Board of Appeals

Boards, Commissions & Committees

Board of Appeals - October 4, 2018 Minutes

Members Present: Acting Chairperson, Clay Dietrich, Justin Schoenberg, Jeff Furstenau, Mike Wild, and Dave Obermiller.

Others Present: Bruce Taralson, Ryan Erickson, Mike Moss, Gretchen Morlan, and Greg Johnson.

Acting Chairperson, Clay Dietrich, called the meeting to order and read the hearing procedure rules to all in attendance.

Item 1 – Approve the Minutes of the September 6, 2018 and September 20, 2018 meetings.

Mr. Furstenau motioned to approve the minutes of the September 6, 2018 meeting. Mr. Obermiller seconded the motion. All members present voted aye and the motion was declared carried.

Mr. Wild motioned to approve the minutes of the September 20, 2018 meeting. Mr. Schoenberg seconded the motion. All members present voted aye and the motion was declared carried.

Item 2 – Unfinished Business. Mr. Taralson stated there is no unfinished business at this time.

Item 3 – New Business.

a) Review of International Building Code, Chapters 16-35 & Appendices.

Board Member, Justin Schoenberg, presented Chapters 16 through 23 of the International Building Code to the Board.

Section 1601.1 Mr. Schoenberg recommended continuing the existing local AMENDMENT which requires a structural engineer to determine engineering requirements of this code.

Section 1603.1 This modification addresses construction document requirements for environmental and special loads have been updated for rain, snow, and wind forces. Documents need to show slope factor, basic wind speed, and rain intensity.

Section 1604.3.7 This section has been added and provides limits to the deflection of framing which supports glazing has been added to this section.

Section 1604.5.1 The provisions addressing multiple occupancies within a structure now include an exception exempting buildings in their entirety from needing to qualify as Risk Category IV buildings when a storm shelter is part of the structure.

Section 1604.10 This section has been added and addresses the development of storm shelter loads is to be based on ICC 500, which provides wind speeds for tornado and hurricane shelter design using ASCE 7 load combinations.

Table 1607.1 This section has been modified to clarify which heavy live loads can use live load reduction. Also, the required live load on decks and balconies has been changed to match the ASCE 7.

Section 1607.15.2 This section has been added and requires the minimum lateral load that firewalls must resist is five pounds per square foot.

Section 1609 This modification changes the terminology in describing wind speeds: “ultimate design wind speeds” is now called “basic wind speeds” and “nominal design wind speed” is now being calling “allowable stress design wind speed”. The minimum distance without obstructions has increased from one mile to two miles for buildings on a hill in order to match the ASCE 7. The design wind speed maps have been updated and the number of maps have increased.

Mr. Taralson inquired if this change affects the Fargo-Moorhead area. Mr. Schoenberg stated that if a building is listed as a Category 2 building, it is not affected, but schools with higher occupancies become a Category 3 building and are affected.

Section 1610.1 Mr. Shoenberg recommended continuing the existing local AMENDMENT which allows the maximum height for basement walls to be designed for active pressure to be 9 feet instead of 8 feet.

RECOMMENDATION: The City currently allows 6’-0” on center anchor spacing in non-flood zones. Mr. Schoenberg recommended revising this to tighter spacing. He furthered that no blocking is required along basement walls that are parallel to the trusses and recommends revising this section to require blocking.

Mr. Taralson stated that this issue has been discussed for years and that the code did make a revision to tighter spacing approximately nine years ago. He furthered that he would like staff to review the history behind the change. Mr. Taralson stated that the code went from 6’ to 6” in spacing and many thought it was a clerical issue, but it was not. Mr. Schoenberg stated that flood documents show 8” on center and furthered that he has seen sill plates split on a house that is less than five years old. Mr. Taralson requested that the board look into this section and make a recommendation for staff to review and the request will be placed on the agenda for an upcoming meeting. Mr. Dietrich stated that it would be much easier and cost effective for builders if the code was the same on both sides of the river.

Section 1612 Mr. Shoenberg recommended continuing the existing local AMENDMENT which deletes this section in its entirety as it relates to flood.

