fixed or operable panel, other than those locations described in Items 5 and 6 above, that meets all of the following conditions:

7.4. One or more walking surfaces within 36 inches (914 mm) horizontally of the glazing.

8. All glazing in railings regardless of an area or height above a walking surface. Included are structural baluster panels and nonstructural infill panels.

9. Glazing in walls and fences enclosing indoor and outdoor swimming pools, hot tubs, and spas where the bottom edge of the glazing is less than 60 inches (1524 mm) above a walking surface and within 60 inches (1524 mm) horizontally of the water's edge. This shall apply to single glazing and all panes in multiple glazing.

10. Glazing adjacent to stairways, landings, and ramps within 36 inches (914 mm) horizontally of a walking surface when the exposed surface of the glass is less than 60 inches (1524 mm) above the plane of the adjacent walking surface.

11. Glazing adjacent to stairways within 60 inches (1524 mm) horizontally of the bottom tread of a stairway in any direction when the exposed surface of the glass is less than 60 inches (1524 mm) above the nose of the tread.

Exception: The following products, materials, and uses are exempt from the above hazardous locations:

3. Glazing in Section R308.4, Item 6, when there is an intervening wall or other permanent barrier between the door and the glazing.

4. Glazing in Section R308.4, Item 6, in walls perpendicular to the plane of the door in a closed position, other than the wall toward which the door swings when opened, or where access through the door is to a closet or storage area 3 feet (914 mm) or less in depth. Glazing in these applications shall comply with Section R308.4, Item 7.

5. Glazing in Section R308.4, Items 7 and 10, when a protective bar is installed on the accessible side(s) of the glazing 36 inches ± 2 inches (914 mm ± 51 mm) above the floor. The bar shall be capable of withstanding a horizontal load of 50 pounds per linear foot (730 N/m) without contacting the glass and be a minimum of 1½ inches (38 mm) in height.

6. Outboard panes in insulating glass units and other multiple glazed panels in Section R308.4, Item 7, when the bottom edge of the glass is 25 feet (7620 mm) or more above grade, a roof, walking surfaces, or other horizontal [within 45 degrees (0.79 rad) of horizontal] surface adjacent to the glass exterior.

7. Louvered windows and jalousies complying with the requirements of Section R308.2.

8. Mirrors and other glass panels mounted or hung on a surface that provides a continuous backing support.

9.1. The side of a stairway, landing, or ramp has a guardrail or handrail, including balusters or in-fill panels, complying with the provisions of Sections 1013 and 1607.7 of the International Building Code; and

9.2. The plane of the glass is more than 18 inches (457 mm) from the railing; or

9.3. When a solid wall or panel extends from the plane of the adjacent walking surface to 36 inches (914 mm) above the floor and the construction at the top of that wall or panel is capable of withstanding the same horizontal load as the protective bar.

R310.1 Emergency escape and rescue required. Basements and every sleeping room shall have at least one operable emergency and rescue opening. Such opening shall open directly into a public street, public alley, yard, or court. Where basements contain one or more sleeping rooms, emergency egress and rescue openings shall be required in each sleeping room, but shall not be required in adjoining areas of the basement. Where emergency escape and rescue openings are provided, they shall have a sill height of not more than 48 inches (1,220 mm) above the floor. Where a door opening having a threshold below the adjacent ground elevation serves as an emergency escape and rescue opening and is provided with a bulkhead enclosure, the bulkhead enclosure shall comply with Section R310.3. The net clear opening dimensions required by this section shall be obtained by the normal operation of the emergency escape and rescue opening from the inside. Emergency escape and rescue openings with a finished sill height below the adjacent ground elevation shall be provided with a window well in accordance with Section R310.2. Emergency escape and rescue openings shall open directly into a public way, or to a yard or court that opens to a public way.

Exception: Basements used only to house mechanical equipment and not exceeding total floor area of 200 square feet (18.58 m²).

R310.1.1 Minimum opening area. All emergency escape and rescue openings shall have a minimum net clear opening of 5.0 square feet (0.465 m²).

R310.2.1 Ladder and steps. Window wells with a vertical depth greater than 48 inches (1,220 mm) shall be equipped with a permanently affixed ladder or steps usable with the window in the fully open position. Ladders or steps required by this section shall not be required to comply with Sections R311.5 and R311.6. Ladders or rungs shall have an inside width of at least 12 inches (305 mm), shall project at least three inches (76 mm) from the wall and shall be spaced not more than 18 inches (457 mm) on center vertically for the full height of the window well.

R311.4.3 Landings at doors. There shall be a floor or landing on each side of each exterior door. The floor or landing at the exterior door shall not be more than 1.5 inches (38 mm) lower than the top of the threshold. The landing shall be permitted to have a slope not to exceed 0.25 unit vertical in 12 units horizontal (2 percent).

1. Where a stairway of two or fewer risers is located on the exterior side of a door, other than the required exit door, a landing is not required for the exterior side of the door provided the door, other than an exterior storm or screen door, does not swing over the stairway.

2. The exterior landing at an exterior doorway shall not be more than 8 inches (202 mm) below the top of the threshold, provided the door, other than an exterior storm or screen door, does not swing over the landing.

3. The height of floors at exterior doors, other than the exit door, required by Section R311.4.1 shall not be more than 8 inches (202 mm) lower than the top of the threshold.

R311.5.3.1 Riser height. The maximum riser height shall be 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).

R311.5.3.3 Profile. The radius of curvature at the leading edge of the tread shall be no greater than 9/16-inch (14.3 mm). A nosing not less than 3/4-inch (19 mm) but not more than 1 1/4-inch (32 mm) shall be provided on stairways with solid risers. The greatest nosing projection shall not exceed the smallest nosing projection by more than 3/8-inch (9.5 mm) between two stories, including the nosing at the level of floors and landings. Beveling of nosing shall not exceed 1/2 inch (12.7 mm). Risers shall be vertical or sloped from the underside of the leading edge of the tread above at an angle not more than 30 (0.51 rad) degrees from the vertical. Open risers are permitted.

Exception: A nosing is not required where the tread depth is a minimum of ten inches (255 mm).

R311.5.6.2 Continuity. Handrails for stairways shall extend the full length of the flight, from a point directly above the top riser of the flight to a point directly above lowest riser of the flight. Handrail ends shall be returned or shall terminate in newel posts or safety terminals. Handrails adjacent to a wall shall have a space of not less than 1 1/2 inch (38 mm) between the wall and the handrails.

2. The use of a volute, turnout, starting easing or starting newel shall be allowed over the lowest tread.

R311.5.6.3 Handrail grip size. All 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 at least 1 1/4 inches (32 mm) and not greater than two inches (51 mm). If the handrail is not circular it shall have a perimeter dimension of at least four inches (102 mm) and not greater than 6 1/4 inches (160 mm) with a maximum cross section of dimension of 2 1/4 inches (57 mm).

2. Type II. Handrails with a perimeter greater than 6 1/4 inches (160 mm) shall provide 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 at least 5/16 inch (8mm) within 7/8 inch (22mm) below the widest portion of the profile. This required depth shall continue for at least 3/8 inch (10mm) to a level that is not less than 1 3/4 inches (45 mm) below the tallest portion of the profile. The minimum width of the handrail above the recess shall be 1 1/4 inches (32 mm) to a maximum of 2 3/4 inches (70 mm). Edges shall have a minimum radius of 0.01 inches (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.

R312.2 Guard opening limitations. Required guards on open sides of stairways, raised floor areas, balconies and porches shall have intermediate rails or ornamental closures, which do not allow passage of a sphere five inches (127 mm) or more in diameter.

Exception: The triangular openings formed by the riser, tread and bottom rail of a guard at the open side of a stairway are permitted to be of such a size that a sphere six inches (152 mm) cannot pass through.

R313.2 Smoke alarms. Smoke alarms shall be installed in the following locations:

2. Outside each separate sleeping area in the immediate vicinity of the bedroom.

3. On each additional story of the dwelling, including basements but 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. Where the ceiling height of a room is open to the hallway serving the bedrooms exceeds that of the hallway by 24 inches (610 mm) or more, smoke detectors shall be installed in the hallway and in the adjacent room.

Exception: Hallways less than 4 feet (1220 mm) in length are allowed to omit the smoke detector within the hallway adjacken to the bedrooms.

When more than one smoke alarm is required to be installed within an individual dwelling unit, 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 unit. The alarm shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed.

All smoke alarms shall be listed and installed in accordance with the provisions of this code and the household fire warning equipment provisions of NFPA 72.

R313.2.1 Alterations, repairs, and additions. When alterations, repairs, or additions requiring a permit occur with a valuation in excess of $1,000.00, or when one or more sleeping rooms are added or created in existing dwellings, the individual dwelling unit shall be provided with smoke alarms located as required for new dwellings.

Exception: 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, are exempt from the requirements of this section.

R317.2.1 Continuity. The common wall for townhouses shall be continuous from the foundation to the underside of the roof sheathing, deck, or slab and shall extend the full length of the common wall including walls extending through and separating attached accessory structures.

Exterior walls that extend beyond an adjacent structure that has a fire separation distance less than 5 feet (1523 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 which have a fire separation distance of less than 3 feet (914 mm) to a common property line shall have a one-hour fire rating with exposure from both sides which extends at least 30 inches (762 mm) above the projection with no openings allowed therein.

R319.1 Location required. Protection from decay shall be provided in the following locations by the use of naturally durable wood or wood that is preservative treated in accordance with AWPA U1 for the species, product, preservative, and end use. Preservatives shall be listed in Section 4 of AWPA U1.

1. Wood joists or the bottom of a wood structural floor when closer than 18 inches (457 mm) or wood girders when closer than 12 inches (305 mm) to the exposed ground in crawl spaces or unexcavated area located within the periphery of the building foundation.

2. All wood framing members that rest on concrete or masonry exterior foundation walls and are less than 6 inches (152 mm) from the exposed ground.

3. Sills and sleepers supporting bearing walls on a concrete or masonry slab that is [has] direct contact with the ground unless separated from such slab by an impervious moisture barrier.

4. The ends of wood girders entering exterior masonry or concrete walls having clearances of less than 0.5 inch (12.7 mm) on tops, sides, and ends.

5. Wood siding, sheathing, and wall framing on the exterior of a building having a clearance of less than 6 inches (152 mm) from the ground.

6. Wood structural members supporting moisture-permeable floors or roofs that are exposed to the weather, such as concrete or masonry slabs, unless separated from such floors or roofs by an impervious moisture barrier.

7. Wood furring strips or other wood framing members attached directly to the interior of exterior masonry walls or concrete walls below grade except where an approved vapor retarder is applied between the wall and the furring strips or framing members.

R321.1 Premises identification. New and existing buildings shall have approved address numbers, building numbers, or approved building identification placed in a position that is plainly visible and legible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). 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.

R401.3 Drainage. Surface drainage shall be diverted to a storm sewer conveyance or other approved point of collection so as to not create a hazard. Lots shall be graded to drain surface water away from foundation walls. The grade shall fall a minimum of 6 inches (152 mm) within the first 10 feet (3048 mm).

Exception: Where lot lines, walls, slopes, or other physical barriers prohibit 6 inches (152 mm) of fall within 10 feet (3048 mm), the final grade shall slope away from the foundation at a minimum slope of 2 percent and the water shall be directed to drains or swales to ensure drainage away from the structure. Swales shall be sloped a minimum of 1 percent when located within 10 feet (3048 mm) of the building foundation. Impervious surfaces within 10 feet (3048 mm) of the building foundation shall be sloped a minimum of 2 percent away from the building.

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. Protection of freestanding accessory structures with an area of 1500 square feet (129 m²) or less, of light framed construction, with an eave height of 10 feet (3048 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-framed construction, with an eave height of 10 feet (3048 mm) or less shall not be required.

3. Decks not supported by a dwelling need not be provided with footings that extend below the frost line.

Footings shall not bear on frozen soil unless the frozen condition is permanent.

R404.1 Concrete and masonry foundation walls. Concrete and masonry foundation walls shall be selected and constructed in accordance with the provisions of Section R404 or in accordance with ACI 318, ACI 332, NCMATR68-A or ACI 530/ASCE 5/TMS 402, or other approved structural standards. When ACI 318, ACI 332 or ACI 530/ASCE 5/TMS 402, or the provisions of Section R404 are used to design concrete or masonry foundation walls, project drawings, typical details, and specifications are not required to bear the seal of the architect or engineer responsible for design, unless otherwise required by the state law of the jurisdiction having authority.

For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm, 1 pound per square foot = 0.0479 kPa; 1 pound per square foot per foot = 0.157 kPa/mm.

a. Soil classes are in accordance with the United Soil Classification System. Refer to Table R405.1

b. Unbalanced backfill height is the difference in height of the exterior and interior finish ground levels. Where there is an interior concrete slab, the unbalanced backfill height shall be measured from the exterior finish ground level to the top of the interior concrete slab.

c. The size and spacing of vertical reinforcement shown in the table is based on the use of reinforcement with a minimum yield strength of 60,000 psi. Vertical reinforcement with a minimum yield strength of 40,000 psi or 50,000 psi is permitted, provided the same size bar is used and the spacing shown in the table is reduced by multiplying the spacing by 0.67 or 0.83, respectively.

d. Vertical reinforcement, when required, shall be placed nearest the inside face of the wall a distance d from the outside face (soil side) of the wall. The distance d is equal to the wall thickness, t, minus 1.25 inches plus one-half the bar diameter, db (d = t - (1.25+ db/2). The reinforcement shall be placed within a tolerance of ±3/8 inch where d is less than or equal to 8 inches, or ± ½ inch where d is greater than 8 inches.

e. In lieu of the reinforcement shown, smaller reinforcing bar sizes and closer spacings resulting in an equivalent cross-sectional area of reinforcement per linear foot of wall are permitted.

f. Concrete cover for reinforcement measured from the inside face of the wall shall not be less than 3/4 inch. Concrete cover for reinforcement measured from the outside face of the wall shall not be less than 1½ inches for No. 5 bars and smaller, and not less than 2 inches for larger bars.

g. The minimum thickness is permitted to be reduced 2 inches, provided the minimum specified compressive strength of concrete f.c , is 4,000 psi.

h. A plain concrete wall with a minimum thickness of 11.5 inches is permitted, provided minimum specified compressive strength of concrete, f.c , is 3,500 psi.

i. Concrete shall have a specified compressive strength of not less than 2,500 psi at 28 days, unless a higher strength is required by note g or h.

l. Where vertical reinforcement is required, horizontal reinforcement shall be provided in accordance with the requirements of Section R404.4.6.2 for ICF foundation walls.

R404.5 Retaining walls. Retaining walls that are not laterally supported at the top and that retain in excess of 48 inches (1220 mm) of unbalanced fill shall be designed to ensure stability against overturning, sliding, excessive foundation pressure, and water uplift. Retaining walls shall be designed for a safety factor of 1.5 against lateral sliding and overturning.

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 311.5 provided that the design live load does not exceed 40 psf (1.92 kN/m²) and the design dead load does not exceed 20 psf (0.96 kN/m²). The allowable span of ceiling joists that support attics utilized for limited storage or no storage shall be determined in accordance with Section R802.4.

R602.10.1 Braced wall lines. Braced wall lines shall consist of braced wall panel construction in accordance with Section R602.10.3. The amount and location of bracing shall be in accordance with Table R602.10.1 and the amount of bracing shall be the greater of that required by the seismic design category or the design wind speed. Braced wall panels shall begin no more than 12.5 feet (3810 mm) from each end of a braced wall line. Braced wall panels that are counted as part of a braced wall line shall be in line, except that offsets out-of-plane of up to 4 feet (1219 mm) shall be permitted provided that the total out-to-out offset dimension in any braced wall line is not more than 8 feet (2438 mm).

Exception: The offsets out-of-plane may exceed 4 feet (1219 mm) and the out-to-out offset dimension may exceed 8 feet (2438 mm) if the area of the offset is less than 200 square feet.

R613.2 Window sills. In dwelling units, where the opening of an operable window is located more than 72 inches (1829 mm) above the finished grade or surface below, the lowest part of the clear opening of the window shall be a minimum of 18 inches (457 mm) above the finished floor of the room in which the window is located. Glazing between the floor and 18 inches (457 mm) shall be fixed or have openings through which a 5-inch diameter (127 mm) sphere cannot pass.

1. Windows whose openings will not allow a 5-inch diameter (127 mm) sphere to pass through the opening when the opening is in its largest opened position.

2. Openings that are provided with window guards that comply with ASTM F 2006 or F 2090.

R703.2.1 Weather resistive sheathing papers. House wraps or weather resistive sheathing papers consisting of spunbonded olefin sheets of high density polyethylene fibers are required to be installed on the exterior side of the sheathing material directly underneath the exterior veneer.

R907.3 Recovering versus replacement. New roof coverings shall not be installed without first removing existing roof coverings where any of the following conditions occur:

1. Where the existing roof or roof covering is water-soaked or has deteriorated to the point that the existing roof or roof covering is not adequate as a base for additional roofing.

2. Where the existing roof covering is wood shake, slate, clay, cement, or asbestos- cement tile.

3. Where the existing roof has two or more applications of any type of roof covering.

1. Complete and separate roofing systems, such as standing-seam metal roof systems, that are designed to transmit the roof loads directly to the building's structural system and that do not rely on existing roofs and roof coverings for support shall not require the removal of existing roof coverings.

2. Installation of metal panel, metal shingle, and concrete and clay tile roof coverings over existing wood shake roofs shall be permitted when the application is in accordance with Section R907.4.

3. The application of new protective coating over existing spray polyurethane foam roofing systems shall be permitted without tear-off of existing roof coverings.

a. The minimum R-value for ceilings is further based on a minimum 6-inch (151 mm) heel height to allow the ceiling insulation to extend over the top plate.

b. The minimum R-value for basement wall to be applied at the time of finishing the basement.

c. R-values are minimums. U-factors and SHGC are maximums. R-19 insulation shall be permitted to be compressed into a 2 × 6 cavity.

d. The fenestration U-factor column excludes skylights. The solar heat gain coefficient (SHGC) column applies to all glazed fenestration.

