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0275 Conditional Occupancy Permit 1985CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 275 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, PROVIDING FOR A TEMPORARY AND SHORT-TERM CHANGE IN THE OCCUPANCY CLASSIFICATIONS OF CERTAIN STRUCTURES WITHIN THE CITY, UPON THE OWNER'S SHOWING THAT ALTERNATIVE STEPS HAVE BEEN TAKEN TO MINIMIZE HAZARD TO THE PUBLIC; PROVIDING THAT THE TERMS OF THIS ORDINANCE SHALL CONSTITUTE MODIFICATIONS TO THE UNIFORM BUILDING CODE AND THE UNIFORM FIRE CODE HERETOFORE ADOPTED BY THE CITY OF CHUBBUCK; REQUIRING THE ISSUANCE OF A CONDITIONAL OCCUPANCY PERMIT BY THE CITY COUNCIL AND THE MAYOR; PROVIDING FOR PRIOR INVESTIGATION AND SUBSEQUENT ENFORCEMENT OF THE CONDITIONAL OCCUPANCY PERMIT BY THE CITY'S BUILDING OFFICIAL; ESTABLISHING THE MAXIMUM OCCUPANCY ALLOWED PURSUANT TO THIS ORDINANCE; ESTABLISHING MINIMUM FACILITY REQUIREMENTS WHICH MUST BE SATISFIED PRIOR TO THE ISSUANCE OF A CONDITIONAL OCCUPANCY PERMIT; LIMITING THE USES TO WHICH A FACILITY MAY BE PUT UNDER A CONDITIONAL OCCUPANCY PERMIT; REQUIRING THAT ADDITIONAL FIRE AND POLICE PERSONNEL BE ASSIGNED ON THE PREMISES DURING THE PERIOD COVERED BY THE CONDITIONAL OCCUPANCY PERMIT; PROVIDING THAT IT SHALL BE A MISDEMEANOR FOR ANY PERSON TO VIOLATE THE TERMS OF THIS ORDINANCE, THE TERMS OF THE CONDITIONAL OCCUPANCY PERMIT, OR ANY ORDER ISSUED BY CITY FIRE OR POLICE PERSONNEL; REPEALING ALL CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: SECTION 1: Conditional Occupancy Permit. The City Council is hereby authorized to issue conditional occupancy permits, under the terms and conditions of this Ordinance, whereby buildings or parts of buildings classed as a group B-2 Occupancy under the Uniform Building Code shall, for a period not to exceed 24 hours, be regarded as an A-i, A-2, A-2.1, or A-3 occupancy. Upon the issuance of a conditional occupancy permit, the provisions of this Ordinance shall prevail over the terms and provisions of the Ordinance - Page 1 jm 4J-34 Uniform Building Code and Uniform Fire Code, as applied to said building or parts of buildings. SECTION 2: Definitions. As used in this Ordinance, all terms defined in the Uniform Building Code or Uniform Building Code shall have the meanings assigned to them by said codes. SECTION 3: Procedure for Issuance of Conditional Occupancy Permit. The owner or occupant of a building or part of a building desiring to obtain a conditional occupancy permit (hereinafter referred to as the "applicant" or "owner") shall make application therefor on a form provided by the City Clerk. Following the submission of the owner's application, the same shall be submitted to the City's Building Official for investigation of the proposed conditional occupancy permit. Said investigation shall be completed within two (2) weeks following the submission of the application. At the next City Council meeting, the application along with the results of the Building Official's investigation and his recommendation shall be considered by the City Council. No conditional occupancy permit shall be granted, until and unless the City Council determines that, based upon (1) the recommendation of the Building Official, (2) the requirements of this Ordinance, and (3) such additional requirements as may be imposed by the City Council, the proposed change in occupancy classification will not create a hazard to the public. Upon such determination, the City Council shall direct the City's building official to issue the conditional occupancy permit upon the Ordinance - Page 2 jm 4J-34 building official's determination that the applicant has complied with all conditions imposed by the this Ordinance and such other conditions as the Building Official may recommend and the City Council may impose as a condition to the issuance of the conditional occupancy permit. SECTION 4: Determination of Occupancy Load. Following the issuance of the conditional occupancy permit, the City's building official shall make a determination as to the maximum occupancy load permitted for the applicant's structure, which determination shall be made in accordance with the provisions of this ordinance. The occupancy load for the applicant's structure shall be limited to the lesser of one occupant per ten square feet of open space or one hundred occupants per linear foot of exit doors. For purposes of determining the permitted occupancy load, areas more than one hundred twenty-five (125) feet from a Main Exit shall not be included in determining the permitted occupancy load. SECTION 5: Minimum Facility Requirements. In addition to such other and additional requirements which the City's Building Official may recommend or the City Council may impose, the following minimum facility requirements shall be satisfied prior to the issuance of a conditional occupancy permit. (a) All areas within the structure which are accessible to the public shall have exits in two directions except for hallways and/or corridors not exceeding forty feet in length and with a width of not less than forty feet. Ordinance - Page 3 jm 4J-34 (b) Ail areas of the structure shall be protected by automatic fire suppression systems. (c) All areas open to the public shall be located on one floor with an exit at ground level. (d) An automatic alarm system shall be installed on the premises which is capable of being clearly heard in all areas open to the public. (e) The facility shall have a central public address system which can be clearly heard in all areas open to the public and which shall have an operator at all times when any area of the structure is open to the public. (e) "No Smoking" signs shall be installed throughout any part of the structure which is open to the public and (1) shall be placed no more than 100 feet apart, (2) shall be placed at each exit and entrance, and (3) shall be printed with contrasting colors and with letters at least 4 inches in height. SECTION 6: Limitations on Use of Structure. Upon issuance of the conditional occupancy permit, the structure may be used for any lawful