ORDINANCE NO. BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY AND TIBBS BY THE COUNCIL:

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1 EXECUTIVE SUNLMARY DATE: November 20,2007 FROM: Jenifer Gilliland, PDS TO: Mayor and Council RE: : Update of ordinance relating to the 2006 International Energy Conservation Code (IECC) This update to Title 4, Chapter 15 of the Boise City Building Code adopts the 2006 edition of the International Energy Conservation Code. The 2006 IECC establishes the baseline requirements for energy conservation in new and existing building construction. The 2006 IECC has been restructured and renumbered by the International Code Council but the content itself has stayed mostly the same. One exception to this would be the requirement to increase fiom R-13 to R-19 insulation in exterior walls. Most homebuilders will need to switch the exterior wall construction of their home design fiom utilizing "2x4"s to "2xW6s. This will necessitate the redesign of plans. The code has lightened the impact of this change by also providing an alternate whch allows builders to utilize 2x4 construction, and therefore R-13 insulation, as long as the amount of plywood (structural sheathing) in the wall does not exceed 25%. The only significant administrative change made in this ordinance is a clarification of the appeal process. The appeal process for any given code question will be set before the board of the most relevant discipline. The IECC is considered to be a minimum standard for green building certification. For future reference, programs like LEED and Energy Star assume this level of energy savings and go far beyond its requirements. Both the Building Code Board and the Building Contractors of Southwest Idaho have been briefed on the proposed adoption of this code and no objection has been raised, only requests for clarification of provisions contained within the code. PDS is confident that this revised ordinance provides the minimum standards and provisions for energy conservation and hereby recommends the adoption of this proposed ordinance.

2 ORDINANCE NO. BY THE COUNCIL: BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY AND TIBBS AN ORDINANCE AMENDING THE TITLE TO TITLE 4, CHAPTER 15, BOISE CITY CODE; AMENDING TITLE 4, CHAPTER 15, SECTION 2 BOISE CITY CODE TO REFLECT ADOPTION OF THE 2006 EDITION OF THE INTERNATIONAL ENERGY CONSERVATION CODE (IECC) AND SETTING FORTH AN EFFECTIVE DATE; DELETING TITLE 4, CHAPTER 15, SECTION 3 BOISE CITY CODE WHICH STATED AN EXPIRED EFFECTIVE DATE; AMENDING TITLE 4, CHAPTER 15, SECTIONS 4, 5, AND 6 BOISE CITY CODE TO CONFORM THEM BY RENUMBERING; AMENDING TITLE 4, CHAPTER 15, SECTION 7 BOISE CITY CODE TO RENUMBER IT AS SECTION 6, TO INCREASE THE APPEAL DEADLINE AND APPEAL FEE, TO DELETE LANGUAGE REGARDING APPEALS TO DISTRICT COURT, AND ADD LANGUAGE POR APPEALS TO THE CITY COUNCIL; AMENDING TITLE 4, CHAPTER 15, SECTION 8 BOISE CITY CODE TO RENUMBER IT AS SECTION 7; DELETING TITLE 4, CHAPTER 15, SECTIONS 9 AND 10 IN THEIR ENTIRETY; APPROVING A SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Idaho has adopted the 2006 Edition of the Intemational Energy Conservation Code (IECC), and the City of Boise, in its enforcement of said energy code, must adopt the newest edition of the IECC as adopted by the State; and, WHEREAS, the City desires to make amendments to the Intemational Energy Conservation Code and may do so as long as those amendments provide an equivalent level of life 1 safety protection. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BOISE CITY, IDAHO: Section 1. That Title 4, Chapter 15, Boise City Code shall be amended to have the title read INTERNATIONAL ENERGY CONSERVATION CODE Section 2. That Title 4, Chapter 15, Section 2, Boise City Code shall be amended to read Page 1 of A-07

3 Section CODES ADOPTED All rules, regulations and ordinances applying to the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of the building envelope, mechanical, service water-heating and lighting systems, contained in book and in code form, designated as the % I Edition of the International Energy Conservation Code (IECC), published under the authority of the International Code Council, Inc., together with appendix, is ratified and adopted, except as said rules and regulations are hereby changed, altered and amended by this Ordinance. The 33W 2006 Edition of the International Energy Conservation Code, together with appendix and amendments pursuant to this ordinance, shall be known as the Energy Code of Boise City. Tbw+@j One (1') copy of the Edition of the International Energy Conservation Code shall be filed for use and examination by the public in the office of the City Clerk. All provisions in this chapter shall be effective as of January 1, Section 3. That Title 4, Chapter 15, Section 3, Boise City Code shall be deleted in its entirety. Section 4. That Title 4, Chapter 15, Section 4, Boise City Code shall be amended to read Section FEES The fees for residential inspection verifying for compliance with the Energy Code shall be assessed in accordance with Title 4, Chapter 2, of Boise City Code. Section 5. That Title 4, Chapter 15, Section 5, Boise City Code shall be amended to read Section 4-15-OH- VIOLATIONS Violations of any provision of the Energy Code identified by the Building official shall be subject to enforcement under provisions of Section 113 of the International Building Code or Section R113 of the International Residential Code and as further stated in Title 4, Chapter 2, of Boise City Code. Section 6. That Title 4, Chapter 15, Section 6, Boise City Code shall be amended to read Section STOP WORK ORDER Page 2 of 6

