Chapter 5-05
INTERNATIONAL EXISTING BUILDING CODE
Source: Ord. 2025-43, Sec. 4
Sections:
5-0501 Adoption of International Existing Building Code by Reference.
5-0502 Amendment to the International Existing Building Code
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5-0501 ADOPTION OF INTERNATIONAL EXISTING BUILDING CODE BY REFERENCE. There is hereby adopted by reference by the City Council, for the purpose of prescribing regulations governing standards, relative to existing buildings in the City of Harwood, that certain code known as the International Existing Building Code recommended and compiled by the International Code Council, 2021 Edition, a copy of which is on file in the office of the City Auditor, and the same is hereby adopted and incorporated as fully as if set out in length herin, and from the date on which this ordinace shall take effect, the provisions therof shall be controlling within the limits of the city, and within the extra-territorial zoning jurisdiction of the city.
5-05-02 AMENDMENT TO INTERNATIONAL EXISTING BUILDING CODE. The International Existing Building Code, as adopted herein, is hereby changed and amended as follows:
Section 101.1 is hereby amended to read as follows;
101.1 Title. These regulations shall be known as the Existing Building Code of the City of Harwood, hereinafter referred to as "this code."
Section 103.1 is hereby amended to read as follows:
103.1 Creation of agency. The City of Harwood Inspections Department is hereby created, and the official in charge thereof shall be known as the code 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 deleted in its entirety.
Section 104.2.2.1 is hereby amended to read as follows:
104.2.2.1 Building evaluation. The code official is authorized to require an existing building to be investigated and evaluated at the owner's expense by a registered design professional based on the circumstances agreed upon at the preliminary meeting. The design professional shall notify the code official if any potential nonconformance with the provisions of this code is identified.
Section 104.8 is hereby amended to read as follows:
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 the code or other pertinent law or ordinance, shall not thereby be rendered civilly and criminally 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. This code shall not be construed to relieve from or lessen the responsibility of any person owning, operating, or controlling any building ot 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.
Section 104.10.1 is hereby deleted in its entirety.
Section 105.2 is hereby amended to read as follows:
Section 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:
Buildings:
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7. Reroofing.
8. Window Replacement.
Section 109.3.3 is hereby deleted in its entirety.
Section 109.3.10 is hereby deleted in its entirety.
Section 201.3 is hereby amended to read as follows:
201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the other International Codes, such terms shall have the meanings ascribed to them in those codes.
Wherever the term "International Plumbing Code" and/or the "International Private Sewage Disposal Code" is used, it shall mean the North Dakota State Plumbing Code. Wherever the term "ICC Electrical Code" is used, it shall mean the National Electric Code together with the North Dakota State Wiring Standards. Whenever the term "Flood Hazard Area" is used, it shall mean the Harwood Flood Proofing Code of the City of Harwood, North Dakota.
Section 401.3 is hereby deleted in its entirety.
Section 405.2.6 is hereby deleted in its entirety.
Section 502.3 is hereby deleted in its entirety.
Section 503.2 is hereby deleted in its entirety.
Section 507.3 is hereby deleted in its entirety.
Section 701.3 is hereby deleted in its entirety.
Section 1103.3 is hereby deleted in its entirety.
Section 1201.4 is hereby deleted in its entirety.
Section 1301.3 is hereby deleted in its entirety.
Section 1401.2 is hereby amended to read as follows:
1401.2 Conformance. Buildings to be moved within this jurisdiction shall comply with the provisions of the City's ordinances. Buildings to be moved into this jurisdiction shall comply with the provisions of the International Codes for new buildings and shall be certified as to meet compliance by an agency approved by the code official.
Section 1402.6 is hereby deleted in its entirety.
Chapter 5-06
International Energy Conservation Code
Source: Ord. 2025-43, Sec 5
Sections:
5-0601 Adoption of International Energy Conservation Code by Reference.
5-0602 Amendment to International Energy Conservation Code.