For SI: 1 Btu/hr (hr-feet²°F) = 5.68 W/meters² K; one (hr-foot²°F)/Btu = 0.176 meters² K/W

Exception: Qualifying buildings which have installed therein either a high-efficiency gas furnace having a minimum 90 AFUE rating, or high-efficiency heat pumps having a minimum 8.0 HSPF and 13 SEER, shall be permitted to apply the high efficient trade-off listed below for exterior above grade walls, basement walls, slab perimeter insulation, and crawl space walls. All other factors remain the same:

Basement Walls—R-8 (which is allowed to be applied upon the finishing of the basement)

M1308.3 Foundations and supports. Foundations and supports for outdoor mechanical systems shall be raised at least 1 ½ inches (38 mm) above the finished grade, and shall also conform to the manufacturer's installation instructions.

M1403.1 Heat pumps and/or air conditioners. The minimum unobstructed total area of the outside and return air ducts or openings to a heat pump and/or air conditioner shall be not less than 6 square inches per 1,000 Btu/h (13,208 mm²/kW) output rating or as indicated by the conditions of the listing of the heat pump or air conditioner. Electric heat pumps shall conform to UL 1995.

M1411.5 Insulation of refrigerant piping. Piping and fittings for refrigerant vapor (suction) lines shall be insulated with insulation having a thermal resistivity of at least R-2 and having external surface permeance not exceeding 0.05 perm [2.87 ng/(s - m2 - Pa)] when tested in accordance with ASTM E 96.

M1508.1 General. When a subslab soil exhaust system is provided, the duct shall conform to the requirements of this section.

M1508.2 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 International 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.

M1508.3 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).

M1508.4 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 (3048 mm) from any operable openings or air intake.

M1601.2 Factory-made ducts. Factory-made air ducts or duct material shall be approved for the use intended, and shall be installed in accordance with the manufacturer's installation instructions. Each portion of a factory-made air duct system shall bear a listing and label indicating compliance with UL 181 and UL 181A or UL 181B.

Flexible air ducts shall be limited in length to 14 feet. Flexible air connectors are not allowed.

M1601.3.1 Joints and seams. Joints of duct systems outside of the building envelope, all return ducts located within 10 feet (3.05 m) of any appliance or all return ducts within a mechanical room and the plenum/coil cabinet connections shall be made substantially airtight by means of tapes, mastics, gasketing, or other approved closure systems. Closure systems used with rigid fibrous glass ducts shall comply with UL181A and shall be marked "181A-P" for pressure-sensitive tape, "181A-M" for mastic, or "181A-H" for heat-sensitive tape. Closure systems used with flexible air ducts and flexible air connectors shall comply with UL 181B and shall be marked "181B-FX" for pressure- sensitive tape or "181B-M" for mastic. Duct connections to flanges of air distribution system equipment or sheet metal fittings shall be mechanically fastened. Mechanical fasteners for use with flexible nonmetallic air ducts shall comply with UL 181B and shall be marked 181B-C. Crimp joints for round ducts shall have a contact lap of at least 1.5 inches (38 mm) and shall be mechanically fastened by means of at least three sheet metal screws or rivets equally spaced around the joint.

M1601.3.2 Support. Metal ducts shall be supported with 1/2-inch (13 mm) wide 18-gage, 1-inch (26 mm) wide 24 gage or 1 1/2-inch (39 mm) wide 26 gage metal straps or 12-gage galvanized wire at intervals not exceeding 10 feet (3048 mm) or other approved means. Nonmetallic ducts shall be supported in accordance with the manufacturer's installation instructions.

M1701.6 Opening location. In areas prone to flooding as established by Table R301.2(1), openings shall be located at or above the design flood elevation established in Section R323.1.5. Combustion air intake openings located on the exterior of a building shall have the lowest side of such openings located not less than 12 inches (305 mm) vertically from the adjoining grade level. Combustion air intake openings shall be located a minimum of 3 feet from a gas meter.

M1703.1 Outdoor air. Where the space in which fuel-burning appliances are located does not meet the criterion for indoor air specified in Section M1702, outside combustion air shall be supplied as specified in Section M1703.2.

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 1 foot below the draft hood.

M1703.2.1.1 Alternate combustion air sizing. 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 fuel-burning appliances shall be as specified below.

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

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 150 feet (45.7 m), increase round duct diameter by one size. A square or rectangular duct may be used only where the required duct size is 9 square inches (5,800 mm²) or larger and the smaller dimension must be not less than 3 inches (76.2 mm).

M1804.2.6 Mechanical draft systems. Mechanical draft systems shall be installed in accordance with their listing, the manufacturer's installation instructions and, except for direct vent appliances, the following requirements:

1. The vent terminal shall be located not less than 3 feet (914 mm) above a forced air inlet located within 10 feet (3,048 mm).

2. The vent terminal shall be located not less than 4 feet (1,219 mm) below, 4 feet (1,219 mm) horizontally from, or 1 foot (305 mm) above any door, window, or gravity air inlet into a dwelling.

3. The vent termination point shall not be located closer than 3 feet (914 mm) to an interior corner formed by two walls perpendicular to each other.

4. The bottom of the vent terminal shall be located at least 12 inches (305 mm) above finished ground level.

5. The vent termination shall not be mounted directly above or within 3 feet (914 mm) horizontally of an oil tank vent or gas meter.

6. Power exhauster terminations shall be located not less than 10 feet (3,048 mm) from lot lines and adjacent buildings.

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 or G2407.6.2. The minimum dimension of air openings shall be not less than 3 inches (76 mm).

Combustion air intake openings located on the exterior of a building shall have the lowest side of such openings located not less than 12 inches (305 mm) vertically from the adjoining grade level.

Combustion air intake opening shall be located a minimum of 3 feet from a gas meter.

G2407.6.1 (304.6.1) Two-permanent-openings method. Two permanent openings, one commencing within 12 inches (305 mm) of the top and one commencing within 12 inches (305 mm) of the bottom of the enclosure, shall be provided. The openings shall communicate directly, or by ducts, with the outdoors or spaces that freely communicate with the outdoors.

Where directly communicating with the outdoors, or where communicating with the outdoors through vertical ducts, each opening shall have a minimum free area of 1 square inch per 4,000 Btu/h (550 mm²/kW) of total input rating of all appliances in the enclosure [see Figures G2407.6.1(1) and G2407.6.1(2)].

Where communicating with the outdoors through horizontal ducts, each opening shall have a minimum free area of not less than 1 square inch per 2,000 Btu/h (1,100 mm²/kW) of total input rating of all appliances in the enclosure [see Figure G2407.6.1(3)].

G2407.6.3 (304.6.3) Alternate combustion air sizing. 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 fuel-burning appliances shall be as specified below.

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

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 150 feet (45.7 m), increase round duct diameter by one size. A square or rectangular duct may be used only where the required duct size is 9 square inches (5,800 mm squared) or larger and the smaller dimension must be not less than 3 inches (76.2 mm).

G2427.4.1 (503.4.1) Plastic piping. Plastic piping used for venting appliances listed for use with such venting materials shall be approved.

Plastic pipe and fittings used to vent appliances shall be installed in accordance with the pipe manufacturer's installation instructions and the appliance manufacturer's instructions. Solvent cement joints between ABS pipe and fittings shall be cleaned. Solvent cement joints between CPVC and PVC pipe and fittings shall be primed. The primer shall be a contrasting color.

Exception. Where compliance with this section would conflict with the appliance manufacturer's installation instructions.

Part VII-Plumbing. Repeal Chapter 25--Plumbing Administration; Chapter 26--General Plumbing Requirements; Chapter 27--Plumbing Fixtures; Chapter 28--Water Heaters; Chapter 29--Water Supply and Distribution; Chapter 30--Sanitary Drainage; Chapter 31--Vents; Chapter 32--Traps.

The provisions of the 2003 Uniform Plumbing Code of the City of Sioux Falls 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 (townhouses) not more than three stories high with separate means of egress and their accessory structures.

Part VIII-Electrical. Repeal Chapter 33--General Requirements; Chapter 33--Electrical Definitions; Chapter 35--Services; Chapter 36--Branch Circuit and Feeder Requirements; Chapter 37--Wiring Methods; Chapter 38--Power and Lighting Distribution; Chapter 39--Device and Lighting Fixtures; Chapter 40--Appliance Installation; Chapter 41--Swimming Pools; Chapter 42--Class 2 Remote-Control, Signaling and Power Limited Circuits.

The provisions of the 2005 National Electrical Code of the City of Sioux Falls 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 (townhouses) not more than three stories high with separate means of egress and their accessory structures.

AG102.1General. For the purposes of these requirements, the terms used shall be defined as follows and as set forth in Chapter 2.

BARRIER. A fence, wall, building wall or combination thereof which completely surrounds the swimming pool and obstructs access to the swimming pool.

RESIDENTIAL. That which is situated on the premises of a detached one- or two-family dwelling or a one-family townhouse not more than three stories in height.

SPA, PORTABLE. A nonpermanent structure intended for recreational bathing, in which all controls, water-heating and water-circulating equipment are an integral part of the product.

SWIMMING POOL. Any structure intended for swimming or recreational bathing that contains water over 18 inches (457.5 mm) deep. This includes in-ground, aboveground and on- ground swimming pools, hot tubs and spas.

SWIMMING POOL, INDOOR. A swimming pool which is totally contained within a structure and surrounded on all four sides by walls of said structure.

AG105.1 Application. The provisions of this chapter shall control the design of barriers for residential swimming pools, spas and hot tubs. These design controls are intended to provide protection against potential drownings and near-drownings by restricting access to swimming pools, spas and hot tubs.

This requirement shall be applicable to all new swimming pools hereafter constructed, other than indoor pools, and shall apply to all existing pools, which have a depth of 18 inches (610 mm) or more of water. No person in possession of land within the city, either as owner, purchaser, lessee, tenant, or a licensee, upon which is situated a swimming pool having a depth of 18 inches (610 mm) or more shall fail to provide and maintain such barrier as herein provided.

AG105.2 Outdoor swimming pool. An outdoor swimming pool, including an in-ground, aboveground or on-ground pool, hot tub or spa shall be provided with a barrier that shall be installed, inspected and approved prior to filling with water, that completely surrounds and obstructs access to the swimming pool, which shall comply with the following:

1. The top of the barrier shall be at least 42 inches (1067 mm) above grade measured on the side of the barrier, which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be two inches (51 mm) measured on the side of the barrier, which faces away from the swimming pool. Where the top of the pool structure is above grade, such as an aboveground pool, the barrier may be at ground level, such as the pool structure, or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be four inches (102 mm).

2. Openings in the barrier shall not allow passage of a four-inch-diameter (102 mm) sphere.

3. Where an aboveground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then:

3.1. The ladder or steps shall be capable of being secured, locked or removed to prevent access, or

3.2. The ladder or steps shall be surrounded by a barrier, which meets the requirements of Item 1 above. When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a four-inch-diameter (102 mm) sphere.

4. All gates or door openings through the barrier shall be equipped with self-closing and self-latching devices for keeping the door or gate securely closed at all times when the pool is not in actual use, except that the door of any dwelling that form part of the enclosure need not be so equipped.

Section AG105.6 Modifications. Modifications in individual cases, upon a showing of good cause with respect to height, nature, or location of a fence, wall, gates, or latches, or the necessity thereof, may be made by the building official, provided the protection as sought hereunder is not reduced thereby. The building official may grant permission for other protective devices or structures to be used as long as the degree of protection afforded by this substitute device or structure is not less than the protection afforded by the wall, fence, gate, and latch described herein. A reasonable period within which to comply with the requirements of this section for existing swimming pools shall be allowed, which period shall not exceed 90 days after notification by the building official.

(Ord. No. 114-01, § 1, 12-10-01; Ord. No. 23-03, § 1, 3-3-03; Ord. No. 23-04, § 2, 3-1-04; Ord. No. 30-07, §§ 2–51, 2-20-07; Ord. No. 105-08, §§ 2-10, 8-18-08)

Secs. 11-3--11-16. Reserved.

ARTICLE II. BUILDING CODE

Sec. 11-17. Adopted.

The International Building Code, 2006 edition, including Appendix C and Appendix I 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 therefore. The minimum building standards in the 2006 edition of the International Building Code and amendments thereto shall be applied to any building permit issued after May 31, 2007.

(1957 Rev. Ords., § 1.6005; Ord. No. 2530, 3-11-68; Ord. No. 33-72, 5-30-72; Ord. No. 61-80, § 1, 7-7-80; Ord. No. 103-85, § 1, 12-2-85; Ord. No. 110-88, § 1, 11-28-88; Ord. No. 11-92, § 1(11-17), 2-3-92; Ord. No. 74-95, § 1, 6-5-95; Ord. No. 12-98, § 1, 2-2-98; Ord. No. 113-01, § 1, 12-10-01; Ord. No. 22-04, § 1, 3-1-04; Ord. No. 28-07, § 1, 2-20-07)

Sec. 11-18. Conflicts.

In the event of any conflict between the provisions of the code adopted by this article 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.

Sec. 11-19. Reserved.

Sec. 11-20. Amendment and additions.

The following sections and subsections of the International Building Code adopted in this article shall be amended added, or repealed by the city as follows. All other sections or subsections of the International Building Code as published shall remain the same.

101.1 Title. These regulations shall be known as the Building Code of the City of Sioux Falls, South Dakota, hereinafter referred to as "this code."

101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.

1. Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures shall comply with the International Residential Code.

2. Existing buildings undergoing repair, alterations or additions, and change of occupancy shall be permitted to comply with the International Existing Building Code as an alternate to Chapter 34, Existing Structures.

101.4.1 Electrical. The provisions of the Electrical Code shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto.

101.4.4 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.

103.1 Enforcement agency. Building services is hereby created and the offical in charge thereof shall be known as the building official.

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 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. Any suit instituted against an 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 any immunities and defenses provided by other applicable state and federal laws.

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.

105.1 Required. 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 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 building official and obtain the required permit. The building official may exempt permits for minor work.

A building permit shall be issued for an owner occupied one- or two-family dwelling, including townhouses and accessory buildings, only to the owner or a city licensed residential contractor.

105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization provisions of this code or any other laws or ordinances of the city. Permits shall not be required for the following:

1. One-story detached accessory structures used as tool and storage sheds, playhouses, and similar uses, provided the floor area does not exceed 200 square feet (18.58 square meters). A placement permit in accordance with the zoning ordinance is required.

2. Fences not over 6 feet (1829 mm) high. A fence permit in accordance with the zoning ordinance is required.

4. Retaining walls which are not over 4 feet (1219 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 III-A liquids.

5. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18,925 L) and the ratio of height to diameter or width does not exceed 2 to 1.

6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade and not over any basement or story below and which are not part of an accessible route.

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

9. Prefabricated swimming pools accessory to a Group R-3 occupancy, as applicable in Section 101.2, which are less than 18 inches (457 mm) deep.

10. Shade cloth structures constructed for nursery or agricultural purposes and not including service systems.

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

12. Window awnings supported by an exterior wall which do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support of Group R-3 and Group U occupancies.

13. Nonfixed and movable fixtures, cases, racks, counters, and partitions not over 5 feet 9 inches (1753 mm) in height.

Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

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 power supply, the installations of towers and antennas.

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.

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

4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.

7. Self-contained refrigeration system containing ten pounds (4.54 kg) or less of refrigerant and actuated by motors of one horsepower (746 W) or less.

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.

107.1 General. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 365 days. Extensions beyond 365 days are not allowed. Structures used as a temporary business office shall be provided with an accessible route that meets accessibility requirements of this code.

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

108.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit or inspection shall be paid as required. The fee schedule for the issuance of a building permit shall be as follows:

Residential Building Permit Fees Group R Division 3's and Accessory Group U Occupancies

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)

1. Inspection outside of normal business hours, per hour* (minimum charge--one hour) . . . $70.00

3. Inspections for which no fee is specifically indicated, per hour* (minimum charge--one-half hour) . . . 70.00

4. Additional plan review required by changes, additions, or revisions to approved plans, per hour* (minimum charge--one-half hour) . . . 70.00

*Or the total hourly cost to the jurisdiction, whichever is the greater. This cost shall include supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved.

9. Residential window replacements with no structural modifications (Group R and U occupancies) . . . 20.00

10. Board of appeals fees. Before the board takes any action, the party or parties requesting such hearing shall deposit with the secretary of the board or authorized agent, $65.00 to cover the approximate cost of the procedure. Under no condition shall said sum or any part thereof be refunded for failure of said request to be approved.

Exception. Appeals referred to the board from the International Property Maintenance Code.

11. A mileage fee based on the current rate per mile authorized by the Internal Revenue Service shall be charged for any inspection occurring outside city limits.

13. 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 review or when a project involves deferred submittals as defined in Section 106.3.4.2, an additional plan review fee may be charged at 15 percent of the building permit fee specified on Table 1-B.

108.7 Delinquent accounts. The city may refuse to issue permits or conduct inspections for any person or business whose account is delinquent.

109.3.1 Footing 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.

110.2 Certificate issued. After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the building official, the building official shall issue a certificate of occupancy that contains the following:

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.

9. If an automatic sprinkler system is provided, whether the sprinkler system is required.

112.1 General. There shall be and is hereby created a board of appeals and examiners to hear and decide appeals of orders, decisions, or determinations made by the building official and fire code 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 approve permits for house moves, and to examine applicants for licensing and to investigate matters brought before the Board. Members shall be appointed by the mayor with the advice and consent of the City Council and shall hold office for three-year terms. 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 services department.

The board in exercising its authority over house moving, may deny the request, or may require additional stipulations to be placed on the building permit to address the protection of property values and neighborhood compatibility.

112.2 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 have no authority relative to the administrative provisions of this code nor shall the board be empowered to waive requirements of this code.

113.3 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.

202 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 Day care. The use of a building or structure, or portion thereof, for educational, supervision or personal care services for more than 12 children older than 2 1/2 years of age, shall be classified as a Group E occupancy.

