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Ely Overview
Ely, Iowa Code of Ordinances
CODE OF ORDINANCES OF THE CITY OF ELY, IOWA
SUPPLEMENT RECORD
CHAPTER 1 CODE OF ORDINANCES
CHAPTER 2 CHARTER
CHAPTER 3 MUNICIPAL INFRACTIONS
CHAPTER 5 OPERATING PROCEDURES
CHAPTER 6 CITY ELECTIONS
CHAPTER 7 FISCAL MANAGEMENT
CHAPTER 8 URBAN RENEWAL
CHAPTER 15 MAYOR
CHAPTER 16 MAYOR PRO TEM
CHAPTER 17 CITY COUNCIL
CHAPTER 18 CITY CLERK/ADMINISTRATOR
CHAPTER 19 CITY TREASURER
CHAPTER 20 CITY ATTORNEY
CHAPTER 21 LIBRARY BOARD OF TRUSTEES
CHAPTER 22 PLANNING AND ZONING COMMISSION
CHAPTER 23 PARKS AND RECREATION COMMISSION
CHAPTER 30 POLICE DEPARTMENT
CHAPTER 35 FIRE PROTECTION
CHAPTER 36 HAZARDOUS SUBSTANCE SPILLS
CHAPTER 40 PUBLIC PEACE
CHAPTER 41 PUBLIC HEALTH AND SAFETY
CHAPTER 42 PUBLIC AND PRIVATE PROPERTY
CHAPTER 45 ALCOHOL CONSUMPTION AND INTOXICATION
CHAPTER 46 MINORS
CHAPTER 47 PARK REGULATIONS
CHAPTER 50 NUISANCE ABATEMENT PROCEDURE
CHAPTER 51 JUNK AND JUNK VEHICLES
CHAPTER 52 MOWING OF PROPERTIES
CHAPTER 55 ANIMAL PROTECTION AND CONTROL
CHAPTER 56 DANGEROUS AND VICIOUS ANIMALS
CHAPTER 57 URBAN CHICKENS
CHAPTER 60 ADMINISTRATION OF TRAFFIC CODE
CHAPTER 61 TRAFFIC CONTROL DEVICES
CHAPTER 62 GENERAL TRAFFIC REGULATIONS
CHAPTER 63 SPEED REGULATIONS
CHAPTER 64 TURNING REGULATIONS
CHAPTER 65 STOP OR YIELD REQUIRED
CHAPTER 66 LOAD AND WEIGHT RESTRICTIONS
CHAPTER 67 PEDESTRIANS
CHAPTER 68 ONE-WAY TRAFFIC
CHAPTER 69 PARKING REGULATIONS
CHAPTER 70 TRAFFIC CODE ENFORCEMENT PROCEDURES
CHAPTER 75 ALL-TERRAIN VEHICLES AND SNOWMOBILES
CHAPTER 76 BICYCLE REGULATIONS
CHAPTER 77 GOLF CARTS
CHAPTER 78 SKATEBOARDS, SCOOTERS, ROLLER SKATES, AND ROLLER BLADES
CHAPTER 80 ABANDONED VEHICLES
CHAPTER 90 WATER SERVICE SYSTEM
CHAPTER 91 WATER METERS
CHAPTER 92 WATER RATES
CHAPTER 95 SANITARY SEWER SYSTEM
CHAPTER 96 BUILDING SEWERS AND CONNECTIONS
CHAPTER 97 USE OF PUBLIC SEWERS
CHAPTER 98 ON-SITE WASTEWATER SYSTEMS
CHAPTER 99 SEWER SERVICE CHARGES
CHAPTER 100 STORM WATER MANAGEMENT
CHAPTER 105 SOLID WASTE CONTROL
CHAPTER 106 COLLECTION OF SOLID WASTE
CHAPTER 110 NATURAL GAS FRANCHISE
CHAPTER 111 ELECTRIC FRANCHISE
CHAPTER 112 ELECTRIC TRANSMISSION FRANCHISE
CHAPTER 113 CABLE TELEVISION REGULATIONS
CHAPTER 114 LINN COUNTY RURAL ELECTRIC COOPERATIVE ASSOCIATION ELECTRIC FRANCHISE
CHAPTER 120 LIQUOR LICENSES AND WINE AND BEER PERMITS
CHAPTER 121 CIGARETTE AND TOBACCO PERMITS
CHAPTER 122 PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS
CHAPTER 123 HOUSE MOVERS
CHAPTER 124 ADULT-ORIENTED BUSINESS ESTABLISHMENTS
CHAPTER 135 STREET USE AND MAINTENANCE
CHAPTER 136 SIDEWALK REGULATIONS
CHAPTER 137 VACATION AND DISPOSAL OF STREETS
CHAPTER 138 STREET GRADES
CHAPTER 139 NAMING OF STREETS
CHAPTER 145 DANGEROUS BUILDINGS
CHAPTER 146 MANUFACTURED AND MOBILE HOMES
CHAPTER 147 CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL
CHAPTER 148 ILLICIT DISCHARGE ORDINANCE
CHAPTER 150 BUILDING NUMBERING
CHAPTER 151 TREES
CHAPTER 155 BUILDING CODES
CHAPTER 156 ELECTRICAL CODE
CHAPTER 160 FLOOD PLAIN MANAGEMENT
CHAPTER 165 ZONING REGULATIONS
CHAPTER 170 SUBDIVISION CONTROL
CHAPTER 175 AIRPORT ZONING REGULATIONS
USE AND MAINTENANCE OF THE CODE OF ORDINANCES
CHAPTER 155
BUILDING CODES
 
155.01  International Building Codes
155.02  Amendments
 
