Ordinance #02-550-001

BUILDING ORDINANCE

Ordinance #02-550-001

Article I. Purpose; Findings

1.01. Purpose. The purpose of this Ordinance is to govern all aspects of building and remodeling

residential and non-residential structures under the jurisdiction of the Little River Band of

Ottawa Indians to safeguard life or limb, health and public welfare.

1.02. Findings. The Tribal Council, in adopting this Ordinance, makes the following findings:

a. The Tribal Council has the inherent authority and responsibility to enact ordinances to

promote, protect and provide for public health, peace, morals, education and general

welfare of the Little River Band and its members;

b. The development and adoption of building codes that protect against inferior and

dangerous construction and remodeling practices in regards to residential and nonresidential construction is in the best interests of both the Tribe and the membership; and

c. The development of a consolidated and consistent building code will enhance the quality

of residential and non-residential building on Tribal lands.

Article II. Adoption; Amendment; Repeal; Severability

2.01. Adoption. This ordinance is adopted by resolution #02-0529-04.

a. Adoption of amendments by Resolution # 18-0314-088, to retitle the Ordinance

and in order to include non-residential buildings as well as update standards for

buildings on Tribal lands.

b. Adopting of amendments by Resolution #20-0205-041, to clarify permit process by

adding definition of ordinary repairs, to allow for approved vendors for inspections,

and to fix formatting. .

2.02. Amendment. This Ordinance may be amended by the Tribal Council in accordance with

the Constitution and any rules set forth governing amendment of the laws of the Little River

Band of Ottawa Indians.

2.03. Repeal. This Ordinance may be repealed in accordance with the procedures set forth in the

Administrative Procedures Act, Ordinance #04-100-07.

Building Ordinance

Ordinance #02-550-01

Adopted — May 29, 2002

Amended — February 5, 2020

Resolution #20-0205-041

2.04.

Severability Clause. If any provision of this Ordinance or its application to any person or

circumstance is held invalid, the invalidity does not affect other provisions or applications

of this Ordinance which can be given effect without the invalid provision or application,

and to this end the provisions of this Ordinance are severable.

Article II. Jurisdiction

3.01.

General. This Ordinance shall apply to all persons (including natural persons,

corporations, limited liability companies, partnerships, unincorporated associations and all

other legal entities) who carry out or engage in work regulated by this Ordinance on “Tribal

land” as defined in Section 4.15 or “Tribal-member fee land” as defined in Section 4.16.

Article TV. Definitions

4.01.

4.02.

4.03.

4.04.

4.05.

4.06.

4.07.

4.08.

General. For purposes of this Ordinance, certain terms are defined in this Section. The

word “shall” is always mandatory and not merely advisory.

Applicant. The person, or his/her designee, who is responsible for submitting an

application for a Building Permit, and who is responsible for carrying out the requirements

of this Ordinance or other implemented regulations.

Building. Any structure, either temporary or permanent, having a roof and used or built

for shelter or enclosure of persons or property of any kind.

Building Official. The individual, within the Tribe’s Planning Department, charged with

the administration and enforcement of this Ordinance, or other duly authorized

representative of that Department.

Building Inspector. The individual employed or retained by the Tribe to perform building,

construction or land development inspections as set out in this Ordinance.

Building Permit. A document issued by the Building Official pursuant to the provisions of

this Ordinance that allows the Applicant to build, construct, renovate or remove structures

on Tribal Land.

Certificate of Occupancy. The form issued by the Building Official that certifies that no

violations of the provisions in this Ordinance, implementing regulations, or other

applicable policies have been found. The form also certifies that the building may be used

and occupied as intended by the application for a Building Permit.

International Building Code. The International Building Code (IBC) is a model building

code developed by the International Code Council (ICC). It applies to all commercial and

non-residential building structures. A new edition of the International Building Code (IBC)

2

Building Ordinance

Ordinance #02-550-01

Adopted — May 29, 2002

Amended — February 5, 2020

Resolution #20-0205-041

4.09.

4.10.

4.11.

4.12.

4.13.

4.14.