purpose, subject to the following restrictions: (a) There shall be no open flame heating or warming of food or drink, except in areas which are allowed to prepare foods under existing laws, ordinances, and regulations of the City of Chubbuck and the State of Idaho and which are operated by persons holding a valid City business license for such operations. Ordinance - Page 4 jm 4J-34 (b) The smoking of tobacco or other products by any person inside of the structure shall be prohibited and said prohibition shall be strictly enforced. (c) No combustible or flammable solids, liquids, or gases shall be allowed anywhere in the premises. (d) No alcoholic beverages shall be served or allowed anywhere on the premises. (e) All electrical connections for appliances operated during the period of time covered by the conditional occupancy permit shall be inspected and approved in advance by the City Building Official, and shall be subject to on-going inspection while the conditional occupancy permit is in effect. SECTION 7: Employment of Emergency Personnel. During any period of time that a conditional occupancy permit is in effect and the occupancy of the premises exceeds that which would have been allowed but for the provisions of this ordinance, the city shall, subject to reimbursement by the owner as hereinafter set forth, provide police and fire protection personnel, as follows: (a) Fire protection personnel. 1. One member of the Chubbuck Volunteer Fire Department (hereinafter "fireman") shall be stationed at each major exit, which is defined for purposes of this section as being any exit forty eight inches (48") or more in width. 2. One fireman shall be required per three (3) minor exits. Ordinance - Page 5 jm 4J-34 3. Regardless of the number of major and minor exits, at least two (2) firemen shall be on the premises at all times. 4. All firemen assigned to the premises shall be in uniform and carry two way radios. 5. The Fire Chief of the Chubbuck Fire Department shall designate or appoint a command officer from among those firemen assigned to the premises. Said command officer shall have exclusive control of the firemen on the premises and shall be responsible for the supervision, positioning, and direction of the firemen. (b) Police personnel. 1. At least one member of the Chubbuck Police Department (hereinafter "policeman") shall be stationed on the premises for each 1500 occupants. 2. Regardless of the number of occupants, at least two policemen shall be on the premises at all times. 3. All policemen assigned to the premises shall be in uniform and carry two way radios. 4. The Chief of Police of the Chubbuck Police Department shall appoint a command officer from among those policemen assigned to the premises. Said command officer shall have exclusive control of the policement on the premises and shall be responsible for the supervision, positioning, and direction of the policemen. Ordinance - Page 6 jm 4J-34 (c) The city personnel assigned to the premises pursuant to this section shall be and hereby are authorized to issue such other directives or orders, during the time that the permit is in effect, as may be reasonably necessary to ensure that the increased occupancy loads permitted by this ordinance do not create a hazard to the public. (d) Additional personnel may be required by the Fire Chief and Chief of Police by so notifying the owner of the premises in advance of the effective date of the conditional occupancy permit. (e) The wages of all policemen and firemen assigned to the premises shall be paid by the city at the regular hourly or overtime rates then applicable. The owner shall reimburse the City for the cost of such wages, including any reasonable additional charges which the city may impose to cover administrative expense. The amount of such reimbursement shall be stated on the conditional occupancy permit and shall be paid to the city twenty four (24) hours in advance of the effective date of the conditional occupancy permit. (f) In the event the number of available city police or fire personnel are not sufficient to satisfy the requirements of this section, the City Council may revoke or refuse to issue the requested conditional occupancy permit. SECTION 8: Enforcement. (a) In the event an owner fails to comply with (1) the terms of this ordinance (2) the terms of the conditional occupancy Ordinance - Page 7 jm 4J-34 permit, following the issuance thereof, or (3) the directives or orders issued by city personnel pursuant to their authority under this Ordinance, The Chief of Police, the Fire Chief or their designees shall be entitled to immediately revoke the conditional occupancy permit without further notice or hearing. In the event the conditional occupancy permit is revoked pursuance to this Section, the Chief of Police, the Fire Chief or their designee shall be and is authorized to order and direct that the premises be vacated to such an extent as may be necessary to comply witht he occupancy loads permitted by the Uniform Building Code and Uniform Fire Code. (b) It shall be a misdemeanor, punishable by incarceration not to exceed six (6) months and a fine not to exceed five hundred dollars ($500), for any person to violate any of the terms and provisions of this ordinance, the terms of the conditional occupancy permit, or the directives and orders issud by city personnel pursuant to their authority under this Ordinance. Without limiting the foregoing, it shall be a misdemeanor punishable in the manner set forth above, for any person to serve, use or consume alcoholic beverages or smoke any tobacco products or other materials on the premises after having been advised that such conduct is prohibited while the conditional occupancy permit is in effect. Ordinance - Page 8 jm 4J-34 SECTION 9: Repeal of Conflicting Ordinances. Any ordinances which may conflict with the terms of this ordinace are hereby repealed to the extent of such conflict. SECTION 10: Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 10th day of December , 1985. ATTEST: CITY CLERK Ordinance - Page 9 jm 4J-34