308.3.1 Child care facility. A child care facility that provides care on a 24-hour basis to more than 12 children two and one-half years of age or less shall be classified as Group I-2.

308.5.2 Child care facility. A facility that provides supervision and personal care on less than a 24-hour basis for more than 12 children two and one-half years of age or less shall be classified as Group I-4.

Exception: A child day care facility that provides care for more than five but no more than 100 children two and one-half years or less of age, when the rooms where such children are cared for are located on the level of exit discharge and each of these child care rooms has an exit door directly to the exterior, shall be classified as Group E.

402.10 Kiosks. Kiosks and similar structures (temporary or permanent) shall meet the following requirements:

1. Combustible kiosks or other structures shall not be located within the mall unless constructed of any of the following materials:

1.2. Foam plastics having a maximum heat release rate not greater than 100kW (105 Btu/h) when tested in accordance with the exhibit booth protocol in UL 1975.

1.3. Aluminum composite material (ACM) having a flame spread index of not more than 25 and a smoke-developed index of not more than 450 when tested as an assembly in the maximum thickness intended for use in accordance with ASTM E 84.

2. The top of kiosks or similar structures located within the mall shall be open and accessible to the automatic fire-extinguishing system, or the kiosk shall be provided with approved fire suppression and detection devices.

3. There shall be maintained an unobstructed access space of not less than 10 feet (3,048mm) between temporary or permanent kiosks and all other amenities, and there shall be maintained an unobstructed access width of not less than 10 feet (3,048 mm) parallel and adjacent to the mall storefronts. The mallway shall be of sufficient width to accommodate the occupant load immediately tributary thereto.

4. The total number of kiosks shall not exceed more than one for each 10,000 square feet (929 m²) of mallway area.

5. Each kiosk or similar structure or groupings thereof shall have a maximum area of 300 square feet (28 m²).

1. The private garage shall be separated from the dwelling unit and its attic area by means of a minimum 1/2-inch (12.7 mm) gypsum board applied to the garage side. Garages beneath habitable rooms shall be separated from all habitable rooms above by not less than a 5/8-inch Type X gypsum board or equivalent. Door openings between a private garage and the dwelling unit shall be equipped with either solid wood doors or solid or honeycomb core steel doors not less than 1 3/8 inches (34.9 mm) thick, or doors in compliance with Section 715.4.3. Openings from a private garage directly into a room used for sleeping purposes shall not be permitted.

2. Ducts in a private garage and ducts penetrating the walls or ceilings separating the dwelling unit from the garage shall be constructed of a minimum 0.019-inch (0.48 mm) sheet steel and shall have no openings into the garage.

3. A separation is not required between a Group R-3 and U carport, provided the carport is entirely open on two or more sides and there are not enclosed areas above.

[F] 501.2 Address numbers. Buildings shall have approved address numbers, building numbers, or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabetical letters. Numbers shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7 mm).

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.

507.5.1 Property lines. Portions of an unlimited area building may be divided by platted property lines without requiring the construction of party walls if the whole building has:

1. Permanent open space on all sides as required by Sections 507.2, 507.3, 507.4, or 507.5; and

2. Proper legal agreements are submitted and approved by the building official and are recorded with the deed for each of the separate properties. These recorded agreements shall require that the buildings, as divided by property lines, be in conformance with the applicable provisions of the building and fire codes, as if the buildings were a single building on a single piece of property. In addition, the agreement must state that no individual building or property owner may modify any portion of the building in any way that would not be in compliance with the building and fire code.

717.4.2 Groups R-1 and R-2. Draftstopping shall be provided in attics, mansards, overhangs, or other concealed roof spaces of Group R-2 buildings with three or more dwelling units and in all Group R-1 buildings. Draftstopping shall be installed above, and in line with, sleeping unit and dwelling unit separation walls that do not extend to the underside of the roof sheathing above.

1. Where corridor walls provide a sleeping unit or dwelling unit separation, draftstopping shall only be required above one of the corridor walls.

2. Draftstopping is not required in buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1.

3. In occupancies in Group R-2 that do not exceed four stories in height, the attic space shall be subdivided by draftstops into areas not exceeding 3,000 square feet (279 m²) or above every two dwelling units, whichever is smaller. Draftstops shall be above and in line with the walls separating individual dwelling units.

4. Draftstopping is not required in buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.2, provided that automatic sprinklers are also installed in the combustible concealed spaces.

[F] 903.2.5Group I. An automatic sprinkler system installed in accordance with 903.3.1.1 shall be provided throughout buildings with a Group I fire area.

[F] 903.2.7 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R-1 fire area and a Group R-4 fire area with more than eight occupants. An automatic fire extinguishing system shall be provided throughout all buildings with a Group R-2 fire area where more than two stories in height, including basements, or having more than 16 dwelling units.

[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 any room merely because it is damp, of fire-resistance-rated construction, or contains electrical equipment.

1. Any room where the application of water, or flame and water, constitutes a serious life or fire hazard.

2. Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the fire code official. Such rooms shall be 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.

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. In rooms or areas that are of noncombustible construction with wholly noncombustible contents.

[F] 904.11 Commercial cooking systems. The automatic fire-extinguishing system for commercial cooking systems shall be of a type recognized for protection of commercial cooking equipment and exhaust systems of the type and arrangement protected. Systems shall be installed to include cooking surfaces, deep fat fryers, griddles, upright broilers, char broilers, range tops, broasters, and grills. Protection shall also be provided for the enclosed plenum space within the hood above the filters and exhaust ducts serving the hood.

Exception: The requirement for protection does not include steam kettles and steam tables or equipment, which as used does not create grease-laden vapors.

Pre-engineered automatic dry and wet chemical extinguishing systems shall be tested in accordance with UL 300 and listed and labeled for the intended application. Other types of automatic fire-extinguishing systems shall be listed and labeled for specific use as protection for commercial cooking operations. The system shall be installed in accordance with this code, its listing, and the manufacturer's installation instructions. Automatic fire-extinguishing systems of the following types shall be installed in accordance with the referenced standard indicated, as follows:

Exception: Factory-built commercial cooking recirculating systems that are tested in accordance with UL 710B, and listed, labeled, and installed in accordance with Section 304.1 of the International Mechanical Code.

[F] 904.11.2 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] 907.2.2 Group B. A manual fire alarm system shall be installed in Group B occupancies having an occupant load of 500 or more persons, more than 100 persons above or below the lowest level of exit discharge, or having more than two occupied levels.

Exception: Manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system and the alarm notification appliances will activate upon sprinkler water flow.

907.2.3 Group E. A manual fire alarm system shall be installed in Group E occupancies. When automatic sprinkler systems or smoke detectors are installed, such systems or detectors shall be connected to the building fire alarm system.

1. Manual fire alarm boxes are not required in Group E occupancies where all the following apply:

1.1. Interior corridors are protected by smoke detectors with alarm verification.

1.2. Auditoriums, cafeterias, gymnasiums, and the like are protected by heat detectors or other approved detection devices.

1.3. Shops and laboratories involving dusts or vapors are protected by heat detectors of other approved detection devices.

1.5. The capability to activate the activation signal from a central point is provided.

1.6. In buildings where normally occupied spaces are provided with a two-way communication system between such spaces and a constantly attended receiving station from where a general evacuation alarm can be sounded, except in locations specifically designated by the building official.

2. Manual fire alarm boxes shall not be required in Group E occupancies where the building is equipped throughout with an approved automatic sprinkler system, the notification appliances will activate on sprinkler water flow, and manual activation is provided from a normally occupied location.

[F] 907.2.6.2 Group I-2. Corridors in hospitals, nursing homes (both intermediate care and skilled nursing facilities), detoxification facilities, and spaces permitted to be open to the corridors by Section 407.2 shall be equipped with an automatic fire detection system.

1. Corridor smoke detection is not required in smoke compartments that contain patient sleeping rooms where patient sleeping units are provided with smoke detectors that comply with UL 268. Such detectors shall provide a visual display on the corridor side of each patient sleeping unit and an audible and visual alarm at the nursing 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 fire alarm system. An automatic fire alarm system shall be installed throughout all interior corridors serving sleeping units and at the top of each enclosed stairwell.

Exception: An automatic fire 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 exterior exit access that leads directly to an exit.

[F] 907.2.8.3 Smoke alarms. Smoke alarms shall be installed as required by Section 907.2.10. In buildings that are not equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the smoke alarms in sleeping units shall be connected to an emergency electrical system and shall be annunciated by sleeping unit at a constantly attended location from which the fire alarm system is capable of being manually activated. Smoke detection installed as part of an intelligent or addressable fire alarm system capable of annunciation of room origin at a constantly attended location from which manual activation can occur shall be acceptable.

[F] 907.2.8.4 Heat detectors. Heat detectors shall be installed in each attic subdivision and in all common areas such as recreation rooms, laundry rooms, furnace room, and similar areas.

Exception: Heat detection is not required in areas protected by an automatic fire extinguishing system installed in accordance with 903.3.1.1 or 903.3.1.2.

[F] 907.2.9 Group R-2. A manual and automatic fire alarm system shall be installed in Group R-2 occupancies where:

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; or

3. The building contains more than 16 dwelling units or sleeping units or four or more dwelling units or sleeping units above the level of exit discharge.

1. A fire alarm system is not required in buildings not over 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 at least one-hour fire partitions and each dwelling unit or sleeping unit has an exit directly to a public way, exit court, or yard.

2. Manual fire alarm boxes are not required throughout the building when the following conditions are met:

2.1. The building is equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2.

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 1022.6, Exception 4.

907.2.9.1 Heat detectors. Heat detectors shall be installed in each living unit, attic subdivision, any attached garages, and in all common areas such as recreation rooms, laundry rooms, furnace rooms and similar areas. Living unit heat detectors shall consist of, at minimum, one 135-degree, fixed-rate-of-rise type detector, centrally located within each living unit.

Exception: Heat detection is not required in areas protected by an automatic fire extinguishing system installed in accordance with 903.3.1.1 or 903.3.1.2.

907.2.9.2 Smoke detectors. System smoke detection shall be provided in each stairway and all exit corridors.

[F] 907.11 Duct smoke detectors. Duct smoke detectors shall be connected to the building's fire alarm control panel when a fire alarm system is provided. Activation of a duct smoke detector shall initiate a visible and audible supervisory signal at a constantly attended location. Duct smoke detectors shall not be used as a substitute for required open area detection. 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.

Exception: The supervisory signal at a constantly attended location is not required where duct smoke detectors activate the building's alarm notification appliances.

[F] 912.2.1 Visible location. Fire department connections shall be located on the street side of buildings, fully visible and recognizable from the street or nearest point of fire department vehicle access, or as otherwise approved by the fire code official. A weather-rated horn/strobe or horn connected to the fire 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.

(a) Buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2.

1007.3 Exit stairways. In order to be considered part of an accessible means of egress, an exit stairway shall have a clear width of 48 inches (1,219 mm) minimum between handrails and shall either incorporate an area of refuge within an enlarged floor-level landing or shall be accessed from either an area of refuge complying with Section 1007.6 or a horizontal exit.

1. Unenclosed exit stairways as permitted by Section 1020.1 are permitted to be considered part of an accessible means of egress.

2. The area of refuge is not required at unenclosed exit stairways as permitted by Section 1020.1 in buildings or facilities that are equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1.

3. The clear width of 48 inches (1,219 mm) between handrails is not required at exit stairways in buildings or facilities equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2.

4. Areas of refuge are not required at exit stairways in buildings or facilities equipped throughout by an automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2.

5. The clear width of 48 inches (1,219 mm) between handrails is not required for exit stairways accessed from a horizontal exit.

6. Areas of refuge are not required at exit stairways serving open parking garages.

1007.4 Elevators. In order to be considered part of an accessible means of egress, an elevator shall comply with the emergency operation and signaling device requirements of Section 2.27 of ASME A17.1. Standby power shall be provided in accordance with Sections 2702 and 3003. The elevator shall be accessed from either an area of refuge complying with Section 1007.6 or a horizontal exit.

1. Elevators are not required to be accessed from an area of refuge or horizontal exit in open parking garages.

2. Elevators are not required to be accessed from an area of refuge or horizontal exit in buildings and facilities equipped throughout by an automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2.

1008.1.6 Thresholds. Thresholds at doorways shall not exceed 0.75 inch (19.1 mm) in height for sliding doors serving dwelling units or 0.5 inch (12.7 mm) for other doors. Raised thresholds and floor level changes greater than 0.25 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).

Exception: The threshold height shall be limited to 8 inches (203 mm) where the occupancy is Group R-2 or R-3; the door is an exterior door that is not a component of the required means of egress; the door, other than an exterior storm or screen door, does not swing over the landing or step; and the doorway is not on an accessible route as required by Chapter 11 and is not part of an Accessible unit, Type A unit, or Type B unit.

1009.3 Stair treads and risers. Stair riser heights shall be 7 inches (178 mm) maximum and 4 inches (102 mm) minimum. Stair tread depths shall be 11 inches (279 mm) minimum. The riser height shall be measured vertically between the leading edges of adjacent treads. The tread depth shall be measured horizontally between the vertical planes of the foremost projection of adjacent treads and at right angle to the tread's leading edge. Winder treads shall have a minimum tread depth of 11 inches (279 mm) measured at a right angle to the tread's leading edge at a point 12 inches (305 mm) from the side where the treads are narrower and a minimum tread depth of 10 inches (254 mm).

3. Aisle stairs in assembly seating areas where the stair pitch or slope is set, for sightline reasons, by the slope of the adjacent seating area in accordance with Section 1025.11.2.

4. 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 walk line shall be 10 inches (254 mm), and the minimum winder tread depth shall be 6 inches (152 mm). A nosing not less than 0.75 inch (19.1 mm), but not more than 1.25 inches (32 mm), shall be provided on stairways with solid risers where the tread depth is less than 11 inches (279 mm).

5. See Section 3403.4 or the International Existing Building Code for the replacement of existing stairways.

1009.10 Handrails. Stairways shall have handrails on each side and shall comply with Section 1012. Where glass is used to provide the handrail, the handrail shall also comply with Section 2407.

1. Aisle stairs complying with Section 1025 provided with a center handrail need not have additional handrails.

2. Stairways within dwelling units, spiral stairways, and aisle stairs serving seating only on one side are permitted to have a handrail on one side only.

3. Decks, patios, and walkways that have a single change in elevation where the landing depth on each side of the change of elevation is greater than what is required for a landing, do not require handrails.

4. In Group R-3 occupancies, a change in elevation consisting of a single riser at an entrance or egress door does not require handrails.

5. Changes in room elevations of only one riser within dwelling units and sleeping units in Group R-2 and R-3 occupancies do not require handrails.

6. Risers or ramps accessing the front of a platform as defined in Section 410.1 having a difference in elevation from the floor below of 30 inches or less.

1013.3 Opening limitations. Open guards shall have balusters or ornamental patterns such that a 5-inch diameter (127 mm) sphere cannot pass through any opening up to a height of 34 inches (864 mm). From a height of 34 inches (864 mm) to 42 inches (1067 mm) above the adjacent walking surfaces, a sphere 8 inches (203 mm) in diameter shall not pass.

1. The triangular openings formed by the riser, tread, and bottom rail at the open side of a stairway shall be of a maximum size such that a sphere of 6 inches (152 mm) in diameter cannot pass through the opening.

2. At elevated walking surfaces for access to and use of electrical, mechanical, or plumbing systems or equipment, guards shall have balusters or be of solid materials such that a sphere with a diameter of 21 inches (533 mm) cannot pass through any opening.

3. In areas which are not open to the public within occupancies in Group B, I-3, F, H, M, or S, balusters, horizontal intermediate rails, or other construction shall not permit a sphere with a diameter of 21 inches (533 mm) to pass through any opening.

4. In assembly seating areas, guards at the end of aisles where they terminate at a fascia of boxes, balconies, and galleries shall have balusters or ornamental patterns such that a 5-inch diameter (127 mm) sphere cannot pass through any opening up to a height of 26 inches (660 mm). From a height of 26 inches (660 mm) to 42 inches (1067mm) above the adjacent walking surfaces, a sphere 8 inches (203 mm) in diameter shall not pass.

5. Within individual dwelling units and sleeping units in Group R-2 and R-3 occupancies, openings for required guards on the sides of stair treads shall not allow a sphere of 5 inches (127 mm) to pass through.

1015.2.1 Two exits or exit access doorways. Where two exits or exit access doorways are required from any portion of the exit access, the exit access including the exit doors or exit access doorways shall be placed a distance apart equal to not less than one-half of the length of the maximum overall diagonal dimension of the building or area to be served measured in a straight line between exit access including the exit doors or exit access doorways. Interlocking or scissor stairs shall be counted as one exit stairway.

1. Where exit enclosures are provided as a portion of the required exit and are interconnected by a one-hour fire- resistance-rated corridor conforming to the requirements of Section 1017, the required exit separation shall be measured along the shortest direct line of travel within the corridor.

2. Where a building is equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2, the separation distance of the exit access including the exit doors or exit access doorways shall not be less than one-third of the length of the maximum overall diagonal dimension of the area served.

1015.2.2 Three or more exits or exit access doorways. Where access to three or more exits is required, at least two means of exit access including two exit doors or exit access doorways shall be arranged in accordance with the provisions of Section 1015.2.1.

a. For the required number of exits for open parking structures, see Section 1019.1.1.

b. For the required number of exits for air traffic control towers, see Section 412.1.

c. Buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 with an occupancy in Group B shall have a maximum travel distance of 100 feet.

1020.1.5 Discharge identification. A stairway in an exit enclosure shall not continue below the 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 1011.

1026.1 General. In addition to the means of egress required by this chapter, provisions shall be made for emergency escape and rescue in Group R and Group I-1 occupancies. Basements and sleeping rooms below the fourth story above grade plane shall have at least one exterior emergency escape and rescue opening in accordance with this section. Where basements contain one or more sleeping rooms, emergency egress and rescue openings shall be required in each sleeping room, but shall not be required in adjoining areas of the basement. Such opening shall open directly into a public way or to a yard or court that opens to a public way.

