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Pursuant to State published notice and public hearing, as required by State law, the International Energy Conservation Code, published by the International Code Council Inc., year and edition as amended and adopted by the State Building Code Bureau, is adopted in full and shall constitute the “Energy Code of the City of Clive, Iowa.” The use of the term “energy code” in this chapter shall be interpreted to refer to the International Energy Conservation Code, year and edition as adopted by the State. An official copy of the International Energy Conservation Code, as adopted, and a certified copy of this chapter, can be viewed in the Community Development Department.
This Code shall establish thermal energy efficiency standards for the design of new buildings and structures, or portions thereof, additions to existing buildings, and renovation and remodeling of existing buildings.
1. Exception. The renovation and remodeling of residential buildings of one and two dwelling units, which are intended for human occupancy, and which are heated or cooled by regulating their exterior envelopes and selection of their heating, ventilation, and air-conditioning systems, service water heating systems and equipment for the efficient use of energy, and lighting efficiency standards for buildings intended for human occupancy which are lighted.
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 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 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 of which is regulated by this Energy Conservation Code, or to cause any such work to be done, shall not do so without first securing a building permit from the Community Development Department. All building plans will be reviewed for energy compliance as specified in this Energy Conservation Code.
2. Issuance. After proper application and a full staff review, 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. 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 and fees for other inspections 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 and the International Energy Conservation Code, 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 electrical, gas, mechanical, or plumbing system, 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 energy 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.
For the purposes of this Code, the Construction Services Administrator may also be referred to as the Building Official. It shall be the duty of the Construction Services Administrator, appointed under provisions of the Community Development Director, to administer and enforce the provisions of this chapter and to make any required inspections or tests. A person or persons may be appointed as assistants or agents of the Construction Services Administrator as may be necessary to carry out the provisions of this chapter. For the purpose of making inspections, tests, or otherwise discharging their official duties, the Construction Services Administrator, or an appointed assistant or agent, shall have the right to enter, at any time, any building, area, or manhole upon notifying the company or individual owning or having charge or control of the same. Whenever, in the judgment of the Construction Services Administrator, any structure is suspected of being, or found to be defective or dangerous, or whenever from any cause the premises shall be in such defective condition as to be in danger of fires, or accident to workers or the general public, the Construction Services Administrator shall at once order the removal of such defects and the remedying of such improper condition.
Except as otherwise provided in this Code, no person shall cover or conceal, or cause to be covered or concealed, any mandatory energy conservation requirement, for which a permit has been issued, until such requirements have been inspected and approved as required by this Code. The Construction Services Administrator shall have authority to remove or cause the removal of any obstructions which may prevent the proper inspection of the building envelope or equipment. After the energy conservation measures have been installed and verification is needed, it shall be the duty of the company, firm, or individual doing the same to notify the Construction Services Administrator, who shall inspect the same on receipt of such notice for conformance to the provisions of this Code. The Construction Services Administrator has the authority to allow an approved third-party energy inspector to conduct inspections and tests as required by this Code. Inspection reports and tests results shall be made available to the Construction Services Administrator. Certificates of Occupancy shall not be issued unless the energy conservation requirements are in conformity with the rules and regulations set forth in this Code.
1. Authority. Whenever the Construction Services Administrator finds any work regulated by this Code being performed in a manner either contrary to the provisions of this Code or dangerous or unsafe, the Construction Services Administrator shall be authorized to issue a stop work order.
2. Issuance. The stop work order shall be in writing and shall state the reason for the order and the conditions under which the work will be permitted to resume. The stop work order shall be given to the owner of the property involved, or to the owner’s agent, or to the person doing the work. Upon issuance of a stop work order, all work shall immediately cease. All other persons shall vacate the job site immediately or be subject to penalties as prescribed by law.
3. Unlawful Continuance. Upon issuance of a stop work order, all work shall immediately cease and all persons shall vacate the job site immediately. Any work on the premise shall be limited to the removal or correction of the violation or unsafe condition.
In any case where the provisions of this chapter, or the International Energy Conservation Code, adopted hereby, are found to be in conflict with a provision of the Code of Iowa or a provision of any zoning, building, fire, safety, or health ordinance or code of the City, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail.
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