Board of Appeals - October 18, 2018 Minutes

Members Present: Chairperson, Clay Dietrich, Vice-Chairperson, Mike Wild, Justin Schoenberg, Jeff Furstenau, and Mark Honzay.

Others Present: Bruce Taralson, Ryan Erickson, Melissa Gaulrapp, Clinton “Hap” Hildebrand, Wayne Larson, John Gunkelman, Bill Thompson, Luke Olson, Joseph Girdner, Christine Rose and Gretchen Morlan.

Vice-Chairperson, Mike Wild, called the meeting to order.

Item 1 – Approve the Minutes of the October 4, 2018 meeting.

Justin Schoenberg motioned to approve the minutes of the October 4, 2018 meeting. Mark Honzay seconded the motion. All members present voted aye, and the motion was declared carried.

Item 2 – Unfinished Business. Mr. Taralson stated that there was no unfinished business to report.

Item 3 – New Business

a). Recognition of past board member, Wayne Larson.

Mr. Taralson stated that past Board member, Wayne Larson, served on the Board of Appeals from June of 2007 to June of 2017. He provided strong leadership skills as the Board’s chairperson during his last term. He furthered that Mr. Larson provided his expertise in structural engineering and presented code changes and proposed amendments to the Board during the code review process.

b). Review of International Residential Code, Chapters 1-6

City of Fargo Residential Plan Reviewer, Melissa Gaulrapp, presented Chapters 1-4 of the International Residential Code to the board.

Section R101.1 Staff recommends continuing the existing local AMENDMENT inserting “the City of Fargo” as the name of the jurisdiction.

Section R101.2 This section now specifically allows care facilities for five or fewer persons to be constructed under the IRC when a residential fire sprinkler system is installed. The International Building Code (IBC) refers designers to the IRC for these occupancies, as it has since the 2012 edition. This change makes the allowance explicit in the IRC as well.

Section R104.8 Staff recommends continuing the existing local AMENDMENT adding a paragraph regarding liability.

Section R104.8.1 Staff recommends continuing the existing local AMENDMENT adding “or omission” and specifying the immunities and defenses provided.

Section R104.10.1 Staff recommends continuing the existing local AMENDMENT deleting this section in its entirety as it conflicts with locally adopted floodproofing codes.

Section R104.11 This section has been reworded for clarity and to specify that alternative methods must be equivalent in “quality, strength, effectiveness, fire resistance, durability, and safety”.

Section R105.2 Staff recommends continuing the existing local AMENDMENT detailing which work is exempt from permit.

Section 105.3.1.1 Staff recommends continuing the existing local AMENDMENT deleting this section regarding floodplain enforcement.

Section R105.5 This section now specifies that a permit expires if there are more than 180 between inspections rather than if the work is abandoned for more than 180 days. This provides a verifiable time span. The building official may still grant extensions.

Section 106.1.4 Staff recommends continuing the existing local AMENDMENT deleting this section regarding floodplain enforcement.

Section R106.4 Staff recommends continuing the existing local AMENDMENT deleting this section requiring a set of “approved construction documents”.

Section R108.3 Staff recommends continuing the existing local AMENDMENT adding information about determining the valuation for a building permit.

Section R110.1 This section has been reworded for clarity.

Section R201.3 Staff recommends continuing the existing local AMENDMENT altering the references throughout the code book to the locally and state adopted codes for plumbing, electrical, and flood.

Section R202 Definitions have been reworded and updated throughout the balance of this chapter, including updated references to standards. Several definitions have an added reference to the subset of definitions in Chapter 11.

Section R202 (continued) To avoid confusion, the word “accessible” and the phrase “readily accessible” are avoided throughout the code in favor of specific access and clearance requirements. The definition for “accessible: has been changed to “access (to)” and “accessible (readily)” has been replaced by “ready access (to)”.

Section R202 (continued) Definitions for “carbon monoxide alarm” and “carbon monoxide detector” have been added to clarify the difference between the terms.

Section R202 (continued) A definition of “historic building” has been added, with reference to Chapter 11.

Table 301.2(1) This table has been expanded to include default design number for HVAC systems. These numbers are based on data from Manual J as the referenced standard, some extrapolation, and some “default” values used in mechanical system design.

Section R301.2.4 Staff recommends continuing the existing local AMENDMENT deleting this section in its entirety as it pertains to flood.

