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HomeMy WebLinkAbout2023-06-20 OrdinancePrepared By:Danielle Sitzman, Development Services Coordinator Reviewed By:Tim Hennes, Senior Building Inspector Sue Dulek, First Assistant City Attorney Geoff Fruin, City Manager Fiscal Impact:None Staff Recommendation:Approval Commission Recommendations:The Board of Appeals recommended approval of the proposed ordinance at its meeting May 1, 2023. Attachments:Staff Memo to Board of Appeals Board of Appeals 5-1-23 minutes DRAFT Ordinance Item Number: 10.c. June 20, 2023 Ordinance amending Title 17, Chapter 1, Building Code, by adopting the International Building Code, 2021 edition, including Appendix K, and the International Residential Code, 2021 edition, including Appendix F and Appendix J, and providing for certain amendments thereof; adopting section 103.6(1)(a) of the Code of Iowa (the state electrical code) and section 105.4(1)(a) of the Code of Iowa (the state plumbing and mechanical codes); to provide for the protection of the health, welfare and safety of the residents of Iowa City, Iowa and Title 17, Chapter 12 to clarify the process for Building Code appeals. (Second Consideration) Executive Summary: The City regulates the construction, alternation, relocation, enlargement, replacement, repair, equipment, use and occupancy of residential and commercial structures through the adoption of building codes. This is accomplished, in part, through the adoption of the International Code Council’s model codes which are published on a three-year cycle. The proposed ordinance includes the most recent edition of the model codes along with local amendments. The Board of Appeals, at their public meeting on May 1, 2023, voted to recommend approval of the ordinance as proposed. Background / Analysis: A model building code is a building code that is developed and maintained by a standards organization independent of the jurisdiction responsible for enacting the building code into law. A local government can choose to adopt a model building code as their own. This saves local governments the expense and trouble of developing their own codes. The International Codes, or I-Codes, are model codes published by the International Code Council (ICC) and developed by ICC Members to provide minimum safeguards for homes, buildings and other structures. ICC uses a governmental consensus process to develop its codes. The City of Iowa City is a voting member of this organization and participates in national code development. Based on building science, technical knowledge and past experiences, model building codes provide protection from human-made and natural disasters, guard public health and reduce property losses. The State of Iowa imposes a combination of State required codes and locally adopted codes upon local jurisdictions. As part of the last code update in 2019, the City has amended its codes to conform to State regulations requiring all local jurisdictions to adopt the State Plumbing, Mechanical, and Electrical Codes. The State also adopts a version of the International Energy Conservation Code (IECC) which is required to be enforced for all occupancies state wide by local government enforcement agencies. Local jurisdictions have the option of adopting the remaining State adopted International Building Code (IBC) and International Residential Code (IRC) codes or a stricter code as determined by the jurisdiction. The proposed ordinance continues to adopt the required State codes and locally amended versions of the IBC and IRC model codes. The attached memo from Tim Hennes, Senior Building Inspector as presented to the Board of Appeals, highlights the notable changes between the 2018 and 2021 model codes and the local amendments. Very few significant changes were included in this code cycle. Many of the proposed local amendments simply maintain existing practices. The proposed changes were developed in collaboration with other jurisdictions in the Iowa City/Cedar Rapids corridor to ensure as much consistency as possible. Information on the code adoption process was also shared with the Iowa City Home Builders Association (HBA). Adopting the 2021 IBC and IRC codes with amendments as proposed will maintain consistency with national, state and surrounding jurisdictions, allow designers and builders uniform standards for design, provide protection from human-made and natural disasters, guard public health and reduce property losses. MEMORANDUM Date: April 25, 2023 To: Iowa City Board of Appeals From: Tim Hennes, Senior Building Inspector Re: Notable Changes Contained in the 2021 Edition of Building Codes. Following are significant changes made by local amendments and notable changes between the 2018 codes and the 2021 codes. Building Codes The majority of amendments to the building codes are for clarification of a code requirement, to reflect local practices that have evolved from previous building codes and their amendments and to remain consistent with the Fire Code as amended. Following are notable changes or proposed new amendments: Section R302.5.1: Delete the requirement that requires house to garage doors to have self-closing devices. Comment: The amendment to delete the requirement maintains current requirements. The amendment does not prohibit someone from installing such device. Section R302.13: Delete the requirement to protect the underside of floor/ceiling assemblies in unfinished basements. Comment: This amendment eliminates the requirement to drywall the ceiling or sprinkle an unfinished basement ceiling. The amendment to delete