5-0501. Adoption of the International Energy Conservation Code by Reference. There is hereby adopted by reference by the City Council, for the purpose of prescribing regulations governing standards, relative to housing in the City of Harwood, that certain code known as the International Energy Conservation Code recommended and compiled by the International Code Council, being particulary the 2021 Edition therof, a copy of which is on file in the office of the City Auditor, and the same is hereby adopted and incorporated as fully as if set out in length herein, and from the date on which this ordinance shall take effect, the provisions therof shall be controlling with the limits of the city, and within the extra-territorial zoning jurisdiction of the city.
5-0602 AMENDMENT TO INTERNATIONAL ENERGY CONSERVATION CODE. The International Energy Conservation, as adopted herein, is hereby changed and amended as follows:
Section C101.1 is hereby amended to read as follows:
C101.1 Title. This code shall be known as the Energy Conservation Code of the City of Harwood, and shall be cited as such. It is referred to herein as "this code."
Section C405.11 is hereby deleted in its entirety.
Section C405.12 is hereby deleted in its entirety.
Section R101.1 is hereby amended to read as follows;
R101.1 Title. This code shall be known as the Energy Conservation Code of the City of Harwood, and shall be cited as such. It is referred to herein as "this code."
Table R402.1.2 is hereby amended to read as follows:
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Maximum Assembly U-Factors and Fenestration Requirements |
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Climate Zone |
Fenestration U-Factor f |
**** |
Ceiling U-Value |
Wood Framed Wall U-Value g |
**** |
Basement Wall U-Value |
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6 |
0.32 |
**** |
0.026 |
0.057 |
**** |
0.059 |
(balance of table remains unchanged)
Table R402.1.3 is hereby amended to read as follows:
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Maximum Assembly R-Factors and Fenestration Requirements |
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Climate Zone |
Fenestration U-Factor f |
**** |
Ceiling R-Value |
Wood Framed Wall R-Value g |
**** |
Basement Wall R-Value c,g |
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6 |
0.32 |
**** |
49 |
21 or 13 + 5ci |
**** |
10ci or 15 |
(balance of table remains unchanged)
Table R402.1.1 is hereby amended to read as follows:
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Air Barrier, Air Sealing, and Insulation Installation |
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Component |
Air Barrier Criteria |
Insulation Installation Criteria |
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Basement, Crawl Space, and Slab Foundation |
(Text unchanged.) |
Crawl space insulation, where provided instead of floor insulation, shall be installed in accordance with Section R402.2.10. Conditioned basement foundation wall insulation shall be installed in accordance with Section R402.2.8.1. Slab-on-grade floor insulation shall be installed in accordance with Section R402.2.10. Exterior foundation insulation shall be covered and flashed to protect it from exposure to light and weather to a minimum of 6 inches (152 mm) below grade and be covered by a minimum 6-mil polyethylene slip sheet over the entire surface. |
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(balance of table remains unchanged)
Section R403.3.6 Subsection 3 is hereby amended to read as follows:
Section R403.3.6 Duct Leakage. The total leakage of the ducts, where measured in accordance with Section R403.3.5, shall be as follows:
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3. A total leakage test shall not be required for ducts or air handlers that comply with Section R403.3.2, Subsection 1.
Section R403.3.7 is hereby amended to read as follows:
R403.3.7 Building Cavities. Building framing cavities shall not be used as supply ducts.
Section R403.6.3 is hereby deleted in its entirety.
Section R404.2 is hereby deleted in its entirety.
Section R404.3 is hereby deleted in its entirety.
Table R406.5 is hereby amended to read as follows:
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Maximum Energy Rating Index |
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Climate Zone |
Energy Rating Index |
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**** |
****
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6 |
58 |
(balance of table remains unchanged)
Chapter 5-07
Plumbing Code
Sections:
5-0701. North Dakota State Plumbing Code Adopted.
5-0702. Master Plumber-License Required.
5-0703. Journeyman Plumbing's License Required
5-0704. Plumbing Permit Application by Plumber.
5-0705. Plumbing Permit-Fees.
5-0706. Permits to Install Water Heaters, Water Softeners, and Air-Conditioning Units-Fees
5-0707. City Engineer to Locate Wye in Sewer on Request.
