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Upon recommendation of the Building Board of Appeals, the City Council shall establish by resolution and may thereafter amend by resolution the Building Code of the City of Mount Vernon, Iowa, by reference to available and recognized state, national or international standards, which are made a part hereof as if set out fully in this chapter.
The City Council shall appoint the Building Official and any Assistant Building Officials. If the Building Official or Assistant Building Officials are not employees of the City, they shall be compensated in accordance with the terms of a separate agreement approved by the City Council as a condition of appointment.
1. The Building Official shall have the authority for administering and enforcing the Building Code, which includes standards for work commonly referenced by building, mechanical, electrical, plumbing, and energy codes. The City Council may appoint one or more Assistant Building Officials to assist the Building Official in the execution of his or her duties and responsibilities. Assistant Building Officials have the same authority, responsibility and discretion as established in the Building Official under this chapter and as directed by the Building Official.
2. Except as otherwise provided in the Building Code, the Building Official shall have authority with regard to provisions of the Building Code. Written interpretations of any requirements or provisions of these rules will be issued upon request. A request shall be accompanied by sufficient substantiating data as may apply to the conditions for which an interpretation is requested.
3. The Building Official is authorized to approve any alternate materials and methods of construction if satisfactory and perform as required by the Building Code. Requests for consideration of alternate provisions or their application shall be submitted to the Building Official by the building owner or the owner's agent in writing and shall contain any data necessary to show evidence that the alternate is satisfactory and that the material, method, or work offered is for the purpose intended and at least the equivalent of that prescribed in the Building Code in quality, strength, effectiveness, fire resistance, durability, and safety.
The administration and enforcement of the provisions of this chapter are as follows:
1. The Building Official shall administer and enforce this chapter. The City Council may direct other persons to assist him/her.
2. If the Building Official or his/her designee shall find that any of the provisions of this chapter are being violated, he/she shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He/she shall order removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter or to ensure compliance with or to prevent violation of its provisions.
3. No building or other structure shall be erected, moved, added to, or structurally altered without a permit therefore, issued by the Building Official. No building permit shall be issued by the Building Official except in conformity with the provisions of this chapter, unless he/she receives a written order from the Building Board of Appeals in the form of an administrative review or special exception as provided by this chapter.
4. All applications for building permits shall include plans, if applicable, in duplicate drawn to an appropriate scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; minimum setback requirements pursuant to Chapter 165, Zoning Regulations; and the location and dimensions of the proposed building or alteration.
5. The application shall include such other information as lawfully may be required by the Building Official, including existing or proposed building or alterations; existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with and provide for the enforcement of this chapter.
6. One copy of the plans shall be returned to the applicant by the Building Official, after he/she shall have marked such copy either as approved or disapproved and attested to same by his/her signature on such copy. One copy of the plans, similarly marked, shall be retained by the Building Official.
7. A building permit shall be posted by the applicant on the property in question at least five (5) days prior to the start of any work or construction. It shall be placed so that it is readable from the public street, and shall remain in place during work or construction period. If a building permit is not obtained and properly posted prior to work or construction, work or construction must cease until such permit is granted. The usual permit fee will be doubled and other penalties may be levied. Construction may resume following a required ten (10) days posting of the building permit.
8. The Building Official has the discretion to waive certain procedural requirements of this section if the applicant can demonstrate that certain work or construction needed to be accomplished on an immediate basis due to exigent circumstances beyond the control of the applicant. The amount and nature of any work or construction done shall be strictly limited to what is necessary in light of the specific circumstances of each case. It shall be the applicant's burden to prove by clear and convincing evidence that the existence of the exigent circumstances beyond the control of the applicant. In any event, the application and inspection requirements of this section shall not be waived, including in cases where the application or inspection requirements can only be accomplished after work or construction is completed.
9. It shall be unlawful to use or occupy or permit the use' or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefore by the Building Official stating that the proposed use of the building or land conforms to the requirements of this chapter.
10. If the work described in any building permit has not begun within 180 days from the date of issuance thereof, said permit shall expire; it shall be canceled by the Building Official; and written notice thereof shall be given to the persons affected.
11. If the work described in any building permit has not been substantially completed within two years of the date of issuance thereof, said permit shall expire and be canceled by the Building Official, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained.
12. The expiration date of a building permit may be established for a period longer than two years if established at the time that such permit is issued by the City. The Building Official or his/her designee may at his/her discretion extend the expiration period of the building permit.
13. Building permits issued on the basis of plans and applications approved by the Building Official authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed in violation of this chapter and punishable as provided by this section and Section 152.16.
For any individuals or contractor seeking permits to do work commonly referenced by mechanical, electrical or plumbing codes and for which that individual or contractor will be compensated, these parties are required to be licensed by the City of Cedar Rapids, the City of Marion, or Linn County, Iowa, or licensed by a jurisdiction whose licenses are recognized by the aforementioned jurisdictions under any reciprocity agreements.
1. During the first ninety (90) days after final passage and publication of this ordinance, individuals otherwise required to be licensed under this section, may apply to the Building Board of Appeals for exemption from these licensing requirements in one or more areas. The application process will be administered by the Building Board of Appeals. Eligibility requirements shall include but not be limited to a minimum of five (5) years experience in the trade for which the license is being sought. The application shall include, at a minimum, any professional education or certifications and at least three professional or trade-related references.
2. Any exemption received under subsection 1 remains in effect indefinitely, unless rescinded. The Building Board of Appeals retains jurisdiction of all exemptions and may, upon its own motion, review and rescind any exemption for cause, including but not limited to reasons of substandard performance and cessation of work in the licensed trade for a period of two (2) years or more.
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