4.15.

is promulgated every three years, with the most recent (2015) edition coinciding with the

initial approval of this Ordinance. It is the intention of this Ordinance to incorporate and

use the latest published version of the International Building Code (IBC) that is published

and adopted for use by the State of Michigan.

International Residential Code. The International Residential Code (IRC) is also a model

building code developed by the International Code Council (ICC). Its use applies to singlefamily houses, two-family houses (duplexes) and townhouses not more than three stories

above grade plane in height. Like the International Building Code, a new edition of the

International Residential Code (IRC) is promulgated every three years, with the most recent

(2015) edition coinciding with the initial approval of this Ordinance. It is the intention of

the Ordinance to incorporate and use the latest published version of the International

Residential Code (IRC) that is published and adopted for use by the State of Michigan.

Michigan Building Code. The versions of the International Building Code published and

adopted for use within the State of Michigan, as amended in the future.

Michigan Building Code and Michigan Residential Code Definitions. The definitions

contained in Chapter 2 of the latest released versions of the Michigan Building Code and

the Michigan Residential Code are incorporated and included in this ordinance to the extent

that definitions in this Ordinance do not cause conflict.

Michigan Residential Code. The versions of the International Residential Code published

and adopted for use within the State of Michigan, as amended in the future.

Ordinary Repairs. Ordinary Repairs shall not include:

a. Removal or change of any required means of egress, or rearrangement of parts of a

structure affecting the exit requirements;

b. Any change that would impact the travel distance or the time necessary for exiting

an area;

c. Any change to the fire suppression system; or

d. Any construction that exceeds a total of two hundred (200) square feet.

Tribal Council. The elected body identified in Article IV of the Constitution of the Little

River Band of Ottawa Indians.

Tribal Land. For purposes of this Ordinance, Tribal Land is defined as land either owned

in fee by the Tribe or held by the United States in trust for the benefit of the Tribe or a

Tribal member.

3

Building Ordinance

Ordinance #02-550-01

Adopted ~— May 29, 2002

Amended — February 5, 2020

Resolution #20-0205-041

4.16.

4.17.

Tribal Member Fee Land. For purposes of this Ordinance, Tribal Member Fee Land is

defined as any parcel of land located within the Tribe’s territory, as defined in Article I,

Section I of the Little River Band of Ottawa Indians Constitution, which is owned “fee

simple” by any LRBOI Tribal Member.

Tribe. Tribe shall mean The Little River Band of Ottawa Indians.

Article V. Commercial and Non-residential Construction/Remodeling

(Exclusions/Exceptions)

5.01.

5.02.

5.03.

General. Commercial and non-residential construction shall be governed by the Michigan

Building Codes, as amended. The Michigan Building Codes shall apply to the

construction, alteration, movement, enlargement, replacement, repair, equipment, use and

occupancy, location, maintenance, removal and demolition of every building or structure

or any appurtenances connected or attached to such buildings or structures.

Exclusions from Michigan Building Codes. Little River Band of Ottawa Indians adopts the

Michigan Codes as Tribal law with the exception that all questions of jurisdiction and

agency authority are replaced by the Little River Band of Ottawa Indians and the bodies

described in this Ordinance. This includes but is not limited to references to:

a. Michigan Department of Building Safety-referred to as “building official” in

Michigan’s Building Codes; and

b. Board of Appeals for Department of Building Safety.

Residential Construction Exception. Commercial and non-residential

construction/remodeling shall not apply Michigan Building Code standards designed to

address one-family dwellings, two-family dwellings and multiple-family dwellings

(townhouses) not more than three stories in height with separate means of egress and their

accessory structures. See Section 6 for projects involving Residential Building

Construction/Remodeling.

Article VI. Residential Building Construction/Remodeling

6.01.

General. Residential building construction and remodeling shall be governed by the latest

published version of the Michigan Residential Code (MRC) as defined in Section 4.12 of

this Ordinance. The Michigan Residential Code shall apply to the design, construction,

quality of materials, erection, installation, alteration, repair, location, relocation,

replacement, addition to, use or maintenance of single-family houses, two-family houses

(duplexes) and townhouses not more than three stories above grade plane in height.