5-0708. Plumbing Inspector.
5-0701. North Dakota State Plumbing Code Adopted. The North Dakota State Plumbing Code is hereby adopted, and all installations, repairs, and alterations of plumbing shall, from the effective date of this ordinance, be performed in accordance with its provisions. The installation in buildings of the pipes, fixtures, and other facilitating apparatus for bringing water into, and using the same in buildings, and for removing liquids, and water-carried wastes therefrom, and including the practice, materials, and fixtures used in the installation, maintenance, extension, and alteration of all piping, fixtures, appliances, and appurtenances in connection with any of the following: sanitary drainage facilities, the venting system, and the public or private water-supply systems, within or adjacent to any building or other structure, or conveyance, also the practice and materials used in the installation, maintenance, extension, or alteration of the stormwater or sewage system of any premises to their connection with any point of public disposal or other terminal in the City of Harwood, North Dakota, shall meet with the provisions of the North Dakota State Plumbing Code as the same are now established in said code, copies of which said code are on file with the city auditor and are hereby a part of the chapter by reference, with the exception of the sections herinafter set forth affecting local conditions in the City, which sections shall be substituted for and in lieu of any like sections or paragraphs in the North Dakota State Plumbing Code; and the City Council, by this section, hereby approves and adopts such rules and regulations, as so modified, for use and application in the City of Harwood.
5-0702. Master Plumber- License Required. No person shall be permitted to conduct the business of master plumber without a license or by virtue of a license issued to any other person; provided, however, that in the case of a partnership or corporation, such license may be taken for and on behalf of such partnership or corporation in the name of a partner, employee, or officer and may be tranferred from one such partner, employee, or officer to another, without the payment of an additional license fee during the year for which license was granted, on application to the city auditor and compliance with other provisions of this chapter, including those with respect to the qualifications of the person to whom such license may be issues or transferred.
No owner or lessee, nor any representative or agent of any owner or lessee, shall knowingly hire or otherwise engage any unlicensed person to do any plumbing work in any building in the City of Harwood.
5-0703. Journeyman Plumber's License Required. No person shall construct, alter, extend, or repair any plumbing or building drainage or connect any building drain or building sewer with the sewer system of the City of Harwood until such person shall have received a journeyman plumber's license.
5-0704. Plumbing Permit - Application By Plumber. Every licensed plumber, before engaging in the installation, alteration, repair, or extending of any plumbing or the connecting of any building sewer or water connection with the sewer or water system of the city, shall make application to the city engineer on appropriate blanks furnished by him for a permit therefor.
5-0705. Plumbing Permit-Fees. The fee for a plumbing permit as required by Section 5-0704 of the Revised Ordinance of 2006 of the City of Harwood shall be an amount which shall be established by resolution of the City Council; said resolution shall establish one fee for a residential or commercial building sewer permit and another fee for an industrial building sewer permit.
5-0706. Permits To Install Water Heaters, Water Softeners, and Air-Conditioning Units-Fees. No person, firm, or corporation shall hereafter install or connect any hot-water storage tank, gas, oil, coal, electric water heater, water softener, water filter, or air-conditioning unit without first having obtained a permit to do so from the city engineer. Such permit and inspection fee shall be in an amount to be established by resolution of the City Council, and the work shall be inspected by the plumbing inspector to determine whether the same is in conformity with the city ordinances.
5-0707. City Engineer To Locate Wye in Sewer on Request. When a permit has been issued for the plumbing of any premises, the city engineer shall, when requested by the plumber to whom such permit has been issued, locate the wye in the sewer.
When the city records are in error and the wye is not found within one pipe length in either direction, the City shall pay the plumber a reasonable amount up to a maximum to be established by resolution of the City Council for springing in a wye on all sewers 15 inches in diameter and smaller. In similar instances, sewers 18 inches in diameter or larger may be tapped, under specifications from the engineering department. When a connection is desired and where permitted at locations or on sewers where wyes do not exist, wyes may be sprung in or sewers tapped as above but at no cost to the city. All sewer and water connections shall be made and laid under the supervision of the city engineer.
