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No person shall place reliance upon this chapter, any inspections performed, or Certificates of Occupancy 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.
1. New Construction. The general design, placement, construction, and barrier requirements for swimming pools and spas.
2. Existing Facilities. Additions to, alterations of, or repairs to any existing swimming pools and spas. The Construction Services Administrator may, when such additions, alterations, or repairs are made, order other reasonable additions or alterations within the facilities or barriers not currently in compliance with this Code.
3. All public swimming pools shall follow the rules set forth by the Iowa Department of Public Health.
The applicant for a permit for any swimming pool, by making such application, assumes and agrees to pay for all loss or damage to property whatsoever, an 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 chapter 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 hold 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 part of any permit issued under this chapter whether expressly recited therein or not.
1. Required. Any owner, or authorized agent, who desires to construct, enlarge, alter, repair, move, or demolish any swimming pool or spa or to erect, install, enlarge, alter, repair, remove, convert, or replace any electrical, mechanical, or plumbing component of any swimming pool or spa which is regulated by this chapter, or to cause any such work to be done, shall not do so without first securing a permit from the City Community Development Department. In the case of a public swimming pool, the owner or authorized agent must also obtain a permit from the Iowa Department of Public Health.
2. Issuance. After proper application on forms provided by the City 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 regulations. 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 government or nonprofit organization may be waived by the Council. No fees shall be collected on necessary permits for any City project.
4. Expiration.
A. Every permit issued under the provisions of this Building 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. Before such work can be commenced, a new permit shall be first obtained, and a fee therefore shall be one-half of the amount required for a new permit for such work, provided, that such suspension or abandonment has not exceeded 120 days.
B. All building 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.
C. In addition, any time work is suspended or abandoned for more than 60 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 partially constructed swimming pools, 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 Building Code.
6. Outstanding Permits. If a permit is outstanding on the effective date hereof, the provisions of this chapter 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 a Permit. If any repairs, additions, alterations, or demolitions to any swimming pool, swimming pool barrier, portions of any swimming pool, or any electrical, gas, mechanical, or plumbing system, where regulated by this Building Code, 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 that is qualified or licensed to work similar to that which is being performed. Any person who commences any work before obtaining the necessary permits shall be subject to a fee.
For the purposes of this Building 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 the 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, 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. All public swimming pools shall also be inspected by the Iowa Department of Public Health. It shall be responsibility of the company, firm, or individual doing the work to coordinate with the Iowa Department of Public Health regarding their specific inspection process.
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