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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.
The applicant for any permit under this Code, by making such application, assumes and agrees to pay for all loss or damage to property whatsoever, and injury to or death of any person or persons whomsoever, including all costs and expenses incidental 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 or any other ordinance of the City; and such applicant, by making such application, forever indemnifies the City, its officers and employees, and agrees to save it and them 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, its officers or employees, may have caused or contributed thereto. The foregoing provisions shall be deemed to be a part of any permit issued under this Code whether expressly recited therein or not.
1. Required. Any owner or authorized agent who intends to repair, add to, alter, relocate, demolish, or change the occupancy of a building or to repair, install, add, alter, remove, convert, or replace any electrical, gas, mechanical, or plumbing system, the installation of which is regulated by this Code, or to cause any such work to be done, shall not do so without first securing a permit from the Community Development Department.
2. Issuance. After proper application on forms provided by the Community Development Department, permits shall be issued in the name of the property owner or of a firm or corporation registered with the State Division of Labor Services, according to their rules and standards. The property owner or authorized representative of the firm or corporation named on the registration shall sign all applications for permits. Permits are not transferable unless a new application is provided and signed by the new applicant. No permits shall be issued to any person, firm, or corporation who has fees outstanding or who has outstanding violations of any ordinance of the City.
3. Fees. There shall be a fee paid for the issuance of permits. Permit fees, fees for other inspections, temporary certificate of occupancy application fees, temporary CO extension fees, work without a permit fees, and permit reissuance fees shall be set forth in a fee schedule established and approved, from time to time, by the Council. Fees on all buildings or structures constructed by any unit of the government or nonprofit organization may be waived by the Council. No fees shall be collected on buildings or structures constructed by or for the City.
4. Expiration:
A. Every permit issued under the provisions of this Code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 90 days from the date of issuance of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 60 days. Expired permits are subject to permit re-issuance fees as set forth in the adopted fee schedule.
B. All permits shall expire after 365 days unless an extension is requested in writing to the Construction Services Administrator 14 days prior to expiration of said permit. The Construction Services Administrator may refuse any extension, but shall do so in writing within seven days of receipt of the extension request. Expired permits are subject to permit re-issuance fees as set forth in the adopted fee schedule.
C. In addition, any time work is suspended or abandoned for more than 10 days, the permit shall expire due to neglect if the site is not properly secured, including:
(1) Removal of all construction debris, materials, weeds, etc., that makes the area unsightly and creates a public nuisance.
(2) A fence to protect any excavation, including open basement foundations, in order to prevent the creation of an attractive nuisance in the neighborhood.
(3) Ground cover, silt fencing, etc., shall be provided to help prevent erosion and damage to surrounding properties. Consideration may be given to proximity of the construction site, as described in Chapter 11 of this title.
5. Revocation. Any permit required by the provisions of this Code may be summarily revoked by the Construction Services Administrator upon the violation of any provision of this Code.
6. Outstanding Permits. If a permit is outstanding on the effective date hereof, the provisions of this chapter, the International Building Code, 2021 edition, and the International Residential Building Code, 2021 edition, adopted hereby, shall apply to the work authorized by such permit, except to the extent that the Construction Services Administrator shall determine that the application of such provisions to said work would be unreasonable. The burden shall be upon the holder of such permit to show the unreasonableness of such provisions.
7. Work without Permit. If any repairs, additions, alterations, or demolitions to any building or portions of any building or any electrical, gas, mechanical, or plumbing system, the installation of which is regulated by this Code, the work having been completed without first obtaining a permit, the owner shall have the responsibility to certify that the work has been completed in accordance with the applicable codes. The Construction Services Administrator shall determine the appropriate level of special inspection necessary to ensure that the work was completed in accordance with the applicable codes. Special inspections shall be performed by an approved inspector who is qualified or licensed to inspect work similar to that which is being performed. Work without a permit, other than minor work initiated for plan execution, will be subject to fees as set forth in the adopted fee schedule.
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