05-0708. Plumbing Inspector. "Plumbing Inspector" shall mean a person duly appointed by the city engineer and duly authorized under this chapter to make inspections of plumbing installation in the City of Harwood. Such a person shall be registered and a holder of a plumber's license issued by the North Dakota State Plumbing Board. He shall also have a City of Harwood plumbing license.
Chapter 5-08
International Property Maintenance Code
Source: Ord. 2025-43, Sec. 7
Section:
5-0801. Adoption of the International Property Maintenance Code by Reference.
5-0802. Amendment to the International Property Maintenance Code.
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5-0801. Adoption Of the International Property Maintenance Code By Reference. There is hereby adopted by reference by the City Council, for the purpose of prescribing regulations governing standards, relative to housing in City of Harwood, that certain code known as the International Property Maintenance Code, recommended and compiled by the International Code Council, being particulary the 2021 Edition thereof, a copy of which is on file in the office of the City Auditor, and the same is hereby adopted and incorporated as if fully set forth herein, and from the provisions therof shall be controlling within the limits of the City and within the extra-territorial zoning jurisdiction of the City.
5-0802. Amendment To the International Property Maintenance Code. International Property Maintenance Code as adopted herein S31-0101, is hereby changed and amended as follows:
Section 101.1 is hereby amended to read as follows:
Section 101.1 Title. These Regulations shall be known as the International Property Maintenance Code of the City of Harwood, hereinafter referred to as "this code."
Section 102.3 is hereby amended to read as follows:
Section 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 all applicable ordinances adopted by the City of Harwood.
Section 103.1 is hereby amended to read as follows:
Section 103.1 Creation of agency. The City of Harwood Inspections Department is hereby created, and the official in charge thereof shall be known as the code official.
Section 104.1 is hereby amended to read as follows:
Section 104.1 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code are established in the following schedule:
A. Initial Inspection- No charge.
B. First Re-inspection charge.
C. Second Re-inspection to the second re-inspection, a fee of $100.
D. Third Re-inspection to the third re-inspection, a fee of $100.
E. Fourth and continuing Re-inspection- As to the fourth and any subsequent re-inspection, a fee of $100.
Section 108.1 is hereby amended to read as follows:
Section 108.1 Membership of the board. The board of appeals shall consist of five members who are qualified by experience and training to pass on matters pertaining to property maintenance and who are not employees of the jurisdiction. The code official shall be an ex officio member but shall not vote on any matter before the board. The board shall be pointed by the board of city commissioners, and shall serve staggered and overlapping terms.
Section 201.3 is hereby amended to read as follows:
Section 201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Building Code, International Existing Building Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Residential Code, NFPA 70, such terms shall have the meanings ascribed to them as stated in those codes. Throughout this code, wherever references are made to the International Plumbing Code, it shall be taken to mean the North Dakota State Plumbing Code and N.D. Admin. Code Section 62-03.1-01. Throughout this code, wherever reference is made to the NFPA 70, it shall be taken to mean the National Electric Code and Chapter 43-09 of the North Dakota State Wiring Standards.
Section 302.4 is hereby amended to read as follows:
Section 302.4 Weeds. Premises and exterior property shall be maintained free from weeds or plant growth.
(Section 303.2)
303.2.1 Fence or Barrier height and clearances. Barrier heights and clearances shall be in accordance with all the following:
1. The top of the barrier shall be not less than 48 inches above grade where measured on the side of the barrier that faces away from the pool or spa. Such height shall exist around the entire perimeter of the barrier and for a distance of 4 feet measured horizontally from the outside of the pool or spa to the inside of the required barrier.
2. The vertical clearance between grade and the bottom of the barrier shall not exceed 2 inches (51 mm) for grade surfaces that are not solid, such as grass or gravel, where measured on the side of the barrier that faces away from the pool or spa.
3. The vertical clearance between a surface below to a solid surface, such as concrete, and the bottom of the required barrier shall not exceed 4 inches (102 mm) where measured on the side of the required barrier that faces away from the pool or spa.
