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The provisions of this Code shall apply to:
1. Existing Buildings.
A. Additions to, alterations of, relocations of, and repairs to existing buildings, if covered by this Code. The Construction Services Administrator may, when such additions, alterations, relocations, 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. In addition to the Code requirements of this Existing Building Code, the construction requirements for existing buildings identified in the International Fire Code, Chapter 11, shall also apply.
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.
2. 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, by filing and obtaining approval from the Community Development Department of the development application defined in Subsection 2C of this section:
(1) That all materials, manner, and means of construction in the proposed building meet current codes for new residential 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 residential construction.
(3) That the building and site meet all requirements for handicapped accessibility that would be required for new residential construction.
(4) That separate utility services, with separate metering, be provided to each dwelling unit that would be required for new residential 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 Building 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 Building 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 Building 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.
D. 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.
E. Outstanding Permits. If a permit is outstanding on the effective date hereof, the provisions of this chapter, the International Existing 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.
F. 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 building 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. 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 new construction, electrical, plumbing, or mechanical systems or apparatus for which a permit has been issued, until such new construction, electrical, plumbing, or mechanical systems or apparatus 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 new construction, electrical, plumbing, or mechanical systems or apparatus. Upon the completion of the new construction, electrical, plumbing, or mechanical systems or apparatus in any building, 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. Certificates of Occupancy shall not be issued unless the new construction, electrical, plumbing, or mechanical systems or apparatus 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.
The following are deleted from the Existing Building Code, 2021 Edition, (hereinafter known as the IEBC), and are of no force or affect in this chapter:
1. 101.1 Title
2. 101.2 Scope
3. 103.0 Code Compliance Agency
4. 105.1.1 Annual Permit
5. 105.1.2 Annual Permit Records
6. 105.3.2 Time Limitation of Application
7. 105.5 Expiration
8. 105.7 Placement of Permit
9. 108.0 Fees
10. 109.3.5 Lath or Gypsum Board Inspection
11. 112.0 Means of Appeals
The paragraphs in this section represent amendments to the requirements contained in the International Existing Building Code, 2021 edition.
1. Section 105.2 Work Exempt from Permit. Delete item number 1 and add the following in lieu thereof:
A. Private sidewalks and driveways
2. Section 303 Storm Shelters. Delete this section and insert the following code sections and language.
A. Section 303.2 Additions to Group E Occupancy. Where an addition is added to an existing Group E occupancy located in an area where the shelter design wind speed for tornadoes is 250 mph in accordance with Figure 304.2 (1) of ICC 500, and the program occupant load of the addition is 50 or more, the addition shall have a storm shelter constructed in accordance with Chapters 1 through 5 and 8 of ICC 500.
B. For the purposes of this section, the installation of portable buildings for utilization on the campus or site for educational purposes shall be considered as an addition.
C. Exceptions.
(1) Group E daycare facilities
(2) Group E occupancies accessory to place of religious worship
(3) Additions meeting the requirements for shelter design in ICC 500
(4) Accessory structures to existing Group E sites where the occupancy classification of said structures are classified as Groups A-5 and U.
D. The aggregate area of all additions within a 10-year period shall be factored when determining the requirements of this section.
3. Section 303.2.1 Required Occupant Capacity. The required occupant capacity of the storm shelter shall include all buildings classified as a Group E occupancy on the campus or site, (whichever is larger) and shall be the greater of the following:
A. The total occupant load of the classrooms, vocational rooms, and offices in the Group E occupancy.
B. The occupant load of any indoor assembly space that is associated with the group E occupancy.
C. Exceptions:
(1) Where an addition is being added on an existing Group E site, and where the addition is not of sufficient size to accommodate the required occupant capacity of the storm shelter for all of the buildings on site, the storm shelter shall, at a minimum, accommodate the required capacity for the addition.
(2) Where approved by the code official, the required occupant capacity of the shelter shall be permitted to be reduced by the occupant capacity of any existing storm shelters on the campus or site.
4. Section 303.2.2 Location. Storm shelters shall be located within the buildings they serve or shall be located where the maximum distance of travel from not fewer than one exterior door of each building to a door of the shelter serving that building does not exceed 1,000 feet.
5. Section 303.2.3 Occupancy Classification. The occupancy classification for storm shelters shall be determined in accordance with Section 423.3 of the International Building Code.
6. Section 306.7 Alterations. Strike International Building Code, ICC A117.1 and replace with International Building Code, 2009 ICC A117.1 and local accessibility amendments identified in the 2021 Clive Building Code.
