The provisions of this building code shall apply to:
A. New Construction: The construction of new buildings.
1. Public or private installations as governed by the IBC and/or IRC.
B. Existing Buildings:
1. 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.
2. 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.
3. 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.
C. Conversion to Condominium or Multiple Housing Cooperative:
1. 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.
2. Any person or entity seeking to establish a horizontal property regime or multiple housing cooperative by establishing a horizontal property regime pursuant to Iowa Code 499B or by establishing a multiple housing cooperative pursuant to Iowa Code 499A 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 C3 of this section:
a. 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.
b. That the building and site meet all requirements of the zoning ordinance that would be required for new construction.
c. That the building and site meet all requirements for handicapped accessibility that would be required for new construction.
d. That separate utility services, with separate metering, be provided to each unit that would be required for new construction.
3. At least sixty (60) days before a declaration or other instrument establishing a horizontal property regime pursuant to Iowa Code 499B or establishing a multiple housing cooperative pursuant to Iowa Code 499A (“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:
a. A site plan, building plans, and code analysis demonstrating compliance with the provisions addressed above.
b. A copy of the declaration or other instrument consistent with Iowa Code 499A or 499B.
4. The declaration shall not be recorded unless a certificate of occupancy for the proposed building has been issued by the city. (Ord. 1100, 4-8-2021)