the requirement maintains current requirements. The amendment does not prohibit someone from installing such protection. Section R312.2 (IRC) & 1015.8 (IBC): Delete the requirement to install guards on operable windows that are located less than 24” above the floor and more than 72” above the finish surface on the exterior of the building. Comment: The amendment eliminates the requirement to install guards on all operable windows that meet specified location criteria. The requirement is not consistent with other guard location criteria requirements and could conflict with emergency and escape window opening requirements. The amendment to delete the requirement maintains current requirements. This amendment does not prohibit the installation of fall protection devices on windows. Section R313: Delete the requirement to install a fire sprinkling system in one- and two- family dwelling and townhouses. Comment: This amendment eliminates the requirement for structures regulated by the IRC have an automatic fire suppression system installed. The amendment to delete the requirement maintains current requirements. The amendment does not prohibit the installation of a automatic fire suppression system. Section R314.4: Delete the requirement to interconnect smoke alarms when a home is being altered, repaired or an addition is added. Comment: This amendment eliminates the requirement for smoke alarms to be interconnected when a home is being altered, repaired or an addition is added. Previous codes have not required this extensive of an update and eliminating the requirement does not forgive the requirement to install battery operated smoke alarms when alterations, repairs or additions. The amendment to delete the requirement maintains current requirements. The amendment does not prohibit someone from installing such protection. Section R320.3: Add section to include eight provisions to implement universal design features that provide accessibility, usability and visit-ability for all. Comment: The amendment applies only to new dwelling units and is not required for existing structures for repairs, alterations, change of occupancy or additions unless the square footage of the addition is more than 25% of the existing structure, then, the addition must comply. The amendment maintains current requirements. The minimum usability requirements are as follows: 1. Step-less Entrance: At least one entrance must be designed to provide a step-less entry. 2. Interior doors: At least one bedroom and one bathroom, if either are provided, and all other passage doorway header widths, on the level served by the designed step-less entrance, must be framed to accommodate a minimum 38” clear rough opening. The framing for the doorway width opening may be reduced to accommodate any door size. 3. Sanitation facilities: There must be at least one bathroom containing a water closet (toilet) and lavatory (sink) on the level of the dwelling to be accessed by the designed step-less entrance. The room shall have a minimum thirty inches (30") by forty-eight inches (48") clear floor space at the water closet and lavatory. 4. Wall Reinforcement: A bathroom must be provided with wood blocking installed within wall framing to support grab bars as needed. 5. Decks: All exterior decks surfaces adjacent to the level served by the designed step-less entrance must be built within four inches (4") of the dwelling units finish floor level. 6. Switch and outlet requirements: All wall switches, controlling light fixtures, fans, all temperature control devices and all receptacles shall be located in an area between fifteen (15) and forty-eight (48) inches above finished floor. 7. Electrical panel requirements: : Electrical panels on the level of the dwelling to be accessed by the designed step-less entrance shall be located so that the individual circuit breakers are located between 15" and 54 " above the floor. 8. Garages: Must be wired for power operated overhead doors. Section R327: Delete Section R327 Swimming Pools, Spas and Hot Tubs. Comment: This section was moved to the body of the code from the appendix in the previous code cycle. Deleting it results in no change of enforcement for pools, spas and hot tubs. They are still regulated by the electrical and zoning code. Adoption of Appendices (IRC and IBC) Appendix F (IRC) – Radon Control Methods: Amend the code provision to remove the requirement for testing for radon prior to moving into a house. The amendment does not prohibit testing prior to occupancy. Comment: We are in a region known to have high levels of radon gas and this code provision requires a passive radon system in new homes and additions to existing homes. A pipe installed from below the basement floor up through the roof will serve as a passive radon system and has the capability of becoming an active system with the addition of a fan. Appendix J (IRC): Existing Buildings and Structures: Adopt Appendix J Comment: The purpose of these provisions is to encourage the continued use or reuse of legally existing buildings and structures. These provisions are intended to permit work in existing buildings that is consistent with the purpose of this code. Appendix K (IBC) – Administrative Provisions: Adopt Appendix K Comment: These provisions are intended to be a tool for jurisdictions to implement and enforce the National Electrical Code while using administrative provisions that are consistent with the International Code Council family of codes. This will allow us to reference the State Electrical Code without needing a separate ordinance to lay out our