155.01   INTERNATIONAL BUILDING CODES.
Except as hereinafter added to, deleted, modified or amended, there is hereby adopted as the Construction Regulations of the City the certain codes known as the International Building Code, 2015 Edition, and International Residential Code, 2015 Edition, including Appendix F titled Radon Control Methods as prepared and edited by the International Code Council, Inc. and the provisions of said Codes shall be controlling in the construction of single-family and two-family homes within the incorporated limits of the City and shall be known as the Ely Construction Regulations.
155.02   AMENDMENTS.
Certain sections, and portions of sections, of the International Building Code, 2015 Edition (hereinafter IBC) and the International Residential Code for One- and Two- Family Dwellings, 2015 Edition (hereinafter IRC) are hereby amended, deleted, modified or added to as set forth below:
   1.   Name of Jurisdiction.  In the IBC 101.1 and the IRC 101.1 in place of “Name of Jurisdiction” insert “City of Ely, Iowa.”
   2.   IRC Work Exempt.  Amend IRC Section R105.2 Work Exempt from Permit; Building by deleting the following: Item 1. One-story detached accessory structures; 3 Retaining Walls; and 10. Decks; and adding the following:
R105.2 Work Exempt from Permit, Building
1.  One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet.
3.  Retaining walls not over 6 feet high unless supporting a surcharge.
10.  Decks not exceeding 200 square feet in area that are not more than 30 inches above grade at any point, are not attached to any structure, and do not serve any door.
   3.   IBC Work Exempt.  Amend IBC Section 105.2 Work Exempt from Permit, Building, by deleting item 4. Retaining walls; and adding the  following:
105.2 Work Exempt from Permit, Building:
4.  Retaining walls not over 6 feet high and not supporting a surcharge or impounding Class I, II or III liquids.
   4.   Substantially Improved/Substantially Damaged.DeleteIRC R105.3.1.1 Substantially Improved or Substantially Damaged Existing Buildings and Structures, without substitution.
   5.   Expiration.  Modify IBC 105.5 and IRC R105.5 Expirationby adding new Sections 105.5.1 and R105.5.1 respectively as follows:
105.5.1, R105.5.1 Expiration. Every building permit issued under the provisions of the Code shall expire 12 months from the date of issue, unless the application is accompanied by a construction schedule of specific longer duration, in which instance the permit may be issued for the term of the construction schedule.  If the work has not been completed by the expiration date of the permit, no further work shall be done until the permit shall have been renewed by the owner or his or her agent and by payment of a renewal  fee as set forth in the City of Ely’s Permit Fee Schedule as adopted by resolution of the Ely City Council, and provided no changes have been made in plans or location.  No permit shall be renewed more than once.  Renewal of the permit shall be granted for an additional period of 12 months beginning at the original permit expiration date.  The nominal permit renewal fee shall be set by resolution of the City Council.  Work not complete at the expiration of 24 months from the original permit issuance date shall require a new permit with fees based on the valuation of all uncompleted work.