4. Where the top of the pool or spa structure is above grade, the barrier shall be installed on grade or shall be mounted on top of the pool or spa structure. Where the barrier is mounted on the top of the pool or spa, the vertical clearance between the top of the pool or spa and the bottom of the barrier shall not exceed 4 inches (102 mm).
303.2.2 Openings. Openings in the barrier shall not allow passage of a 4-inch diameter (102 mm) sphere.
303.2.3 Solid barrier surface. Solid barriers that do not have openings shall not contain indentations or protusions that form handholds and footholds, except for normal construction tolerances and tooled masonry joints.
303.2.4 Mesh fence as a barrier. Mesh fences, other than chain link fences in accordance with Section 303.2.7, shall be installed in accordance with the manufacturer's instructions and shall comply with the following.
1. The bottom of the mesh fence shall be not more than 1 inches (25 mm) above the deck or installed surface or grade.
2. The maximum vertical clearance from the bottom of the mesh fence and the solid surface shall not permit the fence to be lifted more than 4 inches (102 mm) from grade or decking.
3. The fence shall be designed and constructed so that it does not allow passage of a 4-inch (102 mm) sphere under any mesh panel. The maximum vertical clearances from the bottom of the mesh fence and the solid surface shall not be more than 4 inches (102 mm) from grade or decking.
4. An attachment device shall attach each barrier section at a height not lower than 45 inches (1143 mm) above grade. Common attachment devices include, but are not limited to, devices that provide the security equal to or greater than that of a hook-and-eye-type latch incorporating a spring-actuated retaining lever, such as a safety gate hook.
5. Where a hinged gate is used with a mesh fence, the gate shall comply with Section 303.2.10.
6. Patio deck sleeves, such as vertical post receptacles that are placed inside the patio surface, shall be of a nonconductive material.
7. Mesh fences shall not be installed on top of on-ground residential pools.
303.2.4.1 Setback for mesh fences. The inside of a mesh fence shall be not closer than 48 inches (1219 mm) to the nearest edge of the water of a pool or spa.
303.2.5 Closely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches (1143 mm), the horizontal members shall be located on the pool or spa side of the fence. Spacing between vertical members shall not exceed 1 3/4 inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1 3/4 inches (44 mm) in width.
303.2.6 Widely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches (1143 mm), or more, spacing between vertical members shall not exceed 4 inches (102 mm). Where there are decorative cutouts within vertical members, the interior width of the cutouts shall not exceed 1 3/4 inches (44 mm).
303.2.7 Chain link dimensions. The maximum opening formed by a chain link fence shall be not more than 2 inches (50.8 mm). Where the fence is provided with slats fastened at the top and bottom, which reduce the openings, such openings shall be not more than 2 inches (50.8 mm).
303.2.8 Diagonal members. Where the barrier is composed of diagonal members, the maximum opening formed by the diagonal members shall be not more than 1 3/4 inches (44 mm). The angle of diagonal members shall be not greater than 45 degrees (0.79 rad) from vertical.
303.2.9 Clear zone. Where equipment, including pool equipment such as pumps, filters, and heaters, is on the same lot as a pool or spa, and such equipment is located outside of the barrier protecting the pool or spa, such equipment shall be located not less than 36 inches (914 mm) from the outside of the barrier.
303.2.10 Doors and gates. Doors and gates in barriers shall comply with the requirements of Section 30.3.11 through 303.2.13 and shall be equipped to accommodate a locking device. Pedestrian access doors and gates shall open outward away from the pool or spa, shall be self-closing and shall have a self-latching device.
303.2.11 Utility or service doors and gates. Doors and gates not intended for pedestrian use, such as utility or service doors and gates, shall remain locked when not in use.
303.2.12 Double or multiple doors and gates. Double doors and gates or multiple doors and gates shall have not fewer than one leaf secured in place, and the adjacent leaf shall be secured with a self-latching device.
303.2.13 Latch release. For doors and gates in barriers, the door and gate latch release mechanisms shall be in accordance with the following:
1. Where door and gate latch release mechanisms are accessed from the outside of the barrier and are not of the self-locking type, such mechanisms shall be located above the finished floor or ground surface at residential pools and spas, not less 54 inches (1372 mm).
