The IFC is amended as follows:
1. Deletion. Subsection 102.6, Historic Buildings, Section 108, Board of Appeals, is deleted from the IFC and is of no force or effect in this chapter.
2. Subsection 101.1, Title, of the IFC is hereby deleted and there is enacted in lieu thereof the following section:
101.1 Title. These regulations shall be known as the Fire Code of Windsor Heights, Iowa, hereinafter referred to as “this code.”
3. The title of Section 103, Department of Fire Prevention, of the IFC is hereby repealed and replaced with a new title, to read as follows:
SECTION 103 FIRE MARSHAL’S OFFICE
4. Subsection 103.1, General, of the IFC is hereby modified by replacing the words Department of Fire Prevention with the words Fire Marshal’s Office, as follows:
103.1 General. The Fire Marshal’s Office is established within the jurisdiction under the direction of the Fire Code official. The function of the department shall be the implementation, administration, and enforcement of the provisions of this code.
5. Subsection 103.4.1, Legal Defense, of the IFC is hereby amended by replacing the words Department of Fire Prevention with the words Fire Marshal’s Office, as follows:
103.4.1 Legal defense. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The Fire Code official or any subordinate shall not be liable for costs in an action, suit, or proceeding that is instituted in pursuance of the provisions of this code; and officers of the Fire Marshal’s Office, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.
6. Subsection 104.3, Right of Entry, of the IFC is hereby amended by adding a second paragraph in order after said subsection to read as follows:
No owner or occupant or any other person having charge, care, or control of any building or premises shall fail or neglect, after proper demand is made as herein provided, to properly permit entry therein by the Fire Chief or an authorized representative for the purpose of inspection or examination under such exigent circumstances affecting the safety of persons and/or property, or to take such prudent action to extinguish a fire or abate a fire hazard.
7. Subsection 104.3, Right of Entry, of the IFC is hereby amended by adding subsection 104.3.2, Photographic Documentation, to read as follows:
104.3.2 Photographic documentation. Members of the Fire Department making such examinations, inspections, or enforcements shall have the right, with proper credentials, and be authorized to take a reasonable number of photographs or videotapes for evidence and for records for use by the Fire Department to study hazards and scientific control for fire safety.
8. Subsection 104.4, Identification, of the IFC is hereby amended by adding subsection 104.4.1, Impersonation, to read as follows:
104.4.1 Impersonation. A person shall not impersonate the Fire Code official or his designee through the use of a uniform, identification card, badge, or any other means. And such impersonation shall be a violation of this code.
9. Section 104, General Authority and Responsibilities, of the IFC is hereby amended by adding subsection 104.13, Stopping Use, Evacuation, to read as follows:
104.13 Stopping use, evacuation. The Fire Code official is authorized to order an operation or use stopped or the evacuation of any premises, building, or vehicle or portion thereof which has or is a fire life safety hazard.
10. Subsection 105.1.2, Types of Permits, of the IFC is hereby amended by adding the following paragraphs to said subsection:
105.1.2.1 Certificate of occupancy. A certificate of occupancy issued pursuant to provisions of the International Building Code may be assumed to comply with Section 1, Operational Permit.
150.1.2.2 Other permits. Building, Mechanical, Electrical, and Plumbing permits issued pursuant to provisions of their respective codes may be assumed to comply with Section 2, Construction Permit.
11. Section 106, Inspections, of the IFC is hereby amended by adding subsection 106.5, Compliance with Orders and Notices, to read as follows:
106.5 Compliance with orders and notices. Orders and notices issued or served as provided by this code shall be complied with by the owner, operator, occupant, or other person responsible for the condition or violation to which the order or notice pertains. In case of extreme danger to persons or property, immediate compliance is required.
12. Subsection 108.1, Board of Appeals Established, of the IFC is hereby repealed and replaced with a new section, as follows:
108.1 Board of Appeals established.
13. Subsection 113.3, Work Commencing Before Permit Issuance, of the IFC is hereby amended by adding the following sentence after said subsection:
Said fee shall be 100 percent of the usual permit fee in addition to the required permit fee.