administrative provisions. Existing Building Code (multifamily and commercial) Adopted by reference: Section 102.6 in the International Building Code directs us to the International Existing Building Code (IEBC) for existing structures. Comment: The IEBC allows and encourages the use and reuse of existing buildings while requiring reasonable upgrades and improvements for alterations, repairs, additions, occupancy change, historic and relocated buildings. Energy Code Adopt by reference the State Energy Code: Comment: The State of Iowa adopted the 2012 International Energy Conservation Code (IECC). Referencing the state energy code provides consistency for designers and builders. Accessibility Code Adopted by reference the State Accessibility Code: Comment: The State of Iowa Accessibility Code is based on the 2010 ADA Standards for Accessible Design and requirements of the federal Fair Housing Act. Adopting the state accessibility codes by reference provides consistency for designers and builders. Plumbing and Mechanical Codes Adopt by reference the State Plumbing and Mechanical Codes: Comment: Iowa Code Section 105.4 requires local jurisdictions to adopt the State Plumbing and Mechanical Code. Adopting the state plumbing and mechanical codes by reference provides consistency for designers and builders. Electrical Code Adopt by reference the State Electrical Code: Comment: Iowa Electrical Code applies to all electrical installations across the state and cities cannot adopt or enforce an electrical code less restrictive than the State Electric Code. Adopting the State Electrical Code by reference provides consistency for designers and builders. cc: Tracy Hightshoe, Director, Neighborhood and Development Services Danielle Sitzman, Coordinator, Development Services 1 DRAFT MINUTES IOWACITYBOARDOFAPPEALS May 1, 2023 –4 PM HELLING CONFERENCE ROOM,CITYHALL 410 E. WASHINGTON STREET IOWA CITY, IA52240 MEMBERSPRESENT:AndreaFrench, Andrew Martin,Thomas McInerney, GT Karr MEMBERS ABSENT:Jim Walker STAFF PRESENT:Tim Hennes (Sr. Building Inspector),Sarah Horning (Development Services Assistant), Troy Roth (Fire Marshal), Sue Dulek (Assistant City attorney) RECOMMENDATIONS TO COUNCIL: Adoption of 2021 International Building and Fire Codes CALL TO ORDER: Chair Andrew Martin called the meeting to order at 4 PM CONSIDERATION OF MINUTES: April 5, 2023 Board of Appeals minutes MOTION:McInerney moved to approve the minutes from the April 5, 2023 Board of Appeals meeting. Seconded by French. VOTE:Motion passed 4-0. Discussion and possible recommendation to Council regarding the adoption of the 2021 International Building and Fire Codes. DISCUSSION:Martin commented that the new code seems to have been amended to keep it the way it is now. Tim Hennes agreed and stated that the main difference between the 2018 and 2021 codes is that the new code allows for mass timber construction , which allows for up to 18 stories be constructed of wood. Hennes also noted that the city’s delay in adopting the new code was due to the discussion of the state legislatures adopting a state building code, which would have taken building codes out of the hands of the city all together and since that did not happen, the staff chose to move forward with the adoption of the 2021 codes. Hennes stated that the city has worked with neighboring jurisdictions (Johnson County, North Liberty, Coralville & Tiffin) to be consistent with code enforcement and Roth shared that the four communities are near identical when it comes to the fire code. MOTION:McInerney moved to recommend to Council to adopt the 2021 International Building and Fire Codes as amended.Seconded by Karr. VOTE:Motion passed 4-0. ADJOURNMENT: MOTION:McInerney moved to adjourn meeting, French seconded. VOTE:Motion passed 4-0. Meeting adjourned at 4:10 PM. 2 Chairperson, Board of Appeals Date 6° Prepared by: Danielle Sitzman, Building Official, 410 E. Washington St., Iowa City, IA 52240 Ordinance No. 23-4903 Ordinance amending Title 17, Chapter 1 , Building Code, by adopting the International Building Code, 2021 edition, including Appendix K, and the International Residential Code, 2021 edition, including Appendix F and Appendix J, and providing for certain amendments thereof; adopting section 103.6(1 )(a) of the Code of Iowa (the state electrical code) and section 105.4(1 )(a) of the Code of Iowa (the state plumbing and mechanical codes); to provide for the protection of the health, welfare and safety of the residents of Iowa City, Iowa and Title 17, Chapter 12 to clarify the process for Building Code appeals. Whereas, the current building code is the 2018 edition of the International Building Code (IBC) and the International Residential Code (IRC), and the City should adopt the 2021 editions of those codes; and Whereas, for purposes of uniformity throughout the State, the State Code requires all local jurisdictions to adopt the State Plumbing and Mechanical Codes; and Whereas, the Fuel Gas Code is contained in the State Plumbing Code; and Whereas, for uniformity in greater Johnson County area, the City should adopt the State Electrical Code; and Whereas, the City Code should be amended to reflect current practice that members of the public, and not just the person submitting the appeal, may address the Board of Appeals during hearings on the Building Code; and Whereas, the purpose of this ordinance is to provide for the protection of the health, welfare and safety of the residents of Iowa City, Iowa. Now, therefore be it ordained by the City Council of the City of Iowa City, Iowa: Section I. 1. Sections 17-1, 17-2, 17-3 and 17-4 of the Iowa City Code are hereby repealed and the following new Sections 17-1, 17-2, 17-3 and 17-4 are enacted in lieu thereof. 