2. Where the door and gate latch release mechanisms are of the self-locking type, such as where the lock is operated by means of a key, an electronic opener, or the entry of a combination into an integral combination lock, the lock operation control and the latch release mechanism shall be located above the finished floor or ground surface at residential pools and spas, aat not greater than 54 inches (1372 mm).
3. Where the only latch release mechanism of a self-latching device for a gate is located on the pool and spa side of the barrier, the release mechanism shall be located at a point that is at least 3 inches (76 mm) below the top of the gate.
303.2.14 Barriers adjacent to latch release mechanism. Where a latch release mechanism is located on the inside of a barrier, openings in the door, gate, and barrier within 18 inches (457 mm) of the latch shall not be greater than 1/2 inch (12.7 mm) in any dimension.
303.2.15 Structure wall as a barrier. Where a wall of a dwelling or structure serves as part of the barrier and where windows having a sill height of less than 48 inches (1219 mm) above the indoor finished floor, doors, and gates shall have an alarm that produces an audible warning when the window, door, or their screens are opened. The alarm shall be listed and labeled as a water hazard entrance alarm in accordance with UL 2017.
Exceptions: An approved means of protection, such as self-closing doors with self-latching devices, is provided. Such means of protection shall provide a degree of protection that is not less than the protection afforded by an alarm that produces an audible warning when the window, door, or screens are opened.
303.2.16 On-Ground residential pool structure as a barrier. An on-ground residential pool wall structure or a barrier mounted on top of an on-ground residential pool wall structure shall serve as a barrier where all the following conditions are present:
1. Where only the pool wall serves as the barrier, the bottom of the wall is on grade, the top of the wall is not less than 48 inches (1219 mm) above grade for the entire perimeter of the pool, the wall complies with the requirements of Section 303.2, and the pool manufacturer allows to serve as a barrier.
2. Where a barrier is mounted on top of the pool wall, the top of the barrier is not less than 48 inches (1219 mm) above grade for the entire perimeter of the pool, and the wall and the barrier on top of the wall comply with the requirements of Section 303.2.
3. Ladders or steps used as a means of access to the pool are capable of being secured, locked, or removed to prevent access except where the ladder or steps are surrounded by a barrier that meets the requirements of Section 303.
4. Openings created by the securing, locking, or removal of ladders and steps do not allow the passage of a 4-inch (102 mm) diameter sphere.
5. Barriers that are mounted on top of on-ground residential pool walls are installed in accordance with the pool manufacturer's instructions.
303.2.17 Natural barriers. In the case where the pool or spa area abuts the edge of a lake or other natural body of water, public access is not permitted or allowed along the shoreline, and required barriers extend to and beyond the water's edge not less than 18 inches (457 mm), a barrier is not required between the natural body of water shoreline and the pool or spa.
303.2.18 Natural topography. Natural topography that prevents direct access to the pool or spa area shall include, but not be limited to mountains and natural rock formations. A natural barrier approved by the governing body shall be acceptable provided that the degree of protection is not less than the protection afforded by the requirements of Sections 303.2 through 303.2.16.
Section 304.14 is hereby amended to read as follows:
Section 304.14 Insect screens. During the period from April 1 to October 31 of each year, every door, window, and other outside opening required for ventilation of habitable rooms, food preparation areas, and food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, package or stored shhall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), every screen door ussed for insect control shall have a self-closing device in good working condition.
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Section 602.3 is hereby amended to read as follows:
Section 602.4 Heat Supply. Every owner and operator of any building who rents, leases, or lets one or more dwelling units, or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from September 15th to June 1st to maintain temperature of 65°F (20°C) in all habitable rooms, bathrooms and toilet rooms.
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Section 602.4 is hereby amended to read as follows:
Section 602.4 Occupiable work space. Indoor occupiable work spaces shall be supplied with heat during the period from September 15th to June 1st to maintain a minimum temperature of 65°F (18 °C) during the period the spaces are occupied.
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Section 703.7 is hereby deleted in its entirety.
