AN ORDINANCE AMENDING CHAPTERS 5, ARTICLE II AND CHAPTERS 7, ARTICLE II OF THE TOWN OF CHAPEL HILL CODE OF ORDINANCES TO ADOPT THE NORTH CAROLINA STATE BUILDING CODES AND TO CLARIFY THE FIRE LIMITS OF THE TOWN (2006-10-09/O-1)

BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:

Section 1.  Section 5-15 of the Town Code is hereby amended to read as follows:

“Sec. 5-15.  2002 International Building Code with North Carolina Amendments 2003 International Building Code, with North Carolina Amendments, adopted.

The 2002 International Building, Residential, Plumbing, Mechanical, Fuel Gas and Energy Code with North Carolina Amendments, 2002 Edition of the National Electrical Code (NFiPA -70) with North Carolina Amendments, 2002 North Carolina Administration and Enforcement Requirements Code, North Carolina Accessibility Code 2002 Edition, Volume 8 North Carolina Regulations for Modular Construction 1994 Edition, and North Carolina Regulations for Manufactured and Mobile Homes 1995 Edition, with 1996 Amendments, The 2003 International Building Code with North Carolina Amendments to include Appendix C Group U – Agricultural Buildings, Appendix D - Fire Districts, Appendix F - Rodent Proofing, Appendix G - Flood-Resistant Construction, Appendix H - Signs, Appendix I - Patio Covers, Appendix J – Grading,  The 2003 International Residential Code with North Carolina Amendments to include Appendix G – Swimming Pools, Spas and Hot Tubs, Appendix K – Sound Transmission, Appendix M – Wood Decks, Appendix N – Basic Load Estimating, Appendix O – Foam Plastic Diagrams,  2003 International Plumbing Code with North Carolina Amendments to include Appendix B – Rates of Rainfall For Various Cities, Appendix C – Grey Water Recycling Systems, Appendix E – Sizing of Water Piping System, Appendix F – Structural Safety, Appendix G – Vacuum Drainage System, Appendix H – Rodent Proofing, 2003 International Mechanical Code with North Carolina Amendments to include Appendix A – Combustion Air Openings and Chimney Connector Pass-throughs, Appendix C – Grease Hood Duct Flanges, 2003 International Fuel Gas Code with North Carolina Amendments to include Appendix A – Sizing and Capacities of Gas Piping, Appendix B – Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category I Appliances, and Appliances Listed For Use With Type B Vents, Appendix C – Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems, and, 2003 International Energy Code with North Carolina Amendments, 2005 Edition of the National Electrical Code  (NFiPA -70) with North Carolina, The North Carolina Accessibility Code 2002 Edition, The 2006 North Carolina Administrative Code and Policies, Volume 8 North Carolina Regulations for Modula Construction 1994 Edition, and North Carolina Regulations for Manufactured and Mobile Homes 1995 Edition, with 1996 Amendments, are hereby adopted by reference and shall control construction and installation of improvements within the town and its extraterritorial planning jurisdiction the same as if set out at length herein, except as the same shall be amended in this chapter.”

Section 2. Section 7-15 of the Town Code is hereby amended to read as follows:

“Sec. 7-15. Adoption.

(a)   Adoption of the International Fire Code (2000 Edition), current edition of the North Carolina State Fire Code and Appendixes and that which is adopted by the North Carolina Building Code Council. There is hereby adopted for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as International Fire Code (2000 Edition) (with the North Carolina Amendments as established in 2002 the North Carolina State Building Code: Fire Code (2003 International Fire Code with North Carolina Amendments) 2006 Edition, or current state adopted code and noted Appendixes i.e. Appendix A - Board of Appeals, Appendix B - Fire Flow Requirements for Buildings, Appendix C - Fire Hydrant Locations and Distribution, Appendix D - Fire Apparatus Access Roads, Appendix E - Hazardous Categories, Appendix F - Hazard Ranking, Appendix G - Cryogenic Fluids – Weight and Volume Equivalents, and Appendix H - Test Requirements for Flame-Retardant Chemicals Used on Christmas Trees, of which the Town of Chapel Hill has not less than three (3) copies of this code and have been and now are filed in the office of the Town of Chapel Hill Fire Marshal, and the same are hereby adopted and incorporated as fully as if set out at length herein, and the provisions thereof shall be controlling within the limits of the town and its Extra-territorial planning jurisdiction. 

(b)  With the adoption of above code and the Town Of Chapel Hill Ordinance as it relates to Fire Protection and Prevention, which ever code or ordinance is more stringent is the code that will be enforced.

(c)  Adoption of the 1996 Current Edition of the National Fire Protection Association’s National Fire Codes, Volumes 1-12.  The National Fire Protection Association’s National Fire Codes, Vols. 1-12, 1996 current editions are hereby adopted by reference as technical ordinances. 

(d) The North Carolina Administration & Enforcement Code Requirements is hereby referenced for the administration of the North Carolina Fire Prevention Code, current edition for periodic inspection of buildings altered, repaired or rehabilitated in accordance with the Existing Building Code.”

Section 3.  Section 5-1 of the Town Code is hereby revised to read as follows:

“Section 5-1. Fire limits designated by reference.

Pursuant to the laws of this state, the fire limits of the town shall be the "Central Business District" all Town Center (TC) zoning districts as established in the ordinance providing for the zoning of Chapel Hill and surrounding areas, as adopted on March 14, 1955, as subsequently amended, and as readopted January 19, 1970 Town of Chapel Hill Land Use Management Ordinance as adopted January 8, 2003, with the location and boundaries thereof as shown on the maps accompanying amending said ordinance of January 8, 1968, being Orange County Tax Maps, and which are is designated "Official Zoning Maps, Central Areas," the Town of Chapel Hill Zoning Atlas, as the same maybe amended from time to time.”

Section 4.  Section 5-2 of the Town Code is hereby revised to read as follows: 

“Section 5-2. Construction within fire limits.

The area lying within the fire limits of the town shall be subject to all of the provisions of Chapter 160A Article nineteen eleven, Part 5, General Statutes of North Carolina, being Sections 160A-115 to 160-154 inclusive, including specifically, but not limited to, Sections 160A-435 and 160A-436 of said General Statutes, which are incorporated herein by reference and made a part hereof, and subject to the further provision that within the fire limits of the town all buildings hereafter erected shall be of fireproof material and no frame or wooden building or wooden shingle roof shall hereafter be erected, altered, repaired or moved except upon a permit issued by the Town Inspections Department Building Inspector and approved by the State in Insurance Commissioner of Insurance, as provided by state law.”

Section 5. This ordinance shall become effective on December 31, 2006.

This the 9^th day of October, 2006.