4 Whenever the building official identifies any work regulated by the Energy Code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the building official shall issue a stop work order in accordance with Section 114 of the International Building Code or Section R114 of the International Residential Code and as fiuther stated in Title 4, Chapter 2, of Boise City Code. Section 7. That Title 4, Chapter 15, Section 7, Boise City Code shall be amended to read Section APPEAL PROCESS Any person, firm, association or corporation desiring to appeal an order, decision or determination made by the building official relative to the application and interpretation of this code shall file a written appeal with the building official within 5 10 days from the date the order, decision, or determination was issued. A check for $Z&W $ made payable to Boise City shall be attached to the written appeal request. Recognizing that the energy code is multidisciplinary, the building official shall then set a hearing before the board of the most relevant discipline given the nature of the issue being appealed. Thus, depending upon the issue, an energy code appeal may be heard by the building, electrical or plurnbing/mechanical boards of appeals. Ten (10)days prior to any hearing, the appellant shall be notified as to which board will hear the appeal and will be given a copy of the ordinance governing appeals to that board. The ordinance applicable to the relevant board shall govern the conduct of the appeal hearing. The building official shall schedule the appeal hearing within fifteen (15) days of receiving the appeal.... request... fil.nrr. Thereafter, any person, business or corporation aggrieved by an order. decision or determination of the board of appeals may. within 10 days, appeal to City Council. Section 8. That Title 4, Chapter 15, Section 8, Boise City Code shall be amended to read Section IECC AMENDMENT, SECTION IECC Section is amended to read Terms defined in other codes. Where terms are not defined in this code and are defined in the currently adopted editions in the International Building Code, National Electrical Code, International Fire Code, International Fuel Gas Code, International Mechanical Code or the Uniform Plumbing Code, such terms shall have meanings ascribed to them as in those codes. Section 9. That Title 4, Chapter 15, Section 9, Boise City Code shall be deleted in its entirety. Page 3 of 6

5 Section 10. That Title 4, Chapter 15, Section 10, Boise City Code shall be deleted in its entirety. Section 11. That the summary of the foregoing ordinance, attached hereto as Exhibit A, is hereby adopted and approved. Section 12. That this Ordinance shall be in full force and effect from and after its passage, approval and publication. PASSED by the Council of the City of Boise, Idaho, this day of December, APPROVED by the Mayor of the City of Boise, Idaho this day of December, APPROVED: ATTEST: David H. Bieter MAYOR CITY CLERK Page 4 of 6

6 STATEMENT OF BOISE CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. The undersigned, MARY ELIZABETH WATSON, in her capacity as Assistant City Attorney of the City of Boise City, Idaho, pursuant to Section A(3) of the Idaho Code, as amended, hereby certifies that she has reviewed a copy of the attached Summary of Ordinance No. of the City of Boise City, Idaho, and has found the same to be true and complete and to provide adequate notice to the public. DATED this &?day of hbee,2007. EXHIBIT "A" SUMMARY OF ORDINANCE NO. OF THE CITY OF BOISE CITY, IDAHO PUBLIC NOTICE IS HEREBY GIVEN that the City of Boise City, Idaho, adopted at its regular meeting of,2007 that Ordinance No. entitled: AN ORDINANCE AMENDING THE TITLE TO TITLE 4, CHAPTER 15, BOISE CITY CODE; AMENDING TITLE 4, CHAPTER 15, SECTION 2 BOISE CITY CODE TO REFLECT ADOPTION OF THE 2006 EDITION OF THE INTERNATIONAL ENERGY CONSERVATION CODE (IECC) AND SETTING FORTH AN EFFECTIVE DATE; DELETING TITLE 4, CHAPTER 15, SECTION 3 BOISE CITY CODE WHICH STATED AN EXPIRED EFFECTIVE DATE; AMENDING TITLE 4, CHAPTER 15, SECTIONS 4, 5, AND 6 BOISE CITY CODE TO CONFORM THEM BY RENUMBERING; AMENDING TITLE 4, CHAPTER 15, SECTION 7 BOISE CITY CODE TO RENUMBER IT AS SECTION 6, TO INCREASE THE APPEAL DEADLINE AND APPEAL FEE, TO DELETE LANGUAGE REGARDING APPEALS TO DISTRICT COURT, AND ADD LANGUAGE FOR APPEALS TO THE CITY COUNCIL; AMENDING TITLE 4, CHAPTER 15, SECTION 8 BOISE CITY CODE TO RENUMBER IT AS SECTION 7; DELETING TITLE 4, CHAPTER 15, SECTIONS 9 AND 10 IN THEIR ENTIRETY; APPROVING A SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. Page 5 of 6

7 This ordinance amends sections of the Boise City Code which relate to the International Energy Conservation Code (IECC) as adopted by the State of Idaho and enforced by the City of Boise City. The title of the chapter is changed to reflect adoption of the 2006 edition of the IECC. The section formally stating which version of the IECC is adopted is amended to reflect adoption of the latest edition of 2006 and to list an effective date of January 1,2008. The section which had stated a previous effective date is now deleted. The sections for fees, violations, and stop work orders are amended only to renumber them. The section addressing the appeal process is amended to increase the appeal deadline from five (5) to ten (10) days and to increase the appeal fee from $50.00 to $ There are two amendments for language clarity. And the text regarding appeals to District Court is deleted in order to clarify that decisions of the board may be appealed to the City Council. The section titled IECC Amendment Section which addresses terms defined in other adopted national or international codes is amended only to renumber it. The section titled IECC Amendment Section 302 which sets forth exterior design conditions is deleted in its entirety. The section titled IECC Amendment Section which addresses certain commercial building requirements is deleted in its entirety. The effective date of the Ordinance is the date of its passage, approval, and publication. A copy of the full text of the Ordinance is on file in the office of the City Clerk of the City at City Hall, 150 N. Capitol Boulevard, in Boise, Idaho, where it may be examined during regular business hours of the City Clerk, from 8:00 a.m. to 5:00 p.m. DATED this day of,2007 City of Boise City, Idaho ATTEST: David H. Bieter, Mayor Annette P. Mooney, City Clerk Page 6 of 6