Ordinance No. 751

AN ORDINANCE BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF Philadelphia ADOPTING THE 2018 EDITION OF THE INTERNATIONAL BUILDING AND INSPECTION CODES AND FOR RELATED PURPOSES

WHEREAS, Miss. Code Ann. Sec. 21-19-25, as amended, provides for the City of Philadelphia to "adopt building codes, plumbing codes, electrical codes, gas codes, sanitary codes, or any other codes dealing with general public health, safety or welfare, or a combination of the same"; and

WHEREAS, the City of Philadelphia is currently operating under the 2012 International Codes, and for the purpose of upgrading the rules and regulations governing buildings and structures and improving standards for utilities and facilities, the Governing Authority finds it in the best interest of the City to adopt the 2018 International Codes as set out herein; and

WHEREAS, an Ordinance of the City of Philadelphia adopting the International Codes, regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures in the City of Philadelphia; providing for the issuance of permits and collection of fees therefor; and repealing all other ordinances and parts of the ordinances in conflict therewith.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF PHILADELPHIA, MISSISSIPPI, AS FOLLOWS:

SECTION 1. That the matters and things set forth in the above preamble are hereby accepted and stated as the findings of the Governing Authority.

SECTION 2. Permit Required; Permit Fee. It shall be unlawful for any owner, authorized agent or contractor who desires to construct, enlarge, alter repair, move demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by the technical codes, or to cause any such work to be done within the City of Philadelphia without first making application to the building official and obtaining the required permit for the work. The Governing Authority shall adopt and maintain a Fee Schedule for Permits required by any of the herein identified Codes.

SECTION 3. Application for Permit. Application for residential permits, other than those specified herein, shall be made to the Building and Permit Department and shall be accompanied by one (1) complete set of plans and specifications showing the work to be done; such plans shall be verified by the signature of either the owner of the property, by the architect or contractor in charge of the operations or a qualified designer. Each application for a building permit for any building to be constructed in those or in a districts zoned R-4 (Multi-Family Residential Distract, not a single family residential dwelling; or in a district with any commercial classification or any industrial classification shall be accompanied by one (1) set of plans prepared by a licensed architect registered with the State of Mississippi. The Mayor and Board 105

reserve the right to reject any plans submitted because said plans are not complete or do not provide sufficient information for said Board to base their decision.

SECTION 4. Amendment to Plans. It shall be unlawful to alter or vary from the submitted plans and specifications unless such variations are submitted in an amended plan or letter of request to the Building and Permit Department and approved by either the Building Official or in his absence, the Building Inspector.

SECTION 5. Adoption of 2018 International Codes. That pursuant to the provisions of Miss. Code Ann. 21-19-25, as amended, the City of Philadelphia adopts the herein described International Codes as published by the International Code Council, including identified amendments and stated appendices, which Codes are on file in the office of the Building Official of the City of Philadelphia, being marked and designated as identified below:

International Building Code. The International Building Code, including Appendices A, D, E, F, G, I, J, K, L, M, N (see International Building Code Section 101.2.1, 2018 ed.), is hereby adopted as if fully set out in this Ordinance, with the additions, insertions, deletions and changes as follows:

Section A101.1. Title. Insert: “City of Philadelphia, Mississippi”

Section A101.4.6. Energy. Delete in entirety.

Section A103. Department of Building Safety. Replace “Department of Building Safety” with “Building and Permit Department”.

Section A105.2. Work Exempt from Permit. Delete Items 1 and 2.

Section A113. Board of Appeals. Delete in entirety.

Section 1612.3. Establishment of flood hazard areas. Insert: “City of Philadelphia, Mississippi” and “March 16, 2010”.

Chapter 13. Energy Efficiency. Delete in entirety.

International Residential Code. The International Residential Code, including Appendices A, C, B, D, G, H, I, J, M, N, O, P (see International Residential Code Section 102.5, 2018 ed.), is hereby adopted as if fully set out in this Ordinance, with the additions, insertions, deletions and changes as follows:

Section R101.1. Title. Insert: “City of Philadelphia, Mississippi”.

Section R103. Department of Building Safety. Replace “Department of Building Safety” with “Building and Permit Department”.

Section R105.2. Work Exempt from Permit. Delete Items 1 and 2.

Section R112. Board of Appeals. Delete in entirety.

Table Section R301.2(1)(g). Climatic and Geographic Design Criteria. Insert: “March 17, 2010”.

Section R302.1. Townhouse Double Walls. Replace “1-hour” with “2-hour”.

Section R313. Automatic Fire Sprinkler Systems. Delete in entirety.

Section R2603.5.1. Sewer Depth. Insert: “12 inches” in two places.

Section P2904. Dwelling Unit Fire Sprinkler Systems. Delete in entirety.

Chapter 11. Energy Efficiency. Delete in entirety. 2.

