(A) Title. Pursuant to the authority of Iowa Code § 380.10, the International Building Code, 2015 Edition, the International Residential Code, 2015 Edition, the International Energy Conservation Code, 2015 Edition, the International Existing Building Code, 2015 Edition and the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, except as hereinafter amended by this section, are hereby adopted by reference for the purpose of providing rules and regulations for the construction, alteration, removal, demolition, equipment, use occupancy, location and maintenance of buildings and structures within the city. The provisions of said codes, except as amended herein, shall be controlling in all matters contemplated therein within the city. The provisions of this section shall be known as the “Building Code”.
(2011 Code, § 20.0101)
(B) Copies on file. Official copies of said codes, including amendments as adopted, are on file in the office of the Building Official.
(2011 Code, § 20.0102)
(C) Available for public inspection. Copies of said codes, as amended, shall be kept available at the Building Official’s office for public inspection.
(2011 Code, § 20.0103)
(D) Conflicts and/or duplications. Provisions in the Building Code, to the contrary notwithstanding, nothing in this section shall be deemed to repeal or invalidate by implication any provision of the ordinances of the city, as amended, and where other ordinances of the city, such as the Zoning Ordinance, Subdivision Ordinance, Plumbing Code and Electrical Code, shall, in any way, duplicate or conflict with the provisions of the Building Code adopted under the terms of this section, the more strict provisions shall prevail.
(2011 Code, § 20.0104)
(E) Amendments to the International Building Code.
(1) Amendments to International Building Code.
(a) Section 101.1. Insert: City of Newton, Iowa
(b) Section 1612.3. Insert: City of Newton, Iowa
(c) Section 308.6.4. Delete and replace with the following language:
308.6.4 Eight or Fewer persons receiving care in a dwelling unit. A facility such as the above within a dwelling unit and having eight or fewer persons receiving custodial care shall be classified as a Group R-3 occupancy or shall comply with the International Residential Code.
(d) Section 310.5 and 310.5.1. Delete and replace with the following language:
310.5 Residential Group R-3. Residential Group R-3 occupancies where the occupants are primarily permanent in nature and not classified as Group R-l, R-2, R-4 or I, including:
Buildings that do not contain more than two dwelling units
Boarding houses (nontransient) with 16 or fewer occupants
Boarding houses (transient) with 10 or fewer occupants
Care facilities as identified in Sections 308.3.4 or 308.4.2 that provide accommodations for five or fewer persons receiving care
Day care facilities as identified in section 308.6.4 located within single family dwellings with 8 or fewer persons receiving custodial care
Congregate living facilities (nontransient) with 16 or fewer occupants
Congregate living facilities (transient) with 10 or fewer occupants
Lodging houses with five or fewer guest rooms
310.5.1 Care facilities within a dwelling. Care facilities that are located within a single-family dwelling are permitted to comply with the International Residential Code in accordance with this section.
310.5.1.1 24-hour care facilities within a dwelling. Care facilities as identified in sections 308.3.4 or 308.4.2 that provide accommodations for 5 or fewer persons receiving custodial care in a single-family dwelling for 24-hours per day are permitted to comply with the International Residential Code provided an automatic sprinkler system is installed in accordance with Section 903.3.1.3 or Section P2904 of the International Residential Code.
310.5.1.2 Day care facilities within a dwelling. Day care facilities as identified in section 308.6.4 that provide custodial care for 8 or fewer persons for less than 24-hours per day in a single-family dwelling are permitted to comply with the International Residential Code.
Exception: Day care facilities as identified in section 308.6.4 that provide custodial care for 16 or fewer persons for less than 24-hours per day in a single-family dwelling, and are registered with the State of Iowa Department of Human Services as child development homes on or before January 1, 2017, are permitted to comply with the International Residential Code.
(e) Section 1009.2. Add item #11 with the following language: Components of exterior walking surfaces shall be concrete, asphalt, or other approved hard surface.
(f) Section 1010.1.6. Replace with the following language: For landings required by Section 1010.1.5 to be at the same elevation on each side of the door exterior landings at doors shall be provided with frost protection.
(g) Section 1013.3 Exit Sign Illumination. Exit signs shall use an LED lighting system and be illuminated internally. Exit signs are required to have battery backup unless an onsite generator is used. Luminance on the face of an exit sign shall have an intensity of not less than 5.0 footcandles (53.82 lux)
1. Exception: Tactile Exit signs required by Section 1013.4 need not be provided with illumination.
(h) Delete Section 1013.5.
(i) Delete Section 1013.6.
(j) Section 1030.5.3 Window Wells Drainage. All window wells shall be provided with approved drainage.
(2) Amendments to International Residential Code.