14. Subsection 113.6, Permit Fees and Departmental Charges, is added as follows:
113.6 Permit fees and departmental charges. The City Council of the City of Windsor Heights, Iowa, may by resolution prescribe the occasions when permits are required and may also prescribe the fees required for such permits. The City Council of the City of Windsor Heights, Iowa, may by resolution prescribe the occasions when other fees for response or other fire department services are required.
15. Chapter 1, Scope and Administration, of the IFC is hereby amended by adding Section 114, Citations, and following subsections to read as follows:
SECTION 114 CITATIONS
114.1 Citation. Persons operating or maintaining an occupancy, premises, or vehicle subject to the requirements of this code who allow a hazard to exist, or fail to take immediate action to abate a hazard in regard to such occupancy, premises, or vehicle, when ordered or notified to do so by the Fire Code official shall be guilty of a misdemeanor. Fire code officials, or designees, are herewith authorized to issue and deliver citations on forms prepared and approved by the City of Windsor Heights, Iowa, to persons accused of violating any of the provisions of this chapter.
114.2 Failure to Pay Civil Citation. A default in the payment of a fine or penalty or any installment of a fine or penalty may be collected by any means authorized for the collection of monetary judgments. The City Attorney may retain attorneys and/or private collection agents for the purpose of collecting any default in payment of any fine or penalty or installment of the fine or penalty. Any fees or cost incurred by the City with respect to attorneys or private collection agents retained under this Section shall be charged to the offender.
16. Chapter 1, Scope and Administration, of the IFC is hereby amended by adding Section 115, Licenses and Plan Review, and following subsections to read as follows:
SECTION 115 LICENSE AND PLAN REVIEW
115.1 Licenses. All installations, modifications, maintenance, or servicing of life safety systems are to be performed by an approved licensed business or person. A business or person shall obtain a license to do work in the City of Windsor Heights from the West Des Moines Finance Director Office.
115.2 Life Safety Plans. All life safety plans submitted for review shall include, but not be limited to, fire sprinkler system plans, fire alarm plans, and clean agent system plans, shall be designed and stamped by a person with a minimum of NICET III certification, fire protection engineer, qualified engineer with two (2) years’ demonstrated experience in life safety system design, or equivalency, as determined by the Code Official. Plan approval will be based upon the plans submitted by the equipment supplier utilizing the above requirements.
115.3 Penalties for Violation of Licenses. Violation of rules and regulations pertaining to licensing shall result in a fine of $500.00 for the first violation. A second violation within one year of license issuance shall result in a fine of $750.00. A third violation within one year of license issuance shall result in a fine of $1,000.00 and revocation of the license for the remainder of the license issuance period.
17. Chapter 1, Scope and Administration, of the IFC is hereby amended by adding Section 116, Inspection Tags, and following subsection to read as follows:
SECTION 116 INSPECTION TAGS
116.1 General. Tags for inspection of fire suppression systems, fire extinguishers, and fire alarm systems are required to be purchased from West Des Moines Fire Prevention Bureau for use in the City of Windsor Heights. West Metro tags are also acceptable.
18. Chapter 1, Scope and Administration, of the IFC is hereby amended by adding Section 117, Additions to Buildings or Structures, and following subsections to read as follows:
SECTION 117 ADDITIONS TO BUILDINGS OR STRUCTURES
117.1 General. Additions to buildings or structures shall comply with all of the requirements of Section 903.2 of the Code for new buildings or structures. The entire building or structure, existing and proposed additions, shall comply with all of the requirements of the fire sprinkler Section 903.2 of the Fire Code for new buildings and structures when the total square footage of the building exceeds 5,999 square feet, including outside wall dimensions, attached overhangs, and structures within 20 feet of the footprint of the building.
117.2 Occupancy Requirement. When a building is used for more than one occupancy purpose or use, the entire building shall meet the requirements of the fire sprinkler Section 903.2 of the Fire Code based on the requirements for the most restrictive occupancy group as defined in Chapter 2 of the 2012 International Fire Code.