# International Mechanical Code.

The International Mechanical Code, including Appendix A (see International Mechanical Code Section A101.2.1, 2018 ed.), is hereby adopted as if fully set out in this Ordinance, with the additions, insertions, deletions and changes as follows:

Section A101.1. Title. Insert: “City of Philadelphia, Mississippi”.

Section A103. Department of Mechanical Inspection. Replace “Department of Mechanical Inspection” with “Building and Permit Department”.

Section A106.5.2. Fee schedule. Amend to read “The fees for mechanical work shall be as adopted by the Governing Authority.

Section A106.5.3.2. Insert “Seventy-Five Percent 75%”.

Section A106.5.3.3. Insert “One Hundred Percent 100%”.

Section 109. Means of Appeal. Delete in entirety.

# International Plumbing Code.

The International Plumbing Code, including Appendices C, E (see International Plumbing Code Section A101.2, 2018 ed.), is hereby adopted as if fully set out in this Ordinance, with the additions, insertions, deletions and changes as follows:

Section A101.1. Title. Insert: “City of Philadelphia, Mississippi”.

Section A103. Department of Plumbing Inspection. Replace “Department of Plumbing Inspection” with “Building and Permit Department”.

Section A106.6.2. Fee schedule. Amend to read “The fees for plumbing work shall be as adopted by the Governing Authority.

Section A106.6.3.2. Fee Refunds. Insert “Seventy-Five Percent 75%”.

Section A106.6.3.3. Fee Refunds. Insert “One Hundred Percent 100%”.

Section A109. Means of Appeal. Delete in entirety.

Section 305.4.1. Sewer Depth. Insert “12 inches” in two places.

Section 1003.1.1. Add. Grease Interceptor Minimum Capacity. When required the Grease Interceptor Minimum Capacity Shall be 500 Gallons in Size.

# International Fuel Gas Code.

The International Fuel Gas Code, including Appendices A, B, C, and D (see International Fuel Gas Code Section 101.3, 2018 ed.), is hereby adopted as if fully set out in this Ordinance, with the additions, insertions, deletions and changes as follows:

Section A101.1. Title. Insert: “City of Philadelphia, Mississippi”.

Section A103. Department of Inspection. Replace “Department of Inspection” with “Building and Permit Department”.

Section A106.6.2. Fee schedule. Amend to read “The fees for work shall be as adopted by the Governing Authority.

Section A106.6.3.2. Fee Refunds. Insert “Seventy-Five Percent 75%”.

Section A106.6.3.3. Fee Refunds. Insert “One Hundred Percent 100%”.

Section A109. Means of Appeal. Delete in entirety.

# International Swimming Pool and Spa Code.

The International Swimming Pool and Spa Code, including Appendices A, B, C, and D, is hereby adopted as if fully set out in this Ordinance, with the additions, insertions, deletions and changes as follows:

3.

Section A101.1. Title. Insert: “City of Philadelphia, Mississippi”. Section A103. Department of Building Safety. Replace “Department of Building Safety” with “Building and Permit Department”. Section A105.6.2. Fee schedule. Amend to read “The fees for work shall be as adopted by the Governing Authority. Section A105.6.3.2. Fee Refunds. Insert “Seventy-Five Percent 75%”. Section A105.6.3.3. Fee Refunds. Insert “One Hundred Percent 100%”. Section 108. Means of Appeal. Delete in entirety. Section 305.2. Outdoor swimming pools and spas. Add: “A barrier is not required around a pool that is situated on two (2) or more acres.”

International Private Sewage Disposal Code. The International Private Sewage Disposal Code, including Appendices A and B (see International Private Sewage Disposal Code Section 101.2.1, 2018 ed.), is hereby adopted as if fully set out in this Ordinance, with the additions, insertions, deletions and changes as follows: Section A101.1. Title. Insert: “City of Philadelphia, Mississippi”. Section A103. Department of Private Sewage Disposal Inspection. Replace “Department of Private Sewage Disposal Inspection” with “Building and Permit Department”. Section A106.4.2. Fee schedule. Amend to read “The fees for private sewage work shall be as adopted by the Governing Authority. Section A106.4.3.2. Fee Refunds. Insert “Seventy-Five Percent 75%”. Section A106.4.3.3. Fee Refunds. Insert “One Hundred Percent 100%”. Section 109. Means of Appeal. Delete in entirety.

International Existing Building Code. The International Existing Building Code, including Appendices A, B, and C (see International Existing Building Code Section A101.6, 2018 ed.), is hereby adopted as if fully set out in this Ordinance, with the additions, insertions, deletions and changes as follows: Section A101.1. Title. Insert: “City of Philadelphia, Mississippi”. Section A103. Department of Building Safety. Replace “Department of Building Safety” with “Building and Permit Department”. Section 112. Board of Appeals. Delete in entirety.