Several Pages – Section 302 Throughout the fire-resistant construction section, reference to Section 703.3 of the IBC has been added as an option for compliance.

Table 302.1(1) – Table on Page 4
Staff recommends changing the existing local AMENDMENT, continuing to reduce the required fire-resistance separation for walls and projections from 5 feet to 3 feet. The rest of the table has been changed to agree with our previous amendment so those adjustments are no longer needed. The footnotes were reworded for clarity.

Table 301.2(1)
Climactic and Geographic Design Criteria

Section R302.2 This section has been rewritten to allow for two one-hour fire-resistance-rated walls, called a “double wall” in the code. Thus, the previous amendment adding that provision to Section R302.2 is no longer needed.

Section R302.4.2 Item #4 List of luminaires have been added to the list of allowable membrane penetrations.

Section R302.5.1 Staff recommends extending the local AMENDMENT deleting to the requirement for a self-closing device to include the automatic-closing device added to the code.

Section R302.10.1 This section was reworded for clarity. The requirement remains unchanged.

Section R302.13, Item #2 Electric-powered heating appliances now trigger the requirement for floor protection in crawl spaces, in addition to storage and fuel-fired appliances.

Section R303.4 Staff recommends continuing the existing local AMENDMENT in order to coordinate with the International Building Code, where this requirement is deleted.

Section R307.1 Staff recommends continuing the existing local AMENDMENT changing the reference in this section to the “North Dakota State Plumbing Code” and requiring the clearance in front of water closets and bidets to be a minimum of 24” to coordinate with the North Dakota Plumbing Code.

Section 308.4.2 Item #2 The words “perpendicular to” have been replace with “less than 180 degrees from” when considering whether glazing adjacent to a door must be safety glazing. This clarifies how angled walls next to doors shall be treated.

Section R308.4.4.1 This new section creates a requirement for a top rail on glass guardrails. The new language requires that the top rail remain in place should one of the glass balusters fail.

Section R309.3 Staff recommends continuing the existing local AMENDMENT deleting this section in its entirety as it addresses flood areas.

Section R310.2.2 Staff recommends continuing the existing local AMENDMENT regarding window sill height for egress windows.

Section R310.2.3.1 Staff recommends continuing the existing local AMENDMENT allowing platforms and terraced window wells to the code’s methods for compliance.

Section R310.3 The requirement for bulkhead enclosures for below-grade doors has been changed to the same area well requirements as egress windows. Staff recommends adding a local AMENDMENT allowing platforms and terraced window wells in such area wells to coordinate with Section R310.2.3.1.

Section 311.3 Staff recommends continuing the existing local AMENDMENT adding a second exception for eliminating landings at exterior doors other than the required egress door.

Section R311.3.1 Staff recommends continuing the existing local AMENDMENT altering the section for required egress doors to allow the maximum 8” difference to coordinate with the riser height amendment to 311.7.5.1.

Section R311.3.2 Staff recommends continuing the existing local AMENDMENT altering the section for other exterior doors to allow the maximum 8” difference to coordinate with the amendment to 311.7.5.1.

Section R311.7.5.1 Staff recommends continuing the existing local AMENDMENT allowing a maximum riser height of 8”.

Section R311.7.5.2 Staff recommends continuing the existing local AMENDMENT requiring a tread depth of not less than 9”.

Section R311.7.5.2.1 Staff recommends continuing the existing local AMENDMENT requiring a minimum tread depth of not less than 9” for winder treads.

Section R311.7.6 Staff recommends continuing the existing local AMENDMENT adding a second exception for landings at exterior doors. This coordinates with the amendment to R311.3.

Section R311.7.8.2 through Section R311.7.8.4 These sections have been reorganized for clarity. Handrail clearance now has an exception that allows an extra 2” of projection at landings, floors, or passing flights of stairs.

Section R3211.7.11 and Section R311.7.12 Alternating tread devices and ship ladders are now allowed to be used as part of the means of egress for lofts and mezzanines 200 square feet or less, provided the device is not the sole access to a kitchen or bathroom.

Section R312.1.1 Staff recommends continuing the existing local AMENDMENT removing the requirement for the height of a floor or grade to be measured 36” from a walking surface when determining whether a guard is required.

Section R313.1 Staff recommends continuing the existing local AMENDMENT requiring townhouses located more than 150’ down a private street or access road have fire sprinklers installed. This coordinates the requirements of the IRC with the International Fire Code.

