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A Board of Appeals is hereby created. The Council shall approve Mayoral appointment of a Board of Appeals consisting of five members who are qualified by experience and training to pass upon matters pertaining to building construction.
(Code of Iowa, Sec. 103A.13; IAC 630-5.3[5])
1. Term. Board members are appointed for staggered terms of five (5) years. Any vacancy shall be filled for the unexpired portion of the term.
2. Compensation. All members shall serve without compensation.
3. Secretary. The Board shall appoint a person to serve as the Secretary of the Board. In the absence of the Secretary, the Chairperson may appoint another to serve for the meeting. The Secretary shall keep minutes of proceedings; showing the vote of each member upon question, or if absent or failing to vote, indicating such fact and shall keep records of any official actions, all of which shall be filed in the office of the Clerk.
4. Chairperson and Meetings. The Board shall annually elect a Chairperson at the first meeting on or after January 1 of each year. The Board shall have the power to call on any City department for assistance in the performance of its duties and it shall be the duty of each department to render such assistance.
5. Quorum. The presence of three (3) members shall be necessary for a quorum and the concurring vote of three members of the Board shall be necessary on all matters upon which it is required to consider. The Chairperson or acting Chairperson is a voting member of the Board.
6. Rules and Regulations. The Board shall adopt, from time to time, subject to the approval of the Council, such rules and regulations as it may deem necessary to carry into effect the provisions of this chapter.
7. Appeals. Appeals to the Board may be taken by any person aggrieved, or by any officer, department or board of the City affected by any decision of the Building Official. Such appeal shall be taken within a reasonable time as provided by the rules of the Board by filing with the Building Official written notice of appeal specifying the grounds thereof. The Building Official shall transmit to the Board all papers constituting the record upon which the action appealed from is taken. All decisions of the Board relating to alternate materials and methods must be forwarded to the State Building Code Commissioner for review and may be denied by the commissioner.
8. Effect of Appeal. An appeal stays all proceedings in furtherance of the action appealed from, unless the Building Official certifies to the Board that a stay would, in the opinion of the Building Official, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record on application or notice to the officer from whom appeal was taken on due cause shown.
9. Powers. The Board shall have the power to hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Building Official in the enforcement of State law or any ordinance adopted pursuant thereto. The Board shall have the power to review requests for use of alternate materials and methods of construction as prescribed in Section 103A.13 of the Code of Iowa. Persons submitting such request shall provide sufficient evidence or proof to substantiate any claim that may be made regarding alternate use. If the Board approves such request, the action shall be submitted to the State Building Code Commissioner for approval. The approval of the Board is not effective until approved by the State Building Code Commissioner in writing.
10. Initiation of an Appeal. An application by an aggrieved person for an appeal shall be filed with the Building Official. The application shall be accompanied by adequate drawings and other descriptive materials constituting a record essential to understanding the appeal requested. The application shall also be accompanied by a fee of twenty-five dollars ($25.00) payable to the General Fund of the City.
11. Notice of Meeting. Notice of the time and place of the Board’s meeting and of the purpose shall be given by the Building Official not less than twenty-four (24) hours prior to the meeting.
Permits shall be required as follows:
(Code of Iowa, Sec. 103A.19[6])
1. New Construction. No person shall erect or construct a new building or structure in the City, or cause the same to be done, without first obtaining a separate building permit for each such building or structure from the Building Official.
2. Existing Structures. No person shall enlarge, alter, move, improve, remove, convert, or demolish any existing building or structure in the City, or cause the same to be done, without first obtaining a separate building permit for each such building or structure from the Building Official provided that the proposed work exceeds one thousand dollars ($1,000.00) in value.
3. Mechanical – New Construction. No person shall install, alter, reconstruct or repair any heating, ventilating, cooling, or refrigeration equipment within or on a new building or structure unless a permit therefor has been obtained from the Building Official except as otherwise provided in this chapter. A permit shall not be required for the following:
A. Any portable heating appliance.
B. Any portable ventilating equipment.
C. Any portable cooling unit.
D. Any steam, hot, or chilled water piping within any heating or cooling equipment regulated by this chapter.
E. Replacement of any component part or assembly of an appliance which does not alter its original approval and complies with other applicable requirements of this chapter.
F. Any portable evaporative cooler.
G. Any refrigerating equipment which is a part of the equipment for which a permit has been issued pursuant to the requirements of this chapter.
H. Any unit refrigerating system.
4. Mechanical – Existing Structures. No person shall install, alter, reconstruct or repair any heating, ventilating, cooling, or refrigeration equipment within or on an existing building or structure unless a permit therefor has been obtained from the Building Official, provided that the proposed mechanical work exceeds one thousand dollars ($1,000.00) in value or in the case of issuance of mechanical and plumbing permits for the building or structure that the combination of mechanical and plumbing work exceeds one thousand dollars ($1,000.00) in value.