Section 1613 This modification brings the site coefficients contained in the International Building Code in alignment with the newest generation of ground motion attenuation equations regarding seismic design.

Section 1613.2.1 This modification updates the International Building Code seismic maps to match new maps in the 2015 NEHRP Provisions and 2016 ASCE 7 standard.

Section 1704.6 This modification adds Section 1704.6.1 which requires a structural observation of buildings that are considered a high-rise or assigned a Risk Category IV.

Section 1705.5.2 This modification requires special inspections on permanent bracing on any wood truss that is 60-inches or taller.
Mr. Schoenberg inquired if the City does special inspections on truss bracing. Mr. Taralson stated not generally unless it’s required. He furthered that in the event it is required, Mr. Taralson would reach out to a special inspector and he would also inquire of their background with wood and seek a structural engineer if needed. Mr. Dietrich stated that truss manufacturer instructions are on site for inspectors as well.

Section 1804.4 The existing local AMENDMENT specifies this section as 1804.4.4, which does not exist and it should read 1804.4. There is a modification in the 2018 code that reduces the required slope at door landings and ramps; however, Mr. Shoenberg recommended continuing the existing local AMENDMENT that addresses surface drainage and accounting for settlement.

Section 1804.5 Mr. Schoenberg recommended continuing the existing local AMENDMENT deleting this section in its entirety as it relates to flood.

Section 1805.1.2.1 Mr. Schoenberg recommended continuing the existing local AMENDMENT deleting this section in its entirety as it relates to flood.

Section 1807.2 This modification deletes a requirement for pressure on a keyway of a retaining wall.

Section 1809.5 Mr. Schoenberg recommended continuing the existing local AMENDMENT which adds an exception for Group U occupancy buildings to not require a frost protected foundation.

Section 2207.1 This modification references the combined 2015 SJI-100 as the new referenced standard for steel joists instead of four separate specifications.

Section 2209.2 This section was added for referencing the cantilevered storage rack standard, RMI ANSI/MH 16.3 which clarifies the characteristics, essential differences, and requirements for cantilevered storage racks.

Section 2211 This modification now references the 2015 editions of the AISI standards for cold-formed steel, including AISI S240, AISI S400, and AISI S202.

Section 2303.2.2 This modification clarifies that fire-retardant-treated lumber must be impregnated with chemicals as part of the manufacturing process. The use of paints, coating, stains or other surface treatments is not an approved method of protection as required in this section.

Section 2303.6 This modification requires that nails and staples are required to conform to the standard ASTM F 1667 Supplement 1. Minimum average bending moment values are added for staples as well.

Table 2304.9.3.2 Added a new alternative fastener schedule for construction of mechanically laminated decking giving equivalent power-driven fasteners for the 20-penny nail.

Section 2304.10.5 This modification requires that staples used in preservative-treated wood and fire-retardant-treated wood to be made of stainless steel.

Table 2304.10.1 This modification aligns the 2018 International Building Code and International Residential Code by requiring 8-penny common or ring shank nails when nailing 6-inches and 12-inches on center for roof sheathing.

Section 2304.11 This modification reorganizes the heavy timber provisions of Chapter 23 and relocates the 2015 International Building Code table on engineered lumber dimensional equivalencies from Section 602.4 to Section 2304.11.

Section 2304.12.2.5 and Section 2304.12.2.6 The provisions for permeable floors and roofs have been modified to require positive drainage of water and ventilation below the floor or roof to protect supporting wood construction.

Table 2308.4.1.1 This modification updates header and girder spans for the exterior bearing wall table and the interior bearing wall table to allow for Southern Pine #2 rather than #1. Building width is also updated supplying span lengths for narrower building areas.

Section 2308.5.5.1 This modification allows single member lumber headers in prescriptive wood framing.

Commercial Building Inspector, Mike Moss, presented chapters 24 through 35 and Appendices of the International Building code to the Board.

Section 2407.1.2 The following statement has been deleted: “when approved by the building official” to be used as an exception and now refer you to ASTM E Standard for the panels to remain in place as a barrier following impact or glass breakage.

