Loading...
19730911 1973-22ORDINANCE NO. 1973-22 RE-ADOPTION OF CHAPTER 5 (BUILDING) OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA At a regular meeting of the City Council of the City of Fairfax, Virginia, held in the Council Chambers of the City Hall, at Fairfax City, Virginia, on September 11, 1973, the City Council after having first given notice of its intention so to do, in the manner prescribed by law, deleted Chapter 5 (Building) of the Code of the City of Fairfax, Virginia, and replaced it with a new Chapter 5, to be known as the Fair- fax City Building Code, which includes the adoption of the BOCA Basic Building Code, 1970 and the One and Two Family Dwelling Code, 1971, including standards and amendments as adopted by the Virginia Uniform Statewide Building Code, (Virginia State Law Chapter 829, Section 36-100 of the Acts of the Virginia General Assembly of 1972). Section 5-1 Adoption of the Building Code There is hereby adopted by the City Council of the C~ty of Fairfax, Virginia, for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, and maintenance of buildings and structures, including permits and penalties, the certain building codes known as the BOCA Basic Building Code, 1970 and the One and Two Family Dwelling Code, 1971, including standards and amendments as adopted by the Virginia Uniform Statewide Building Code; not less than three copies of each Code shall be on file in the Office of the Chief Inspector in City Hall and shall be available for inspection between the hours of 8:30 a.m. and 5:00 p.m. Monday through Friday, inclusive, and the said Building Codes are hereby adopted and incorporated herein as fully as if set out at length herein. From the date this Chapter becomes effective, its provisions shall be controlling as to all matters contained herein. 1973-22 -2- Section ~-2 Definitions The following words, terms and phrases, when used in this Chapter shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: i. Wherever the words "Building Official" are used in said Code they shall mean "Chief Inspector." 2. Wherever the words "Department of Building Inspection" are used in said Code they shall mean "Off~ce of Inspections". 3. Parking Lot - A lot for the parking or storing of more than three motor vehicles in the open, with the exception of parking areas... associated with detached one and two family dwellings. Section 5-3 Fees No permit to begin work for new construction, alteration, removal, demolition or other building operation shall be issued until the fees prescribed in this section shall have been paid to the Treasurer of the City of Fairfax, nor shall an amendment to a permit necessitating an additional fee because of an increase in the size of the buildings or an increase in the estimated cost of the work involved be approved until the additional fee shall have been paid.' The building permit fee for any municipal, county or state building may be waived by the City Manager. The fee for the construction of a new building, addition or enlarge- ment shall be based on the superficial area of all floors including base- ments and projected roof area as follows: Two (2) cents per square foot for Type 1, 2, 3a and 3b construction as defined in Article ll; one (1) cent per square foot for Type 3c and 4 construction as defined in Article 11. For a permit for the construction or enlargement of a parking lot, the fee shall be at the rate of one dollar ($1.00) per lO00 square feet or 1973-22 -3- fraction thereof. The fee for a permit for the removal of a building or structure from one lot to another or to a new location in the City of Fairfax shall be at the same rate as herein established for the alteration or repair of a building or structure, plus the cost of the new foundation and all work necessary to place the building or structure in its complete condition in the new location. The fee for repairs and alterations of any building or structure where there is no addition or enlargement shall be based on the cost of the work as follows: Up to $500 the fee will be $5.00 $500 to $1,000 the fee will be $7.00 Over $1,000 the fee will be $10.00, plus three fourths (3/4) of one percent of cost above $1,000. For a permit for the demolition ofabuilding or structure a bond in the amount of $1,000 shall be posted which shall be returned to the per- mit holder upon satisfactory completion of the work, leaving the premises free from all unsafe and hazardous conditions. The fee for a permit for the installation of an elevator, dumb-waiter or man-lift shall be as follows: $20.00 $20.00 $ 7.00 (per floor) $]o.oo $10.00 Passenger Elevator Freight Elevator Escalator Dumb-Waiter (power driven) Man-Lift (power driven) For repairs to Elevators, Escalators, Dumb-Waiters or Man-lifts $10.00 $]5.00 the fee shall be as follows: Estimated cost up to $1,000 Estimated cost over $1,000 For an annual certificate of compliance, the annual fee shall be as follows: 1973-23 -4- Passenger Elevator $10.00 Freight Elevator $10.00 Escalator $ 5.00 per floor Dumb-Waiter (power) $ 5.00 Man-Lift (power) $ 5.00 For a duplicate certificate of compliance the fee shall be $3.00. The fee fora permit to install oil, gasoline or other fuel tanks shall be $5.00 for each tank under one thousand gallons, plus $1.00 for each 1,000 gallons or fraction above 1,000 gallons. The fee for a permit to install any oil, gasoline or other fuel pump shall be $5.00. Fee per inspection for more than one inspection after violation notice, $5.00. For inspections made necessary by failure to be ready for inspection when requested, a fee of $5.00 will be charged for each additional inspection. The fee for swimming pools shall be $20.00 for residential pools and two cents (2¢) per square foot of the area of the pool for