1. The emergency escape and rescue opening is permitted to open onto a balcony within an atrium in accordance with the requirements of Section 404, provided the balcony provides access to an exit and the dwelling unit or sleeping unit has a means of egress that is not open to the atrium.

2. Basements with a ceiling height of less than 80 inches (2032 mm) shall not be required to have emergency escape and rescue windows.

4. Emergency escape and rescue openings are not required from basements or sleeping rooms that have an exit door or exit access door that opens directly into a public way or to a yard, court, or exterior exit balcony that opens to a public way.

5. Basements without habitable spaces or having no more than 200 square feet (18.6 square meters) in floor area shall not be required to have emergency escape windows.

1026.2 Minimum size. Emergency escape and rescue openings shall have a minimum net clear opening of 5.0 square feet (0.46 m²).

1026.3 Maximum height from floor. Emergency escape and rescue openings shall have the bottom of the clear opening not greater than 48 inches (1219 mm) measured from the floor.

1026.5.2 Ladders or steps. Window wells with a vertical depth of more than 48 inches (1219 mm) shall be equipped with an approved permanently affixed ladder or steps. Ladders or rungs shall have an inside width of at least 12 inches (305 mm), shall project at least 3 inches (76 mm) from the wall and shall be spaced not more than 18 inches (457 mm) on center (o.c.) vertically for the full height of the window well. The ladder or steps shall not encroach into the required dimensions of the window well by more than 6 inches (152 mm). The ladder or steps shall not be obstructed by the emergency escape and rescue opening. Ladders or steps required by this section are exempt from the stairway requirements of Section 1009.

1104.3.2 Press boxes. Press boxes in assembly areas shall be on an accessible route.

1. An accessible route shall not be required to press boxes in bleachers that have points of entry at only one level, provided that the aggregate area of all press boxes is 500 square feet (46 m²) maximum.

2. An accessible route shall not be required to free-standing press boxes that are elevated above grade 12 feet (3,660 mm) minimum provided that the aggregate area of all press boxes is 500 square feet (46 m²) maximum.

1104. 4 Multilevel buildings and facilities. At least one accessible route shall connect each accessible level, including mezzanines, in multilevel buildings and facilities.

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 (278.7 square meters) per story. This exception shall not apply to:

1.1. Multiple tenant facilities of Group M occupancies containing five or more tenant spaces;

2. In Group A, I, R and S occupancies, levels that do not contain accessible elements or other spaces required 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 with an occupant load of five or fewer persons that does not contain public use space, that story shall not be required to be connected by an accessible route to the story above or below.

1106.8 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 above, standard and van accessible parking space

signs

shall state, "RESERVED PARKING," and include the International Symbol of Accessibility, and supplemental signage must additionally state, "STATE PERMIT OF 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."

1106.9 Access aisles and markings. Each access which 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 (1219 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.

1107.6.2 Group R-2. Type B units shall be provided in occupancies in Group R-2 in accordance with Sections 1107.6.2.1 and 1107.6.2.2.

1107.6.2.1 Apartment houses, monasteries and convents. Type B units shall be provided in apartment houses, monasteries and convents in accordance with Sections 1107.6.2.1.1 and 1107.6.2.1.2.

1107.6.2.2 Group R-2 other than apartment houses, monasteries, and convents. In Group R-2 occupancies other than apartment houses, monasteries, and convents, Type B dwelling units shall be provided in accordance with Sections 1107.6.2.2.1 and 1107.6.2.2.2.

1205.4.1 Controls. The control for activation of the required stairway lighting shall be in accordance with the Electrical Code.

1206.3.3 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.

1404.2.1 Weather resistive sheathing papers. House wraps or weather resistive sheathing papers consisting of spun bonded olefin sheets of high density polyethylene fibers are required to be installed on the exterior side of the sheathing material underneath the exterior covering.

1405.12.2 Window sills. In occupancy Groups R-2 and R-3, one- and two-family and multiple-family dwellings, where the opening of the sill portion of an operable window is located more than 72 inches (1829 mm) above the finished grade or other surface below, the lowest part of the clear opening of the window shall be a minimum of 18 inches (457 mm) above the finished floor surface of the room in which the window is located. Glazing between the floor and a height of 18 inches (457 mm) shall be fixed or have openings such that a 5-inch (127 mm) diameter sphere cannot pass through.

Exception: Openings that are provided with window guards that comply with ASTM F 2006 or F 2090.

[P] 1503.4 Roof drainage. Design and installation of roof drainage systems shall comply with the Plumbing Code.

[P] 1503.4.2 Secondary roof drainage. Roofs shall be sloped a minimum of 1 unit vertical in 48 units horizontal (2% slope) for drainage unless designed for water accumulation in accordance with Section 1611.2 Ponding Instability.

[P] 1503.4.2.1 Roof drains. Unless roofs are sloped to drain over roof edges, roof drains shall be installed at each low point of the roof. Roof drains shall be sized and discharged in accordance with the plumbing code.

[P] 1503.4.2.2 Overflow drains and scuppers. Where roof drains are required, overflow drains having the same size as the roof drains shall be installed with the inlet flow line located 2 inches (51 mm) above the low point of the roof, or overflow scuppers having three times the size of the roof drains and having a minimum opening height of 4 inches (102 mm) may be installed in the adjacent parapet walls with the inlet flow line located 2 inches (51 mm) above the low point of the adjacent roof.

Overflow drains shall discharge to an approved location and shall not be connected to roof drain lines.

[P] 1503.4.2.3 Concealed piping. Roof drains shall discharge to an approved location and shall not be connected to roof drain lines.

[P] 1503.4.2.4 Over public property. Roof drainage water from a building shall not be permitted to flow over public property.

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 governing body 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, SD," 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 the floodplain management ordinance 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.

1704.1 General. Where application is made for construction as described in this section, the owner or the registered design professional in responsible charge acting as the owner's agent shall employ one or more special inspectors to provide inspections during construction on the types of work listed under Section 1704. The special inspector shall be a qualified person who shall demonstrate competence, to the satisfaction of the building official, for inspection of the particular type of construction or operation requiring special inspection. These inspections are in addition to the inspections specified in Section 109.

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

2. Special inspections are not required for building components unless the design involves the practice of professional engineering or architecture as defined by applicable state statutes and regulations governing the professional registration and certification of engineers or architects.

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

4. 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 1704.3, 1704.4, 1704.5.1, 1704.5.3, 1704.7, 1704.8, and 1704.9 shall be considered as a guideline.

1704.4 Concrete construction. The special inspections and verifications for concrete construction shall be as required by this section and Table 1704.4.

1. Isolated spread concrete footings of buildings three stories or less in height that are fully supported on earth or rock and nonlaterally loaded foundation walls.

2. Continuous concrete footings and foundations supporting walls of buildings three stories or less in height that are fully supported on earth or rock where:

2.3. The structural design is based on a f'c no greater than 3000 pounds per square inch (psi) (20.6 Mpa).

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 (1.03 Mpa).

4. Concrete foundation walls constructed in accordance with Table 1805.5(1), 1805.5(2), 1805.5(3) or 1805.5(4).

1716.1.1 Purpose. The purpose of this section is to regulate materials and establish methods of safe construction where any structure of portion thereof is wholly of partially prefabricated.

1716.1.2 Scope. Unless otherwise specifically stated in this section, all prefabricated construction and materials used therein shall conform to all the requirements of this code.

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.

1716.2 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 during prefabrication.

1716.3 Tests of assemblies. The building official may require special tests to be made on assemblies to determine their durability and weather resistance.

1716.4 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.

1716.5 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.

1716.6.1 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.

1716.6.2 Plans. One complete set of plans and specifications shall be submitted to the building inspection division of planning and building 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).

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.

1716.6.4 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.

1716.6.5 Certifying agency. To be acceptable under this code, every certificate of approval shall be made by the approved agency.

1716.6.6 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.

1716.6.7 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.

1716.6.8 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 11-20 of the Revised Ordinances of Sioux Falls shall move a prefabricated structure or part thereof across, along, or over public property.

1803.7 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.

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 one 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 three feet (914 mm) in depth not intended to support structures, which does not exceed 300 cubic yards (153 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.

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 two feet (610 mm) in depth or (2) does not create a cut slope of less than five feet (1,524 mm) in height and steeper than one unit vertical in one and one-half 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.

1803.7.1 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.

1804.2 Presumptive load-bearing values. The maximum allowable foundation pressure, lateral pressure, or lateral sliding resistance values for supporting soils near the surface shall not exceed the values specified in Table 1804.2 unless data to substantiate the use of a higher value are submitted and approved except where an assumed soil bearing capacity is in excess of 3000 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. Presumptive load-bearing values shall apply to materials with similar physical characteristics and dispositions.

Mud, organic silt, organic clays, peat, or unprepared fill shall not be assumed to have a presumptive loadbearing capacity unless data to substantiate the use of such a value are submitted.

Exception: A presumptive load-bearing capacity is 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 and temporary structures.

1805.2.1 Frost protection. Except where otherwise protected from frost, foundation walls, piers, and other permanent supports of buildings and structures shall be protected by one or more of the following methods:

1. Extending below the frost line of the locality defined as a minimum of 42 inches below finished grade;

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

2. Area of 1500 square feet (138 m²) or less for light frame construction or 400 square feet (37 m²) or less for other than light frame construction; and

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

2308.9.3 Bracing. Braced wall lines shall consist of braced wall panels that meet the requirements for location, type, and amount of bracing as shown in Figure 2308.9.3, specified in Table 2308.9.3(1) and are in line or offset from each other by not more than 4 feet (1219 mm) except for offsets not more than 200 square feet. Braced wall panels shall start not more than 12 ½ feet (3810 mm) from each end of a braced wall line. Braced wall panels shall be clearly indicated on the plans. Construction of braced wall panels shall be by one of the following methods:

1. Nominal 1-inch by 4-inch (25 mm by 102 mm) continuous diagonal braces let into top and bottom plates and intervening studs, placed at an angle not more than 60 degrees (1.0 rad) or less than 45 degrees (0.79 rad) from the horizontal and attached to the framing in conformance with Table 2304.9.1.

2. Wood boards of 5/8 inch (15.9 mm) net minimum thickness applied diagonally on studs spaced not over 24 inches (610 mm) o.c.

3. Wood structural panel sheathing with a thickness not less than 5/16 inch (7.9 mm) for a 16-inch (406 mm) stud spacing and not less than 3/8 inch (9.5 mm) for a 24-inch (610 mm) stud spacing in accordance with Tables 2308.9.3(2) and 2308.9.3(3).

4. Fiberboard sheathing panels not less than ½ inch (12.7 mm) thick applied vertically or horizontally on studs spaced not over 16 inches (406 mm) o.c. where installed with fasteners in accordance with Section 2306.4.4 and Table 2306.4.4.

5. Gypsum board [sheathing 1/2-inch-thick (12.7 mm) by 4-feet-wide (1219 mm) wallboard or veneer base] on studs spaced not over 24 inches (610 mm) o.c. and nailed at 7 inches (178 mm) o.c. with nails as required by Table 2306.4.5.

6. Particleboard wall sheathing panels where installed in accordance with Table 2308.9.3(4).

7. Portland cement plaster on studs spaced 16 inches (406 mm) o.c. installed in accordance with Section 2510.

8. Hardboard panel siding where installed in accordance with Section 2303.1.6 and Table 2308.9.3(5).

For cripple wall bracing, see Section 2308.9.4.1. For Methods 2, 3, 4, 6, 7, and 8, each panel must be at least 48 inches (1219 mm) in length, covering three stud spaces where studs are spaced 16 inches (406 mm) apart and covering two stud spaces where studs are spaced 24 inches (610 mm) apart.

For Method 5, each panel must be at least 96 inches (2438 mm) in length where applied to one face of a panel and 48 inches (1219 mm) where applied to both faces.

All vertical joints of panel sheathing shall occur over studs and adjacent panel joints shall be nailed to common framing members. Horizontal joints shall occur over blocking or other framing equal in size to the studding except where waived by the installation requirements for the specific sheathing materials.

Sole plates shall be nailed to the floor framing and top plates shall be connected to the framing above in accordance with Section 2308.3.2. Where joists are perpendicular to braced wall lines above, blocking shall be provided under and in line with the braced wall panels.

2701.1 Scope. This chapter governs the electrical components, equipment and systems used in buildings and structures covered by this code. Electrical components, equipment and systems shall be designed and constructed in accordance with the provisions of the Electrical Code.

[F] 2702.1 Installation. Emergency and standby power systems required by this code or the International Fire Code shall be installed in accordance with this code, NFPA110, and NFPA111.

2901.1 Scope. The provisions of this chapter and the Plumbing Code shall govern the erection, installation, alteration, repairs, relocation, replacement, addition to, use or maintenance of plumbing equipment and systems. Plumbing systems and equipment shall be constructed, installed and maintained in accordance with the Plumbing Code. Private sewage disposal systems shall conform to the Plumbing Code.

2902.1.1 Unisex toilet and bath fixtures. Fixtures located within unisex toilet bathing rooms are permitted to be included in determining the minimum required number of fixtures.

2902.1.2 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.

2902.1.3 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] TABLE 2902.1
MINIMUM NUMBER OF REQUIRED PLUMBING FIXTURES a
(See Sections 2902.2 and 2902.3)

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

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 less.

3. Separate facilities shall not be required in office and mercantile occupancies which are less than 2500 square feet.

3109.1 General. Swimming pools shall comply with the requirements of this section and other applicable sections of this code. These requirements shall be applicable to all new swimming pools hereafter constructed and shall apply to all existing pools which have a depth of 18 inches or more of water. No person in possession of land within the city, either as an owner, purchaser, lessee, tenant, or a licensee, upon which is situated a swimming pool having a depth of 18 inches or more shall fail to provide and maintain such a fence or wall as herein provided

3109.2 Definition. The following word and term shall, for the purposes of this section and as used elsewhere in this code, have the meaning shown herein.

SWIMMING POOLS. Any structure intended for swimming, recreational bathing or wading that contains water over 18 inches (457 mm) deep. This includes in-ground, above-ground and on-ground pools; hot tubs; spas and fixed-in-place wading pools.

3109.4.1 Barrier height and clearances. The top of the barrier shall be at least 42 inches (1066 mm) above grade measured on the side of the barrier that faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be two inches (51mm) measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be four inches (102 mm).

3109.4.1.8 Dwelling wall as a barrier. A wall of a dwelling may serve as part of the barrier.

3109.4.4 Modifications. Modification in individual cases, upon a showing of good cause with respect to height, nature, or location of a fence, wall, gates, or latches, or the necessity thereof, may be made by the building official, provided the protection as sought hereunder is not reduced thereby. The building official may grant permission for other protective devices or structures to be used as long as the degree of protection afforded by this substitute device or structure is not less than the protection afforded by the wall, fence, gate, and latch described herein. A reasonable period within which to comply with the requirements of this section for existing swimming pools shall be allowed, which period shall not exceed 90 days after notification by the building official.

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 3-C. Construction documents and a schedule for demolition must be submitted when required by the building official. Where such information is required, no work shall 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 authority having jurisdiction.

Before a razing permit can be issued, the applicant must furnish approval from the city engineering department that applicable permits have been secured to assure 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.

3401.3 Compliance with other codes. Alterations, repairs, additions and changes of occupancy to existing structures shall comply with the provisions for alterations, repairs, additions and changes of occupancy in the Fire Code, Fuel Gas Code, Plumbing Code, Property Maintenance Code, Mechanical Code, Residential Code and Electrical Code.

3408.1 Conformance. Structures moved into or within the city shall comply with the provisions of this code for new structures.

1. Mobile homes used as a dwelling and located in a mobile home park operated under a valid license;

3. Mobile homes used as a dwelling associated with a farm in conformance with Section 15.07.030;

4. Structures used as a temporary office or shelter on a construction or development site when approved by the building official;

5. Structures used as a temporary business office for a period not exceed one year when approved by the building official and provided it meets the applicable accessibility requirements of this code;

6. Mobile homes used as a temporary dwelling as specified in Section 15.63.080(c)(2) of the Revised Ordinance of Sioux Falls;

7. Mobile homes used as caretaker quarters as specified in Section 15.49.110 of the Revised Ordinances of Sioux Falls;

8. Mobile homes/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.

3408.2 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 which 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, and city engineering department.

3408.3 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.

3408.4 License application. Any person desiring to engage in the business of building moving must file a written application for the building mover's license in the city engineering department.

3408.5 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.

3408.6 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 cancelled or otherwise terminated.

3408.7 Transferability. No license or permit issued pursuant to this chapter shall be transferable.

3408.8 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 48 hours prior to the move.

3408.9 Prerequisites to a permit. No permit to move a building shall be issued as hereunder provided until the following conditions have been satisfied.

A. A permit for capping the sanitary sewer service and/or water service shall be obtained pursuant to Section 41-20 and 41-21 of the Revised Ordinances of Sioux Falls.

B. 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.

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 restriction 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.

5. Submit original clear photographs of the front, rear, and side elevations of the dwelling to be moved.

C. 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.

D. When required by the building official, satisfactory evidence from a licensed pest control company that all nuisance pests have been exterminated from the structure.

E. Approval of the route and time of move by the city traffic engineer and city forester.

F. Approval from the planning and building services department concerning the moving of any building or structure in the historic district.

3408.10 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.

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.

3408.12 Denial. If the applicant fails to agree or comply with the conditions as set forth herein or, 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.

3408.13 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.

3408.14 Posting. Two moving placards must be posted on a visible location of 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.

3408.15 Escorts. Movers shall provide a front and rear escort for all movements.

3408.16 Flags. Red and orange flags, 12 inches by 12 inches, must be fastened to the rear corners of the moving structure.

3408.17 Notice to public service companies, cable TV operations, and the city of Sioux Falls. Before moving any building, the building mover shall notify the Metro Communications (911) immediately prior to entering public property. The mover shall make arrangements with the police department and traffic engineers 48 hours prior to the move if a police escort is required. The mover shall also give 48 hours 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.