17-1-1: Codes adopted: Subject to the following amendments, the 2021 edition of the International Building Code (IBC) including Appendix K, electrical administrative process, and 2021 edition of the International Residential Code (IRC) including Appendix F, radon control methods, Appendix J, Existing Buildings and Structures, are adopted. Additionally, the City further adopts, Section 103.6(1)(a) of the Iowa Code (the Iowa State Electrical Code), Section 105.4(1)(a) of the Iowa Code (the Iowa State Mechanical Code and the Iowa State Plumbing Code). Collectively, they shall be known as the Iowa City building code or the building code. Interpretations of the building official may be guided by publications of the International Code Council, Inc., or the International Existing Building Code. 17-1-2: Interpretation of Building Code provisions: The provisions of this Code shall be held to be the minimum requirements adopted for the protection of the health, safety and welfare of the residents of Iowa City. Ordinance No. 23-4903 Page 2 17-1-3: Amendments to code: The following sections of the 2021edition of the International Building Code and 2021 edition of the International Residential Code are amended as follows: Section R101.1 of the IRC and 101.1 IBC. Delete Section R101.1 of the IRC and 101 .1 of the IBC and insert in lieu thereof the following: R101.1/101.1 Title. These regulations shall be known as the Building Code of Iowa City, hereinafter referred to as "this code." Section R105.2 of the IRC and 105.2 of the IBC. Delete Section R105.2 of the IRC and 105.2 of the IBC and insert in lieu thereof the following: R105.2/105.2 Work Exempt from Permit. A permit shall not be required for the following: Building 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 144 square feet provided the structure is not located in a flood hazard area. 2. Fences not over 6 feet high. 3. Oil derricks 4. Retaining walls which are not over 4 feet in height measured from the top of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, li or III-A liquids. 5. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed two to one (2: 1 ). 6. Sidewalks and driveways not more than 30 inches above grade and not over any basement or story below and which are not part of an accessible route. 7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 8. Temporary motion picture, television and theater stage sets and scenery. 9. Prefabricated swimming pools which are less than twenty-four (24) inches deep, do not exceed five thousand (5,000) gallons and are installed entirely above ground. 10. Shade cloth structures constructed for nursery or agricultural purposes and not including service systems. 11. Swings and other playground equipment accessory to detached one and two-family dwellings. 12. Window awnings supported by an exterior wall which do not project more than 54 inches from the exterior wall and do not require additional support. 13. Movable cases, counters and partitions not over five (5)feet nine (9) inches in height. 14. For structures regulated by the IRC the reapplication of shingles provided The structure is not in a Historic Preservation Overlay Zone or is not an Iowa City Historic Landmark. Note: Applying solid sheathing over space sheathing is exempt from a permit.. 15. For structures regulated by the IRC reapplication of siding provided: The structure is not in a Historic Preservation Overlay Zone, or a Conservation District Overlay Zone, or is not an Iowa City Historic Landmark. 16. For structures regulated by the IRC replacing windows provided: a. Replacement window(s) is in compliance with Appendix AJ. b. The structure is not in a Historic Preservation Overlay Zone, or a Conservation District Overlay Zone, or is not an Iowa City Historic Landmark. 17. For structures regulated by the IRC replacing exterior doors, including garage doors, provided: a. Replacement door(s) is in compliance with Appendix AJ. b. Doors are not street facing doors i n a structure located in a Historic Preservation Overlay Zone or are not an Iowa City Historic Landmark. Note: screen and storm doors do not require a permit regardless of the location. Electrical: 1 . Portable motors or other portable appliances energized by means of a cord or cable having an 2 Ordinance No. 23-4903 Page 3 attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by this code. 2. Repair or replacement of fixed motors, transformers or fixed approved appliances of the same type and rating in the same location. 3. Temporary decorative lighting. 4. Repair or replacement of current-carrying parts of any switch, contactor, control device or contact device of the same type and/or rating. 5. Replacement of non-emergency over-current device of the required ampacity and interrupt rating in the same location. 6. Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems. 7. Temporary wiring for experimental purposes in suitable experimental laboratories. 8. The wiring for temporary theater, motion picture or television stage sets. Gas: 1. Portable heating, cooking or clothes drying appliances. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 3. Portable-fuel-cell appliances that are not connected to a fixed piping system, and are not interconnected to a power grid. Mechanical: 1. Portable heating appliances. 2. Portable ventilation appliances. 3. Portable cooling units. 4. Steam, hot- or chilled-water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 6. Portable evaporative coolers. 