   6.   Post Frame Buildings. Add IBC 107.6 and IRC R106.6 Post Frame Buildings as follows:
107.6 and R106.6 Post Frame Buildings.  All pole frame buildings shall be designed and constructed by the following guidelines:
Exception.  Pole buildings satisfying all of the following  requirements are exempt from the engineering certification of plans required in this section:
1. Floor area of 1,000 square feet or less;
2. Eave height of 12 feet or less;
3. Pole spacing of 8 feet or less.
107.6.1 and R106.6.1 Plans.  Plans shall be drawn to a scale of not less than one-fourth inch per foot and include: floor plan with dimensions, pole locations and spacing, footing sizes, door sizes and locations; section drawing showing footings, poles, sidewall girts, roof purlins, headers, siding, roofing, and details; and elevation views of all four sides of building.
107.6.2 and R106.6.2 Engineering.  Plans shall be certified by a licensed, professional engineer and shall bear the engineer’s seal and signature.  The engineer’s certification block shall specify the pages or sheets covered by the seal.
107.6.3 and R106.3 Building Design Criteria.  The following shall appear on engineer certified plans: Building design in accordance with the 2015 International Building Code; 30 PSF ground snow load; 115 MPH Wind Design Speed; Exposure C (generally open terrain with scattered obstructions); 2000 PSF assumed soil bearing (unless a soils report shows otherwise).  Exposure C will be assumed unless it can be demonstrated that the building site meets the definition of Exposure B (suburban and wooded areas with numerous closely spaced obstructions).
107.6.4 and R106.6.4 Trusses. Submit truss design drawings certified by a licensed, professional engineer. Drawings shall indicate that the design and connectors are in accordance with the 2015 International Building Code and indicate the applicable design criteria from Section 107.6.3 or R106.6.3 above.
   7.   Fees.  Delete IBC 109.2 and IRC R108.2 Schedule of Permit Fees and add the following sections:
109.2 and R108.2 Schedule of Fees. For work requiring a permit, a fee for each permit shall be paid as required in accordance with the Permit Fee Schedule as established by resolution of the Ely City Council.
109.2.1 Plan Review Fees. When plans or other submittal documents are required by Section 106, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be in addition to the permit fee and in accordance with the Permit Fee Schedule as established by resolution of the Ely City Council.
109.2.2 and R108.2.1 Re-inspection Fee. A re-inspection fee may be assessed for each inspection or re-inspection when such portion of work for which inspection is called is not complete or when corrections called for are not made.
Re-inspection fees may be assessed when the inspection card is not posted or otherwise available on the work site, the property and building address are not properly posted and the location of the inspection cannot be readily ascertained, the approved plans are not readily available to the inspector, for failure to provide access at the time for which inspection is requested, or for deviating from plans requiring the approval of the building official.
The re-inspection fee shall be in accordance with the Permit Fee Schedule as established by resolution by the Ely City Council.
   8.   Valuation.  Add a new IBC Section 109.3.1 and IRC Section R108.3.1 as follows:
109.3.1 and R108.3.1 Valuation. Valuation for the purpose of establishing permit fees for new construction, additions or alterations to existing buildings shall be determined by the Building Official using information from the applicant/builder.  The Building Official will reference the Linn County Valuation Schedule and submitted  documents in the event of conflict with information from the builder/applicant.
   9.   Work Commencing Before Permit Issuance.Delete IBC 109.4 and IRC R108.6 Work commencing before permit issuance and add the following sections:
109.4 and R108.6 Work commencing before permit issuance. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, an investigation fee in addition to the permit fee shall be collected whether or not a permit is then or subsequently issued.  The investigation fee shall be equal to the amount of the permit fee required by this code for the entire project commenced and shall not be limited to the amount of the work completed prior to be informed of the permit requirements.  The payment of the investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.
   10.   Certificate Issued.  Delete IBC 110.3 and IRC R110.3 criteria number 3 Certificate Issued without substitution.
   11.   Board of Appeals.  Delete IBC 113 and IRC R112 Board of Appealsand replace with  the following:
113.1 and R112.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this code, there shall be a Building Board of Appeals consisting of five members, none of whom are employees of the City of Ely.  One member shall be a registered architect or licensed engineer in the State of Iowa; two members shall be a general construction contractor or a journeyman carpenter; and two members shall be private citizens, all of whom shall be residents of the city of Ely, Iowa.  The Building Official or the Building Official’s duly authorized representative shall be an ex officio member without vote and shall act as secretary of the Board. Each appointment or new appointment shall be for a term of three years, with the terms of not more than two members to expire December 31 of any one year.