3408.18 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.

3408.19 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.

3410.2 Applicability. Structures existing prior to March 11,1968 in which there is work involving additions, alterations or changes of occupancy shall be made to conform to the requirements of this section or the provisions of Sections 3403 through 3407. The provisions in Sections 3410.2.1 through 3410.2.5 shall apply to existing occupancies that will continue to be, or are proposed to be, in Groups A, B, E, F, M, R, S and U. These provisions shall not apply to buildings with occupancies in Group H or I.

(1957 Rev. Ords., § 1.6101; Ord. No. 2530, 3-11-68; Ord. No. 2769, 7-6-71; Ord. No. 33-72, 5-30-72; Ord. No. 25-73, 4-16-73; Ord. No. 33-73, 4-30-73; Ord. No. 27-79, § 1, 4-16-79; Ord. No. 61-80, §§ 3--39, 7-7-80; Ord. No. 27-82, §§ 3--5, 8--12, 3-29-82; Ord. No. 71-82, § I, 6-14-82; Ord. No. 115-84, §§ 1--5, 8-6-84; Ord. No. 116-84, §§ 1, 2, 8-6-84; Ord. No. 103-85, §§ 3--50, 12-2-85; Ord. No. 70-86, § 1, 7-7-86; Ord. No. 95-86, § 1, 11-24-86; Ord. No. 105-86, § 1, 12-8-86; Ord. No. 106-86, § 1, 12-8-86; Ord. No. 39-87, § 1, 6-1-87; Ord. No. 66-88, § 1, 7-25-88; Ord. No. 110-88, §§ 3--51, 11-28-88; Ord. No. 131-89, § 1, 12-18-89; Ord. No. 11-92, § 2(11-20), 2-3-92; Ord. No. 103-94, § 11, 11-21-94; Ord. No. 112-94, §§ 1--3, 12-19-94; Ord. No. 30-95, §§ 1--9, 2-21-95; Ord. No. 67-95, §§ 1--3, 5-15-95; Ord. No. 74-95, § 2, 6-5-95; Ord. No. 93-95, § 29, 7-3-95; Ord. No. 115-96, § 1, 10-7-96; Ord. No. 93-97, § 1, 12-15-97; Ord. No. 12-98, § 2, 2-2-98; Ord. No. 111-98, § 1, 10-19-98; Ord. No. 103-00, § 3, 12-4-00; Ord. No. 113-01, § 2, 12-10-01; Ord. No. 23-03, §§ 2--4, 3-3-03; Ord. No. 22-04, § 2, 3-1-04; Ord. No. 28-07, §§ 2–57, 2-20-07; Ord. No. 105-08, §§ 11—21, 8-18-08)

Secs. 11-21--11-30. Reserved.

ARTICLE III. MECHANICAL AND FUEL GAS CODE

Sec. 11-31. Adopted.

The International Mechanical Code including Appendix A, 2006 edition, and the International Fuel Gas Code including Appendix B and C, 2006 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. The minimum mechanical standards referenced in the International Mechanical Code and the International Fuel Gas Code shall be applied to any permit issued after May 31, 2007.

(Ord. No. 5-79, § 2, 1-8-79; Ord. No. 64-80, § 1, 7-7-80; Ord. No. 104-85, § 1, 12-2-85; Ord. No. 109-88, § 1, 11-28-88; Ord. No. 10-92, § 1, 2-3-92; Ord. No. 94-93, § 1, 12-6-93; Ord. No. 75-95, § 1, 6-5-95; Ord. No. 15-98, § 1, 2-2-98; Ord. No. 115-01, § 1, 12-10-01; Ord. No. 24-04, § 1, 3-1-04; Ord. No. 31-07, § 1, 2-20-07)

Sec. 11-32. Amendments.

The following sections and subsections of the International Mechanical Code adopted in this article shall be amended or added as follows. All other sections or subsections of the International Mechanical Code as published shall remain the same.

101.1 Title. These regulations shall be known as the Mechanical Code of the City of Sioux Falls, South Dakota, hereinafter referred to as "this code."

101.2 Scope. This code shall regulate the design, installation, maintenance, alteration, and inspection of mechanical systems that are permanently installed and utilized to provide control of environmental conditions and related processes within buildings. This code shall also regulate those mechanical systems, system components, equipment, and appliances specifically addressed herein. The installation of fuel gas distribution piping and equipment, fuel gas-fired appliances, and fuel gas-fired appliance venting systems shall be regulated by the International Fuel Gas Code.

1. Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories high with separate means of egress and their accessory structures shall comply with the International Residential Code.

2. Mechanical systems in existing buildings undergoing repair, alterations, or additions, and change in occupancy shall be permitted to comply with the International Existing Building Code.

103.4 Liability. The code official, officer, or employee charged with the enforcement of this code, while acting for the jurisdiction, shall not thereby be rendered 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 omission required or permitted in the discharge of official duties.

Any suit 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 provided by the city's insurance pool, and immunities and defenses provided by other applicable state and federal laws. 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; and any officer of the department of mechanical inspection, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.

106.1 When required. An owner, authorized agent, or contractor who desires to erect, install, enlarge, alter, repair, remove, convert, or replace a mechanical system, the installation of which is regulated by this code, or to cause such work to be done, shall first make application to the code official and obtain the required permit for the work. A permit is not required by a licensed mechanical contractor if an inspection as specified in Section 107 is requested and obtained for any mechanical work.

Exception: Where equipment and appliance replacements or repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day of the department of mechanical inspection.

106.4.3 Expiration. Every permit issued by the code official under the provisions of this code 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 work is commenced for a period of 180 days. Before such work recommences, a new permit shall be first obtained and the fee, therefore, shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original construction documents for such work, and provided further that such suspension or abandonment has not exceeded one year.

106.5.1 Work commencing before permit issuance. Any person who commences work on a mechanical system before obtaining the necessary permits may be subject to a $250.00 administrative fee in addition to the required permit fees. Legal and/or civil action may also be commenced.

106.5.2 Fee schedule. The fees for mechanical work shall be as indicated in the following schedule.

Homeowner's permit (plus the unit fee costs for the work to be inspected) . . . $20.00

2. For the installation or relocation of each forced-air or gravity-type furnace or burner, including ducts and vents attached to such appliance . . . 12.00

3. For the installation or relocation of each floor furnace, including vent . . . 12.00

4. For the installation or relocation of each suspended heater, recessed wall heater, or floor-mounted unit heater . . . 12.00

5. For the installation, relocation, or replacement of each appliance vent installed and not included in an appliance permit . . . 6.00

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 . . . 12.00

7. For the installation or relocation of each boiler or compressor or each absorption system . . . 12.00

8. For each air-handling unit to and including 10,000 cubic feet per minute (4,720 L/S), including ducts attached thereto . . . 12.00

12. For each ventilation system which is not a portion of any heating or air-conditioning system authorized by a permit . . . 10.00

13. For the installation of each commercial hood which is served by mechanical exhaust, including the ducts for such hood . . . 15.00

14. For the installation or relocation of each commercial, industrial, or domestic-type incinerator . . . 20.00

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 . . . 12.00

16. For each fire damper, smoke damper, or combination fire/smoke damper . . . 1.00

1. Inspections outside of normal business hours (minimum charge-one hour), per hour* . . . $70.00

2. Reinspection fees assessed under provisions of Section 107 (minimum charge-one hour), per hour* . . . 70.00

3. Inspections for which no fee is specifically indicated (minimum charge-one hour), per hour* . . . 70.00

4. Additional plan review required by changes, additions, or revisions to approved plans (minimum charge-one hour), per hour* . . . 70.00

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 authorized agent, the sum of $65.00 to cover the approximate cost of the procedure. Under no condition shall said sum or any portion thereof be refunded for failure of said request to be approved.

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. Said 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 Section 11-20 of the Revised 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 . . . 150.00

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 $100.00 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 of fee of $250.00 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.

106.5.3 Fee refunds. The code official shall authorize the refunding of fees 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 when no work has been done under a permit issued in accordance with this code.

3. Not more than 80 percent of the plan review fee paid when 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, except upon written application filed by the original permittee not later than 180 days after the date of fee payment.

107.1 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, 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. When 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, fireblocking, 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.

Exception: Ground source heat pump loop systems tested in accordance with Section 1208.1.1 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 completed, and before any portion of such equipment or appliances is concealed by any permanent portion of the structure.

108.3 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.

108.4 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 punishable under Chapter 1 and/or 2 of the Revised Ordinances of Sioux Falls, SD.

108.5 Stop work orders. Upon notice from the code official that mechanical work is being done contrary to the provisions of this code or in a dangerous or unsafe manner, such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work on the system 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 an ordinance violation and punishable under the general penalty provisions of this code.

109.1 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, the International Fuel Gas Code, including Part IV—Fuel Gas and Part V—Mechanical 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, the International Mechanical Code, and the International Fuel Gas Code. 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.

109.1.1 Limitation of authority. The Mechanical Board of Appeals and Examiners shall have no authority relative to interpretation of the administration of this code nor shall such board be empowered to waive requirements of this code.

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, National Electrical Code, International Fire Code, International Fuel Gas Code, or the Uniform Plumbing Code, such terms shall have meanings ascribed to them as in those codes.

301.7 Electrical. Electrical wiring, controls, and connections to equipment and appliances regulated by this code shall be in accordance with the Electrical Code.

301.8 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.

301.10 Vibration isolation. Where vibration isolation of equipment and appliances is employed, an approved means of supplemental restraint shall be used to accomplish the support and restraint.

Piping, electrical conduit, ductwork, vents, and the like shall not be used to provide support or restraint of equipment.

Where other portions of this code or provisions of the building code require noncombustible construction or supports, noncombustible materials shall also be used to meet the requirements of this section.

303.3 Prohibited locations. Fuel-fired appliances shall not be located in, or obtain combustion air from, any of the following rooms or spaces:

1. Direct-vent appliances that obtain all combustion air directly from the outdoors.

2. Solid fuel-fired appliances, provided that the room is not a confined space and the building is not of unusually tight construction.

3. Appliances installed in a dedicated enclosure in which all combustion air is taken directly from the outdoors in accordance with Section 703. Access to such enclosure shall be through a solid door, weather-stripped in accordance with the exterior door air leakage requirements of the International Energy Conservation Code and equipped with an approved self-closing device.

304.9 Clearance from grade. Equipment and appliances installed at grade level shall be supported on a level concrete slab or other approved material extending above adjoining grade or shall be suspended a minimum of 6 inches (152 mm) above adjoining grade.

Equipment and appliances including the service areas shall be provided with a minimum 80-inch (2029 mm) headroom clearance.

305.4 Interval of support. Piping shall be supported at distances not exceeding the spacing specified in Table 305.4, or in accordance with MSS SP-69.

306.3.1 Electrical requirements. A luminaire controlled by a switch located at the required passageway opening and a receptacle outlet shall be provided at or near the appliance location in accordance with the Electrical Code.

306.4.1 Electrical requirements. A luminaire controlled by a switch located at the required passageway opening and a receptacle outlet shall be provided at or near the appliance location in accordance with the Electrical Code.

306.5 Equipment and appliances on roofs or elevated structures. Where equipment and appliances requiring access are installed on roofs or elevated structures at a height exceeding 16 feet (4877 mm), such access shall be provided by a permanent approved means of access, the extent of which shall be from floor level to the equipment and appliances' level service space. Exterior access may be by means of a ladder which need not extend closer than 7 feet (2134 mm) to finished grade. Such access shall not require climbing over obstructions greater than 30 inches (762 mm) high or walking on roofs having a slope greater than 4 units vertical in 12 units horizontal (33 percent slope).

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).

5. Rungs shall have a minimum 0.75-inch (19 mm) diameter and be capable of withstanding a 300-pound (136.1 kg) load.

6. Ladders over 30 feet (9144 mm) in height shall be provided with offset sections and landings capable of withstanding 100 pounds (488.2 kg/m²) per square foot.

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.

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 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.

306.5.2 Electrical requirements. A receptacle outlet shall be provided at or near the equipment location in accordance with the Electrical Code.

312.1 Load calculations. Heating and cooling system design loads for the purpose of sizing systems, appliances and equipment may be required to be determined in accordance with the procedures described in the ASHRAE Handbook of Fundamentals. Heating and cooling loads shall be adjusted to account for load reductions that are achieved when energy recovery systems are utilized in the HVAC system in accordance with the ASHRAE Handbook-HVAC Systems and Equipment. Alternatively, design loads may be determined by an approved equivalent computation procedure, using the design parameters specified in Chapter 3 of the International Energy Conservation Code.

401.4.1 Intake openings. Mechanical and gravity outdoor air intake openings shall be located a minimum of 10 feet (3,048 mm) horizontally from any hazardous or noxious contaminant source, such as vents, chimneys, plumbing vents, streets, alleys, parking lots, and loading docks, except as otherwise specified in this code. Where a source of contaminant is located within 10 feet (3,048 mm) horizontally of an intake opening, such opening shall be located a minimum of 2 feet (610 mm) below the contaminant source.

Environmental air exhausted from a residential dwelling shall not be considered to be a hazardous or noxious contaminant.

403.3 Ventilation rate. Ventilation systems shall be designed to have the capacity to supply the minimum outdoor airflow rate determined in accordance with Table 403.3 based on the occupancy of the space and the occupant load or other parameters stated therein, or shall be designed in accordance with ASHRAE Standard 62-2004. The occupant load utilized for design of the ventilation system shall not be less than the number determined from the estimated maximum occupant load rate indicated in Table 403.3. Ventilation rates for occupancies not represented in Table 403.3 shall be determined by an approved engineering analysis. The ventilation system shall be designed to supply the required rate of ventilation air continuously during the period the building is occupied, except as otherwise stated in other provisions of the code.

Exception: The occupant load is not required to be determined, based on the estimated maximum occupant load rate indicated in Table 403.3 where approved statistical data documents the accuracy of an alternate anticipated occupant density.

For SI: 1 cubic foot per minute = 0.0004719m³/s, 1 ton = 908 kg, 1 cubic foot per minute per square foot = 0.00508m³/(s • m²), ºC = [(ºF) -32]/1.8, 1 square foot = 0.0929m².

b. Mechanical exhaust required and the recirculation of air from such spaces as permitted by Section 403.2.1 is prohibited (see Section 403.2.1, Items 1 and 3).

c. Spaces unheated or maintained below 50ºF are not covered by these requirements unless the occupancy is continuous.

d. Ventilation systems in enclosed parking garages shall comply with Section 404.

e. Where the ventilation rate is expressed in cfm/ft², such rate is based upon cubic feet per minute per square foot of the floor area being ventilated.

f. The sum of the outdoor and transfer air from adjacent spaces shall be sufficient to provide an exhaust rate of not less than 1.5 cfm/ft².

h. Mechanical exhaust is required and recirculation is prohibited except that recirculation shall be permitted where the resulting supply air stream consists of not more than 10 percent air recirculated from these spaces (see Section 403.2.1, Items 2 and 4).

i. The required exhaust system shall capture the contaminants and odors at their source or within 10 feet of the finished floor.

501.2.1 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 environmental air duct 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.

Exception. Bathroom exhaust fans serving individual dwelling units or sleeping units in Group R's may be 3 feet from property lines, operable openings, and mechanical air intakes.

4. For specific systems: For clothes dryer exhaust, see Section 504.4; for kitchen hoods, see Section 506.3; for dust, stock, and refuse conveying systems, see Section 511.2; and for subslab soil exhaust systems, see Section 512.4.

504.6.1 Maximum length. The maximum length of a clothes dryer exhaust duct shall not exceed 25 feet (7,620 mm) from the dryer location to the outlet terminal. The maximum length of the duct shall be reduced 2 1/2 feet (762 mm) for each 45 degree (0.79 rad) bend and 5 feet (1,524 mm) for each 90 degree (1.6 rad) bend. The maximum length of the exhaust duct does not include the transition duct.

Exception: Where the make and model of the clothes dryer to be installed is known and the manufacturer's installation instructions for such dryer are provided to the code official, the maximum length of the exhaust duct, including any transition duct, shall be permitted to be in accordance with the dryer manufacturer's installation instructions.

506.3.6 Grease duct clearances. Grease duct systems and exhaust equipment serving a Type I hood shall have a clearance to combustible construction of not less than 18 inches (457 mm), and shall have a clearance to noncombustible construction and gypsum wallboard attached to noncombustible structures of not less than 3 inches (76 mm).

1. Listed and labeled factory-built commercial kitchen grease ducts and exhaust equipment installed in accordance with Section 304.1.

2. The 18-inch (457 mm) clearance to combustible construction is allowed to be reduced to 3 inches (76 mm) where the combustible construction is protected with materials as required for a one-hour fire-resistive construction for hood replacements only where the existing adjacent construction is combustible.

506.3.10 Grease duct enclosure. A grease duct serving a Type I hood that penetrates a ceiling, wall, or floor shall be enclosed from the point of penetration to the outlet terminal. A duct shall penetrate exterior walls only at locations where unprotected openings are permitted by the International Building Code. Ducts shall be enclosed in accordance with the International Building Code requirements for shaft construction. The duct enclosure shall be sealed around the duct at the point of penetration and vented to the outside of the building through the use of weather-protected openings. Clearance from the duct to the interior surface of enclosures of combustible construction shall be not less than 18 inches (457 mm). Clearance from the duct to the interior surface of enclosures of noncombustible construction or gypsum wallboard attached to noncombustible structures shall be not less than 6 inches (152 mm). The duct enclosure shall serve a single grease exhaust duct system and shall not contain any other ducts, piping, wiring, or systems.

1. The shaft enclosure provisions of this section shall not be required where a duct penetration is protected with a through-penetration fire-stop system classified in accordance with ASTM E 814 and having an "F" and "T" rating equal to the fire-resistance rating of the assembly being penetrated and where the surface of the duct is continuously covered on all sides from the point at which the duct penetrates a ceiling, wall, or floor to the outlet terminal with a classified and labeled material, system, method of construction, or product specifically evaluated for such purpose, in accordance with ASTM E 2336. Exposed duct wrap systems shall be protected where subject to physical damage.