commercial pools. Any permit issued by the Office of Inspections pursuant to the pro- visions of this Code, under which no work has commenced, may be cencelled upon the application of the owner at any time within six (6) months from the date of issuance and fifty (50) percent of the fee paid for such per- mit shall be refunded. Any permit issued pursuant to this Code shall expire and become null and void after the expiration of six (6) months if no work is commenced thereunder during said six (6) months period, pro- vided, however, any permit so voided may be reinstated upon application of the original applicant for a period of one year with no additional fee and provided, at the time of application for reinstatement, such plans and applications comply with the then existing Building Code and other applicable Ordinances of the City. 1973-23 -5- Section 5-4 Names Furnished Before construction begins on any division of the work, the name of the general contractor and the list of the subcontractors shall be furn- ished to the Office of Inspections. Section ~-5 Constitution of Building Code and Appeals Board 1. Membership of Board. There is hereby established a Building Code and Appeals Board which shall consist of not less than eight (8) members appointed by the City Council, consisting of a representative of each of the following groups of professions: a Board of Zoning Appeals of City of Fairfax b Builder or Contractor c Architect d Engineer e Local Real Estate Board f Citizen of the City of Fairfax g Chairman, Board of Electrical Examiners h Chairman, Board of Plumbing Examiners The City Council may appoint one of its members to attend meetings without vote. The members of this Board shall be appointed for the following terms of office: The representative of the City Council and the member from the Board of Zoning Appeals - Indefinitely, at the pleasure of the City Coun- cil. One of the remaining members shall be appointed for five (5) years, one for four (4) years, one for three (3) years, and one for two (2) years, and one to serve one (1) year, and thereafter each new member or reappointee to serve five (5) years or until his successor has been appointed. The Chairman of the Electrical and Plumbing Examiners to serve for their respective active term. 1973-23 -6- 2. Qualifications of Board Members. The member from the Board of Zoning Appeals shall be selected by the City Council without special qualifications. The Architect member must be a registered architect in the State of Virginia; the Engineer member must be a registered engineer in the State of Virginia, with a structural engineering background; the Real Estate member must be a member of the National Association of Real Estate Boards; and the Architect, Engineer, Real Estate and Builder- Contractor members must have had at least ten (10) years experience in their respective profession or occupation. The Citizen member of the Board shall own real property in the City of Fairfax. 3. Absence of Members. In the event that any member becomes inca- pacitated, disabled or resigns, the City Council shall appoint his successor. 4. Chairman of the Board. The Board shall select one of its members to serve as Chairman, and the Chief Inspector shall designate a clerk from the Office of Inspections to serve as Secretary to the Board who shall keep a detailed record of all proceedings on file in the office of the Chief Inspector. 5. Exemption of Members. No member of the Board shall pass on any question in which he is engaged as contractor or material dealer, or in the preparation of plans or specifications, or in which he has any per- sonal interests. 6. Compensation of Members. Board members shall serve without com- pensation. 7. Chief Inspector. The Chief Inspector shall attend all meetings of the Board and shall serve as technical advisor to the Board. 1973-23 -7- Section 5-6 Appeals Procedure 1. Notice of Meeting. The Board shall meet at least once a month at such time as may be set by the Board. Special meetings may be called at any time by the Chairman or the Chief Inspector. 2. Required form of Appeal. All appeals must be in writing and must contain sufficient information to acquaint the Board with the facts involved. The exact form of presentation and the number of copies re- quired is to be prescribed by the Chief Inspector in each individual case. Additional information pertinent to the case over and above that required by the Chief Inspector may be filed by the appellant. 3. Filing fee of $20.00. The fee must be made payable to the City of Fairfax and must accompany the application. This fee is used to advertise the request in the local newspaper and for any incidental costs involved in the meeting. Fee is not returnable unless withdrawal of the application occurs prior to submitting the notice to the newspaper. To have an application complete, the completed application form must be accompanied by a statement in support of same, as ex- plained below, and drawings which would assist the Board in their decision. The Board may postpone making a decision on an incomplete application. At least ten (10) days prior to the date of hearing, the applicant shall notify at least five (5) adjacent or neighboring property owners, by Certified Mail, of his proposed application, providing proof of such notification to the Board at the time the application is heard. 4. Public Hearing. All hearings shall be public and the appellant, his representative and any other person whose interests may be affected by the matter or appeal shall be given an opportunity to be heard. 1973-23 -8- Section ,~77 Decision of the Board. 1. Action of the Board. The Board shall affirm, modify or reverse the decision of the Chief Inspector by a concurring vote of a majority of the qualified members of the board hearing the appeal. 