Purpose of Code

What is the purpose for building/zoning codes?

The purpose of this code is to provide minimum requirements to safeguard the public safety, health and general welfare.  (2006 IRC Code, Section R101.3)

Permits

What are the requirements for meeting the new energy code?

The 2006 International Energy Conservation Code will be the new Nebraska Energy Code. The Nebraska Energy Code replaces the 1983 Model Energy Code which has been the state standard for the past 20 years.

Therefore when you apply for a Building Permit for a new home or a new commercial building you must show that your building will comply with the Nebraska Energy Code by submitting a Compliance Certificate. This certificate can be generated by using two free software programs developed by the U.S. Dept. of Energy.

The residential program is named REScheck and can be downloaded at www.energycodes.gov/rescheck.

The commercial program is named COMcheck and can be downloaded at www.energycodes.gov/comcheck.

User guides for each program can be found at these sites also.

Without a passing REScheck or COMcheck certificate you will not be able to fill out a permit, so please make sure you bring it with you at the time you apply.

If you have any questions regarding these requirements, please contact:

    Phil Green, Assistant City Administrator (426-6691)

    Dale Miller, Building Inspector (426-6696)

    For questions about the REScheck or COMcheck software, please contact Dale Miller (426-6696)

            Do I need a permit to paint my home?

No, permits are not required for cosmetic improvements such as painting or carpeting your home.  However, permits are required for siding, roofing, replacing windows, installing fences, accessory buildings, interior remodels, and furnace/air conditioning replacement.  Please contact City Hall if there is a question of whether a permit is or is not required.

            How long does it take to process a permit?

It usually takes three to five working days to process a permit for anything requiring plan and zoning review by city staff.

The city requires that a request for an inspection be made 24 hours in advance of the desired inspection time.  Although city staff always tries to accommodate same day inspection requests, city staff cannot guarantee the inspector will be available.

          If the city issues me a building permit, but the building inspector finds code violations when performing an inspection, does having a permit make those violations allowable?

The issuance or granting of a permit shall not be construed to be approval of any violations of any provisions of building code or ordinances of Blair.  The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring corrections of errors in the construction documents and other data.  (2006 IRC Code, Section R105.4)

How soon must I begin work once I have received a permit?

If no work has begun within 180 days of the issuance of a permit, then the project shall be deemed abandoned, unless the building project has been pursued in good faith or an extension has been granted. (2006 IRC Code, Section R105.3.2)

 Architect/Engineer Stamp Requirements

When is it required to have building plans/drawing stamped by a licensed engineer or architect?

According to state law, any project in which a structure exceeds 5,000 square feet, 30 feet in height, or is to be occupied by 20 people or more must have plans prepared by, or under the supervision of, an architect or professional engineer licensed in the State of Nebraska. Qualifying projects must carry the seal of the design professional before it is accepted by the local building official. (E & A Act)

 Footings

What is a floating slab?

A floating slab is a concrete slab with a minimum of a four (4”) inch thickness and a perimeter footing twelve (12”) inches deep, eight (8”) to ten (10”) inches wide with two (2) number four (4) rebar in the footing. 

When can I do a floating slab?

If the building/shed does not exceed 400 square feet and has an eave height of less than 10 feet code allows a floating slab. (2006 IBC, Section 1805.2.1 Exception)*

When are footings to be inspected?

All footings, including poles and piers, shall be inspected when the excavating is complete and all required forms and/or reinforcing steel is in place prior to placing of concrete. (2006 IRC Code, Section R109.1.1)

Roofing

                Do I have to remove old layers of roof material when I am applying a new roof?

If the existing roof covering is water soaked or has severely deteriorated, if the existing roof is wood shake, slate, clay, cement, or asbestos-cement tile, or if the existing roof has two or more applications of any type of roof covering the existing roof coverings must be removed before installing new roof coverings. (2006 IRC, Section R907.3)

 Snow and Wind Loads

What is the wind and snow load in this area? 

The snow load is 30 pounds and the wind speed is 90 mph.  (2006 IRC  Code, Table R301.2 (1))

 Draft Stopping

Is draft stopping required in residential construction?

