Chapter 5-01. Building Code

CHAPTER 5-01
IINTERNATIONAL BUILDING CODE SECTIONS: 

Source: Ord 2025-43, Sec. 2 (2025)

5-0101. International Building Code Adopted
5-0102. Modifications of the International Building Code.
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5-0101. INTERNATIONAL BUILDING CODE ADOPTED. The erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of buildings or structures in the City of Harwood, North Dakota, shall meet with the provisions of the rules and regulations of the 2021 Edition of the International Building Code of the International Code Council as the same are now established in said code, a copy of which is on file in the office of the building inspector for the City of Harwood, with the exception of the sections hereinafter set forth affecting local conditions in the City of Harwood, which sections shall be substituted for and in lieu of like sections or paragraphs in said International Code; and the City Council of said City of Harwood, by this section hereby approves and adopts such rules and regulations, as so modified, for use and application in the City of Harwood, North Dakota, as well as for any area within the extraterritorial zoning jurisdiction of the City. 

5-0102. MODIFICATIONS OF INTERNATIONAL BUILDING CODE. The International Building Code, as adopted herein hereby changed and amended as follows:

Section 101.0 -is hereby amended to read as follows:

101.1 Title. These regulations shall be known as the Building Code of the City of Harwood hereinafter referred to as "this code."

Section 101.4.3 is hereby amended to read as follows:

101.4.3. Plumbing. The provisions of the North Dakota State 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. The provisions of the North Dakota State Plumbing Code shall apply to private sewage disposal systems.

Section 103.1 is hereby amended to read as follows:

103.1 Creation of enforcement agency. The Inspections Department is hereby created, and the official in charge thereof shall be known as the building official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code.

Section 104.2.1 is hereby amended to read as follows:

Section 104.8.1 is hereby amended to read as follows:

104.8.1 Legal Defense. Any suit or criminal complaint 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 defense provided by other applicable state and federal laws and shall be defended by legal represenative of the jurisdicition until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit, or proceeding that is instituted in pursuance of the provisions of this code. 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 damage 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.

Section 104.10.1 is hereby amended to read as follows:

Section 105.2 is hereby amended to read as follows:

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

Building:

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6. Sidewalks and driveways.

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11. Swings and other playground equipment.

12. Window awnings.

14. Reroofing.

Section 107.2.6.1 is hereby deleted in its entirety:

Section 107.3.1 is hereby amended to read as follows:

107.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be approved, in writing or by stamp. One set of construction documents so reviewed shall be retained by the Building Official.

Section 109.2 is hereby amended to read as follows:

109.2 Schedule of permit fees. Where a permit is required, a fee for each permit and plan review shall be paid as required, in accordance with the schedule as established by the City Council. The plan review fees specified in this subsection are separate from, and in addition to, permit fees. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in Section 107.3.4.1, an additional plan review fee shall be charged in an amount not to exceed 10% of the building permit fee established in Section 109.2.

Section 110.3.3 is hereby deleted in its entirety.

Section 110.3.12.1 is hereby deleted in its entirety.

Section 305.2 is hereby amended to read as follows:

305.2 Group E, daycare facilities. This group includes buildings and structures or portions therof occupied by more than twelve children older than 2 1/2 years of age who receive educational, supervision, or personal care services for fewer than 24 hours per day.

Section 305.2.2 is hereby amended to read as follows:

305.2.2 Twelve or fewer children. A facility having twelve or fewer children receiving such daycare shall be classified as part of the primary occupancy.

Section 305.2.3 is hereby amended to read as follows:

305.2.3 Twelve or fewer children in a dwelling unit. A facility such as the above within a dwelling unit and having twelve or fewer children receiving such daycare shall be classified as a Group R-3 occupancy or shall comply with the International Residential Code.

Section 308.5 is hereby amended to read as follows:

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

Adult daycare

Child daycare

Section 308.5.1 is hereby amended to read as follows:

308.5.1 Classification as a Group E. Every child daycare facility that provides care for more than twelve but not more than 100 children 2 1/2 years or less of age, where the rooms in which the children are cared for are located on a level of exit discharge serving such rooms and each of these child care rooms has an exit door directly to the exterior, shall be classified as Group E.

Section 308.5.3 is hereby amended to read as follows:

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

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

Section 406.3.2.1 The last sentence of this section is hereby deleted as follows:

Section 802.4  is hereby deleted in its entirety.

Section 905.1 is hereby amended to add an exception to read as follows:

Exception: The installation of fire hose on standpipes may be omitted when approved by the local fire code official. Approved standpipe hose valves and connections shall be provided where required.

Section 907.2.11.1 is hereby amended to read as follows:

907.2.11.1 Group R-1 Single-or multiple-station smoke alarms shall be installed in all of the following locations in Group R-1:

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4.   In sleeping units where the ceiling height of a room is open to the hallway serving the sleeping rooms, and exceeds that of the hallway by 24 inches or more, smoke alarms shall be installed and in the adjacent rooms.

Section 907.2.11.2 is hereby amended to read as follows:

907.2.11.2 Group R-2, R-3, R-4 and I-1. Single or multiple-station smoke alarms shall be installed and maintained in Group R-2, R-3, R-4, and I-1, regardless of occupant load, at all of the following locations:

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4.  In dwelling units where the ceiling height of a room open to the hallway serving the sleeping room exceeds that of the hallway by 24 inches or more, smoke alarms shall be installed in the hallway and in the adjacent room.