International Fire Code. The International Fire Code, including Appendices B, C, D, E, F, G, H, I K, L, M, and N (see International Fire Code Section A101.2.1, 2018 ed.), is hereby adopted as if fully set out in this Ordinance, with the additions, insertions, deletions and changes as follows: Section A101.1. Title. Insert: “City of Philadelphia, Mississippi”. Section A103. Department of Fire Prevention. Replace “Department of Fire Prevention” with “City of Philadelphia Fire Department”. Section A109. Board of Appeals. Delete in entirety.

4.

? fine Section A112.4. Failure to comply. Insert: "Five Hundred Dollars" in the first location. Delete the remainder of the sentence. Section 1203.2. Where required. Replace "1203.2.18" with "1203.2.19". Section 1203.2.19. Add: "In all group R-1 and R-2 Occupancies 3 or more stories in height, emergency power shall be provided for all required fire protection systems, including electric fire pumps installed in accordance with Section 913 'Fire Pumps' and means of egress illumination and a minimum of one elevator."

International Code Council/American National Standard Institute A117.1-2017 (Accessible and Usable Buildings and Facilities). The International Code Council/American National Standard Institute A117.1-2017 is hereby adopted as if fully set out in this Ordinance.

SECTION 6. National Electric Code. The National Electric Code, 2015 edition, as published by the National Fire Protection Association.

SECTION 7. Establishment of Flood Hazard Areas. To establish flood hazard areas, the Governing Authority adopted a flood hazard map and supporting data. The flood hazard map, adopted March 16, 2010, includes at a minimum, areas of a special flood hazard as identified by the Federal Emergency Management Agency along with the accompanying Flood Boundary and Flood way Map (FBFM) and related supporting data and any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be a part of this section.

SECTION 8. Fee Refunds. The Building Official shall authorize the refunding of fees as follows: 1. The full amount of any fee paid which was erroneously paid or collected. 2. Not more than seventy-five (75%) percent of the permit fee paid shall be refunded when no work has been done under a permit issued in accordance with this Code. The Building Official shall not authorize the refunding of any fee paid, except upon written request filed by the original permittee not later than 180 days after the date of fee payment.

SECTION 9. Violation Penalties (Failure to Comply). Any person who shall violate a provision of the above adopted Codes, fail to comply with any of the requirements thereof, or erect, install, alter, or repair work in violation of the approved construction documents or directive(s) of the Building Official, or of a permit or certificate issued under the provisions of any of the above adopted Codes, shall be guilty of a misdemeanor in accordance with Miss. Code Ann. Sec. 21-13-1, as amended. Each day that a violation continues shall be deemed a separate offense.

SECTION 10. Stop Work Orders. Upon notice from the Building or Code Official that work is being done contrary to the provisions of this Code or in a dangerous or unsafe manner, such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, the owner's agent, or the person doing the work. The notice shall state the conditions under which work is authorized to resume. Any person who shall continue any work on the system after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine of not less than Five Hundred Dollars ($500.00). ?????

SECTION 11. Appeal. A person directly and adversely affected by a decision made in accordance with any of the above adopted Codes may appeal the decision by filing a written notice of appeal with the Building Official, or his or her designee, within ten (10) days of the decision or action being appealed. The notice must state the grounds for appeal, including reference to any applicable Code sections.

SECTION 12. Severability and Validity Clause. That if any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City of Philadelphia hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one ore more sections, subsections, sentences, clauses and phrases be declared unconstitutional.

That nothing contained in this Ordinance or in these Building Codes hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character by lost, impaired or affected by this Ordinance.

SECTION 13. Adoption Clause. That this Ordinance shall be published accordingto law and shall be spread on the Minutes of the City of Philadelphia.

SECTION 14. Repeal of Conflicting Ordinances. All other Ordinances, Resolutions or Orders or portions thereof that conflict with the terms and provisions of this Ordinance are hereby repealed.

SECTION 15. This Ordinance shall be effective thirty (30) calendar days from and after its adoption.

THE ABOVE AND FOREGOING ORDINANCEhaving previously been reduced to writing, and no request being made by the Mayor or any member of the Board of Aldermen that the Ordinance be read by the City Clerk before any vote was taken, was introduced Alderman Clearman and seconded by Alderman Waltman and was adopted by the following roll call vote:

Alderman Clearman voted: Aye Alderman Fulton voted: Aye Alderman Seales voted: Aye Alderman Tatum voted: Aye Alderman Waltman voted: Aye

WHEREUPON, the foregoing Ordinance was declared passed and adopted at a regularly scheduled meeting of the meeting of the Mayor and Board of Aldermen of the City of Philadelphia, Mississippi, on this the 1st day of November, 2022.

James Young, Mayor

ATTEST:

Nikki Walton, City Clerk 6.