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It is the purpose of this chapter to require architects, builders, contractors, property owners, their agents, and others to meet their responsibilities with respect to proper construction, construction techniques, and premises safety, and to provide for inspection as a means of compelling compliance therewith. It is not the purpose of this chapter to create any duty on the part of the City, its officers, agents, or employees, owing to any individual member of the public or to protect any particular or circumscribed class of persons. Specifically, it is not the intent of this chapter to create any duty or liability by the City, its officers, agents, or employees, to premises occupants, owners, tenants, or any other person.
No person shall place reliance upon this chapter, any inspections performed, or certificates issued pursuant to this chapter as indicating the safety of or quality of construction of any particular premises. Neither this chapter, nor inspections made pursuant thereto, nor certificates issued are intended to assume the duty of any person to adequately construct and maintain a premises or provide a safe premises or to, in any way, indicate a decrease in the risk associated with the use or occupancy of any premises. A certification that a premise has been inspected pursuant to this chapter shall not in any way constitute a warranty or guarantee of the safety or quality of that premises.
Pursuant to published notice and public hearing, as required by law, the International Building Code, 2021 edition, and the International Residential Code, 2021edition, published by the International Code Council, Inc., are adopted in full except for such portions as may be hereinafter deleted, modified, or amended, and shall constitute the “Building Code of the City of Clive, Iowa,” to regulate the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of buildings or structures in the City, and the same are, by this reference, incorporated herein as fully and completely as if set forth in full. The use of the term “Building Code” in this chapter shall be interpreted to refer to the International Building Code, 2021 edition. The dwelling construction under the International Residential Code, 2021 edition, and appendix chapters to the International Residential Code may be utilized to determine basic guidelines or acceptable solutions to code requirements (determination to be made by the Construction Services Administrator). Furthermore, the use of the term IBC in this chapter shall be interpreted to refer to the International Building Code, 2021 edition, and the use of the term IRC shall be interpreted to refer to the International Residential Code, 2021 edition. An official copy of the International Building Code, 2021 edition, and the International Residential Code, 2021 edition, as adopted, and a certified copy of this chapter can be viewed in the Community Development Department.
The provisions of this building code shall apply to:
1. New Construction. The construction of new buildings.
A. Public or private installations as governed by the IBC or IRC.
2. Existing Buildings.
A. Additions to, alterations of, and repairs to existing buildings, if covered by this Code. The Construction Services Administrator may, when such additions, alterations, or repairs are made, order other reasonable additions or alterations in a building, structure, or on a premises when a danger to life or property may result if such other additions or alterations were not made.
B. Installations, which were in compliance with the Code in existence at the time such installations were made, shall be presumed to be safe and proper, which presumption can be rebutted by evidence that the installation may be dangerous to life or property.
C. If the classification of a building has been changed due to a change in occupancy, the entire building shall comply with all the building standards applicable to the new classification. If the occupancy of a building has been changed to a mixed occupancy, with the required fire separation between the mixed occupancy, each occupancy thereof shall comply with its own particular classification.
3. Conversion to Condominium or Multiple Housing Cooperative.
A. The conversion of any building or portion thereof to a horizontal property regime or to a multiple housing cooperative shall be treated as a change of occupancy classification for the building.
B. Any person or entity seeking to establish a horizontal property regime or multiple housing cooperative by establishing a horizontal property regime pursuant to Chapter 499B of the Code of Iowa, or by establishing a multiple housing cooperative pursuant to Chapter 499A of the Code of Iowa, shall establish and document compliance with the following. In addition to the following, the person or entity shall file and obtain approval from the Community Development Department for the development application defined in Subsection 3C of this section:
(1) That all materials, manner, and means of construction in the proposed building meet current codes for new construction including current Fire, Building, Plumbing, Electrical, Mechanical, Energy Conservation, and Post Construction Stormwater Management Codes.
(2) That the building and site meet all requirements of the zoning ordinance that would be required for new construction.
(3) That the building and site meet all requirements for handicapped accessibility that would be required for new construction.
(4) That separate utility services, with separate metering, be provided to each unit that would be required for new construction.
C. At least 60 days before a declaration or other instrument establishing a horizontal property regime pursuant to Chapter 499B of the Code of Iowa, or establishing a multiple housing cooperative pursuant to Chapter 499A of the Code of Iowa, (“declaration”) is to be recorded in the office of the County Recorder, any person or entity shall file a development application for approval with the community development department. In addition to the development application, the applicant shall file the following:
(1) A site plan, building plans, and code analysis demonstrating compliance with the provisions addressed above.
(2) A copy of the declaration or other instrument consistent with Chapters 499A or 499B of the Code of Iowa.
D. The declaration shall not be recorded unless a Certificate of Occupancy for the proposed building has been issued by the City.
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