Section R313.1 Staff recommends continuing the existing local AMENDMENT removing the reference to Chapter 29 and adding design standards as alternatives.

Section R313.2 Staff recommends continuing the existing local AMENDMENT deleting this section and its subsections entirely in accordance with state code.

Section R314.2.2 The words “or where one or more sleeping rooms are added or created in existing dwellings” were removed as they were considered redundant. The same change was made to Section R315.2.2 for carbon monoxide detectors.

Section R314.3 Staff recommends continuing the existing local AMENDMENT adding item 5 requiring an additional smoke detector in locations where the ceiling height of a room open to the hallway serving bedrooms is 24” or more higher.

Section 314.4 The exception to the interconnection of smoke alarms for renovations has been removed. The code now requires physical or wireless interconnection of in all cases where interior work requiring a building permit is performed.

Section 315.5 This new section requires carbon monoxide alarms to be interconnected but includes an exception for alterations and repairs.

Section R317.3.1 Stainless steel staples have been added as acceptable fasteners for treated wood.

Section R322 Staff recommends continuing the existing local AMENDMENT deleting this section in its entirety as it conflicts with local flood ordinances.

Section R324 Information on photovoltaic systems was previously spread between Chapter 3 and Chapter 9. The roof load and penetration requirements were moved from Chapter 9 to Chapter 3 for clarity.

Section R324.6 and Section R324.7 These sections regarding photovoltaic (solar energy) systems on roofs have been reworded and expanded to coordinate with the International Fire Code (IFC) requirements.

Section R325.6 This new section removes the technical information for habitable attics from the definition in Chapter 2 to the relevant design section. Item 4 was added to limit the size of habitable attic space to that of the exterior walls below.

Section R326 Staff recommends continuing the existing local AMENDMENT deleting this section in its entirety.

Section R327 This new section details the relevant standards and installation requirements for storage batteries. It includes exceptions for electric vehicles and small batteries common in tools and alarm systems.

Section R401.1 Staff recommends continuing the existing local AMENDMENT changing the references for flood hazard design to the City of Fargo’s adopted flood ordinances.

Section R401.3 Staff recommends continuing the existing local AMENDMENT deleting the requirement for measuring grade slope and the exception regarding physical barriers and impervious surfaces.

Section R401.4 The new definitions for expansive and compressible soils are referenced in this section requiring soils tests.

Section R403.1.1 This section now includes a reference to the figures and already in the 2015 edition of the code for precast foundations.

Section R403.1.4.1 Staff recommends continuing the existing local AMENDMENT to the exceptions to include all freestanding accessory structures and all decks in these categories.

Section R403.1.6 This section was reworded for clarity.

Table R403.3(1) Footnote (c) was updated with the current ASCE 32 values for insulation materials.

Table R403.4 This table now includes minimum widths for crushed stone footings based on the width of the foundation wall. Two new footnotes specify how the crushed stone must be consolidated and refer to the soil classification table.

Section R404.1.3.2 Staff recommends continuing the existing local AMENDMENT adding the references to the figures and tables for foundation reinforcement historically added locally. This includes Tables 404.1.2(10) and R404.1.2(11) with their associated footnotes and Figures 404.1.2(1) and 404.1.2(2).

Section R405.1 The required location for foundation drainage has been clarified to be “at or below the top of the footing or below the bottom of the slab”.

Section R405.2.3 Staff recommends discontinuing the existing local AMENDMENT reducing the size of sump pits in wood foundations as it has not been used and has no effect.

Section R408.3 The option has been added to provide a dehumidifier for moisture control in unvented crawl spaces.

City of Fargo Residential Building Inspector, Clinton “Hap” Hildebrand, presented chapters 5 and 6 of the International Residential Code to the board.

Table R505.3.2 Spans have been reduced on some sizes.

Section R507 The content has been reorganized so topics flow in order of construction. Design specs for Wood, Fasteners, and common Deck materials have been added.

Section R507.3 Staff recommends continuing the existing local AMENDMENT deleting this section in order to avoid confusion with the amendment made to Section R403.1.4.1 regarding frost protection.

Table R507.4 Maximum height for a 4x4 post has been reduced to 6’-9’’ for use with a 3-ply beam, and it remains at 8’-0” with a 1 or 2-ply beam.

Table R507.3.1 Staff recommends adding a local AMENDMENT deleting this table.