(a) Section R101.1. Insert: City of Newton, Iowa
(b) Section R302.13. Add Exception #5 as follows: Approved floor assemblies demonstrating equivalent fire performance by an approved testing company showing length and time duration for exposure to fire. It shall be defined by performance equivalent to 26 minutes using ASTM El 19 standard fire endurance testing with a superimposed load simulating a maximum load condition (i.e. 100% design load)
(c) Section R310.1. Insert Exception #2 as follows: For 1 and 2 family dwellings constructed under the provisions of the 1988 Uniform Building Code or a previously adopted code (prior to 1988) that are undergoing a renovation which requires an emergency escape window to an existing basement without a compliant emergency escape window; an emergency escape window shall not be required where the following conditions are met:
1. An emergency escape window or door and the stairs to the floor above are placed a distance apart equal to no less than one-half of the length of the maximum overall diagonal dimension of the basement area.
2. Additional smoke alarms are installed in each area or room in the basement.
3. The common path of egress travel distance starting in the remote corner of the bedroom does not exceed 25 feet.
4. The underside and supporting structure of the stair to the floors above is protected with 1/2 inch gypsum board or equivalent.
Note: This exception #2 does not apply to town homes.
(d) Section R310.2.2. Add Exception #1 as follows: A landing may be provided to meet the maximum sill height of forty-four (44) inches above the floor or landing provided. The landing shall not be less than thirty-six (36) inches wide, not less than twelve (12) inches out from the exterior wall, and not more than twenty-four (24) inches in height. The landing shall be permanently affixed to the floor below or the wall under the window it serves.
(e) Section R311.7.5.1. Add Exception #3 as follows: The dimension of the top and bottom riser of a stair may vary up to 1-inch (25.4 mm) from the stairway riser dimension: however, in no case shall the riser height exceed seven and three-quarter inches.
(f) Section R313.1 Replace with the following language:
Townhomes automatic fire sprinkler systems. An automatic residential fire sprinkler system shall be installed in townhouses. Exceptions:
1. An automatic residential fire sprinkler system shall not be required where additions or alterations are made to existing townhouses that do not have an automatic residential fire sprinkler system installed.
2. Townhouse structures that contain eight (8) or less dwelling units.
3. Townhouse structures less than eighteen thousand (18,000) square feet floor space, exclusive of any garages.
(g) Section R313.2. Replace with the following language:
One- and two-family dwelling automatic fire sprinkler systems. An automatic residential fire sprinkler system shall be installed in one- and two-family dwellings. Exceptions:
1. An automatic residential fire sprinkler system shall not be required where additions or alterations are made to existing buildings that are not already provided with an automatic residential fire sprinkler system.
2. One- and two- family dwellings containing less than eight thousand (8,000) square feet of floor space, excluding attached garages and other unenclosed areas.
(h) Section R403.1.4.1, Exception #1. Replace with the following language: Protection for detached garages and other accessory structures 1,000 square feet or less in size, with a maximum height of fifteen (15) feet, located four (4) feet or more from a dwelling, attached garage, or other principal structures, may be accomplished with a floating slab. The floating slab shall include a thickened slab edge of a minimum twelve (12) inches thick. Six inches of the thickened slab shall be below original grade and six inches shall be above finished grade. The bottom portion of the thickened slab area shall be twelve (12) by twelve (12) inches. Three #4 rebar shall be placed within the thickened edge continuous around the perimeter of the slab. The floor shall be Portland cement concrete not less than four and one half (4 & 1/2) inches thick with #3 rebar 30 inches on center over approved subgrade. Garage floor areas shall have all sod and/or debris removed.
(i) Section R905.2.8.3 Sidewall flashing. Amended by deleting "continuous" as follows: Base flashing against a vertical sidewall shall be continuous or step flashing and shall be not less than 4 inches (102 mm) in height and 4 inches (102 mm) in width and shall direct water away from the vertical sidewall onto the roof or into the gutter. Where siding is provided on the vertical sidewall, the vertical leg of the flashing shall be continuous under the siding. Where anchored masonry veneer is provided on the vertical sidewall, the base flashing shall be provided in accordance with this section and counterflashing shall be provided in accordance with Section R703.7.2.2. Where exterior plaster or adhered masonry veneer is provided on the vertical sidewall, the base flashing shall be provided in accordance with this section and Section R703.6.3.
(j) Section M1601.4. Insert the following language:
Section M1601.4 Installation. Duct installation shall comply with sections M1601.4.1 through M1601.4.11
Section M1601.4.11 Air plenum and duct separation. Air plenums and ducts located in floor and wall cavities shall be separated from unconditioned spaces by construction with sufficient insulation to meet energy code requirements. These areas include but are not limited to exterior walls, cantilevered floors, and floors above garages.
(k) Section G2414.5.3 (403.5.4) Corrugated Stainless Steel Tubing. Replace with the following language: Arc resistant corrugated stainless steel tubing shall be listed in accordance with ANSI LC-1 (Optional Section 5.16)/CSA 6.26.