19. Section 202, General Definitions, of the IFC shall be amended by adding the following definitions:
ALARM USER. Any person or business on whose premises a fire alarm system or sprinkler system is located within the City of Windsor Heights, Iowa.
CHARCOAL GRILL. An outdoor cooking device using solid fuels as a heat source for cooking food. Examples are (not limited to): charcoal, wood, wood chips, coal, or coke.
FALSE ALARM. The willful and knowing initiation or transmission of signal, message or other notification of an event of fire when no such danger exists or an alarm caused by careless use, improper maintenance, or negligence of a fire alarm system or sprinkler system which causes response of fire department apparatus and personnel.
MULTIFAMILY COMPLEX/DEWLING. A residential occupancy such as apartment building, condominium, or townhouse, or similar buildings with similar use.
QUALIFIED PERSON.
Sprinkler or fire alarm system design. A qualified person for plan design shall have the minimum National Institute for Certification in Engineering Technologies (NICET) Level III certification for sprinkler system design OR have NICET Level III certification for fire alarm system design. Other qualifications for sprinkler or fire alarm system design may be approved by the Fire Code official, including a licensed engineer with experience in life safety system design.
Sprinkler system installation or inspection, testing, and maintenance. A qualified person for automatic sprinkler system installation shall have a minimum National Institute for Certification in Engineering Technologies (NICET) Level II certification for automatic sprinkler system installation. A qualified person for automatic sprinkler system inspection, testing, and maintenance shall have a minimum NICET Level II certification for automatic sprinkler system inspection and testing of water based systems. Other qualifications for fire sprinkler system installation or inspection, testing, and maintenance may be approved by the Fire Code official, including a person who successfully completes a five-year approved apprenticeship program as a journeyman sprinkler fitter (e.g., American Fire Sprinkler Association [AFSA], National Fire Sprinkler Association [NFSA]).
Fire alarm system installation or inspection, testing, and maintenance. A qualified person for fire alarm system installation shall have a minimum National Institute for Certification in Engineering Technologies [NICET] Lever II certification for fire alarm systems OR be factory trained and certified for the specific fire alarm system, OR be international municipal signal association fire alarm certified, OR be a trained and qualified person employed by an organization listed by a national testing laboratory for the servicing of fire alarm systems. Other qualifications may be approved by the Fire Code official.
20. Section 305, Ignition Sources, of the IFC is hereby amended by adding Subsection 305.5, Reckless Use of Fire, to read as follows:
305.5 Reckless Use of Fire. No person shall so use fire or discharge any incendiary device or material as to recklessly endanger any property or safety of another.
21. Section 307.2, Permit Required, of the IFC is hereby amended by adding Subsection 307.2.2, Businesses that Sell Fire Pits, Chimineas, Sky Lanterns, and other Outdoor Recreational Devices, to read as follows:
307.2.2 Businesses that sell fire pits, Chimineas, sky lanterns, and other outdoor recreational devices. Within the City limits of Windsor Heights, any business that sells fire pits, sky lanterns, and other outdoor recreational fire/ember producing devices are required to have signage installed on the display devices notifying customers these devices may not be allowed to be used in the City of Windsor Heights.
(Subsection 21 - Ord. 22-08 - Oct. 22 Supp.)
22. Subsection 308.1.4, Open-Flame Cooking Devices, of the IFC is amended by deleting exception 2 to renumber and read as follows:
308.1.4. Open-flame cooking devices. Charcoal burners and other open-flame cooking devices which produce ash or embers shall not be operated on combustible balconies or within 10 feet of multi-story buildings, such as apartment buildings and/or condominiums. Cooking devices and/or propane cylinders shall not be stored inside the living unit of apartment buildings and/or condominiums. A maximum of one 20-pound propane cylinder attached to the cooking device shall be allowed per living unit.
Exceptions:
1. One- and two-family dwellings.
2. LP-gas cooking devices having LP-gas container with a water capacity not greater than 47.7 pounds
23. Subsection 308.1, General, of the IFC is amended by adding the subsection 308.1.9, Projection of Ignited Materials, to read as follows:
308.1.9 Projection of ignited materials. No person shall drop, throw, or release into the atmosphere ignited material from the ground, a structure, or vehicle.
