Since that time, City staff and the Board of Aldermen have received numerous complaints regarding the appearance of coops and pens that are visible from adjacent properties and noise complaints. The current regulations address the location and screening of coops and pens as follows:

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“Coops and pens shall be effectively screened from view by pedestrians at ground level at all times by the use of an opaque fence or landscaping.”

Staff’s application of this requirement has been to require screening of views from the public right-of-way, not from adjacent properties, per the City’s Architectural Review Guidelines. Due to the number of complaints the City staff and Board of Aldermen have received regarding the appearance and location of coops and pens, staff has been directed to revise the current regulations to require more stringent screening from the streets and adjacent properties, and therefore proposes the language found herein. The design requirements for coops have also been enhanced to require coops to be constructed of common materials and designs associated with commercially constructed small animal enclosures. Property owners have resorted to enclosures and coops constructed of unconventional materials such as wooden pallets, trampolines, scrap lumber pieces and plastic tarps which appear to be the equivalent of junk storage on private property, rather than an appropriate enclosure for domestic fowl. Staff recommends approval of the proposed ordinance.

City Manager Owens noted that a revised amendment was provided to the Board at each dias for the correct wording to be included in the ordinance as written below:

SECTION 210.260: POSSESSION OF DOMESTIC FOWL

A. Limitations on Keeping Domestic Fowl. It shall be unlawful for a person, other than a veterinary hospital or pet shop, to keep domestic geese, ducks, chickens or turkeys (“domestic fowl”) within the City for commercial or resale purposes. It shall be unlawful for a person to keep more than ten (10) domestic fowl as pets or for domestic egg production. No crowing hens or adult male chickens may be kept. Domestic fowl kept as pets or for domestic egg production must be adequately confined within the private property boundaries of the owner’s yard sufficient to prevent their escape. Any person desiring to keep domestic fowl may do so only upon obtaining a permit for same from the City.

In response to the Board’s questions, Susan Istenes clarified the following:

Section 210.260, B.

before the effective date of this Section on September 24, 2013, shall comply with the provision of this Section and obtain a permit within one hundred twenty (120) days after the effective date of this Section. Existing permit holders shall comply with amendments to this section within 60 days of the effective date (October 13, 2015) of the amendment(s) with the following exception:

a. Pursuant to Section 210.260. (A). any existing permit holder who houses more than 10 domestic fowl on their property may keep the same number of fowl, but may not replace any fowl that expires or that is otherwise permanently removed from their property, until the limit of 10 is reached.

Walter Shifrin, resident, addressed the Board with regard to the allowance of roosters. Susan Istenes stated that owners who currently have roosters will need to come into compliance per the requirements of the ordinance. She added that staff will send letters and a copy of the ordinance to owners who currently hold permits.

Anne Martin, resident, addressed the Board commenting that she is in support of the ordinance and that although she loved her roosters and hated to see them go, she was able to find new homes for them and has come into compliance. She thanked the Board for coming to a decision that she feels will work for everyone.

Alderman Garnholz introduced Bill No. 6518.1, an ordinance to approve an amendment to Chapter 210, Article II, Section 210.260 as it relates to domestic fowl (chickens) as amended by revision to be read for the first time by title only. Alderman Winings seconded.

The one change in the 2015 Code that is considered a significant departure is that Chapter 34, Existing Structures, was deleted from the International Building Code and was replaced with a separate code, the 2015 International Existing Building Code (IEBC). Many of the remaining changes are not significant; however, in this age of rapid and significant advancements in technology, it is especially important to stay up-to-date.

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The following are a few examples that are representative of the technology updates contained in the 2015 Codes:

2015 International Building Code – The most significant change in the 2015 International Building Code is that Chapter 34 Existing Structures was deleted from the IBC by the International Code Council (ICC) and was replaced with a separate code, the 2015 International Existing Building Code (IEBC). The adoption of the 2015 International Existing Building Code (IEBC) is part of the adopting ordinance under consideration.

2015 International Residential Code – most new homes constructed will now require a minimum of ½” gypsum wallboard to the underside of all floors. This is mainly due to the fact that many new homes have floor structures constructed from open-web truss style joists or I-joists. These newer type joist systems do not perform as well as solid-sawn dimensional lumber joists (2”X10” or 2”X12” typically) under fire conditions.

2015 International Existing Building Code - The IEBC is a new code for the City of Clayton. The adoption of the IEBC becomes necessary now that the IBC has removed what was Chapter 34 that addressed the applicability of the building code for construction within an existing building. The IEBC outlines three levels of construction activity and the level of code compliance required for the various levels of construction. A brief summary of impact is as follows:

Level 1 – Minor work such as replacement of wall coverings, equipment and/or fixtures. Level 1 has very minor code requirements due to the limited scope of construction.