ORDINANCE NO. 2025-44
AN ORDINANCE TO AMEND AND REENACT SECTIONS 5-0405, 5-0407, 5-0413, 5-0418, AND 5-0419, OF THE REVISED ORDINANCES OF 2006 OF THE CITY OF HARWOOD, NORTH DAKOTA, RELATING TO FLOODPLAIN MANAGEMENT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HARWOOD, NORTH DAKOTA:
SECTION 1. Section 5-0405 of Revised Ordinances of 2006 of the City of Harwood, North Dakota, is hereby amended and reenacted by amending the following definition to read as follows. No other definitions are being amended.
**
6. "Best Available Information" (BAI) means water elevation information from any source used to estimate or determine a base flood elevation (i.e. high water mark).
SECTION 2. Section 5-0407 of Revised Ordinances of 2006 of the City of Harwood, North Dakota, is hereby amended and reenacted to read as follows:
5-0407. BASIS FOR ESTABLISHING THE SPECIAL FLOOD HAZARD AREAS. The special flood hazard areas identified by the Federal Emergency Management Agency in a scientific and engineering reprot entitled " The Flood Insurance Study for Cass County, North Dakota, all jurisdictions," dated September 5, 2025," with an accompanying Flood Insurance Rate Map is hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study is on file at the Cass County Planning Office, 1201 Main Avenue West, West Fargo, North Dakota.
SECTION 3. Section 5-0413 of Revised Ordinances of 2006 of the City of Harwood, North Dakota, is hereby amended and reenacted to read as follows:
5-0413. ESTABLISHMENT OF DEVELOPMENT PERMIT. A development permit shall be obtained before construction or development begins within any special flood hazard area established in Sectoin 5-0407. Application for a development permit shall be made on forms furnished by the Floodplain Administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimension, and elevations of the area in question; existing or proposed structures, fill, storage materials, drainage facilites; and the location of the foregoing. Specifically, the following information is required:
1. Elevation in the same datum (either NAVD88 or NGVD29) as the FIRM, of the lowest flood of all structures;
2. Elevation in the same datum (either NAVD88 or NGVD29) as the FIRM to which any structure has been floodproofed:
3. Certification by a registered professional engineer or architect that the floodproofing methods for any non-residential structure meet the floodproofing criteria in Section 5-0418-B; and
4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
SECTION 4 Section 5-0418 of Revised Ordinances of 2006 of City of Harwood, North Dakota, is hereby amended and reenacted to read as follows:
5-0418. PROVISIONS FOR FLOOD HARZARD REDUCTION--SPECIFIC STANDARDS. In all areas of special flood hazards where base flood elevation data has been provided as set in Section 5-0407 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HARZARD or Section 5-0415(B), Use of Other Base Flood Data, the following provisions are required:
A. Residential Construction
1. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to at least one foot above the base flood elevation unless the residential structure meets the provisions of 5-0418-A(2) and 5-0418-A(3).
2. The City of Harwood is approved for Residential Basement Floodproofing as of 12/19/1985. Basements shall be floodproofed in accordance with the Flood Proofing Code for the City of Harwood, dated 09/02/2025.
3. Basements constructed in accordance with these regulations must not be used for sleeping purposes.
4. New construction and substantial improvement of any residential structure shall be designed so that the lowest foundation opening is at lease one foot above the base flood elevation. Any basement area, together with attendant utilities and sanitary facilites, below that level must be designed so that the structure is watertight without human intervention (i.e., the base or sill of all external openings such as windows and doors must be one foot above the 100 - year base flood elevation). Basement walls must be built with the capability to resist hydrostatic and hydrodynamic loads and the effects of buoyancy resulting from the 100 - year frequency flood and must be designed so that minimal structural damage will occur if this design is exceeded.
5. New construction and substantial improvement of any residential structure shall be certified by a registered professional engineer that the floodproofing measures used in the structure satisfy the Flood Proofing Code of Hardwood, and a residential floodproofing certificate must be provided.
6. The Floodplain Administrator will verify that the structure has been built in accordnace with the floodproofing code approved by the Federal Emergency Management Agency.