(l) Section G2415.2 (404.2) CCST. Replace with the following language: Only CSST with an Arc Resistant Jacket or Covering System listed in accordance with ANSI LC-1 (Optional Section 5.16)/CSA 6.26-2016 shall be installed in accordance with the terms of its approval, the conditions of listing, the manufacturer's instructions and this code including electrical bonding requirements in Section G2411. CSST shall not be used for through wall penetrations from the point of delivery of the gas supply to the inside of the structure. CSST shall not be installed in locations where subject to physical damage unless protected in an approved manner.
(2011 Code, § 20.0105)
(3) Amendments to the Energy Code.
(a) Section 408.2. Insert the following language: The Commissioning Agent shall be in no way affiliated with the project's design, installation or sale of products to avoid any conflict of interest. The Commissioning Agent shall be accredited by an industry-recognized certification program, to be determined by the AHJ.
(F) Building Trades Board.
(1) General powers. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of the Building Code, there shall be and is hereby created a Building Trades Board consisting of members who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the city. The Building Official shall act as Secretary to said Board, but shall have no vote on any matter before the Board; except that, when any matter arises under the Fire Code, the Fire Chief rather than the Building Official shall act as Secretary to said Board, but shall have no vote on any matter before the Board. The Building Trades Board shall be appointed by the Council and shall hold office at its pleasure. The Board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official.
(2) Duties and authority.
(a) Code review. Periodically review the city’s building regulations, including, but not limited to, Building Codes, Electrical Codes, Plumbing Codes, Mechanical Codes, Fire Codes, Minimum Housing Codes and Energy Codes, and make recommendations thereto to the City Council;
(b) Licensure and permitting. Periodically review the city’s building regulations, regarding licensure and permitting and make recommendations thereto to the City Council; and
(c) Appeals. Act as a Board of Appeals to hear grievances arising from a decision of any city inspector and to provide for reasonable interpretations consistent with the provisions of the relevant city codes, including, but not limited to, Building Codes, Electrical Codes, Plumbing Codes, Mechanical Codes, Fire Codes, Minimum Housing Codes and Energy Codes.
(3) Limitations on authority. The Board shall have no authority relative to interpretation of the administrative provisions of the Building or Fire Codes, nor shall the Board be empowered to waive requirements of said codes.
(4) Membership.
(a) The Board shall consist of five members appointed by the Mayor with the approval of the City Council. All members of the Board shall hold office until their successors have been qualified and appointed.
(b) The term of each member shall be three years; provided, however, that, the original appointments to the Board shall be made as follows:
1. One member shall be appointed to serve until 12-31-2010;
2. Two members shall be appointed to serve until 12-31-2011; and
3. Two members shall be appointed to serve until 12-31-2012.
(c) The Board shall consist of representatives with general expertise and familiarity with building trades in the city. Each representative shall work in and be familiar with construction in the city, and either be a resident of the city, or the business which employs them shall have a mailing address of the city. At a minimum, there shall be at least one representative who is qualified by technical or professional expertise in each of the following areas: building construction, electrical work, plumbing work and mechanical work. One individual can represent up to two of these areas of expertise. Gender balance requirements of Iowa Code § 69.16A shall be met.
(5) Quorum, vote, Chairperson. Three members of the Board shall constitute a quorum for the transacting of all business. Any action taken by the Board shall require a majority vote of all members of the Board. All members of the Board shall have one vote on any and all matters coming before the Board; except that, no member of the Board shall vote on any questions that the member is engaged as a contractor, material dealer, designer or consultant, or in which the member has any direct interest. The Board shall elect annually one of its members as Chairperson. The Chairperson shall preside at all meetings of the Board.
(6) Procedural rules, minutes and records of meetings and actions. The Board shall adopt such rules concerning the filing of appeals, giving of notice and the conduct of hearings as shall be necessary to carry out its duties as defined in this section. The Board shall keep minutes of its proceedings, keep records of its official acts and shall record the vote of each member upon each question, or if absent or failing to vote, indicating such fact in the minutes. All minutes and records shall be filed in the office of the Board and shall be of public record.
(7) Meetings, notices. The Board shall meet at the call of the Chairperson and at such other times as the Building Trades Board may determine. The notice of the time and place of such meetings shall be published as prescribed in Iowa Code § 362.3 or any successor provisions thereto. Such notice shall contain a statement of the particular purpose of such meeting. All meetings of the Board shall be open to the public.
(8) Vacancies. All vacancies occurring on the Board by removal, resignation or death shall be filled by appointment as determined previously. Any member of the Board may be removed by the City Council for malfeasance in office, incapacity or neglect of duty. All appointments made under this section shall be for the unexpired term of the position vacated.
(9) Appeal to Council. In the event any person shall feel aggrieved by any action of the Board, that person may appeal from such action to the City Council by filing written notice of an appeal within ten days from the date of the action. The Council shall give the appealing party and the Board five days written notice by mail of the date, time and place of hearing. All interested persons shall be given an opportunity to be heard at such hearing and the Council may affirm, modify or overrule the action of the Board.
(2011 Code, § 20.0106)