7. Self-contained refrigeration systems containing 10 pounds (4.54 kg) or less of refrigerant or that are actuated by motors of 1 horsepower (746 W) or less. 8. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. 9. The replacement of fixed appliances provided however that the replacement appliance is in the same location and has a rating equal to or less than the appliance being replaced, and it is not necessary to remove, replace, alter, or install any additional ductwork or piping. Plumbing: 1. The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. 3. The replacement or removal and reinstallation of any fixture or appliance, provided, however, • that the fixture or appliance is installed at the same location and it is not necessary to remove, replace, alter, or install any piping. Exemption from the permit requirements of this Code shall not be deemed to grant authorization for any work to be done in a manner in violation of the provisions of this Code or any other laws or ordinances of this jurisdiction. Section 105.8 of the IBC and 105.10 of the IRC. Add two new Sections 105.8 and 105.8.1 to the IBC and R105.10 and R105.10.1 to the IRC as follows: 3 Ordinance No. 23-4903 Page 4 105.8(IBC) R105.10(IRC) Demolition permits required. A demolition permit shall be required as follows: 1.For the removal of any building or structure. 2. For the removal of any portion of a building (i.e. porch, porch railing, decorative brackets and trim, dormers, chimneys, etc.) that is located within a Historic Preservation Overlay Zone or a Conservation District Overlay Zone, or is an Iowa City Historic Landmark. 105.8.1(IBC) and R105.10.1 Requirements. 1 . The applicant for any demolition permit shall state on the application the proposed disposal plans for all demolition materials. 2. No demolition permit shall be issued until seven (7) working days after the date an application has been properly filed and said demolition permit shall not be effective until applicant has posted the premises to be demolished with a notice to be provided by the City and as directed by the City. Exceptions: 1. Accessory buildings as defined in the Iowa City Zoning Ordinance provided they are not located within a Historic Preservation Overlay Zone or a Conservation District Overlay Zone or is an Iowa City Historic Landmark. 2. Dangerous buildings. Section 105.9 of the IBC and R105.11 of the IRC. Add two new Sections 105.9 to the IBC and R105.11 to the IRC as follows: 105.9 (IBC) and R105.11 (IRC) Permittee: 1. An electrical, plumbing or mechanical permit may be issued to any person holding a valid master license for the respective trade as described in Section 17-11-1 of the Iowa City Code, or to any company who employs a duly licensed master in the respective trade on a full-time basis who supervises the work of the apprentice and or journeymen during the company's normal business hours. 2. Homeowners of owner occupied, detached single family dwellings qualifying for the homestead tax exemption may acquire an electrical, plumbing and/or mechanical permits for their residence and accessory structures (not an apartment or rental unit or apartment building), not to include electrical dwelling service upgrade or replacement. Prior to issuing a permit to perform electrical work the homeowner shall pass the Iowa City Electrical Homeowner's exam. Owner occupied means the dwelling is the owner's principal residence. 3.The homeowner's test required in subsection 2 of this section may be waived if the applicant is a duly licensed electrician with a minimum of a journeyman status. Section R107.3 of the IRC and Section 108.3 of the IBC. Amend Section R107.3 of the IRC and Section 108.3 of the IBC as follows: R107.3 (IRC) 108.3 (IBC) Temporary Power: Replace the "NFPA 70" with "Iowa State Electrical Code." Section R108.2 of the IRC and Section 109.2 of the IBC. Delete Section R108.2 of the IRC and Section 109.2 of the IBC and insert in lieu thereof the following: R108.2 (IRC) 109.2 (IBC) Permit Fees and Valuations. The determination of permit fees and project valuation under any of the provisions of this Code shall be made by the Building Official. R108.2.1 (IRC) 109.2.1 (IBC) Valuations. Project Valuation: The total value of all construction work for which the permit is issued, including all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, site grading, paving, landscaping, elevators, fire extinguisher and fire alarm systems and other permanent equipment. Building Permit Value: The total value of all construction work for which the permit is issued, including all finish work, painting, roofing, site grading, paving, landscaping, elevators, and other permanent equipment. (Does not include electrical, plumbing, heating, air conditioning, fire extinguisher and fire alarm systems. The value of this work will be used to determine their permit fees. R108.2.2 (IRC) 109.2.2 (IBC) Permit Fees. Building Permit Fee: Is based off the total Permit Value of all construction work for which the permit is 4 Ordinance No. 23-4903 Page 5 issued, as well as all finish work, painting, roofing, site grading, paving, landscaping, elevators, and other permanent equipment. (Does not include electrical, plumbing, heating, air conditioning, fire extinguisher and fire alarm systems. The value of this work will be used to determine their permit fees. Electrical, Mechanical, Plumbing, Fire Alarm, Fire Sprinkler, and Sewer and Water Permit Fees: The individual fees for each of these permits is base off the Permit Value of all construction work for