24. Subsection 401.3, Emergency Responder Notification, of the IFC is amended by adding subsection 401.3.4,
False Alarm,
to read as follows:
401.3.4 False alarm. An alarm user may be charged a fee for each false alarm to which the Fire Department responds.
25. Subsection 405.2, Frequency, is amended by adding subsection 405.2.2,
Fire Drills for E Occupancies,
to read as follows:
405.2.2 Fire drills for E occupancies. The Fire Chief may require a fire drill at any E occupancy at any time.
26. Section 503, Fire Apparatus Access Roads, is amended by adding subsections 503.7,
Fire Marshal Authority to Designate Fire Lanes,
503.8,
Signs and Markings,
503.9,
Summons to be Issued for Parking Violation,
503.10,
Removal of Vehicle by Property Owner,
503.11,
Removal of Vehicle by Fire Chief, 503.12, Abandonment of Fire Lane,
and 503.13,
Maintenance of Fire Lane,
to read as follows:
503.7 Fire Marshal authority to designate fire lane. The Fire Marshal is hereby authorized to designate fire lanes on designated premises where such areas must be free of parked vehicles and other obstructions to provide ready access to buildings, therein, in case of fire or other emergencies. The Fire Marshal’s designation of such fire lanes does not obviate the owners of such property of their responsibility to maintain the area. Further, owners of the private property or their designated representative may request that additional fire lanes be designated by the Fire Marshal.
503.8 Signs and markings. Wherever a fire lane has been designated, the Code Official shall cause appropriate signs and markings to be placed identifying such fire lane. Fire lanes may be painted traffic red in addition to fire lane signage. Fire lane signs shall be permanently mounted and the front of the sign set 90 degrees to the street facing the direction of travel, or as otherwise approved by the Code Official. Signs shall be 18 inches tall by 12 inches wide with red letters on a white reflective background to read “Fire Lane—No Parking Except for Emergency Vehicles, Fine $50.00,” unless otherwise directed and approved by the Code Official, conforming to State law.
503.9 Summons to be issued for parking violation. A summons or notice to appear in answer to a charge of parking in violation of this section specifying the location of the fire lane in which such violation occurred and the date and time of such violation, may be issued by any police officer or any member or the Fire Department designated by the Fire Chief.
503.10 Removal of vehicle by property owner. Except for an authorized emergency vehicle, the owners of private property, or their agent, may have any motor vehicle that is parked in a legally designated fire lane removed and stored, either at their own expense or that of the vehicle operator. The owners of the premises, or their agent, who has a vehicle removed and stored, is not liable for damages incurred as a result of removal or storage, if the vehicle is removed by a vehicle wrecker service insured against liability for property damage incurred in towing vehicles and is stored by a storage company insured against liability for property damage incurred in the storage of vehicles.
503.11 Removal of Vehicle by Fire Chief. Any vehicle parked in any designated fire lane may be removed at the vehicle owner’s expense upon the authorization of the Fire Chief under the following conditions:
1. When the vehicle violates Ordinance number WH60.10.07.23 (the Fire Lane Ordinance) by parking in a fire lane; or
2. When a vehicle blocks the ingress/egress of a business, educational facility, theater, night club, apartment complex, gymnasium, or place of assembly; or
3. When a vehicle’s presence threatens the life safety of the public by impeding the ability of the fire apparatus and emergency medical equipment to respond to an emergency.
The Fire Chief shall cause such vehicle to be removed by the towing service operating under a contract with the City and shall further cause such vehicle to be impounded.
503.12 Abandonment of fire lane. No owner, manager, or person in charge of any premises served by a required fire lane shall abandon or close any such fire lane without the written permission of the Fire Marshal.
503.13 Maintenance of fire lanes. Maintenance of the fire lane signage and painting shall be the responsibility of the property owner/tenant.