The Building Board of Appeals shall be appointed by the Ely City Council, and shall serve without compensation, except mileage.  The Board shall adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the Building Official for appropriate distribution and filing.  The Building Board of Appeals shall make recommendations from time to time to the Board of Supervisors for appropriate legislation with respect to the Building Regulations. Nominal fee for appeal to the Board of Appeals shall be set by resolution of the Ely City Council.
113.2, R112.2 and 108.2.1 Limitations on  authority. An  application for  appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The authority of the Board in hearing appeals is limited to the technical provisions of the code related to the design, construction, use and maintenance of buildings and other structures including alternative methods and materials. The Board shall have no authority relative to interpretation of the administrative provisions of this code nor shall the Board be empowered to waive requirements of this code.
   12.   Definitions.  Attic, Habitable.  In the IRC R202, delete the definition for Attic, Habitable, without substitution.
   13.   Climatic and Geographic Design Criteria.  Insert climatic and geographic design criteria in IRC Table R301.2 (1)as follows:
Table R301.2 (1)
Climatic and Geographic Design Criteria
 
Ground Snow Load
WIND DESIGN
Seismic Design Category
Subject to Damage From
Speed (mph)
Topographic effects
Special Wind Region
Wind Borne Debris Zone
Weathering
Frost Line Depth
Termite
30 PSF
115
No
No
No
A
Severe
42 inches
Moderate - Heavy
 
 
Winter Design Temp
Ice Barrier Underlayment
Required
Flood Hazards
Air Freezing Index
Mean Annual Temp
NFIP Adoption
FIRM Maps
-5°F
Yes
May 18, 1993
April 5, 2010
2500
48.9
14.   Ground Snow Loads.  Delete IBC 1608.2 Ground snow loads and replace with the following:
1608.2 Ground Snow Loads. The ground snow load to be used in determining the design snow loads for roofs shall be 30 pounds per square foot.
   15.   Townhouses.  Delete R302.2 Townhouses and replace as follows:
R302.2 Townhouse Separation. Townhouses shall be separated by fire­ resistance-rated wall assemblies meeting the requirements of R302.2, Item 1 or 2.
1. A common one-hour fire-resistance-rated wall assembly tested in accordance with ASTM E 119 or UL 263 if such walls do not contain plumbing or mechanical equipment, ducts or vents in the cavity of the common wall.  The wall shall be rated for exposure from both sides and shall extend to and be tight against exterior walls and the underside of the  roof sheathing. Electrical installations shall be installed in  accordance with Chapter 34 through 43.  Penetrations of electrical outlet boxes shall be in accordance  with Section  R302.4.
2. Two independent 1-hour fire-resistance  rated wall assemblies tested in accordance with ASTM E 119 or UL 263. Each wall shall be rated for exposure from both sides and shall extend to and be tight against exterior walls and the underside of the roof sheathing. Wall membrane penetrations shall be in accordance with Section R302.4.
   16.   Fire Protection of Floors.  Delete R302.13 without substitution.
   17.   Emergency Escape and Rescue Openings.  Add to IBC 1030.3 Maximum Height from Floors and IRC R310.2.2 Window Sill Height the following exception:
Exception: Basement escape windows required for remodel or finish of rooms in existing buildings may have window sill height measured from an elevated landing not less than 36 inches wide, extending not less than 18 inches out from the interior finish of the exterior wall and not more than 24 inches in height. The landing shall be permanently affixed to the floor below and the wall under the window it serves.
   18.   Risers.Add Exception 3 to IRC R311.7.5.1 Risersas follows:
Exceptions: 3. To facilitate the removal of snow and ice, the opening between adjacent treads is not limited on exterior stairs exposed to precipitation.
   19.   Window Fall Protection.  Delete IBC 1013.8 and IRC R312.2 without replacement.
   20.   IRC Fire Sprinkler Systems.  Delete IRC R313 Automatic Fire Sprinkler Systemsand replace with the following:
R313 AUTOMATIC FIRE SPRINKLER SYSTEMS
R313.1 Townhouse automatic fire sprinkler systems.  An automatic residential fire sprinkler system shall be installed throughout all attached townhouse dwelling units when any of the following conditions exist:
1. The townhouses are constructed in a group of more than four attached units.
2. Any individual townhouse dwelling unit of a structure with four or  fewer attached townhouses has a floor area greater than 4,000 square feet on any one story or greater than 8,000 square feet of total floor area for all stories, excluding non-habitable areas separated from the  rest of the building by a minimum of one-hour fire-resistive construction and containing smoke or heat detection interconnected with the dwelling unit smoke detectors.