5. Plumbing – New Construction. No person shall install any plumbing or drainage system or part thereof as defined in the Plumbing Code adopted by this chapter within or on a new building or structure unless a permit therefor has been obtained from the Building Official.
6. Plumbing – Existing Structures. No person shall install, alter or reconstruct any plumbing or drainage system or part thereof as defined in the Plumbing Code adopted by this chapter within or on an existing building or structure unless a permit therefor has been obtained from the Building Official provided that the proposed plumbing work exceeds one thousand dollars ($1,000.00) in value, or, in the case of issuance of plumbing and mechanical permits for the same building or structure, that the combination of plumbing and mechanical work exceeds $1,000.00 in value.
7. Electrical – New Construction. No person shall install any electrical conductor or equipment subject to the provisions of the Electrical Code adopted by this chapter within or on a new building or structure unless a permit therefor has been obtained from the Building Official.
8. Electrical – Existing Structures. No person shall install, alter, reconstruct or repair any electrical conductor or equipment subject to the provisions of the Electrical Code adopted by this chapter within or on any existing building or structure unless a permit therefor has been obtained from the Building Official, provided that the electrical work exceeds five hundred dollars ($500.00) in value.
In emergency situations, work may be initiated without first submitting a permit .application and receiving a permit therefor. However, a permit application must be submitted within a reasonable time after the passage of the critical period. With this one exception, all emergency work must be done in accordance with this chapter.
Application for permit shall be made as follows:
1. Building Permit. To obtain a building permit the applicant shall first file an application therefor in writing on a form furnished for that purpose. Every such application shall:
A. Identify and describe the work to be covered by the permit for which application is made;
B. Describe the land on which the proposed work is to be done, by lot, block, tract, and house and street address, or similar description that will readily identify and definitely locate the proposed building or work;
C. Indicate the use or occupancy for which the proposed work is intended;
D. Be accompanied by plans and specifications a required in Section 155.11 of this chapter;
E. State the valuation of the proposed work;
F. Be signed by the permittee or an authorized agent who may be required to submit evidence to indicate such authority;
G. Give such other information as reasonably may be required by the Building Official.
2. Mechanical Permit. To obtain a mechanical permit, the applicant shall file an application on forms furnished for that purpose. The application shall contain all information necessary to the lawful enforcement of the provisions of this chapter.
3. Plumbing Permit. To obtain a plumbing permit, the applicant shall file an application on forms furnished for that purpose. The application shall contain all information necessary to the lawful enforcement of the provisions of this chapter.
4. Electrical Permit. To obtain an electrical permit, the applicant shall first file an application therefor in writing on a form provided for that purpose. The application shall include the name and business address of the person that is to do the work, a description of the property where the work is to be done, the name of the owner of the property, the name of the occupant, and a general description of the materials to be used, and shall specify the particular part or parts of the work that must be inspected as required by this chapter.
The applicant for any permits under this chapter, by making such application, assumes and agrees to pay for all loss or damage to property whatsoever, and injury to or death to any person or persons whomsoever, including all cost and expenses incident thereto, however arising from or in connection with or related to the issuance of such permit or the doing of anything thereunder or the failure of such applicant, or the agents, employees or servants of such applicant, to abide by or comply with any of the provisions of this Code of Ordinances, or and such applicant, by making such application, forever indemnifies the City and agrees to save it harmless from any and all claims, demands, lawsuits or liability whatsoever for any loss, damage, injury or death, costs and expenses, by reason of the foregoing even though acts or omissions of the City may have caused or contributed thereto. The foregoing provisions shall be deemed to be a part of any permit issued under this chapter whether expressly recited therein or not.
With each application for a building permit, and when required by the Building Official for enforcement of any provisions of this chapter, two (2) sets of plans and specifications shall be submitted, the Building Official may require such plans and specifications to be prepared and designed by an engineer or architect licensed by the State to practice as such. Plans and specifications when required shall be of sufficient detail and clarity to show that the proposed work will conform to the provisions of this chapter and of all applicable laws, ordinances, rules, regulations and orders. The Building Official may waive the filing of plans and specifications with an application for the following:
1. One-story buildings of conventional wood-stud construction with an area not exceeding six hundred (600) square feet.
2. Private garages, carports, sheds, and agricultural buildings of conventional wood-stud construction.
3. Small and unimportant work.
If checked and the plans and specifications, as filed, appear to conform to the requirements of this chapter and other laws and ordinances, the Building Official may endorse in writing or stamp on all sets of plans and specifications, “APPROVED.” Plans and specifications shall not be changed, modified, or altered without authorization from the Building Official, and all work shall be done in accordance with the approved plans.
(Code of Iowa, Sec. 103A.19[1])
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