which the permit is issued. The fee for any permit shall be as set forth in the permit fee schedule as established by resolution of the City Council. Section R108.3 of the IRC and Section 109.3 of the IBC. Delete Section R108.3 of the IRC and Section 109.3 of the IBC and insert in lieu thereof the following: R108.3 (IRC) 109.3 (IBC) Plan Review Fees. When a plan or other data are required to be submitted by Section 106 and the value of the proposed building or work exceeds fifteen thousand dollars ($15,000), a plan review fee shall be paid before the permit may be issued. Should the project be abandoned and the permit not issued after the plan review has been started, the plan review fee shall still be due and payable. The plan review fee shall be as set forth by resolution of City Council. Plan review fees are separate fees from the permit fee specified in Section R108.2 and 109.2 and are in addition to permit fees. Section R108. 5 of the IRC and Section 109.6 of the IBC: Delete Section R108.5 in the IRC and Section 109.6 of the IBC and insert in lieu thereof the following: R108.5 (IRC) 109.6 IBC Refunds: The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee within one hundred eighty (180) days from the date of fee payment. Section R108.6 of the IRC and Section 109.4 of the IBC. Delete Section 108.6 of the IRC and Section 109.4 of the IBC and insert in lieu thereof the following: R108.6 (IRC) 109.4(IBC) Work commencing before permit issuance: Any person who commences work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee equal to the amount of the permit fee if a permit were issued. This fee shall be collected whether or not a permit is issued. This fee is in addition to the required permit fee. The payment of such fee shall not exempt any person from compliance with all other provisions of this Code or from any penalty prescribed by law. Only the Building Official may reduce this fee when it is demonstrated that an emergency existed that required the work to be done without a permit. Section R108.7 of the IRC and Section 109.7 of the IBC. Add two new Sections R108.7 to the IRC and 109.7 to the IBC as follows: R108.7 (IRC) and 109.7 (IBC) Reinspection Fees: A re-inspection fee may be accessed for each inspection or reinspection when such work or portion of such work for which the inspection was scheduled is not complete or when corrections cited are not made. Reinspection fees may be assessed when plans necessary to complete the inspection are not readily available to the inspector, access is not provided on the date for which the inspection was scheduled, or when there are deviations from plans requiring additional plan review. This section is not to be interpreted as requiring reinspection fees the first time a project is rejected for failure to comply with requirements of this code, but as a method to control the practice of scheduling inspections before the project is ready for scheduled inspections. Section R112 of the IRC and Section 113 of the IBC. Delete Section R112 of the IRC and Section 113 of the IBC and insert in lieu thereof the following: R112 (IRC) and 113 (IBC) Appeals: See Title 17 Chapter 12 Appeals in the City Code. Section 202 of both the IBC and IRC. Add new definition as follows: 5 Ordinance No. 23-4903 Page 6 Authority Having Jurisdiction. The organization, office, or individual responsible for approving equipment, materials, an installation, or a procedure. Section 202 of both the IBC and IRC. Add new definition as follows: Chief Electrical Inspector. A building inspector who either is the authority having jurisdiction or is designated by the authority having jurisdiction and is responsible for administering the requirements of this code. Section 202 of both the IBC and IRC. Add new definition as follows: Electrical Inspector. A building inspector authorized to perform electrical inspections. Section 202 of both the IBC and IRC. Add new definition as follows: Family: See Title 14 Chapter 9 Article A Zoning Definitions in the City Code. Section 202 of both the IBC and IRC. Add new definition as follows: Emergency Communications Center. Shall mean the Johnson County Emergency Communications Center. Section 202 of the IBC and IRC. Modify definitions as follows: Habitable space: Add a sentence to the end of the definition of habitable space or room to read as follows: Basement areas finished to a degree to encourage their use as anything other than storage or mechanical rooms shall be considered habitable space. Section R202 of the IRC. Delete definition of Accessory Structure and insert in lieu thereof the following: Accessory Structure. See Title 14 Chapter 9 Article A Zoning Definitions in the City Code. 6 Ordinance No. 23-4903 Page 7 Table R301.2 (1) of the IRC Modify by inserting data in the table as follows: Wind Design Subject to Damage From Flood Hazards Topo- NFIP FIRM graphic Ic - Groun effects, Seismic Win to Barrier Maps Air Mean d Special Design Frost Freezin Annua Desig Under- Snow Speed wind Cate- Weatherin line g I Load (mph) region, gorydept Termite n layment Index Temp ( p ) g p Temp Required or Wind- h borne debris zone 5/22 25 107 No A Severe 42" e Hear Moderat -5°F Yes /197 2/16/ 2000 50°F Y 7 MANUALJ DESIGN CRITERIA Elevation Latitude Winter Summer Altitude Indoor Design Heating Heating Cooling Correction Design Temperature Temperature Factor Temperature Cooling Difference 661' 41° -6° 89° N/A 72° 75° 78° Cooling Wind Wind Coincident Daily Winter Summer Temperature I Velocity Velocity Wet Bulb Range Humidity Humidity Difference Heating Cooling 14° 25° 10° 76° M 39 