2. The shaft enclosure provisions of this section shall not be required where a duct penetration is protected with a through-penetration fire-stop system classified in accordance with ASTM E 814 and having an "F" and "T" rating equal to the fire resistance rating of the assembly being penetrated and where a prefabricated grease duct enclosure assembly is protected on all sides from the point at which the duct penetrates a ceiling, wall, or floor to the outlet terminal with a classified and labeled prefabricated system specifically evaluated for such purposes in accordance with UL 2221.

3. The 18-inch (457 mm) clearance to combustible construction is allowed to be reduced to 3 inches (76 mm) where the combustible construction is protected with materials as required for a one-hour fire-resistive construction for hood replacements only where the existing adjacent construction is combustible.

507.1 General. Commercial kitchen exhaust hoods shall comply with the requirements of this section. Hoods shall be Type I or Type II and shall be designed to capture and confine cooking vapors and residues.

1. Factory-built commercial exhaust hoods which are tested in accordance with UL 710, listed, labeled, and installed in accordance with Section 304.1 shall not be required to comply with Sections 507.4, 507.7, 507.11, 507.12, 507.13, 507.14, and 507.15.

2. Factory-built commercial cooking recirculating systems which are tested in accordance with UL 710B, listed, labeled, and installed in accordance with Section 304.1 shall not be required to comply with Sections 507.4, 507.5, 507.7, 507.12, 507.13, 507.14, and 507.15.

3. Net exhaust volumes for hoods shall be permitted to be reduced during no-load cooking conditions, where engineered or listed multispeed or variable speed controls automatically operate the exhaust system to maintain capture and removal of cooking effluents as required by this section.

507.9 Clearances for Type I hood. A Type I hood shall be installed with a clearance to combustibles of not less than 18 inches (457 mm).

1. Clearance shall not be required from gypsum wallboard attached to noncombustible structures provided that a smooth, cleanable, nonabsorbent, and noncombustible material is installed between the hood and the gypsum wallboard over an area extending not less than 18 inches (457 mm) in all directions from the hood.

508.1.1 Makeup air temperature. The temperature of makeup air shall not be more than ten degrees F (six degrees C) below the temperature of the air in the conditioned space.

2. Makeup air that does not decrease the comfort conditions of the occupied space.

512.1 General. When a subslab soil exhaust system is provided, the duct shall conform to the requirements of this section.

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.

512.3 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).

512.4 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 (3048 mm) from any operable openings or air intake.

602.2.1 Materials exposed within plenums. Except as required by Sections 602.2.1.1 through 602.2.1.5, materials within plenums shall be noncombustible or shall have a flame spread index of not more than 25 and a smoke-developed index of not more than 50 when tested in accordance with ASTM E 84.

2. Duct coverings, linings, tape, and connectors shall conform to Sections 603 and 604.

3. This section shall not apply to materials exposed within plenums in one- and two-family dwellings.

5. Combustible materials enclosed in noncombustible raceways or enclosures, approved gypsum board assemblies, or enclosed in materials listed and labeled for such application.

602.2.1.1 Wiring. Combustible electrical or electronic wiring methods and materials, optical fiber cable, and optical fiber raceway exposed within a plenum shall have a peak optical density not greater than 0.50, an average optical density not greater than 0.15, and a flame spread not greater than 5 feet (1,524 mm) when tested in accordance with NFPA 262. Only type OFNP (plenum rated nonconductive optical fiber cable) shall be installed in plenum-rated optical fiber raceways. Wiring, cable, and raceways addressed in this section shall be listed and labeled as plenum rated and shall be installed in accordance with Electrical Code.

603.2 Duct sizing. Ducts installed in a single family dwelling unit may be required to be sized in accordance with ACCA Manual D or other approved methods. Ducts installed within all other buildings shall be sized in accordance with the ASHRAE Handbook of Fundamentals or other equivalent computation procedure.

603.4 Metallic ducts. All metallic ducts shall be constructed as specified in the SMACNA HVAC Duct Construction Standards-Metal and Flexible.

1. Ducts installed within single dwelling units shall have a minimum thickness as specified in Table 603.4.

603.6.1.1 Duct length. Flexible air ducts shall be limited in length to 14 feet.

603.6.3 Air temperature. The design temperature of air to be conveyed in flexible air ducts shall be less than 250 degrees F (121 degrees C).

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.

603.9 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 longitudinal and transverse joints, seams and connections in ducts located outside of the building envelope, all return ducts located within 10 feet (2.28 m) of any appliance or all return ducts within a mechanical room and the plenum/coil cabinet connections shall be made substantially airtight and be securely fastened and sealed with welds gaskets, mastics (adhesives), mastic-plus- embedded-fabric systems, or tapes. Tapes and mastics used to seal ductwork listed and labeled in accordance with UL181A 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 flexible air ducts and flexible air connectors shall comply with UL 181B and shall be marked "181B-FX" for pressure-sensitive tape or "181B-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 181B-C. Unlisted duct tape is not permitted as a sealant on any metal ducts.

606.4.1 Supervision. The duct smoke detectors shall be connected to a fire alarm system. The actuation of a duct smoke detector shall activate a visible and audible supervisory signal at a constantly attended location. 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.

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 an 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.

703.1.1 Number and location of openings. Two openings shall be provided, one within one foot (305 mm) of the ceiling of the room and one within 1 foot (305 mm) of the floor.

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.

703.1.5 Alternate combustion air sizing. 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 fuel-burning appliances shall be as specified in Table 7-A.

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

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 150 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 in 2 (5,800 mm²) or larger and the smaller dimension must be not less than 3 inches (76.2 mm).

802.3 Installation. Vent systems shall be sized, installed, and terminated in accordance with the vent and appliance manufacturer's installation instructions. Type B vents shall not be installed with offsets in concealed spaces.

(Ord. No. 10-92, § 1, 2-3-92; Ord. No. 42-93, § 1, 5-3-93; Ord. No. 94-93, § 1, 12-6-93; Ord. No. 94-93, § 1, 12-6-93; Ord. No. 75-95, § 2, 6-5-95; Ord. No. 116-96, § 1, 10-7-96; Ord. No. 93-97, § 2, 12-15-97; Ord. No. 15-98, § 2, 2-2-98; Ord. No. 115-01, § 1, 12-10-01; Ord. No. 24-04, § 2, 3-1-04; Ord. No. 27-05, § 2, 3-21-05; Ord. No. 31-07, §§ 2-48, 2-20-07; Ord. No. 105-08, §§ 22-30, 8-18-08)

Sec. 11-33. Amendments, additions, and deletions to the International Fuel Gas Code.

The following sections of the International Fuel Gas Code shall be amended, added, or deleted as follows. All other sections or subsections of the International Fuel Gas Code as published shall remain the same.

101.1 Title. These regulations shall be known as the Fuel Gas Code of the city of Sioux Falls, SD, hereinafter referred to as "this code."

101.2 Scope. This code shall apply to the installation of fuel gas piping systems, fuel gas utilization equipment, gaseous hydrogen systems, and related accessories in accordance with Sections 101.2.1 through 101.2.5.

2. Mechanical systems in existing buildings undergoing repair, alterations or additions, and change of occupancy shall be permitted to comply with the International Existing Building Code.

103.4 Liability. The code official, officer, or employee charged with the enforcement of this code, while acting for the city, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required or permitted in the discharge of official duties.

Any suit 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. 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; and any officer of the Department of Inspection, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.

106.1 When required. An owner, authorized agent, or contractor who desires to erect, install, enlarge, alter, repair, remove, convert, or replace an installation regulated by this code, or to cause such work to be done, shall first make application to the code official and obtain the required permit for the work. A permit is not required by a licensed mechanical contractor if an inspection as specified in Section 107 (IFGC) is requested and obtained for any fuel gas work.

Exception: Where equipment replacements and repairs are required to be performed in an emergency situation, the permit application shall be submitted within the next working business day of the Department of Inspection.

106.5.1 Work commencing before permit issuance. Any person who commences work on an installation before obtaining the necessary permits may be subject to a $250.00 administrative fee in addition to the required permit fees.

106.5.2 Fee schedule. The fees for work shall be as indicated in Table No. 1-A, Mechanical Permit Fees, in this code.

106.5.3 Fee refunds. The code official shall authorize the refunding of fees 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 when no work has been done under a permit issued in accordance with this code.

The code official shall not authorize the refunding of any fee paid, except to the original permittee not later than 180 days after the date of fee payment. The administrative authority may establish policies governing the procedure for fee refunds.

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.

Exception: Ground-source heat pump loop systems tested in accordance with Section 1208.1.1 shall be permitted to be backfilled prior to inspection.

108.4 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 punishable under Chapter 1 and/or 2 of the Revised Ordinances of Sioux Falls, SD.

108.5 Stop work orders. Upon notice from the code official that work is being done contrary to the provisions of this code or in a dangerous or unsafe manner, such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, the owner's agent, or the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work on the system 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 an ordinance violation and punishable by the general provisions of this code.

201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the ICC National Electrical Code, International Building Code, International Residential Code, International Existing Building Code, International Fire Code, International Mechanical Code, or Uniform Plumbing Code, such terms shall have meanings ascribed to them as in those codes.

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 or 304.6.2. 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 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

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 150 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).

[M] 306.3.1 Electrical requirements. A luminaire controlled by a switch located at the required passageway opening and a receptacle outlet shall be provided at or near the equipment location in accordance with the Electrical Code.

[M] 306.4.1 Electrical requirements. A luminaire lighting fixture controlled by a switch located at the required passageway opening and a receptacle outlet shall be provided at or near the equipment location in accordance with the Electrical Code.

[M] 306.5 Appliances on roofs or elevated structures. Where appliances requiring access are installed on roofs or elevated structures at a height exceeding 16 feet (4877 mm), such access shall be provided by a permanent approved means of access, the extent of which shall be from grade or floor level to the appliance's level service space. Exterior access may be by means of a ladder which need not extend closer than 7 feet (2134 mm) to finished grade. Such access shall not require climbing over obstructions greater than 30 inches high (762 mm) or walking on roofs having a slope greater than 4 units vertical in 12 units horizontal (33 percent slope).

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 a rung spacing not to exceed 14 inches (356 mm) on center.

5. Rungs shall have a minimum diameter of 0.75 inch (19 mm) and shall be capable of withstanding a 300-pound (136.1 kg) load.

6. Ladders over 30 feet (9144 mm) in height shall be provided with offset sections and landings capable of withstanding a load of 100 pounds per square foot (488.2 kg/m²).

Catwalks installed to provide the required access shall be not less than 24 inches wide (610 mm) and shall have railings as required for service platforms.

[M] 306.5.2 Electrical requirements. A receptacle outlet shall be provided at or near the equipment location in accordance with the Electrical Code.

309.2 Connections. Electrical connections between equipment and the building wiring, including the grounding of the equipment, shall conform to the Electrical Code.

502.5 Installation. Vent systems shall be sized, installed, and terminated in accordance with the vent and appliance manufacturer's installation instructions and Section 503. Type B vents shall not be installed with offsets in concealed spaces.

503.4.1 Plastic piping. Plastic piping used for venting appliances listed for use with such venting materials shall be approved.

Plastic pipe and fittings used to vent appliances shall be installed in accordance with the pipe manufacturer's installation instructions and the appliance manufacturer's installation instructions. Solvent cement joints between ABS pipe and fittings shall be cleaned. Solvent cement joints between CPVC and PVC pipe and fittings shall be primed. The primer shall be a contrasting color.

Exception: Where compliance with this section would conflict with the appliance manufacturer's installation instructions.

(Ord. No. 115-01, § 1, 12-10-01; Ord. No. 24-04, § 3, 3-1-04; Ord. No. 31-07, §§ 49-76, 2-20-07)

Sec. 11-34. Definitions.

For the purpose of this article, the following words and phrases will have the meanings respectfully ascribed to them.

Employee means 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 means a person who has the necessary qualification, training, experience, and technical knowledge to properly plan, layout, and install fireplaces.

Fireplace work shall include 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 means 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.

Master mechanic means 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 means 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 means installing, altering, repairing, planning, or laying out of heating, ventilating, air-conditioning, refrigeration, and fireplace systems or equipment.

Mechanical work means all installation, alteration, repair, replacement, and maintenance of heating, ventilation, air-conditioning, refrigeration, and fireplace systems or equipment.

Owner is 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 means that a master mechanic oversees and directs the mechanical work performed by employee(s) such that:

(2) The master mechanic is able to and does determine that all mechanical work performed by the employee(s) is performed in compliance with this chapter and any other ordinance regulating mechanical installations.

Refrigeration contractor means 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 work shall include all cooling systems or equipment that will be used for other than human comfort.

(Ord. No. 94-93, § 1, 12-6-93; Ord. No. 115-01, § 1, 12-10-01; Ord. No. 24-04, § 4, 3-1-04)

Sec. 11-35. 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. 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.

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 such time as a person holding an inactive license desires to change to an active contractor's license, that person shall pay the appropriate for said license.

(Ord. No. 94-93, § 1, 12-6-93; Ord. No. 15-98, § 3, 2-2-98; Ord. No. 115-01, § 1, 12-10-01; Ord. No. 24-04, § 4, 3-1-04; Ord. No. 31-07, § 77, 2-20-07)

Sec. 11-36. Repealed.

Sec. 11-37. 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) 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.

(c) 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.

(d) Application. Applications for testing shall be made on forms furnished by the code official.

(e) 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.

(f) 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.

(Ord. No. 94-93, § 1, 12-6-93; Ord. No. 14-94, § 1, 2-22-94; Ord. No. 115-01, § 1, 12-10-01; Ord. No. 24-04, § 4, 3-1-04; Ord. No. 31-07, § 79, 2-20-07)

Sec. 11-38. Termination of master mechanic.

In the case of termination of the designated master mechanic, a mechanical contractor may be issued a temporary license permitting such firm, partnership, or corporation to continue mechanical work for 90 days provided that a bond required in section 11-40 has been filed. No new permits may be issued until a new master mechanic has been licensed.

(Ord. No. 94-93, § 1, 12-6-93; Ord. No. 15-98, § 5, 2-2-98; Ord. No. 115-01, § 1, 12-10-01)

Sec. 11-39. License use restricted.

No licensed mechanical contractor, refrigeration, or fireplace contractor shall allow his 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 such system or equipment.

(Ord. No. 94-93, § 1, 12-6-93; Ord. No. 115-01, § 1, 12-10-01; Ord. No. 24-04, § 4, 3-1-04)

Sec. 11-40. 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 $10,000.00 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 the this chapter. The bond shall be in lieu of all other license bonds to any political subdivision or government agency. Such bond shall be written by a corporate surety licensed to do business in the state of South Dakota.

(b) Claims upon such bond may be filed by any person damaged by reason of the principal's failure to perform his 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 such bond.

(Ord. No. 94-93, § 1, 12-6-93; Ord. No. 115-01, § 1, 12-10-01; Ord. No. 24-04, § 4, 3-1-04)

Sec. 11-41. 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.

(Ord. No. 94-93, § 1, 12-6-93; Ord. No. 115-01, § 1, 12-10-01; Ord. No. 24-04, § 4, 3-1-04)

Sec. 11-42. 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.

(Ord. No. 94-93, § 1, 12-6-93; Ord. No. 115-01, § 1, 12-10-01; Ord. No. 24-04, § 4, 3-1-04)

Sec. 11-43. 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 percent 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.

(Ord. No. 94-93, § 1, 12-6-93; Ord. No. 14-94, § 2, 2-22-94; Ord. No. 75-95, § 3, 6-5-95; Ord. No. 115-01, § 1, 12-10-01)

Sec. 11-44. Examination.

(a) Before a master mechanic license or refrigeration contractor license shall be issued, the applicant shall be required to submit to and pass an examination as to his qualifications and fitness to install heating, ventilating, and air-conditioning or refrigeration equipment as applicable. Such examination shall be given under the direction of the mechanical 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 examinations shall be made at least one week prior to the examination date.

(Ord. No. 94-93, § 1, 12-6-93; Ord. No. 115-01, § 1, 12-10-01; Ord. No. 105-08, § 31, 8-18-08)

Sec. 11-45. Installation by owner.

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 such labor or installation. Such 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.

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 Section 108.7 of the International Mechanical Code.

All homeowner permits shall expire by limitation and become null and void if the work authorized is not completed within two years from the date of such permit, and all work which has not received a final inspection shall be presumed unsafe in accordance with Section 108.7 of the International Mechanical Code.

(Ord. No. 94-93, § 1, 12-6-93; Ord. No. 116, § 2, 10-7-96; Ord. No. 115-01, § 1, 12-10-01; Ord. No. 24-04, § 4, 3-1-04)

Sec. 11-46. Suspension or revocation of license.

The chief building services official may suspend, revoke, or refuse to renew a license if he finds:

a. Has violated any applicable provision of this code, city ordinance, rule, regulation, or state law.

c. Has filed an application for a license which is incomplete in any material respect or contains statements which are false or misleading.

d. Fails to file with the chief building services official the necessary bonds or certificate of insurance.

e. Fails to provide copies of records in the person's possession related to a matter under investigation.

f. Fails to pay inspection and permit fees in a timely manner as determined by the chief building services official.

(Ord. No. 94-93, § 1, 12-6-93; Ord. No. 116-96, § 3, 10-7-96; Ord. No. 115-01, § 1, 12-10-01; Ord. No. 105-08, § 32, 8-18-08)

Sec. 11-47. 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 mechanical 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 hearing. The department shall immediately deliver a copy of the appeal to the city attorney who will act as legal counsel.

(Ord. No. 94-93, § 1, 12-6-93; Ord. No. 116-96, § 4, 10-7-96; Ord. No. 115-01, § 1, 12-10-01)

Sec. 11-48. 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 such 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.

Sec. 11-49. Hearing procedures.

The following rules shall govern the procedures for an administrative hearing on matters concerning license suspension, revocation, or refusal to renew.

(1) Hearings and administrative appeals need not be conducted according to the technical rules relating to evidence and witnesses.