Exception: An automatic residential fire sprinkler system shall not be required when additions or alterations are made to existing townhouses that do not have an automatic residential fire sprinkler system installed.
R313.1.1 Design and installation. Automatic residential fire sprinkler systems for townhouses shall be designed and installed in accordance with NFPA 130 or Section P2904.
R313.2 One- and two-family dwellings automatic fire sprinkler systems. Automatic residential fire sprinkler systems shall be installed in one- and two-family dwellings when the following condition exists:
1. The one-or two-family dwelling has a floor area greater than 4,000 square feet on any one story or greater than 8,000 square feet of total floor area for all stories, excluding non-habitable areas separated from the rest of the building by a minimum of one-hour fire-resistive construction and containing smoke or heat detection  interconnected with the dwelling  unit smoke detectors.
Exception: An automatic residential fire sprinkler system shall not be required when additions or alterations are made to existing one- and two­ family dwellings that do not have an automatic residential fire sprinkler system installed.
R313.2.1 Design and installation. Automatic residential fire sprinkler systems for one-and two-family dwellings shall be designed and installed in accordance with NFPA 130 or Section P2904.
R313.3 Alternative Methods. Maximum floor area square footages of Sections R313.1 and R313.2 may be increased by 25 percent for buildings or floors containing more than one egress door as specified in Section R311.2 or more than one vertical egress as specified in Section R311A or other approved alternate methods of building occupant egress enhancement.
   21.   Foundation Drainage Systems. Delete IBC 1805.4.3 Drainage and replace with a new section 1805.4.3 and adding a new IRC section R401.3.1, as follows:
1805.4.3/R401.3.1 Drainage Discharges. The floor base and foundation perimeter drain shall discharge by gravity or mechanical means into an approved  drainage system  that complies with  the following:
(a) Sump pit located inside building. Exception: Sump pit may be omitted if drainage tile can be designed with natural fall and drain on same property if approved by the  Building Official.
(b) For each sump pit installed a pump discharge pipe shall be  provided running continuous from a point directly outside the sump pit to a storm sewer, waterway  or other approved discharge location.
(c) Pump discharge pipe shall be installed as per the requirements of the Linn County Plumbing Code with connections to a storm sewer, waterway  or other approved discharge location.
(d) Installation of sump pump if one is found by the Building Official to be necessary. It shall be equipped to automatically provide for discharge of sump pit water outside the basement wall and discharge as allowed elsewhere in this code.
FPN: A sump pump will be considered to be necessary if water inside the sump pit will not recede to a level four inches or more below the lowest basement floor surface by gravity or absorption into the earth within a reasonable period of time.
(e) The outlet line from the sump pump shall discharge a minimum of two feet from the outside foundation wall.
(f) Where ground water conditions warrant, the Building Official may require additional drainage tile as may be deemed necessary.
   22.   Frost Protection.  Modify IRC R403.1.4.1, Frost Protection, by deleting all exceptions and adding the following:
R403.1.4.1 Exception 1. Slab-on-Grade Foundation. One story detached accessory buildings of wood or steel frame construction, 1,250 square feet in area or less, may have a concrete slab-on-grade foundation without frost protection. The slab-on-grade shall be a minimum of four inches thick reinforced concrete and shall be thickened at its entire perimeter to a minimum cross section dimension of 10 inches wide by 10 inches high. The thickened portion shall have continuous reinforcing with a minimum of one No. 4 reinforcing bar at the top and bottom.  Reinforcement of the slab shall be 6 inch by 6 inch welded wire mesh or a minimum of No. 4 reinforcing bars not greater than 24 inches on center both directions and such reinforcing shall extend into the thickened portion.  The slab shall be cast monolithically with the thickened portion.  Foundations supporting wood light frame construction shall extend not less than six inches above finish grade and have eaves not more than 10 feet above grade.  A foundation under this section shall not support other than light frame construction. The vertical distance from the top of the slab-on-grade foundation to the lowest point at the base shall not exceed 24 inches.  No plumbing shall be located in buildings with slab on grade foundations without frost protection.  Stone and masonry veneer shall not be applied to exterior walls supported by slab on grade foundations.
   23.   Foundation Drainage, Concrete or Masonry Foundations.  Delete the Exception to IRC R405.1, Concrete or masonry foundation drainage, without replacement.
   24.   Water Resistive Barrier.  Delete the last sentence in the IRC 703.2.
   25.   Sewer Depth.  Delete IRC P2603.5.1 Sewer Depthwithout substitution.