7. Section 502.6 Enhanced Classroom Acoustics. Delete the requirements of this section; however, preserve language if enhanced classroom acoustics are proposed.
8. Section 503.16 Enhanced Classroom Acoustics. Delete the requirements of this section; however, preserve language if enhanced classroom acoustics are proposed.
9. Section 505.3 Replacement Window for Emergency Escape and Rescue Openings. Delete this section and insert the following language:
A. Where replacement windows are required to provide emergency escape and rescue openings in Group R-2 and R-3 occupancies and one-and two-family dwellings and townhouses regulated by the International Residential Code, these replacement windows shall meet all the following conditions:
(1) Buildings built prior to January 1, 1972:
a. The replacement window is the manufacturer’s largest standard size window that will fit within the existing frame or existing rough opening. The replacement window is of the same operating style as the existing window or a style that provides for an equal or greater window opening area than the existing window.
b. The minimum net clear opening height shall be 20 inches and the minimum net clear opening width shall be 20 inches.
c. In no case shall the replacement window provide less than four point zero square feet of net clear opening.
d. The bottom of the clear opening of the replacement window shall not be greater than 48 inches above the finished floor or Code approved window platform.
B. Exception. Existing window openings that open directly to existing finished grade level are allowed up to 52 inches above the finished floor or Code approved window platform to accommodate existing taller foundations.
(1) Buildings built after January 1, 1972:
a. The replacement window is the manufacturer’s largest standard size window that will fit within the existing frame or existing rough opening. The replacement window is of the same operating style as the existing window or a style that provides for an equal or greater window opening area than the existing window.
b. In no case shall the measurement from the bottom of the window opening to the finished floor and minimum net opening width and height requirements be less than the Code applicable when the building was built.
10. Section 506.6 Enhanced Classroom Acoustics. Delete the requirements of this section; however, preserve language if enhanced classroom acoustics are proposed.
11. Section 702.5 Replacement Window for Emergency Escape and Rescue Openings. Delete this section and insert the following language:
A. Where replacement windows are required to provide emergency escape and rescue openings in Group R-2 and R-3 occupancies and one-and two-family dwellings and townhouses regulated by the International Residential Code, these replacement windows shall meet all the following conditions:
(1) Buildings built prior to January 1, 1972:
a. The replacement window is the manufacturer’s largest standard size window that will fit within the existing frame or existing rough opening. The replacement window is of the same operating style as the existing window or a style that provides for an equal or greater window opening area than the existing window.
b. The minimum net clear opening height shall be 20 inches and the minimum net clear opening width shall be 20 inches.
c. In no case shall the replacement window provide less than four point zero square feet of net clear opening.
d. The bottom of the clear opening of the replacement window shall not be greater than 48 inches above the finished floor or Code approved window platform.
B. Exception. Existing window openings that open directly to existing finished grade level are allowed up to 52 inches above the finished floor or Code approved window platform to accommodate existing taller foundations.
(1) Buildings built after January 1, 1972:
a. The replacement window is the manufacturer’s largest standard size window that will fit within the existing frame or existing rough opening. The replacement window is of the same operating style as the existing window or a style that provides for an equal or greater window opening area than the existing window.
b. In no case shall the measurement from the bottom of the window opening to the finished floor and minimum net opening width and height requirements be less than the Code applicable when the building was built.
12. Section 1011.5.6 Existing Emergency Escape and Rescue Openings. Delete this section and insert the following language:
A. Where a change of occupancy would require an emergency escape and rescue opening at locations identified within the International Building Code or International Residential Code, existing operable windows serving as the emergency escape and rescue opening shall meet all the following conditions:
(1) Buildings built prior to January 1, 1972:
a. The window is the manufacturer’s largest standard size window that will fit within the existing frame or existing rough opening. The window is of the same operating style as the existing window or a style that provides for an equal or greater window opening area than the existing window.
b. The minimum net clear opening height shall be 20 inches and the minimum net clear opening width shall be 20 inches.
c. In no case shall the window provide less than four point zero square feet of net clear opening.
d. The bottom of the clear opening of the window shall not be greater than 48 inches above the finished floor or Code approved window platform.
B. Exception. Existing window openings that open directly to existing finished grade level are allowed up to 52 inches above the finished floor or Code approved window platform to accommodate existing taller foundations.
(1) Buildings built after January 1, 1972:
a. The window is the manufacturer’s largest standard size window that will fit within the existing frame or existing rough opening. The window is of the same operating style as the existing window or a style that provides for an equal or greater window opening area than the existing window.
b. In no case shall the measurement from the bottom of the window opening to the finished floor and minimum net opening width and height requirements be less than the Code applicable when the building was built.
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