(3) The chairman of the board or the board recorder shall administer oaths or affirmations to witnesses.

(4) 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 such evidence after objection in civil actions in courts of competent jurisdiction in this state.

(5) Irrelevant and unduly repetitious evidence and evidence that lacks trustworthiness shall be excluded.

(6) The appellant, the major organization unit or agency, and any other party to an appeal shall have these rights among others:

a. To call and examine witnesses on any matter relevant to the issue of the hearing;

c. To cross-examine opposing witnesses on any matter relevant to the issues of the hearing; and

(7) After each appeal hearing, the board or hearing examiner shall perform the following:

b. Based upon such 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.

(8) 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.

(Ord. No. 116-96, § 6, 10-7-96; Ord. No. 115-01, § 1, 12-10-01; Ord. No. 105-08, § 33, 8-18-08)

Sec. 11-50. Appeal to circuit court.

The decision of the board or the hearing examiner is subject to judicial review as provided by law.

(Ord. No. 116-96, § 7, 10-7-96; Ord. No. 115-01, § 1, 12-10-01; Ord. No. 31-07, § 80, 2-20-07)

ARTICLE IV. EXISTING BUILDING CODE

Section 11-51. Adopted.

The International Existing Building Code, 2006 edition, including Appendix A, Referenced Standards, and 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 as an alternate 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 therefore. The alternate minimum building standards in the 2006 edition of the International Existing Building Code and amendments thereto shall be applied to any building permit issued after May 31, 2007.

Section 11-52. Amendments and additions.

The following sections and subsections of the Existing Building Code adopted in this article shall be amended or added as follows. All other sections or subsections of the building code as published shall remain the same.

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."

103.1 Enforcement agency. Building services is hereby created, and the official in charge thereof shall be known as the building official.

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 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. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be afforded all the protection provided by the city's insurance pool and immunities and defenses provided by other applicable state and federal laws. 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.

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.

105.1 Required. Any owner or 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 done, shall first make application to the code official and obtain the required permit. The building official may exempt permits for minor work.

107.1 General. The code official is authorized to issue a permit for temporary uses. Such permits shall be limited as to time of service but shall not be permitted for more than 365 days. Extensions beyond 365 days are not allowed. Structures used as a temporary business office shall be provided with an accessible route that meets accessibility requirements of this code.

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

108.7 Delinquent accounts. The city may refuse to issue permits or conduct inspections for any person or business whose account is delinquent.

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.

110.1 Altered area use and occupancy classification change. No building undergoing a change in occupancy shall be used or occupied, and no change in the existing occupancy classification of a building or portion thereof shall be made until the code official has issued a certificate of occupancy therefor as provided herein. 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.

110.2 Certificate issued. After the code official inspects the building and finds no violations of the provisions of this code or other laws that are enforced by building services, the code official shall issue a certificate of occupancy that shall contain the following:

6. The use and occupancy in accordance with the provisions of the International Building Code.

9. If fire protection systems are provided, whether the fire protection systems are required.

112.1 General. There shall be and is hereby created a board of appeals and examiners to hear and decide appeals of orders, decisions, or determinations made by the building official and the fire code 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 approve permits for house moves and to examine applicants for licensing, and to investigate matters brought to the board. Members shall be appointed by the mayor with the advice and consent of the city council and shall hold office for three-year terms. 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 services department.

112.2 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 have no authority relative to the administrative provisions of this code nor shall the board be empowered to waive requirements of this code.

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 R202-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.

[ICC EC] 302.6 Electrical. Additions, alterations, renovations, or repairs to electrical installations shall conform to the Electrical Code without requiring the existing installation to comply with all of the requirements of this code. Additions, alterations, or repairs shall not cause an existing installation to become unsafe, hazardous, or overloaded.

Minor additions, alterations, renovations, and repairs to existing installations shall meet the provisions for new construction, unless such work is done in the same manner and arrangement as was in the existing system, is not hazardous and is approved.

[P] 302.9 Plumbing. Additions, alterations, renovations, or repairs to plumbing installations shall conform to the Plumbing Code without requiring the existing installation to comply with all of the requirements of this code. Additions, alterations, or repairs shall not cause an existing installation to become unsafe, hazardous, or overloaded.

[ICC EC] 305.6 Electrical. It shall be unlawful to make a change in the occupancy of a structure that will subject the structure to the special provisions of the Electrical Code applicable to the new occupancy without approval. The code official shall certify that the structure meets the intent of the provisions of law governing building construction for the proposed new occupancy and that such change of occupancy does not result in any hazard to the public health, safety, or welfare.

[P] 305.9 Plumbing. It shall be unlawful to make a change in the occupancy of a structure that will subject the structure to the special provisions of the Plumbing Code applicable to the new occupancy without approval. The code official shall certify that the structure meets the intent of the provisions of law governing building construction for the proposed new occupancy and that such change of occupancy does not result in any hazard to the public health, safety, or welfare.

507.1 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.

507.1.4 Groups B and I-2 receptacles. Non-"hospital grade" receptacles in areas used for patient care locations of Group B, medical offices, and Group I-2 shall be replaced with "hospital grade" receptacles, as required by NFPA 99 and Article 517 of NFPA 70.

507.1.6 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 over current 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 minimum of two duplex receptacle outlets, or one duplex receptacle outlet and one ceiling or wall type lighting outlet. Each habitable room shall have a receptacle spaced not more than 12 feet on center around the perimeter of the habitable room.

(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. Each habitable room, hallway, basement, electrical panel location, egress entrance door, attached garage and detached garage provided with power shall have at least one ceiling or wall lighting fixture and a wall switch and/or switch receptacles located at the point of entrance to the room.

(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, unfinished basements, and at outdoor locations. The exceptions of the National Electrical Code 210.8(A) 3 and 5 shall apply.

(6) Each unfinished basement, separate kitchen counter location 12 inches or wider, bathroom adjacent to a basin, attached garage, detached garage with power shall have at least one receptacle to serve these areas.

(7) Laundries. Each laundry shall be provided with at least one separate 20-ampere circuit.

(9) Exposed wiring methods. All exposed wiring methods shall be installed in accordance with the applicable National Electrical Code article.

509.1 Materials. Plumbing materials and supplies shall not be used for repairs that are prohibited in the Plumbing Code.

602.3 Materials and methods. All new work shall comply with materials and methods requirements in the Electrical Code, International Building Code, International Energy Conservation Code, International Mechanical Code, and 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] 602.3.2 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.

[R] 602.3.3 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.

3. All of Sections G2431 through G2453 governing the appliances and equipment specifically identified therein.

704.2.2 Groups A, B, E, F-1, H, I, M, R-1, R-2, R-4, S-1, and S-2. In buildings with occupancies in Groups A, E, F-1, H, I, M, R-1, R-2, R-4, S-1, and S-2, work areas that include exits or corridors shared by more than one tenant or that serve an occupant load greater than 30 shall be provided with automatic sprinkler protection where all of the following conditions occur:

1. The work area is required to be provided with automatic sprinkler protection in accordance with the International Building Code as applicable to new construction;

3. The building has sufficient municipal water supply for design of a fire sprinkler system without installation of a new fire pump.

Exception: Work areas in Group R occupancies three stories or less in height.

704.2.3 Windowless stories. Work located in a windowless story, as determined in accordance with the International Building Code, shall be sprinklered where the work area is required to be sprinklered under the provisions of the International Building Code for newly constructed buildings and the building has a sufficient municipal water supply without installation of a new fire pump.

704.2.4 Other required suppression systems. In buildings and areas listed in Table 903.2.13 of the International Building Code, work areas that include exits or corridors shared by more than one tenant or serving an occupant load greater than 30 shall be provided with sprinkler protection under the following conditions:

1. The work area is required to be provided with automatic sprinkler protection in accordance with the International Building Code applicable to new construction; and

2. The building has sufficient municipal water supply for design of a fire sprinkler system without installation of a new fire pump.

705.3.1.2.1 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 R1, R 2, and I-1 occupancies or to provide access from spaces having a maximum occupant load of 10 in other occupancy classifications. Windows providing access to a fire escape shall comply with the following:

2.2. The minimum net clear opening height shall be 24 inches and the net clear opening width shall be 20 inches.

2.3. The bottom of the clear opening shall not be greater than 48 inches above the floor.

2.4. The operation of the window shall comply with the operational constraints of the building and residential code.

3. Newly constructed fire escapes shall be permitted only where exterior stairs cannot be utilized because of lot lines limiting the stair size or because of the sidewalks, alleys, or roads at grade level.

4. Openings within 10 feet (3048 mm) of fire escape stairs 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 child care centers, ladders of any type are prohibited on fire escapes used as a required means of egress.

708.1 New installations. All newly installed electrical equipment and wiring relating to work done in any work area shall comply with the materials and methods requirements of Chapter 5.

Exception: Electrical equipment and wiring in newly installed partitions and ceilings shall comply with all applicable requirements of the Electrical Code.

708.3.4 Ground fault circuit interruption. Newly installed receptacle outlets shall be provided with ground fault circuit interruption as required by the Electrical Code.

708.3.7 Clearance for equipment. Clearance for electrical service equipment shall be provided in accordance with the Electrical Code.

710.1 Minimum fixtures. 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 Plumbing Code based on the increased occupant load.

908.1 Special occupancies. Where the occupancy of an existing building or part of an existing building is changed to one of the following special occupancies as described in the Electrical Code, the electrical wiring and equipment of the building or portion thereof that contains the proposed occupancy shall comply with the applicable requirements of the Electrical Code whether or not a change of occupancy group is involved:

9. Theaters, audience areas of motion picture and television studios, and similar locations.

908.2 Unsafe conditions. Where the occupancy of an existing building or part of an existing building is changed, all unsafe conditions shall be corrected without requiring that all parts of the electrical system be brought up to the current edition of the Electrical Code.

908.3 Service upgrade. Where the occupancy of an existing building or part of an existing building is changed, electrical service shall be upgraded to meet the requirements of the Electrical Code for the new occupancy.

908.4 Number of electrical outlets. Where the occupancy of an existing building or part of an existing building is changed, the number of electrical outlets shall comply with the Electrical Code for the new occupancy.

910.1 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 Plumbing Code, the new occupancy shall comply with the intent of the respective Plumbing Code provisions.

910.2 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 Plumbing Code.

910.3 Interceptor required. If the new occupancy will produce grease or oil-laden wastes, interceptors shall be provided as required in the Plumbing Code.

910.5 Group I-2. If the occupancy group is changed to Group I-2, the plumbing system shall comply with the applicable requirements of the Plumbing Code.

912.4.1 Means of egress for change to higher hazard category. When a change of occupancy classification is made to a higher hazard category (lower number) as shown in Table 912.4, the means of egress shall comply with the requirements of Chapter 10 of the International Building Code.

1. Stairways shall be enclosed in compliance with the applicable provisions of Section 803.1.

2. Existing stairways including handrails and guards complying with the requirements of Chapter 8 shall be permitted for continued use subject to approval of the code official.

3. Any stairway replacing an existing stairway within a space where the pitch or slope cannot be reduced because of existing construction shall not be required to comply with the maximum riser height and minimum tread depth requirements.

4. Existing corridor walls constructed of wood lath and plaster in good condition or 1/2-inch-thick (12.7 mm) gypsum wallboard shall be permitted.

5. Existing corridor doorways, transoms, and other corridor openings shall comply with the requirements in Sections 705.5.1, 705.5.2, and 705.5.3.

6. Existing dead-end corridors shall comply with the requirements in Section 705.6.

7. An existing operable window with clear opening area no less than 4 square feet (0.38 m²) and with minimum opening height and width of 22 inches (559 mm) and 20 inches (508 mm), respectively, provided the operable window has a sill height of not more than 48 inches (1,220 mm) above the floor, shall be accepted as an emergency escape and rescue opening.

912.6.2 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 912.6, existing exterior walls, including openings, shall be accepted.

Exception: Where a property line is platted creating a Group R-3, multifamily dwelling (townhouse), 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 Applicability. Structures existing prior to March 11, 1968, in which there is work involving additions, alterations, or changes of occupancy shall be made to conform to the requirements of this chapter or the provisions of Chapters 4 through 12. The provisions of Sections 1301.2.1 through 1301.2.5 shall apply to existing occupancies that will continue to be, or are proposed to be, in Groups A, B, E, F, M, R, and S. These provisions shall not apply to buildings with occupancies in Group H or Group I.

[B] 1401.5 Facilities required. Sanitary facilities shall be provided during construction or demolition activities in accordance with the Plumbing Code.

Secs. 11-53 — 11-58. Reserved.

ARTICLE V. BUILDING SECURITY

Sec. 11-59. Purpose.

The purpose of this article 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.

Sec. 11-60. Scope.

The provisions of this article shall apply to openings into dwelling units within apartment houses of Group R, Division 2 Occupancies and Group R, Division 3 Occupancies 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 article.

(1) An opening in an exterior wall when all portions of such openings are more than 12 feet vertically or six 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 such openings are more than 12 feet vertically or six feet horizontally from the surface of any adjoining roof, balcony, landing, stair, tread, platform, or similar structure or when any portion of such surface is itself more than 12 feet above an accessible surface.

(3) Any opening in a roof when all portions of such roof are more than 12 feet above an accessible surface.

(4) Openings when the smaller dimension is six 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.

Sec. 11-61. Obstructing exits.

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 article be construed to waive any other provisions of the residential building code or the building code.

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.

Sec. 11-62. Entry vision.

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. Such 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.

Sec. 11-63. Doors.

Doors shall be provided with hardware such 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.

(1) 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 3-inch screws, which shall have a minimum of 3/4-inch penetration into the nearest stud. Strike plates when attached to metal shall be attached with not less than four No. 8 machine screws.

(2) 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 4 1/2-inch steel butt hinges shall be symmetrically fastened to both the door and frame with not less than four No. 9 by 3/4-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 6 inches above and below the plate.

(3) 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.

Sec. 11-64. 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.

Sec. 11-65. Alternate materials or methods.

The provisions of this article are not intended to prevent the use of any material, device, hardware, or method not specifically prescribed when such alternate provides equivalent security and is approved by the building official.

Secs. 11-66—11-74. Reserved.

ARTICLE VI. PROPERTY MAINTENANCE CODE*

**Editor’s note—Ord. No. 14-908, § 1, adopted Feb. 2, 1998, amended Art. VI, in its entirety, to read as herein set out in §§ 11-75 and 11-76. Prior to inclusion of said ordinance, Art. VI pertained to similar subject matter. Subsequently, Ord. No. 116-01, § 1, adopted Dec. 10, 2001, amended the title of Art. VI to read “International Property Maintenance Code”. Prior to inclusion of said ordinance, Art. VI was entitled, "Code for Abatement of Dangerous Buildings." Ord. No. 105-08, § 36, adopted August 18, 2008, amended the title of Art. VI to read “Property Maintenance Code”. See the Code Comparative Table.

Sec. 11-75. Adopted.

The International Property Maintenance Code, 2006 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. The minimum requirements and standards of the 2006 International Property Maintenance Code will become effective after May 31, 2007.

(Ord. No. 14-98, § 1, 2-2-98; Ord. No. 116-01, § 2, 12-10-01; Ord. No. 26-04, § 1, 3-1-04; Ord. No. 32-07, § 1, 2-20-07)

Sec. 11-76. Amendments.

The following sections and subsections of the International Property Maintenance Code adopted in this article shall be amended or added as follows. All other sections or subsections shall remain the same.

101.1 Title. These regulations shall be known as the Property Maintenance Code of the City of Sioux Falls, SD, hereinafter referred to as "this code."

101.3 Intent. The intent of this code is to provide flexibility to permit the use of alternative approaches to achieve compliance with minimum requirements to safeguard the public health, safety, and welfare insofar as they are affected by the repair, alteration, change of occupancy, addition, and relocation of existing buildings. Repairs, alterations, additions to, and change of occupancy in existing buildings shall comply with the International Existing Building Code.

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 Residential Code, International Existing Building Code, International Fuel Gas Code, International Mechanical Code, Uniform Plumbing Code, and the National Electrical Code. Nothing in this code shall be construed to cancel, modify, or set aside any provision of Appendix B of the Revised Ordinances of the Sioux Falls, SD.

103.2 Code official. The chief building services official is designated as the code official and shall enforce all provisions of this code.

103.4 Liability. The code official, officer or employee charged with the enforcement of this code, while acting for the jurisdiction, shall not thereby be rendered 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 omission required or permitted in the discharge of official duties.

Any suit 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 by the city's insurance pool and any immunities and defenses provided by other applicable state and federal laws. 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; and any officer or employee of the city, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.

103.5 Fees. The fees for building permits, 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 11-20 of this code. In addition, an administrative fee of $250 may be assessed for the preparation of bids and contracts to correct or abate a violation.

107.6 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.

111.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the Property Maintenance Board of Appeals, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. 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 the requirements of this code are adequately satisfied by other means.

111.2 Membership of board. The Property Maintenance Board of Appeals shall consist of a minimum of three members who are qualified by experience and training to pass on matters pertaining to property maintenance and who are not employees of the city. The code official shall be an ex-officio member but shall have no vote on any matter before the board. The board shall be appointed by the mayor with the advice and consent of the council. Members shall serve three-year terms.

111.2.1 Alternate members. The mayor with advice and consent from the council shall appoint two or more alternate members who shall be called by the board chair to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board membership.

111.2.4 Secretary. The chief building services official shall designate a qualified person to serve as secretary to the board. The secretary shall file a detailed record of all proceedings in the office of building services.

201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the Building Code, Residential Code, Fire Code, Appendix B of the Revised Ordinances of Sioux Falls, Plumbing Code, Mechanical Code, Existing Building Code, or the Electrical Code, such terms shall have the meanings ascribed to them as in those codes.

302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth pursuant to Article II of Chapter 42 of this code.

302.8 Motor vehicles. Abandoned and inoperative vehicles shall be regulated by Article III of Chapter 25 of the Revised Ordinances of the City of Sioux Falls.

302.9 Defacement of property. Placement of graffiti shall be regulated by Section 26-39 of the Revised Ordinances of the City of Sioux Falls.