Section 2603.4 Heavy timber, in accordance with Section 602.4, has been added as an acceptable thermal barrier over foam plastic.

Section 2603.7 Foam plastic in plenums used as interior wall or ceiling finish, or interior trim, shall exhibit a flame spread index of 25 or less and a smoke index of 50 or less unless they meet one of the three new exceptions.

Section 2603.13 Requirements for cladding over foam sheathing and wood framing have been added to be consistent with the International Residential Code and cold-formed steel stud requirements.

Section 2702.2.12 Errata: The words “of the International Fire Code” should be added after Section 5004.7. Also, the words “grand plant” should be replaced with the words “grade plane”.

Section 2901.1 Staff recommends continuing the existing local AMENDMENT replacing the words “International Plumbing Code” with “North Dakota State Plumbing Code”.

Section 2902.1 Footnote (f) has been added to reference the International Swimming Pool and Spa Code.

Section 2902.2 Exception number 4 has been added stating: “separate facilities shall not be required in business occupancies in which the maximum occupant load is 25 or fewer”.

Section 3109 Section 3109 has been modified in its entirety to reference the International Swimming Pool and Spa Code.

Section 3111 This section has been renamed: “Solar Energy Systems”.

Section 3112 & Section 3113 Both sections have been added to this chapter.

Section 3310.1 At least one temporary or permanent stairway must now be provided in a building under construction once the building has reached a height of 40 feet as measured from the lowest level of fire department vehicle access.

Mr. Furstenau stated that this section isn’t clear on which floor the stairway is to be attached and that there are many buildings without intermediate floors. Mr. Erickson stated that he believed this section might be tied in with standpipes. Mr. Taralson stated that the word “extend” pops out and that it is insinuated that there is a stair already. He furthered that he would review this section and report to the Board.

Section 3313 Staff recommends continuing the existing local AMENDMENT deleting this section in its entirety.

Section 3314 This section has been added. CD: Where do you feel that would be necessary? RE: WE have the requirements during construction. This section is a lot more expanded than in our code. An example might be Large wood structure next to high hazard where an accident could occur a large structure is going up right next to a hospital. RE: nationwide there has been a push for this as once a large building catches fire it is hard to stop and is most often considered a total loss. RE: we will look closely at this section when we present.

Appendix Chapters None of the appendices were reviewed, nor will any be recommended for adoption in Fargo, ND.

Item 3 - b). Election of Officers. Acting Chairperson, Clay Dietrich, called for a nomination for vice-chairperson. Mr. Obermiller nominated Mr. Wild as vice-chairperson. Justin Schoenberg seconded the motion. All members present voted aye and the motion was declared carried.

Acting Chairperson, Clay Dietrich, called for a nomination for chairperson. Mr. Schoenberg nominated Mr. Dietrich as chairperson. Mr. Furstenau seconded the motion. All members present voted aye and the motion was declared carried.

Item 3 - c). Correction to Bylaws. Ms. Morlan stated that there are two proposed bylaw corrections requiring Board approval. She stated that the first proposed correction is to the third sentence in Board of Appeals, Bylaws, Section III – “Meetings”, changing the meeting time from 9:00AM to 9:30AM as the latter is the accurate time meetings are held. Ms. Morlan stated that the second correction is to the fee amount in Board of Appeals, Bylaws, Section VII – “Appeals to the Board”, changing the appeal request fee from $15.00 to $150.00. Ms. Morlan stated that she believed this to be a typo, as the website and appeal applications state $150.00 as the appropriate fee. She stated that there was not an appeal fee at one point in time and the Board was continuously meeting over appeal requests that proved frivolous. Mr. Schoenberg motioned to approve the corrections to the bylaws. Mr. Furstenau seconded the motion. All members present voted aye and motion carried.

Item 4 – Staff Reports. Mr. Taralson stated that there were no staff reports.

There being no further business, the meeting was adjourned.

Respectfully Submitted,

Bruce Taralson
Board Secretary