When there is usable space both above and below the concealed space of a floor/ceiling assembly, draft stops shall be installed so that the area of the concealed space does not exceed 1,000 square feet. Draft stopping shall divide the concealed space into approximately equal areas. Where the assembly’s enclosed by a floor membrane above and a ceiling membrane below, draft stopping shall be provided in the floor/ceiling assemblies under the following circumstances:           

·        Ceiling is suspended under the floor framing.

·        Floor framing is constructed of truss-type open-web or perforated members. (2000 IRC Code, Section R502.12)*

LANDINGS AND STAIRWAYS

Does the underside of the stairway need drywall?    

Yes, enclosed accessible space under the stairs shall have walls, under stair surface and any soffits protected on the enclosed side with gypsum board. (2006 IRC Code, Section R311.2.2)

          Can the landing for the front entry of a dwelling be 4 inches or more below the  doors threshold?

No, the floor or landing at the exit door shall not be more than 1.5 inches lower than the top of the threshold. (2006 IRC Code, Section R311.4.3)

Can the exiting into the garage be your required exit?

No, The required exit door shall provide for direct access from habitable portions of the building without requiring travel through a garage.  (2006 IRC Code, Section R311.4.1)

 Fences

Can I put a 6-foot fence in the front yard?

No, the city zoning requirements allows a 42-inch maximum on fences in the front yard.  Also, no fence, or other object, can exceed 30-inches in height in the sight triangle.  In the case of a corner lot, no fence constructed in the second front yard (the side yard abutting the street) of a corner lot shall exceed 48 inches in height.  Fences that are located in the side and back yards can be up to 6 feet in height. (ZO, Article 11, Section 1102)

Is a chicken wire type fence allowed in the City of Blair?

No, permitted type of fences include chain link fencing, wood fencing (including split rail), wrought iron, plastic, vinyl or other ornamental fencing. (ZO, Article 11, Section 1102 (5))

                Can I install my fence on my property line?

                        Yes, fences can be placed on or inside the property line.

Swimming Pools

Is a permit required for a swimming pool?

If the swimming pool is an in-ground pool or a permanent pool a permit is required for the fence and electrical.  

Are swimming pools allowed in the front yard?

Indirectly, no they are not.  IBC Code Section 3109.4.1 requires a 48-inch fence surrounding the swimming pool and 48-inch fences are not allowed in the front yard. (ZO, Article 11, Section 1102)

Are hot tubs, spa’s and fixed in place wading pools required to fenced?

Yes, if the depth is 24 inches or greater a 48-inch fence or barrier is required with openings of 4 inches or less.  The fence/barrier is to protect the safety of small children by preventing them from easily accessing the pool. 

 Parking Requirements

Does the City of Blair have any regulations concerning parking?

Yes, Article 11, Section 1111 covers the requirements for off-street parking and off-street loading. The dimensions for parking stalls are 8 feet wide and 20 feet long.  Americans with Disabilities Act parking spaces require 13 feet by 20 feet to allow handicapped passengers to have room to exit a vehicle. (ADA, Title 156, Section 4.6 & Figure 9, Page25 & 26)

 Americans with Disabilities (ADA) Requirements

Who is responsible for enforcing the requirements for ADA?

Although the Americans with Disabilities Act is federal legislation, the City of Blair is responsible for enforcing its requirements.

            Are their specific counter requirements for businesses?

If a counter has a register for sales or distribution of goods or services to the public the counter should meet ADA. If a business has an existing counter, and a remodel project is undertaken but the existing counter will be utilized, a folding shelf 36 inches in height and 36 inches in length is required to be attached. If a new counter is installed during an alteration, remodel or new construction project a portion of the main counter shall have a length of 36 inches and a maximum height above finish floor of 36 inches. (ADA, Title 156, Section 7.2, Page 61)   

Accessory Buildings

What is an accessory building?

             Accessory buildings are subordinate buildings that are incidental to the main/principal building on the premises.  Customary accessory buildings include, but are not limited to, detached garages, storage  sheds, and garden houses. (ZO Article 3 Section 303)

Is there a size limitation on accessory buildings?

Yes, the maximum combined total square footage of all buildings shall not exceed fifty (50) percent of the total square footage of the primary building’s ground coverage area or eight hundred sixty four (864) square feet in total area, which ever is the greater. (ZO, Article 11, Section 1103.02 (1))

                Can I have three accessory buildings on my property?