B. Nonresidential Construction
Construction and substantial impovement of any nonresidential structure shall either have the lowest flood, including basement, elevated on fill to at least one foot above the base flood elevation; or, together with attendant utility and sanitary facilites, shall:
1. Be floodproofed to at least two feet above the base flood elevation, so that below this elevation the structure is watertight with walls substantially impermeable to the passage of water;
2. Have structual components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
3. Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in Section 5-0415-C.2.
C. Manufactured Homes
1. Require all manufactured homes placed within Zone A shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist floatation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.
2. Require all manufactured homes placed or substantially improved within Zones A 1-30, AH, or AE on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivsion, which has incurred substantial damage, be elevated on a permanent foundation so the lowest floor of the manufactured home is elevated one foot aboe the base flood elevation and be securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement.
3. Require that manufacture homes placed or substantially improved on sites in an existing manufacture home park or subdivision within Zones A 1-30, AH, or AE not subject to other requirements of this section be elevated so that either:
(i) the lowest floor of the manufacture home is one foot above the base flood elevation, or
(ii) the manufacture home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36" in height above grade and be securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement.
D. Recreational Vehicles
In A-140, AH, and AE Zones, all recreational vehicles to be placed on a site must:
i. be elevated and anchored to meet the requirements in 5-0418-C; OR
ii. the manufacture home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36" in height above grade and be securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement.
D. Recreational Vehicles
In A-140, AH, and AE Zones, all recreational vehicles to be placed on a site must:
i. be elevated and anchored to meet the requirements in 5-0418-C; OR
ii. be on the site for less than 180 consecutive days; AND
iii. be fully licensed and highway ready.
SECTION 5. Section 5-0419 of Revised Ordinances of 2006 of the City of Harwood, North Dakota, is hereby amended and reenacted to read as follows:
5-0419. SHALLOW FLOODING AO AND AH ZONES. Located within the areas of special flood hazard established in Section 5-0507, are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply:
(1) All new constuction and substantial improvements of residential structures:
(i) Have the lowest floor, including basement, elevated to at least one foot above the base flood elevation (at least two feet if no depth number is specified) unless the residential structure meets the provisions of 5-0419.1(ii) and 5-0419-1(iii).
(ii) The City of Harwood is approved for Residential Basement Floodproofing as of 12/19/1985. Basements shall be floodproofed in accordance with the Flood Proofing Code for the City of Hardwood, dated _____.
(iii) Basements constructed in accordance with these regulations must not be used for sleeping purposes.
(2) All new construction and substantial improvements of non-residential structures;
(i) have the lowest floor (including basement) elevated one foot above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM ( at least two feet if no depth number is specified), or;
(ii) together with attendant utility and sanitary facilites be completely floodproofed to that level to meet the floodproofing standard as specified in Section 5-0418-B.2.
(3) Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures.
SECTION 6. Effective Date. This ordinance shall be in flull force and effect from and after the date of its final passage and publication.
Blake Hankey
Mayor of the City of Harwood, North Dakota
ATTEST:
Chayla Hansen
City Auditor
Date of First Reading: July 7, 2025
Date of Second Reading: August 4, 2025
Date of Publication: August 13, 2025
SECOND READING OF ORDINACNE AND FINAL PASSAGE
Member Sundberg moved that a certain Ordinance No. 2025-44 entitled:
AN ORDINANCE TO AMEND AND REENACT SECTIONS 5-0405, 5-0407, 5-0413, 5-0418, AND 5-0419, OF THE REVISED ORDINANCES OF 2006 OF THE CITY OF HARWOOD, NORTH DAKOTA, RELATING TO FLOODPLAIN MANAGEMENT.
be given its second reading. Said motion was seconded by Member Nettum, and on roll call the following members voted aye: Fix, Sundberg, Higgens, and Nettum. The following members voted nay: none. The following members were absent and not voting: none. The majority having voted aye, the motion was duly declared passed.
The Mayor then declared said motion duly carried and the above-entitles Ordinance was thereupon given its second reading and was duly adopted as read in its entirety.