gr/lb diff. 53 gr./lb diff. Section R302.5.1 of the IRC. Delete Section R302.5.1 of the IRC and insert in lieu thereof the following: R302.5.1 Opening protection. Openings from a private garage directly into a room used for sleeping purposes shall not be permitted. Other openings between the garage and residence shall be equipped with solid wood doors not less than 1 3/8 inches (35 mm) in thickness, solid or honeycomb core steel doors not less than 1 3/8 inches thick, or 20-minute fire-rated doors. Section R302.13 of the IRC. Delete Section R302.13 of the IRC entirely. Section 305.2.3 of the IBC. Delete Section 305.2.3 of the IBC and insert in lieu thereof the following: 305.2.3 Eight or Fewer Children in a Dwelling Unit. A facility such as the above within a dwelling unit and having eight or fewer children receiving such day care shall be classified as a Group R-3 occupancy or shall comply with the International Residential Code. Exception: Day care facilities that provide custodial care for 16 or fewer persons for less than 24-hours per day in a single-family dwelling, and where 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. Section 310.4.1 of the IBC. Delete Section 310.4.1 of the IBC and insert in lieu thereof the following: 310.4.1 Care Facilities Within A Dwelling Unit. Care facilities within a dwelling unit shall be in accordance with section 305.2.3. Section R310.7 of the IRC. Delete Section R310.7 in the IRC and insert in lieu thereof the following: R310.7 Alterations or repairs of basements in structures built after May 10, 1989. An emergency escape and rescue opening is not required where existing basements undergo alterations or repairs. 7 Ordinance No. 23-4903 Page 8 Alterations or repairs in structures built prior to May 10, 1989 shall conform to Appendix AJ Section AJ102.4 Replacement windows. Exception: New sleeping rooms created in an existing basement shall be provided with emergency escape and rescue openings in accordance with Section R310.1 though R310.6 Section 310.6 Exception 3 of the IRC. Delete Section 310.6 Exception 3 of the IRC entirely. Section 310.7 of the IRC. Delete Section 310.7 of the IRC entirely. Section R312.2 of the IRC and 1015.8 of the IBC. Delete Section R312.2 of the IRC and 1015.8 of the IBC entirely. Section R313 of the IRC: Delete Section R313 of the IRC entirely. Section R314.4 of the IRC. Amend Section R314.4 in the IRC by adding an exception as follows: Exception: Interconnection of smoke alarms in existing areas shall not be required where alterations or repairs do not result in removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available that could provide access for interconnection without removal the interior finish. Section R320.3of the IRC. Add Section R320.3 in the IRC as follows: R320.3 Accessibility for projects other than those mentioned in Section R320.1 and R320.2. R 320.3.1 Scope. The provisions of this section are enacted to implement universal design features that provide accessibility, usability and visit-ability for all. R320.3.2 Definition. Public funds shall mean funding or assistance from the City of Iowa City or any agent thereof through any of the following means: 1. a building contract or similar contractual agreement involving a City-funded program or fund; 2. any real estate received by the owner through a subsidy, lease, or donation by the City or its agents; 3. preferential tax treatment, bond assistance, mortgage assistance, or similar financial advantages from the City or its agents; 4. disbursement of federal or state construction funds including a Community Development Block Grant; or 5. a City contract to provide funding or a financial benefit for housing. R320.3.3 Applicability. The amendment applies to new one- and two-family dwellings and is not required for new townhouses, accessory apartments or existing structures for repairs, alterations, change of occupancy or additions unless the square footage of the addition is more than 25% of the existing structure, then, the addition must comply. Exception: Applies to new townhouses constructed using public funds. The minimum usability requirements are as follows: 1. Step-less entrance: At least one building entrance must be designed, without encroaching into any required parking space, that complies with the Iowa City Building Code standard for an accessible entrance on an accessible route served by a ramp in accordance with section R311.8 or a no-step entrance. The accessible route must extend from a vehicular drop- off, or parking to a building entrance. The entry door must have a minimum net clear opening of thirty-two inches (32"). If public funds are used the step-less entrance must be provided. Exception: The building official may waive this requirement based upon the determination that strict compliance is financially or environmentally impractical. 2. Interior doors: At least one bedroom and one bathroom (if either are provided) and all other passage doorway header widths, on the level served by the designed step-less entrance, must be framed to accommodate a minimum 38" clear rough opening. The framing for the doorway width 8 Ordinance No. 23-4903 Page 9 opening may be reduced to accommodate any door size Exception: 1.if public funds are used the minimum door clear opening shall be thirty-two inches (32") when the door is open ninety degrees (90), measured between the face of the door and the opposite stop. 2.Doors serving closets twenty-four inches (24") or less in depth need not be framed to 38" clear opening width. Note: A 34" door hung in the standard manner provides an acceptable 32" opening. 