The International Codes are designed and
promulgated to be adopted by reference by ordinance. Jurisdictions wishing to
adopt the 2009 International Building Code as an enforceable
regulation governing structures and premises should ensure that certain factual
information is included in the adopting ordinance at the time adoption is being
considered by the appropriate governmental body. The following sample adoption
ordinance addresses several key elements of a code adoption ordinance,
including the information required for insertion into the code text.
SAMPLE ORDINANCE FOR ADOPTION OF THE INTERNATIONAL BUILDING
CODE ORDINANCE NO.________
An ordinance of the [JURISDICTION] adopting the 2009
edition of the International Building Code, 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 [JURISDICTION]; providing for the
issuance of permits and collection of fees therefor; repealing Ordinance No.
______ of the [JURISDICTION] and all other ordinances and parts of
the ordinances in conflict therewith.
The [GOVERNING BODY] of the
[JURISDICTION] does ordain as follows:
Section 1. That a certain document, three (3)
copies of which are on file in the office of the [TITLE OF JURISDICTION'S
KEEPER OF RECORDS] of [NAME OF JURISDICTION], being marked
and designated as the International Building Code, 2009
edition, including Appendix Chapters [FILL IN THE APPENDIX CHAPTERS BEING
ADOPTED] (see International Building Code Section
101.2.1, 2009 edition), as published by the International Code Council, be and
is hereby adopted as the Building Code of the [JURISDICTION], in
the State of [STATE NAME] for 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 as herein provided; providing for the issuance of permits and
collection of fees therefor; and each and all of the regulations, provisions,
penalties, conditions and terms of said Building Code on file in the office of
the [JURISDICTION] are hereby referred to, adopted, and made a
part hereof, as if fully set out in this ordinance, with the additions,
insertions, deletions and changes, if any, prescribed in Section 2 of this
ordinance.
Section 2. The following
sections are hereby revised:
Section 101.1.
Insert: [NAME OF JURISDICTION]
Section 1612.3. Insert: [NAME OF
JURISDICTION]
Section
1612.3. Insert: [DATE OF ISSUANCE]
Section 3412.2. Insert: [DATE IN ONE
LOCATION]
Section
3. That Ordinance No. ______ of [JURISDICTION]
entitled [FILL IN HERE THE COMPLETE TITLE OF THE ORDINANCE OR ORDINANCES
IN EFFECT AT THE PRESENT TIME SO THAT THEY WILL BE REPEALED BY DEFINITE
MENTION] and all other ordinances or parts of ordinances in conflict
herewith are hereby repealed.
Section
4. 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
[GOVERNING BODY] hereby declares that it would have passed this
ordinance, and each section, subsection, clause or phrase thereof, irrespective
of the fact that any one or more sections, subsections, sentences, clauses and
phrases be declared unconstitutional.
Section
5. That nothing in this ordinance or in the Building Code 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 as
cited in Section 3 of this ordinance; nor shall any just or legal right or
remedy of any character be lost, impaired or affected by this ordinance.
Section 6. That the
[JURISDICTION'S KEEPER OF RECORDS] is hereby ordered and directed
to cause this ordinance to be published. (An additional provision may be
required to direct the number of times the ordinance is to be published and to
specify that it is to be in a newspaper in general circulation. Posting may
also be required.)
Section 7. That
this ordinance and the rules, regulations, provisions, requirements, orders and
matters established and adopted hereby shall take effect and be in full force
and effect [TIME PERIOD] from and after the date of its final
passage and adoption.