303.2 Enclosures. Private swimming pools, hot tubs and spas, containing water more than 18 inches (457 mm) in depth, shall be completely surrounded by a fence or barrier at least 42 inches (1066 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. No existing pool enclosure shall 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 code.

[F] 304.3 Premises identification. Buildings shall be numbered in conformance with Article VII of Chapter 38 of the Revised Ordinances of the City of Sioux Falls.

304.14 Insect screens. During the period from May 1 to October 1, 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 not less than 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.

307.2 Disposal of rubbish. Rubbish shall be disposed of pursuant to Article II of Chapter 18 of the Revised Ordinances of the City of Sioux Falls.

307.2.1 Rubbish storage facilities. Rubbish shall be stored and removed pursuant to Article II of Chapter 18 of the Revised Ordinances of the City of Sioux Falls.

307.2.2 Refrigerators. Refrigerators, iceboxes or other similar airtight containers not in operation shall be discarded, abandoned or stored on premises pursuant to Section 26-10 of the Revised Ordinances of the City of Sioux Falls.

307.3 Disposal of garbage. Garbage shall be disposed pursuant to Article II of Chapter 18 of the Revised Ordinances of the City of Sioux Falls.

307.3.1 Garbage facilities. Every dwelling shall be supplied with an approved leak proof, covered, outside garbage container pursuant to Article II of Chapter 18 of the Revised Ordinances of the City of Sioux Falls.

307.3.2 Containers. Garbage shall be stored pursuant to Article II of Chapter 18 of the Revised Ordinances of the City of Sioux Falls.

402.1 Habitable spaces. Every habitable space shall have at least 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 eight 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 three 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.

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 at least eight percent of the floor area of the interior room or space, but not less than 25 square feet (2.33m²). 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 footcandles (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 at least 120 square feet (11.2 m²), and every bedroom shall contain at least 70 square feet (6.5 m²) and every bedroom occupied by more than one person shall contain at least 50 square feet (4.6 m²) of area for each occupant.

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. All 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.

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 Cooking appliances shall not be used to provide space heating to meet the requirements of this section.

602.3 Heat supply. Every owner and operator of any building who rents, leases, or lets one or more dwelling unit, rooming unit, dormitory, or guestroom on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from October 1 to May 1 to maintain a temperature of not less than 68°F (20°C) in all habitable rooms, bathrooms, and toilet rooms.

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.

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 October 1 to May 1 to maintain a temperature of not less than 65°F (18°C) during the period the spaces are occupied.

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.

604.2 Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the Electrical Code. Dwelling units shall be served by a three-wire, 120/240-volt, single-phase electrical service having a rating of not less than 60 amperes.

(Ord. No. 14-98, § 1, 2-2-98; Ord. No. 116-01, §§ 3, 4, 12-10-01; Ord. No. 26-04, § 2, 3-1-04; Ord. No. 32-07, §§ 2-10, 2-20-07; Ord. No. 105-08, §§ 37-38, 8-18-08)

Secs. 11-77--11-79. Reserved.

ARTICLE VII. MANUFACTURED HOUSING

Sec. 11-80. Guidelines adopted.

Guidelines for Manufactured Housing Installations, published by the International Conference of Building Officials, is hereby adopted by the city. A printed copy of such guidelines and amendments thereto shall be filed with the city finance director as an original ordinance.

ARTICLE VIII. RESIDENTIAL BUILDING CONTRACTORS

Sec. 11-81. Definitions.

The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Construction supervisor means 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.

Employee means 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 means 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.

Personal supervision means that the construction supervisor oversees and directs the residential building contracting and that:

(2) He 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 means 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 means a person who for compensation undertakes or offers to undertake residential building contracting.

Townhouses means 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.

(Ord. No. 115-94, § 1, 12-19-94; Ord. No. 12-98, § 3, 2-2-98; Ord. No. 105-08, § 39, 8-18-08)

Sec. 11-82. License required.

Except as otherwise provided herein, no person shall undertake, or offer to undertake residential building contracting until the person obtains a residential building contractors license. 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 property which he occupies as his own home or will occupy as his own home and when the property owner is acting as his own contractor.

(4) A landlord or his agent for work to be done on his property when the landlord is acting as his own building contractor.

Sec. 11-83. License application.

(a) Any person desiring to engage in the business of residential building contracting shall first make an application for a license therefor to the chief building services official on forms furnished.

(b) In addition to the information required in Chapter 23 of this code, the chief building services official may require proof of identification and compliance with other applicable ordinances and laws of this city and the state.

Sec. 11-84. 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.

(Ord. No. 115-94, § 1, 12-19-94; Ord. No. 80-95, § 1, 6-5-95; Ord. No. 12-98, § 4, 2-2-98)

Sec. 11-85. Bond required.

(a) As a condition of his license, each residential building contractor shall maintain and deliver to the chief building services official a continuous bond in the penal sum of $10,000.00 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 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 $10,000.00. 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 license suspension or revocation.

Sec. 11-86. General liability insurance required.

As a condition of his license, each residential building contractor shall deliver to the chief building services official and maintain proof of a general liability insurance policy with single limits of at least $300,000.00.

(Ord. No. 115-94, § 1, 12-19-94; Ord. No. 12-98, § 5, 2-2-98; Ord. No. 105-08, § 42, 8-18-08)

Sec. 11-87. Construction supervisor's examination.

(a) No license shall be issued until after the designated construction supervisor has passed an examination as to his qualifications and fitness to perform residential building contracting. Such examination shall be given under the direction of the board of appeals and examiners. No applicant may take another examination within 30 days of having failed an examination.

(b) Applications for examination shall be made at least one week prior to the examination date which shall be as determined by the chief building services official. After passing the examination, applicants shall secure the license within 90 days from the exam date.

(Ord. No. 115-94, § 1, 12-19-94; Ord. No. 12-98, § 6, 2-2-98; Ord. No. 105-08, § 43, 8-18-08)

Sec. 11-88. Designation of construction supervisor.

As a condition of his license each residential building contractor must designate himself or one employee as the designated construction supervisor who shall be responsible for the personal supervision of the contractor's residential building contracting.

Sec. 11-89. Termination of designated construction supervisor.

It shall be the duty of the residential building contractor to immediately notify the chief building services official in writing upon the designation of a new construction supervisor or the termination of the designated construction supervisor. Upon the termination of the designated construction supervisor, the residential building contractor may request in writing from the chief building services official a continuance of the license for a period not to exceed 90 days.

(Ord. No. 115-94, § 1, 12-19-94; Ord. No. 12-98, § 8, 2-2-98; Ord. No. 105-08, § 44, 8-18-08)

Sec. 11-90. License use restricted.

No licensed residential building contractor shall allow his name to be used by any other person directly or indirectly, either to obtain a building permit or to perform residential building contracting.

Sec. 11-91. 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 license fee a reinstatement fee equal to 50 percent of the renewal fee.

(c) Residential building 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 and has met all other conditions required to hold a residential building 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.

Sec. 11-92. Continuing education requirements.

(a) No residential building 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.

(b) No inactive construction supervisor examined and licensed after March 1, 1998, shall have his license renewed until he 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.

Sec. 11-93. Suspension, revocations.

The chief building services official may suspend, revoke, or refuse to renew a license if he finds:

a. Has filed an application for a license which is incomplete in any material respect or contains statements which are false or misleading.

c. Has violated any applicable provision of this code, city ordinance, rule, regulation, or state law.

d. Fails to file with the chief building services official the necessary bonds or certificate of insurance.

e. Fails to provide copies of records in the person's possessions related to a matter under investigation.

f. Fails to pay inspection and permit fees in a timely manner as determined by the chief building services official.

(Ord. No. 115-94, § 1, 12-19-94; Ord. No. 115-96, § 2, 10-7-96; Ord. No. 12-98, § 12, 2-2-98; Ord. No. 105-08, § 45, 8-18-08)

Sec. 11-94. 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.

Sec. 11-95. 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 such 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.

Sec. 11-96. Hearing procedures.

The following rules shall govern the procedures for an administrative hearing on matters concerning licensee suspension, revocation, or refusal to renew:

(1) Hearings and administrative appeals need not be conducted according to the technical rules relating to evidence and witnesses.

(3) The chairman of the board or the board recorder shall administer oaths or affirmations to witnesses.

(5) Irrelevant and unduly repetitious evidence and evidence that lacks trustworthiness shall be excluded.

(6) The appellant, the major organization unit or agency, and any other party to an appeal shall have these rights among others:

a. To call and examine witnesses on any matter relevant to the issue of the hearing;

c. To cross examine opposing witnesses on any matter relevant to the issues of the hearing; and

(7) After each appeal hearing, the board or hearing examiner shall perform the following:

b. Based upon such 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.

Sec. 11-97. Appeal to circuit court.

The decision of the board or the hearing examiner is subject to judicial review as provided by law.

Secs. 11-98, 11-99. Reserved.

ARTICLE IX. VACANT BUILDINGS

Sec. 11-100. Purpose.

The purpose of this article 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.

Sec. 11-101. Definitions.

Dangerous structure means a structure that is potentially hazardous to persons or property, including, but not limited to: (a) a structure that is in danger of partial or complete collapse; (b) a structure with any exterior parts that are loose or in danger of falling; or (c) 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 means 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 such person shall have a joint and several obligation for compliance with the provisions of this article.

Secured by other than normal means means a building secured by means other than those used in the design of the building.

Unsecured means a building or portion of a building that is open to entry by unauthorized persons without the use of tools.

(6) Condemned and illegally occupied. 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.

Sec. 11-102. 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 article.

(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 such 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.

Sec. 11-103. Vacant building fees.

(a) The owner of a vacant building shall pay an annual fee of $200.00 for the period the building remains a vacant building.

(b) The first annual fee shall be paid not later than 30 days after the building becomes vacant. If the fee is not paid within 30 days of being due, the owner shall be in violation of this article.

(c) The fee shall be paid in full prior to the issuance of any building permits, with the exception of a demolition permit.

Sec. 11-104. Exemptions.

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. This request shall include the following information supplied by the owner:

(3) A statement of intent to repair and reoccupy the building in an expedient manner.

Sec. 11-105. Inspections.

The city may inspect any premises in the city for the purpose of enforcing and assuring compliance with the provisions of this article. Procedures for inspections shall be as permitted by Section 104 of the Property Maintenance Code.

Sec. 11-106. Penalties.

Any person violating any provision of this article or providing false information to the city shall be punished as provided in the general penalties section of this Code.

Sec. 11-107. Alternative procedures.

Nothing in this article shall be deemed to abolish or impair existing remedies of the city authorized by this Code.

Secs. 11-108, 11-109. Reserved.

ARTICLE X. RENTAL HOUSING

Sec. 11-110. Purpose.

The purpose of this article is to protect the health, safety, and welfare of the citizens of the city by requiring permit and registration -of rental housing units.

Sec. 11-111. Definitions.

Residential rental unit means any building or structure including the real property upon which it is located, which is rented or offered for rent as living quarters. It does not mean 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 article.

Sec. 11-112. Permit requirements.

No person shall occupy, 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. Failure to make truthful disclosures under the information required under paragraph (5) below, or if the information disclosed reveals three (3) or more health, nuisance, or other code violations resulting in citations and fines payable to the city within the previous three (3) calendar years, shall be cause for the city to elect to deny such permit. Application for permit for residential rental unit shall be made on forms furnished by the city. A residential rental property owner and/ or the designated agent shall notify the city in writing within 15 calendar days after any change to the information. The application and supporting forms shall require the following information:

(1) Name, mailing address, and phone number of the property owner, and, if the owner is not a natural person, the name, address, and phone number of a designated agent for the owner.

(2) The name, phone number, and mailing address of any person authorized to make or order repairs or services for the property, if in violation of city ordinances or state law, if the person is not the owner.

(5) Whether the owner or responsible party as defined by Section 2-111 of the Revised Ordinances of Sioux Falls, SD, have, within the previous three (3) 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 Section 38-76 or Sections 42-50 through 42-52, to any property or properties in any municipality, including the City of Sioux Falls.

Sec. 11-113. Manner of registration.

Within 90 days after the effective date of this article, all owners of residential rental unit shall have filed an application for permit of the unit with the city. After the initial 90-day period, all residential rental units shall be permitted in accordance with the provisions of section 11-112 of this article.

Sec. 11-114. Permit expiration.

Each permit and renewal permit shall expire either on the 31st day of December in the third year following the year of issuance or earlier when such permit shall immediately expire and be considered revoked, with no additional due process consideration required, upon the city's issuance of any notice of a fourth health, nuisance, or other code violation when said permit holder has been subject to three (3) health, nuisance, or other code violations resulting in citations and fines payable to the city within the previous three (3) calendar years, excluding any notices or violations issued pursuant to Section 38-76 or Sections 42-50 through 42-52, as to any property in the city. No owner of a residential rental unit in the city shall otherwise allow a permit once issued to expire without making application for a renewal permit. However, a permit or renewal permit shall not be issued before completion of a satisfactory city inspection and approval of that dwelling unit's condition of habitability if: (A) the owner or responsible party has been subject to three (3) or more citations, excluding any notices or violations issued pursuant to Section 38-76 or Sections 42-50 through 42-52, resulting in fines payable to the city within the previous three (3) calendar years, or (B) if at the time of expiration of said permit there remain unpaid fines for any health, nuisance, or other code violations to the city by the owner or responsible party for the subject property.

Sec. 11-115. Correction of defects and enforcement.

Whenever the city determines that a residential rental unit, whether permitted or not, 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 also proceed to revoke or suspend any permit issued for a residential rental unit for serious and continuing substantial noncompliance with any applicable city ordinance. 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.

Sec. 11-116. Property transfers.

To transfer a permit for a residential rental unit from one owner 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 such transfer. Any permit for a residential rental unit being transferred shall expire upon its original expiration date.

Sec. 11-117. 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.

Sec. 11-118. Revocation of residential rental permit.

No action revoking or suspending a permit pursuant to this article 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 chief building services official or any other person appointed by the mayor shall have the authority to revoke or suspend 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. Appeals from a decision revoking or suspending a permit for a residential rental unit shall be pursuant to the appeals process of the International Property Maintenance Code and Section 2-60 et seq. of the Revised Ordinances of Sioux Falls, South Dakota. No action revoking or suspending 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.

Sec. 11-119. Readoption of rental registrations.

The rental registrations and all amendments are hereby reenacted so when this ordinance becomes effective the Article on Rental Housing and all amendments thereto are readopted.

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Chapter 11 BUILDING*

ARTICLE I. RESIDENTIAL CODE*

Sec. 11-1. Adopted.

Sec. 11-2. Amendments and additions.

Secs. 11-3--11-16. Reserved.

ARTICLE II. BUILDING CODE

Sec. 11-17. Adopted.

Sec. 11-18. Conflicts.

Sec. 11-19. Reserved.

Sec. 11-20. Amendment and additions.

Secs. 11-21--11-30. Reserved.

ARTICLE III. MECHANICAL AND FUEL GAS CODE

Sec. 11-31. Adopted.

Sec. 11-32. Amendments.

Sec. 11-33. Amendments, additions, and deletions to the International Fuel Gas Code.

Sec. 11-34. Definitions.

Sec. 11-35. License required.

Sec. 11-36. Repealed.

Sec. 11-37. Employment of master mechanic.

Sec. 11-38. Termination of master mechanic.

Sec. 11-39. License use restricted.

Sec. 11-40. Bond required.

Sec. 11-41. Vehicle identification.

Sec. 11-42. License application.

Sec. 11-43. License term and renewal.

Sec. 11-44. Examination.

Sec. 11-45. Installation by owner.

Sec. 11-46. Suspension or revocation of license.

Sec. 11-47. Administrative appeal of license suspension, revocation or refusal to renew.

Sec. 11-48. Time of hearing and notice.

Sec. 11-49. Hearing procedures.

Sec. 11-50. Appeal to circuit court.

ARTICLE IV. EXISTING BUILDING CODE

Section 11-51. Adopted.

Section 11-52. Amendments and additions.

Secs. 11-53 — 11-58. Reserved.

ARTICLE V. BUILDING SECURITY

Sec. 11-59. Purpose.

Sec. 11-60. Scope.

Sec. 11-61. Obstructing exits.

Sec. 11-62. Entry vision.

Sec. 11-63. Doors.

Sec. 11-64. Windows.

Sec. 11-65. Alternate materials or methods.

Secs. 11-66—11-74. Reserved.

ARTICLE VI. PROPERTY MAINTENANCE CODE*

Sec. 11-75. Adopted.

Sec. 11-76. Amendments.

Secs. 11-77--11-79. Reserved.

ARTICLE VII. MANUFACTURED HOUSING

Sec. 11-80. Guidelines adopted.

ARTICLE VIII. RESIDENTIAL BUILDING CONTRACTORS

Sec. 11-81. Definitions.

Sec. 11-82. License required.

Sec. 11-83. License application.

Sec. 11-84. Inactive construction supervisor's license.

Sec. 11-85. Bond required.

Sec. 11-86. General liability insurance required.

Sec. 11-87. Construction supervisor's examination.

Sec. 11-88. Designation of construction supervisor.

Sec. 11-89. Termination of designated construction supervisor.

Sec. 11-90. License use restricted.

Sec. 11-91. License term renewal.

Sec. 11-92. Continuing education requirements.

Sec. 11-93. Suspension, revocations.

Sec. 11-94. Administrative appeal of license suspension, revocation, or refusal to renew.

Sec. 11-95. Time of hearing and notice.

Sec. 11-96. Hearing procedures.

Sec. 11-97. Appeal to circuit court.

Secs. 11-98, 11-99. Reserved.

ARTICLE IX. VACANT BUILDINGS

Sec. 11-100. Purpose.

Sec. 11-101. Definitions.

Sec. 11-102. Vacant building registration.

Sec. 11-103. Vacant building fees.

Sec. 11-104. Exemptions.

Sec. 11-105. Inspections.

Sec. 11-106. Penalties.

Sec. 11-107. Alternative procedures.

Secs. 11-108, 11-109. Reserved.