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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 Mechanical Code, 2021 edition, and International Residential Code Chapters 12-24, 2021 edition, 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 “Mechanical Code of the City of Clive, Iowa.” The use of the term “Mechanical Code” in this chapter shall be interpreted to refer to the International Mechanical Code, 2021 edition, and International Residential Code Chapters 12-24, 2021 edition. An official copy of the International Mechanical Code, 2021 edition, and International Residential Code Chapters 12-24, 2021 edition, as adopted, and a certified copy of this chapter can be viewed in the Community Development Department.
This Code shall regulate the design, installation, maintenance, alteration, and inspection of mechanical systems. The provisions of this Mechanical Code shall apply to:
1. New Construction.
A. Public or private mechanical installations as governed by this Mechanical Code.
B. Detached one- and two- family dwellings and multiple single-family dwellings (townhouses) not more than three stories high with separate means of egress and their accessory structures shall comply with Chapters 12-24 of the International Residential Code, 2021 edition.
2. Existing Buildings.
A. Additions to, alterations of, and repairs to existing mechanical systems, if covered by this Mechanical Code. The Construction Services Administrator may, when such additions, alterations, or repairs are made, order other reasonable additions or alterations to the mechanical systems on a premises when a danger to life or property may result if such other additions or alterations were not made.
B. Detached one- and two- family dwellings and multiple single-family dwellings (townhouses) not more than three stories high with separate means of egress and their accessory structures shall comply with Chapters 12-24 of the International Residential Code, 2021 edition.
C. Installations, which were in compliance with the Mechanical 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.
D. If the classification of a building has been changed due to a change in occupancy, the mechanical systems in the entire building shall comply with all the mechanical 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 shall comply with its own particular classification and shall have mechanical systems installed in compliance with the mechanical standards of its particular classification.
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, install, add, alter, remove, convert, or replace any mechanical system or part thereof, of which is regulated by this Mechanical 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. 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 Mechanical Code, 2021 edition, and International Residential Code Chapters 12-24, 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 mechanical 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 mechanical 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.
Except as otherwise provided herein, no person shall engage or represent themselves to the public as engaging in the activity or business of installing, altering, or repairing any mechanical systems or apparatus for which permits are required by this Mechanical Code, unless such person shall have first obtained from the State Department of Health, a mechanical license, as provided for in Chapter 105 of the Code of Iowa.
Homeowners who qualify for the homestead tax exemption may acquire permits for their principal residence for remodel mechanical work if such residence is an existing dwelling rather than new construction, and is not larger than a single-family dwelling. The Construction Services Administrator may require the homeowner to pass a mechanical exam as they see fit.
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.
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