4

Building Ordinance

Ordinance #02-550-01

Adopted — May 29, 2002

Amended — February 5, 2020

Resolution #20-0205-041

6.02.

Exclusions from Michigan Residential Code. Little River Band of Ottawa Indians adopts

the Michigan Codes as Tribal law with the exception that all questions of jurisdiction and

agency authority are replaced by the Little River Band of Ottawa Indians and the bodies

described in this Ordinance. This includes but is not limited to references to:

a. Michigan Department of Building Safety-referred to as “building official” in

Michigan’s Building Codes; and

b. Board of Appeals for Department of Building Safety.

Article VIL. Applicability of other Building Codes

7.01.

General. To the extent that the Michigan Building Code and the Michigan Residential

Code rely on other building codes, the latest publication of the following codes are hereby

adopted and incorporated into this Ordinance.

a. International Plumbing Code. The International Plumbing Code (IPC), published

by the International Code Council (ICC), shall apply to the erection, installation,

alternation, repair, replacement, relocation, addition to, use or maintenance of

plumbing systems.

b. International Mechanical Code. The International Mechanical Code (IMC),

published by the International Code Council (ICC), shall apply to the design,

construction, quality of materials, erection, installation, alteration, repair, location,

replacement, relocation, addition to, use or maintenance of mechanical systems.

c. National Electric Code. The National Electric Code (NEC), published by the

National Fire Prevention Association, shall apply to all electric work, including the

installation of electrical wiring and equipment.

d. International Energy Conservation Code. The International Energy Conservation

Code (IEEC), published by the International Code Council (ICC), shall regulate the

control of energy efficiency of heating and air conditioning in newly constructed

buildings.

Article VIII. Role of Planning Department; Building Official; Regulations

8.01. Planning Department. The Planning Department shall be designated with the authority

and responsibility to determine if permits are required, to issue permits or licenses and to

approve design plans as set forth in this ordinance. Such actions shall be carried out by the

Building Official who shall be an employee located within the Planning Department.

5

Building Ordinance

Ordinance #02-550-01

Adopted — May 29, 2002

Amended — February 5, 2020

Resolution #20-0205-041

8.02.

Regulations. The Planning Department will promulgate regulations to implement this

Ordinance, including any necessary application forms, permits and certificates. Any newly

created or amended regulations must be approved by the Tribal Council prior to

implementation.

Article IX. Building Permit Process; Permit Application and Plan Review; Applicable Fees

9.01.

9.02.

9.03.

9.04.

9.05.

9.06.

9.07.

Building Permit Required. A Building Permit, as defined in this Ordinance, Section 4.06,

is required for any Applicant to construct, enlarge, alter, repair, move, demolish or change

the occupancy of a building or structure.

Exceptions. Building Permits are not required for ordinary repairs. The Building Official

may approve exceptions to permit requirements on a case by case basis. A drawing or

sketch of proposed changed may be submitted for review to determine if a building permit

is necessary.

Permit Application and Plan Review. An Applicant seeking a Building Permit as

prescribed by this Ordinance, must submit a building permit application along with design

plans/construction documents that include drawings for all work that is to be done. The

number of design plans/construction documents required for the review will be determined

by the Planning Department and will be specified in the regulations (Section 8.02) and the

Building Permit application. The Planning Department shall review all applications for

completeness and accuracy.

Fees. The Planning Department shall establish a fee schedule for the permit application

review and the plan review, which will be included as part of the regulations identified in

Section 8.02. Provided that all applicable application and plan review fees are paid, once

approved, there will be no additional cost for issuing the Building Permit.

Waiver of Fees for Tribal Members. Any Little River Band of Ottawa Indians Member

building their own home on Tribal Land or Tribal Member Fee Land, as defined in Section

4 of this Ordinance, will not be required to pay fees for the permit application review and

the plan review. In those circumstances, the Building Official is authorized by this

Ordinance to approve a waiver of these fees.

Building Permit Issued. Once all requirements are met and applicable fees are paid, the

Building Permit will be issued by the Building Official.