Level 2 – The reconfiguration of a space or the addition or deletion of windows or doors. In a high-rise building, if the construction work area exceeds 50% of the floor where the alteration occurs, the work area is required to have an automatic sprinkler system installed. An exception to the sprinkler requirement is provided if sprinkler protection cannot be obtained without the installation of a new fire pump; in that case smoke detection throughout the space is accepted as an alternative method of fire protection.

Level 3 – The alteration/s exceeds 50% of the building’s total floor area. In a high-rise building, an automatic sprinkler system would be required in the construction work area/s. 2015 International Mechanical Code (IMC) - Section 507.2 was amended to add an exception that addresses the type of exhaust hood and fire protection required for domestic cooking appliances (ranges normally found in a residential dwelling unit) when installed in a non-residential environment.

2015 International Fuel Gas Code (IFGC) - Modifications to the IFGC are simply administrative amendments to the model code.

2015 International Energy Conservation Code (IECC) -Modifications to the IECC are simply administrative amendments to the model code.

2015 International Property Maintenance Code (IPMC) -The IPMC has not been updated by adoption since the 2006 edition of the IPMC. Modifications to the IECC are simply administrative amendments to the model code and carry over changes from the previous code.

In addition to the actual Codes, contained in the ordinance are amendments that are designed to take into consideration circumstances and standards which are particular to Clayton. The amendments, therefore, allow for meeting Clayton’s individual needs while assuring that the City is utilizing a nationally recognized standard for Code implementation and enforcement.

In addition to the actual Codes, contained in the ordinance are amendments that are designed to take into consideration circumstances and standards which are particular to Clayton. The amendments, therefore, allow for meeting Clayton’s individual needs while assuring that the City is utilizing a nationally recognized standard for Code implementation and enforcement.

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Other amendments contained in the ordinance are those that have simply been transferred from the previously adopted Codes and will continue to be enforced in the same manner.

The subject codes and amendments are required to be available for public review and comment for 90 days prior to their adoption. The Codes have been available in the City Clerk’s Office since June, 2015. The Board conducted the first reading of the ordinance on June 23, 2015 and the required public review period (90 days) has been completed, therefore, the codes may be lawfully adopted.

During the time between the first reading and the second reading, staff conducted two public information meetings, the first on July 23, and the second on August, 27. At these meetings, the Fire Department staff and Building staff gave a presentation regarding the proposed changes and answered questions. A number of other communication tools were developed in development in order to effectively notify and engage the public of the proposed changes to the City of Clayton’s adopted codes, including a web page, mailings and emails. Attached to this report is a separate document, summarizing the public meetings.

Recommendation is to approve the ordinance adopting the 2015 International Building, Mechanical, Plumbing, Residential, Energy Conservation and Fuel Gas Codes (with amendments), and the Existing Building Code (with amendments) pursuant to the attached ordinance, with an effective date of January 1, 2016.

AN ORDINANCE TO CONSIDER ADOPTING THE 2015 INTERNATIONAL FIRE CODE, WITH AMENDMENTS (SECOND READING)

City Manager Owens reported that the Clayton Fire Department has traditionally been a leader in fire prevention activities, including the adoption and enforcement of up-to-date fire prevention codes. The Board of Aldermen adopted the current Fire Code, the 2009 International Fire Code in 2010. While there are few changes over the current Fire Code, the proposed Code incorporates updated reference standards and fire protection requirements to remain consistent with the City’s proposed Building Codes.

Assistant Chief/Fire Marshal Mercurio has reviewed the 2015 International Fire Code. Local amendments needed to meet the specific needs and requirements of Clayton were identified and are included in this Ordinance. Amendments to the proposed Code were minimal and covered local concerns and administrative issues.

The only change from first reading to second reading is in Section 503.2, where authority has been modified to return it to the model ordinance as it pertains to modifications to fire lanes. Because it returns the language to the model code no reference is made to it in the ordinance which only lists exceptions to the model. Staff recommends that the ordinance be read and approved for second reading and final adoption

AN ORDINANCE TO CONSIDER ADOPTING THE 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE (IPMC) WITH AMENDMENTS (SECOND READING)

City Manager Owens reported that at its July 14, 2015 meeting, the Board of Aldermen unanimously approved the first reading of an ordinance to adopt the 2015 International Property Maintenance Code, with Amendments.

Since that time the City held two public information meetings on July 23 and August 27. At these meetings, the Fire Department staff and Building staff gave a brief presentation regarding the proposed changes and answered any questions/concerns from the public. No additional changes have been made to the ordinance.