27. Section 506, Key Boxes, is amended by adding subsection 506.3, Key Box (Installation Requirements) to read as follows:
506.3 Key box installation requirements. Buildings provided with an alarm system or a sprinkler system shall be provided with a key box at the front of the building, typically adjacent to the main front door(s) at a height of five (5) feet above grade or at a location approved by the Code Official.
28. Subsection 507.5, Fire Hydrant Systems, of the IFC is hereby amended by adding subsection 507.5.7, Fire Hydrant Markers and Identification Color, to read as follows:
507.5.7 Fire hydrant markers and identification color. When required by the Code Official, hydrant locations shall be identified by the installation of an approved reflective marker. Both public and private hydrants shall be painted to the City of Des Moines Water Works specifications.
29. Section 806, Decorative Vegetation in New and Existing Buildings, of the IFC is hereby amended by adding subsection 806.6, Length of Display to read as follows:
806.6 Length of Display. No cut natural Christmas tree shall be displayed in a nonresidential occupancy for more than 15 days from the date it was purchased or cut, whichever is sooner.
30. Subsection 807.4.3.2, Artwork, of the IFC is hereby amended to read as follows:
807.4.3.2 Artwork. Artwork and teaching material shall be limited to the walls of corridors and classroom walls to not more than 20 percent of the wall area.
31. Subsection 906.5, Conspicuous Location, of the IFC is hereby amended by adding a second paragraph in order to read as follows:
906.5 Conspicuous location. In addition to other areas listed herein or in NFPA 10, fire extinguishers in R occupancies may also be placed in any of the following locations to satisfy the requirements.
1. On a wall in the unit.
2. Inside the closet or pantry, mechanical closet, or storage closet as long as the door has a label indicating that there is a fire extinguisher inside and there is no locking device on the door that requires a key, combination, or special knowledge to open.
32. Subsection 907.2.11, Single and Multi-Station Smoke Alarms, of the IFC is hereby amended by deleting said subsection and inserting in lieu thereof the following:
907.2.11 Single and multi-station smoke alarms. Listed single and multi-station smoke alarms complying with UL 217 shall be installed in accordance with provisions of the code and the household fire warning equipment provisions of NFPA 72. Smoke alarms shall be addressable with sounder bases and tied into the building fire alarm system as a supervisory signal only. Mini horns are not required if notification from a building fire alarm system is through the smoke alarms with sounder bases. Note: Section 907.2.11 only applies to R-1, R-2, R-4 and I-1 occupancy classifications.
33. Section 1004, Occupant Load, of the IFC is hereby amended by adding Subsection 1004.7, Overcrowding, to read as follows:
1004.7 Overcrowding. Overcrowding and admittance of persons beyond the approved capacity of a place of assembly are prohibited. The Fire Code Official, upon finding overcrowding conditions, obstructions in aisles, passageways, or other means of egress, or upon finding a condition which constitutes a serious menace to life, is authorized to cause the performance, presentation, spectacle, or entertainment to be stopped until such condition or obstruction is corrected.
34. Subsection 1007.2, Continuity and Components, of the IFC is amended by adding the following paragraph 11 to said subsection to read as follows:
1007.2 Continuity and components.
11. Components of exterior walking surfaces shall be hard surfaced.
35. Subsection 1008.1.6, Landings at Doors, of the IFC is hereby amended by adding subsection 1008.1.6.1, Frost Protection, to read as follows:
1008.1.6.1 Frost protection. Exterior landings at doors shall be provided with frost protection.
36. Subsection 1009.15, Handrails, of the IFC is amended by adding the following exception to said subsection to read as follows:
1009.15 Handrails.
Exceptions.
6. Change in elevation of four or more risers within individual units of Group R-2 and R-3 occupancies requires a handrail on at least one side.
37. Subsection 1012.4, (Handrail) Continuity, of the IFC is amended by adding the following exception to said subsection to read as follows:
1012.4 Continuity.
Exceptions.
5. Handrails within a dwelling unit or serving an individual dwelling unit of groups R-2 and R-3 shall be permitted to be interrupted at one location in a straight stair when the rail terminates into a wall or ledge and is offset and immediately continues.