Section 1003.3.1 is hereby amended as follows:

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An approved barrier shall be provided where the vertical clearance above a circulation path is less than 80 inches (2032 mm) high above the finished floor. A portion of such a barrier shall be located 27 inches (686 mm) maximum above the finished floor.

Section 1009.8.1 is hereby amended to read as follows:

1009.8.1 System requirements. Two-way communication systems shall provide communication between each required location and the fire command center or a central control point location approved by the fire department. Where the central control point is not a constantly attended location, the two-way communication system shall have timed, automatic telephone dial-out capability that provides two-way communication with an approved supervising station. The two-way communication system shall include both audible and visible signals.

Section 1011.1 Exceptions are hereby amended to read as follows:

1. Within rooms or spaces used for assembly purposes, stepped aisles shall comply with Section 1030.

2. A stairway complying with section 1011 except where in a B, F, M, S or U that serves an area of 750 sf or less, and is not open to the public, that has a maximum riser height of 8 inches and a minimum tread depth of 9 inches, has a minimum width of 36 inches and has at least one handrail that terminates at the top and bollom riser and otherwise complies with section 1014.

Section 1011.5.2  Exceptions are hereby amended to read as follows:

Section  1011.5.2 Exceptions:

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3. In Group R-3 occupancies; within dwelling units in Group R-2 occupancies; and Group U occupancies that are accessory to a Group R-3 occupancy or accessory to individual dwelling units; the maximum riser height shall be (197 mm) 8 inches; the minimum tread depth shall be 9 inches; and the minimum winder tread depth shall be 6 inched (152 mm). A nosing projection not less than 3/4 inches (19.1 mm) but not more than 1 1/4 inches (32 mm) shall be provided on stairways with solid risers where the tread depth is less than 11 inches (279 mm).

Section 1015.2 is hereby amended to read as follows:

1015.2 Where required. Guards shall be located along open-sided walking surfaces, including mezzanines, equipment platforms, aisles, stairs, ramps, and landings, that are located more than 30 inches ( 762 mm) above the floor or grade below or if within 36 inches (9144 mm) horizontally to the edge of the open side of the vertical measurement to the floor or grade below is greater than 48 inches. Guards shall be adequate in strength and attachment in accordance with section 1607.9.

Section 1104.4 Exceptions:

1. An accessible route is not required to stories, mezzanines, and occupied roofs that have an area of not more than 3,000 square feet (278.7 m2), or are in a building 2 stories or less above grade plane, and are located above or below accessible levels. This exception shall not apply to:

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Section 1202.1 is hereby amended to read as follows:

1202.1 General. Buildings shall be provided with natural ventilation in accordance with Section 1202.5 or mechanical ventilation in accordance with the International Mechanical Code.

Section 12204.4.4 is hereby deleted in its entirety.

Section 1206 is hereby deleted in its entirety.

Section 1402.6 is hereby deleted in its entirety.

Section 1402.7 is hereby deleted in its entirety.

Section 1601.1 is hereby amended to read as follows:

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 the engineering requirements of this code. Exclusive of the 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.

Section 1610.1 exception is hereby amended to read as follows:

Exception: Foundation walls extending not more than 9 feet below grade and laterally supported at the top by flexible diaphragms shall be permitted to be designed for active pressure.

Section 1804.4 is hereby deleted in its entirety and the following text enacted:

Section 1804.4 Grading. Surface drainage shall be diverted to a storm sewer conveyance or other approved point of collection. Lots shall be graded to drain surface water away from foundation walls.

The procedure used to establish the final ground level adjacent to the foundation shall account for additional settlement of the backfill.

Section 1804.5 is hereby deleted in its entirety.

Section 1805.1.2.1  is hereby deleted in its entirety.

Section 1809.5 is hereby amended to add a new exception as follows:

1809.5 Frost protection. Except where otherwise protected from frost...

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4. Free-standing buildings used as Group U occupancies for the storage of private or pleasure-type motor vehicles constructed in accordance with Section 406.3.1.

Section 2901.1 is hereby amended to read as follows:

Section 2901.1 Scope. The provisions of this chapter and the North Dakota State Plumbing Code shall govern the design, construction, erection, and installation of plumbing components, appliances, equipment, and systems used in building and structures covered by this code. Toilet and bathing rooms shall be constructed in accordance with Section 1210. Private sewage disposal systems shall conform to the North Dakota Plumbing Code. The International Fire Code, the International Property Maintenance Code, and the North Dakota Plumbing Code shall govern the use and maintenance of plumbing components, appliances, equipment, and systems. The International Existing Building Code and the North Dakota State Plumbing Code shall govern the alteration, repair, relocation, replacement, and addition of plumbing components, appliances, equipment, and systems.

(Balance of table remains unchanged)

Section 3. Chapter 5-05 of the Revised Ordinances of 2006 of the City of Harwood is hereby repealed in its entirety.

Section 4. Chapter 5-05 of the Revised Ordinances of 2006 of the City of Harwood is hereby repealed in its entirety.