2. Resolution of Board. Every action of the Board shall be by resolution and certified copies shall be furnished to the appellant and to the Chief Inspector. 3. Determining Vote. Failure to secure a majority vote of the qual- ified members of the Board hearing the appeal shall be deemed a confirma- tion of the decision of the Chief Inspector. 4. Enforcement of Decision. The Chief Inspector shall take immediate action in accordance with the decision of the Board. Section ~-8 Code Revisions 1. Function of Board. The Board shall make recommendations to the Virginia State Board of Housing for changes or modifications to the Building Code. 2. Procedure on Code Changes or Modifications. The City Council, the Chief Inspector, or any member of the Board may request the Board to consider modifications or changes to the Building Code. Upon call of %he Chief Inspector or the Chairman, this Board will review and consider such changes at its next regular meeting date, or special meetings called by the Chairman or Chief Inspector for this or other purposes. Any changes or modifications to the Building Code must be sent to the Virginia State Board of Housing for adoption. Section 5-9 Protective Guards and Railings All stair landings, balconies, porches, mezzanines, retaining walls and similar areas, and windows in use groups F, H, L1 and L2, the sills 1973-23 -9- of which are less than twenty-four (24) inches above the floor, shall be provided with protective guards or railings in accordance with this Section. Section 5-10 Guard Details a. Height: Guards shall be not less than forth-two (42) inches high, except in use group L3, one and two-family dwellings, where they may be thirty-six (36) inches high. The height of guards shall be measured vertically to the top of the guard from the floor of balconies, landings and other similar areas, or from the finished grade on the retaining wails. b. Construction: Required guards shall be so constructed that the area in the plane of the guard from top of the floor, to the minimum required height of guard shall be subdivided or filled in one of the following manners: (1) A sufficient number of intermediate longitudinal rails so that the clear distance between rails measured at right angles to the run of rail does not exceed ten (lO) inches. The bottom rail shall be not more than ten (10) inches from the top of floor, measured vertically. (2) Vertical balusters spaced not more than six (6) inches apart. (3) Areas filled wholly or partially by panels of solid, wire mesh, or expanded metal construction or by ornamental grills which provide protection against falling through the guard equivalent to that provided by the intermediate rails or vertical balusters specified in the two preceding paragraphs. (4) Masonry walls may be used for any portion of the guard. (5) Any combination of the foregoing that provides equivalent safety. C. Strength Requirements: Guard rails shall comply with the strength 1973-23 -10- requirements of Section 710.3 and intermediate rails, balusters and panel fillers shall be designed for a uniform load over the gross area of the guard (including the area of any openings in the guard of which they are a part) or not less than twenty-five (25) pounds per square foot. Re- actions due to this loading need not be added to the loading specified by Section 710.3 in designing the main supporting members of guards. Section 5-11 Exceptions No guards or protective rails shall be required: 1. Where the vertical distance to the level or area immediately below is less than twenty-four (24) inches. 2. On windows, which have on their exterior a balcony, porch or similar area which is provided with guards or rails in accordance with this section. 3. On windows with fixed sash that are constructed with horizontal and/or vertical muntins or mullions capable of withstanding the loads prescribed in Section 5-10¢ and spaced at not over twelve (12) inches on centers. Section 5-12 Fences Subject to the structural provisions of Section 716 for wind loads, all fences shall be designed and constructed as herein provided. 1. Barbed Wire and Electrically Charged Fences a. Barbed wire shall not be allowed on any fence or wall at a height of less than six (6) feet. b. Sharp, unfinished, or cut prongs or links of open mesh type fences shall not be allowed on any fence at a height of less than six (6) feet unless the cut prongs or links are placed at the bottom of the fence. 1973-23 -ll- c. The erection or installation of an electrically charged fence is prohibited. Section 5-1} Establishment of Fire Districts 1. The Fire Districts of the City of Fairfax are hereby established as Fire District No. 1 and Fire District No. 2, and are hereby based on and related to the official zoning map of the City of Fairfax and any amendments thereto: a. Fire District No. 1 shall consist of that area of the City of Fairfax which is zoned: 1. Commercial 11. Industrial b. Fire District No. 2 shall consist of that area of the City of Fairfax which is zoned Residential. Section 5-14 Nothing in this Ordinance or in the Code hereby adopted shall be construed to affect any suit~or proceedings now pending in any Court, or any rights acquired, any act or Ordinance repealed hereby, nor shall any right or remedy of any character be lost, impaired or affected by this Ordinance. Section 5-15 Validity The invalidity of any Section or provision of this Ordinance or of the Code hereby adopted shall not invalidate other Sections or provisions thereof. Section 5-16 Zoning and Sanitation Ordinances Unaffected Section 5-17 This Ordinance shall take effect immediately upon its passage. Introduced: September 4, 1973. Adopted: September ll, 1973 ATTEST: ~4~ ....