38. Subsection 1027.5, Access to a Public Way, of the IFC is amended by adding subsection 1027.5.1, Walking Surfaces, to read as follows:
1027.5.1 Walking surfaces. Components of exterior walking surfaces shall be hard surfaced.
39. Subsection 1029.3, Maximum Height from Floor, of the IFC is hereby amended by adding the following exception after said subsection to read as follows:
1029.3 Maximum height from floor.
Exception. Within individual units of Group R-2 and R-3 occupancies where a window is provided as a means of escape and rescue opening from a basement, it shall have a sill height of not more than 44 inches above the floor of landing. Where a landing is provided, the landing shall be not less than 36 inches wide, not less than 18 inches out from the exterior wall, and not more than 24 inches in height. The landing shall be permanently affixed to the floor below and to the wall under the openable area of the window it serves.
40. Chapter 11, Construction Requirements for Existing Buildings, of the IFC is amended by adding the following subsections: 1103.7.6.1, Manual Fire Alarms, Group R-2, Including Multi-Family Rental Dwelling Units and Buildings, 1103.9.1, Carbon Monoxide Alarms, Group R-2, Including Existing Multi Family Rental Units and Buildings, 1104.3.1, Exit Sign Illumination, Group R-2, Including Existing Multi Family Rental Dwellings Units and Buildings, 1104.5.1, Illumination Emergency Power, Group R-2, Including Existing Multi-Family Rental Dwelling Units and Buildings, and an effective date for these requirements in multi-family residential buildings including rental dwelling units to read as follows:
1103.7.6.1 Manual fire alarms, Group R-2, including multi-family rental dwelling units and buildings. Effective July 1, 2015, a manual fire alarm system shall be installed in buildings with more than 16 units in accordance with subsection 1103.7.6 of the IFC and for rental dwelling units and buildings shall be confirmed no later than the next rental registration renewal inspection thereafter.
1103.9.1 Carbon monoxide alarms, Group R-2, including existing multi-family rental units and buildings. Effective July 1, 2015, carbon monoxide alarms shall be installed in accordance with subsection 1103.9 of the IFC and for rental dwelling units and buildings shall be confirmed no later than the next rental registration renewal inspection thereafter.
1104.3.1 Exit sign illumination, Group R-2, including existing multi-family rental dwelling units and buildings. Effective July 1, 2015, exit sign illumination shall be installed in accordance with subsections 1104.3 and 1104.4 of the IFC and for rental dwelling units and buildings shall be confirmed no later than the next rental registration renewal inspection thereafter.
1104.5.1 Illumination emergency power, Group R-2, including existing multi-family rental dwelling units and buildings. Effective July 1, 2015, illumination emergency power shall be installed in accordance with subsection 1104.5 of the IFC and for rental dwelling units and buildings shall be confirmed no later than the next rental registration renewal inspection thereafter.
41. Subsection 5003.5, Hazard Identification Signs, of the IFC is hereby amended by adding subsection 5003.5.2, Iowa Right to Know, to read as follows:
5003.5.2 Iowa right to know. Hazard identification signs shall also comply with the Iowa Right to Know law.
42. Subsection 5601.7, Seizure, of the IFC is hereby amended by adding subsection 5601.7.1, Seizure of Fireworks, to read as follows:
5601.7.1 Seizure of fireworks. Except as hereinafter provided, it shall be unlawful for any person to possess, store, to offer for sale, sell at retail, or use or explode any fireworks; provided, the Fire Code official or authorized official may issue permits for supervised public displays of fireworks by jurisdiction, fair association, amusement parks, and other organizations for the use of fireworks by artisans in pursuit of their trade in accordance with the Fire Code. Every such use or display shall be handled by a competent operator approved by the Fire Code official or authorized official and shall be of such character and so located, discharged, or fired so as, in the opinion of the Fire Code official, after proper investigation, not to be hazardous to property or endanger any person. The Fire Code official or authorized official shall seize, take, remove, or cause to be removed at the expense of the owner all stocks of fireworks offered, or exposed for sale, stored, or held in violation of this section.