Permit Posting Requirement. The Applicant shall post the Building Permit issued pursuant

to this Ordinance at a conspicuous location on the development or construction site. The

permit shall remain posted until a final inspection has been completed and a Certificate of

Occupancy is issued by the Building Official.

6

Building Ordinance

Ordinance #02-550-01

Adopted — May 29, 2002

Amended — February 5, 2020

Resolution #20-0205-041

Article X. Building Inspections; Applicable Fees

10.01.

10.02.

10.03.

10.04.

10.05.

10.06.

Building Inspections Required. When the Applicant receives a Building Permit under this

Ordinance, he/she gives consent for reasonable periodic and final inspections to be carried

out by the Planning Department. This responsibility may be delegated to a Building

Inspector, as defined in Section 4.05. Inspections may also be accepted by from a vendor

who has been approved by the Planning Department.

Types of Building Inspections. The types and frequency of building inspections for each

construction project will be determined by the Planning Department, but should include at

a minimum the following: foundation (building) inspection, electrical inspection,

plumbing inspection and mechanical inspection. A final inspection must be successfully

completed for a Certificate of Occupancy to be issued. It is the responsibility of the

Applicant to know which inspections are required and when those inspections should be

scheduled.

Grandfathered Equipment. The Planning Department may identify equipment

grandfathered in under the Ordinance amendments that is exempt from certain inspections.

This exemption may be approved provided the equipment maintenance history is verified

by the Planning Department. The Planning Department may only grandfather equipment

in existence and use at the time of amendments and only for the life of that equipment. All

exemptions shall be requested prior to the beginning of a project and shall be at the sole

discretion of the Planning Department.

Inspection Fees. The Planning Department shall establish a fee schedule for required

inspections, which will be included as part of the regulations identified in Section 8.02.

All applicable inspection fees must be remitted to the Planning Department before a

Certificate of Occupancy will be issued.

Waiver of Fees for Tribal Members. Any Little River Band of Ottawa Indians Member

building their own home on Tribal Land or Tribal Member Fee Land, as defined in Section

4 of this Ordinance, will not be required to pay inspection fees. In those circumstances,

the Building Official is authorized by this Ordinance to approve a waiver of these fees.

Recording of Completed Inspections. It is the responsibility of the Applicant to have the

Building Inspector, or authorized representative, affix his/her signature to the posted

Building Permit after each required inspection is successfully completed. For this purpose,

the posted Building Permit will serve as the official record that all required inspections

have been successfully completed.

Building Ordinance

Ordinance #02-550-01

Adopted — May 29, 2002

Amended — February 5, 2020

Resolution #20-0205-041

Article XI. Certificate of Occupancy

11.01. Certificate of Occupancy Required. No building or structure subject to the provisions of

this Ordinance shall be used or occupied until the Building Official has issued a Certificate

of Occupancy.

11.02. Certificate of Occupancy Issued. In order for a Certificate of Occupancy to be issued, the

Applicant, or his/her designee, will notify the Building Official that all work has been done

in accordance with the requirements of the relevant Building Permit. If all conditions and

requirements are met, the Building Inspector will perform a final inspection. Upon

successful completion of the final inspection, the Certificate of Occupancy will be issued

by the Building Official.

Article XII. Appeal Process

12.01. General. All decisions made under this Ordinance or implemented regulations may be

appealed to Tribal Court. Such appeals shall be limited to appellate review.

12.02. Appellate Review, Limitations. An application for appeal shall be based on a claim that the

true intent of this Ordinance or implemented regulations have been incorrectly interpreted,

the provisions of this Ordinance or implemented regulations do not fully apply, or an

equally good or better form of construction is proposed. The Tribal Court shall have no

authority to waive the requirements of this Ordinance.

CERTIFICATION

I, Gary DiPiazza, Tribal Council Recorder, do hereby certify that this is a true and correct copy

of the Building Ordinance, Ordinance #02-550-01, adopted by Tribal Council on May 29, 2002,

and amended on February 5, 2020.

Day tbcagp

7 LA

Gary DiPiazza, Tribal Council Recorder [Seal]

Building Ordinance

Ordinance #02-550-01

Adopted — May 29, 2002

Amended — February 5, 2020

Resolution #20-0205-041