CHAPTER 5-01
BUILDING CODE SECTIONS:
5-0101. Adoption of State Building Code.
5-0102. Modifications of State Building Code.
5-0103. Penalty.
5-0104. Fee for Copy of Relevant Code Provisions.
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5-0101. ADOPTION OF STATE BUILDING CODE. 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 State Building 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 State 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. Provided, that any amendments of the State Building Code may be adopted by the City by resolution.
5-0102. MODIFICATIONS OF STATE BUILDING CODE. The provisions of the State Building Code, which encompass the Uniform Building Code (as proscribed by Section 54-21.3-03 of the North Dakota Century Code), in order to conform to local needs, is hereby changed and amended as follows:
1. Section 107 - Fees is hereby amended to read as follows: 107.2 Permit Fees. The fee for each permit shall be based on the permit fee schedule as adopted by resolution of the City Council for the City of Harwood. 107.3 Plan Review Fees. When submittal documents are required by Section 106.3.2, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be 65% of the building permit fee as indicated in Section 107.2. 5-1-1 The plan review fees specified in this subsection are separate from the permit fees
specified in Section 107.2 and are in addition to the 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 106.3.4.2, an additional plan review fee shall be charged in an amount equal to 50%, if required, of the building permit fee at the rate indicated in Section 107.2.
2. Whenever a reference is made in said building code regarding the frost line, said frost line shall be determined to be four (4) feet. Four (4) feet should, therefore, be the minimum depth below finish grade to the bottom of footings, excluding detached residential garages.
3. Section 105.1 is hereby changed and amended as follows: Appeals. A person may appeal an order, decision or determination made by the building official relative to the application and interpretation of this code to the Harwood City Council. The appeal must be filed in writing with the City Auditor of the City of Harwood within thirty(30) days from the date of the decision, order or determination of the building official.
5-0103. PENALTY. Any person violating any provision of the State Building Code adopted by this title or any section of this title shall be guilty of an infraction and shall be subject to the penalties set forth in Section 1-0211. Each day such violation continues shall be considered a separate offense.
5-0104. FEE FOR COPY OF RELEVANT CODE PROVISIONS. Every licensed contractor, pursuant to Chapter 43-07 of the North Dakota Century Code, upon applying for a building permit, shall be provided a copy of the Building Code Ordinances of the City of Harwood and the relevant portions of the State Building Code adopted by the City which apply to residential construction, or commercial construction, depending on the type of permit sought. The contractor will be charged a fee for such copies in an amount set by the City Council. A contractor will only be provided one copy of the relevant Building Code sections and pay one fee for residential construction and one fee for commercial construction, no matter how many building permits are requested by that particular contractor. Provided, however, that if the City later adopts another Building Code, the contractor will again be required to pay another fee to get the revised Building Code provisions. Notwithstanding the above provisions, if a contractor shows the Building Official his/her copy of the appropriate Building Code, then the contractor shall just be supplied a copy of the Harwood Building Code Ordinances and shall not be required to be provided nor pay the charge for obtaining a copy of the relevant Building Code.