Section R507.5 The method for calculating the permitted cantilever has been changed from ¼ of the actual span to ¼ of the allowable span. Staff recommends adding a new AMENDMENT that changes the wording back to “actual span”.

Table R507.7 Table now includes single-ply beams when using Southern Pine material.

Table R507.6 The portion of the table that identified the “maximum joist span” when used with a cantilever has been changed to “maximum cantilever”.

Mr. Schoenberg inquired whether further discussion should ensue regarding decks. Mr. Taralson stated that that the Inspections department would like recommendations from the Board. He furthered that the 2-ply sandwich beam has been allowed in Fargo as long as he could remember, with the exception of some changes to fasteners and tech screws. Mr. Taralson stated that there have been many issues regarding cantilevers over the years, where some decks were being overdesigned but did not comply because the code specified actual span. Mr. Hildebrand clarified that Mr. Taralson was referring to the cantilever on the joist and that working with the actual span would be preferred. Mr. Taralson stated that he would like the Board to review both the sandwich method and the cantilever issue. Mr. Schoenberg stated that the amendment to Section R507.5 should be fine as long as it specified that the joist must be one piece and cannot be spliced over the intermediate beam line. He furthered that the back span must be a certain length and that, by adding another beam line, the back span is shortened. He noted that this would be acceptable as long as the joist is one piece and goes from the cantilever to the house. Mr. Schoenberg inquired as to when the sandwich beam method had been removed from the code. Mr. Taralson stated that the method in question was never in the code, but has always been allowed in this and other surrounding jurisdictions in North Dakota. Mr. Schoenberg stated that if the City wanted to continue to allow the sandwich method, Table R507.5 regarding max post spacing, may have to be adjusted to allow that detail as there are no beams bearing on top of posts and all force is going through the bolts. Mr. Hildebrand inquired on the effect of two plies not being attached to one another. Mr. Schoenberg stated that, as long as the beams are connected to the joists, having them apart will not significantly affect the strength of them. Mr. Schoenberg stated that he would review this further but that Table R507.5 would have to be amended. Mr. Taralson inquired whether every span in the table might change. Mr. Schoenberg responded that the entire table would have to change. Mr. Dietrich inquired whether or not a larger bolt would be sufficient rather than changing the table, as the table us used by all contractors in the area and other jurisdictions also. Mr. Hildebrand stated that 1/2”galvanized bolts are currently being used in the field and that contractors are having success using them. Mr. Schoenberg stated that he would provide an opinion to staff. Further discussion ensued regarding the details of when the deck section entered the code book.

Table R602.7(1) Columns labeled 20 & 28 Have been changed to 12 & 24. Some spans have been adjusted. Footnote (f) has been added which reduces the allowable span by 30% if the header is not laterally braced.

Table R602.7(2) Columns labeled 20 & 28 have been changed to 12 & 24. Some spans have been adjusted. Footnote (e) has been added which reduces the allowable span by 30% if the header is not laterally braced.

Section R602.7.2 Staff recommends continuing the existing local AMENDMENT that reduces the number of full height studs required at the end of each header.

Section R602.7.5 Staff recommends continuing the existing local AMENDMENT that deletes the sentence that requires the number of full height studs at the ends of the header to be in accordance to Table R602.7.5.

Table R602.7.5 Staff recommends continuing the existing local AMENDMENT deleting this table in its entirety.

Section R602.10 Staff recommends discontinuing an existing local AMENDMENT that allows using Section R602.10 from the 2006 IRC.

Table 602.10.4 8d common nails have been deleted from the approved fasteners list when using structural fiberboard sheathing.

Section R602.10.4.4 This is a new section that requires horizontal joints of panel sheathing in ‘Braced Wall Panels’ to be blocked and fastened.

Table R602.10.5 Relocated portal framing to the bottom of the Table.

Footnotes (c), (d), (e), have changed from “Maximum Opening Height” to “Maximum Header Height”.

Section R603 Minor changes have been made to the span and fastener tables.

Section R609.6.2 A new section has been added: “Impact Protective Systems-Testing and Labeling.”

Item 4 – Staff Reports Mr. Taralson stated that there are no staff reports at this time.

Item 5 - Adjournment Mike Wild motioned to adjourn the meeting. Jeff Furstenau seconded the motion. All members present voted aye, and the motion was declared carried.

Respectfully Submitted,

Bruce Taralson
Board Secretary