No, you can only have two accessory buildings total for each property.  (ZO Article 11, Section 1103.02) 

Can I build a garage on a vacant lot?

No, no accessory building shall be constructed on a property without a primary building or structure. No accessory building shall remain if the primary structure is removed or demolished. (ZO, Article 11, Section 1103.02 (4))

Is there a height limitation for accessory buildings?

Yes, the maximum allowable building height of an accessory building, at its highest point, shall not exceed the height of the peak of the primary building or the height of twenty (20) feet, whichever is less. (ZO, Article 11, Section 1103.02 (3))

Can I build my garage on the property line with access from the alley?

No, any accessory building requiring vehicle access from an alleyway shall be located a minimum of fifteen (15) feet from the property line. (ZO, Article 11, Section 1103.03)  

 Emergency Escape and Rescue Windows

When are emergency egress windows required?

Basements with habitable space and every sleeping room shall have at least one open able emergency escape and rescue opening. Where emergency escape and rescue openings are provided they shall have a sill height of not more than 44 inches above the floor. (2006 IRC Code, Section R310.1)*

Is there a size requirement for egress windows?

Yes, the minimum opening shall have a minimum net clear opening of 5.7 square feet. Also, the window is required to have a maximum height of 44” from finish floor to the window sill plate. (2006 IRC Code, Section R310.1 & R310.1.1)

What are the requirements for window wells?

The minimum horizontal area of the window well shall be 9 square feet, with a minimum horizontal projection and width of 36 inches. If the depth of the window well is greater than 44 inches the well shall be equipped with a ladder or steps usable with the window fully open. (2006 IRC Code, Section R310.2 & 310.2.1)*

Are permits required for replacing existing windows?

Permits are required when replacing windows in bedrooms and apartment complexes or hotels where the windows are required to meet the egress requirements of the 2000 IRC Codes. (2000 IRC Code, Section R310.1 & R310.1.1 & 2000 IBC Code, Section 1009.1, 1009.2 & 1009.3)

In basements with multiple bedrooms where are the windows required?

Where basements contain one or more sleeping rooms, emergency egress windows are required in all sleeping rooms, but shall not be required in adjoining areas of the basement.  (2006 IRC Code, Section R310.1)* 

Guardrails

When are guardrails required on decks?

Porches, decks, balconies or raised floor surfaces located more than 30 inches above the floor or grade below shall have guards not less than 36 inches in height. This also includes open sides of stairs with a total rise of more than 30 inches above the floor or grade below shall have guards not less than 34 inches in height. (2006 IRC Section R312.1)

 Manufactured Homes

            Are manufactured homes allowed in city limits?

Manufactured homes are considered single-family dwellings under the City of Blair’s Zoning Ordinance and are allowed in any zoning district where single-family dwellings are permitted.  However, some subdivisions are governed by covenants that may not permit manufactured homes. (MC Section 9-109)

            Does the city have any other requirements regarding manufactured homes?

Yes, the city requires that manufactured homes have at least 900 square feet of floor area, at least an 18 foot exterior width, a roof pitch with a minimum vertical rise of 2.5 inches for each 12 inches of horizontal run, a non-reflective roof material, an exterior material similar to surrounding residences, roof eaves of at least 12 inches, meter service equipment permanently attached, and wheels, axles, transporting lights, and towing apparatus removed. (MC Section 9-110)

            Can I add a garage to a manufactured home?

Additions and alterations are allowed on manufactured homes as long as they meet the requirements of Municipal Code Section 9-111, including an architect or engineers certification for additions affecting the home’s original roof. (MC Section 9-111) 

List of Abbreviations

IBC – International Building Code (copy available at Blair Public Library)

IRC – International Residential Code (copy available at Blair Public Library)

E & A Act – Nebraska Engineers and Architects Act (brochure available at City Hall)

ZO – City of Blair Zoning Ordinance (available at www.blairnebraska.org or City Hall)

ADA – Americans with Disabilities Act Code (available at City Hall)

MC – City of Blair Municipal Code (available at www.blairnebraska.org or City Hall)