3. Sanitation facilities: There must be at least one bathroom containing a water closet (toilet) and lavatory (sink) on the level of the dwelling to be accessed by the designed step-less entrance. The room shall have a minimum thirty inches (30") by forty-eight inches (48") clear floor space at ,the water closet and lavatory. The clear floor space can be shared by both fixtures. The plans must show a shower, bathtub or combination tub/shower can be provided within the room or an adjoining room without removing part of the concrete floor to provide necessary plumbing to the future plumbing fixture(s). If public funds are used a shower, bathtub or combination tub/shower shall be provided within the room. Exceptions: The building official may waive this requirement based on the determination that strict compliance is financially impractical. 4. Wall reinforcement: A bathroom must be provided with wood blocking installed within wall framing to support grab bars as needed. The wood blocking, when measured to the center, will be located between thirty-three inches (33") and thirty-six inches (36") above the finished floor. The wood blocking must be in all walls adjacent to and behind a toilet. Exception: Backing is not required behind pre-manufactured showers and bathtubs. 5. Decks: All exterior decks surfaces adjacent to the level served by the designed step-less entrance must be built within four inches (4") of the dwellings finish floor level. Note: At grade patios are exempt from this requirement. 6. Switch and outlet requirements: All wall switches, controlling light fixtures, fans, all temperature control devices and all receptacles shall be located in an area between fifteen (15) and forty-eight (48) inches above finished floor. The height will be determined by measuring from the finished floor to the center of the device. When the control or receptacle placement is prohibited by the height of the window or design feature, alternative locations may be approved by the building official. 7. Electrical panel requirements: Electrical panels on the level of the dwelling to be accessed by the designed step-less entrance shall be located so that the individual circuit breakers are located between 15" and 54 " above the floor. 8. Garages: Must be wired for power operated overhead Section R322 of the IRC. Delete section R322 of the IRC and insert in lieu thereof the following: R322. See Title 14 Chapter 5J Flood Plain Management Standards in the City Code. R322.1 Flood Resistive Materials. Building materials and installation methods used for flooring and interior and exterior walls and wall coverings below the elevation required in Title 14 Chapter 5J Flood Plain Management Standards in the City Code shall be flood damage-resistant materials that conform to the provisions of FEMA TB-2. Section R326 of the IRC. Delete Section R326 of the IRC entirely Section R327 of the IRC. Delete Section R327 of the IRC entirely. Section R403.1.4.1 of the IRC. Modify by deleting all exceptions and inserting in lieu thereof the following: Exceptions: 1. One story detached accessory buildings of wood or steel frame construction not used for human occupancy and not exceeding one thousand (1,000) square feet in floor area may be constructed 9 Ordinance No. 23-4903 Page 10 using slab on grade construction as follows. The slab shall be three and one-half inches thick, poured monolithically with thickened perimeter footings extending twelve inches (12") below finish grade and be twelve inches (12") wide at the base. The top of the foundation shall not be less than six inches (6") above finish grade. Reinforcement of the slab, including the thickened portion, shall be minimum 6x6-10/10 welded wire mesh, #4 deformed reinforcing bars at twenty-four inches (24") on center each way or fiber mesh reinforced concrete. 2. Freestanding accessory structures not used for human occupancy and not exceeding four hundred (400) square feet in floor area or less and an eave height of ten (10) feet or less above grade may be constructed on wood plate or skids. 3. Decks not supported by the structure need not be provided with footings that extend below the frost line. Section 403.5.6 of the IBC: Add a new Section 403.5.6 as follows: 403.5.6 Emergency escape and rescue. Emergency escape and rescue openings specified in Section 1031 are not required. Section R404.1.1 of the IRC: Amend Section R404.1.1 of the IRC by adding an Exception after number 2 as follows: Exception: Foundation walls with unbalanced lateral forces created by finish grade, i.e. walkout basements which are exempt from the Iowa Architectural Act shall be designed by a licensed structural engineer or constructed in accordance with the Table R404.1.1(5) and diagram as follows: Table R401.1.1(5) CB=Corner Bars S=Span of Wall T=Thickness D=4'Offset 2"Minimum Inside Face of D s Wall to edge of reinforcing {, ' CB \ 8"&12"Foundation Walls Provide corner bars to march horizontal foundation wall reinforcing into wall 2' 1 T 1 Span Wall Thickness Horizontal Corner Bar �/ S(S) IT) Reinforcing (CB) �. V See Schedule for 10'or less 8" N4 @ 12" 2'-0" 1 Horizontal Reinforcing 10'to 12' 8" N5 @ 12" 2'•6" ) 12'to 14' 8" 116 @ 12" 3'-0° Si #4 Reinforcing Vertical 14'to 16' 12" 85 @ 12" 2' 6" ' 30"Q.C.Typical 16'to 18' 12" r!6 @ 14" 3'-0" 18'to 20' 12" 06 @ 12" 3'-0" 1 #4 Reinforcing Dow • Frost Wail&Footing(Walkout) Notes: 1.Corner Bars are required In addition to horizontal reinforcing. 1 • 2.All Corner Bar reinforcing splices shall be lapped a minimum of 24", l .t . .�. •:. '.'}: ..b i,,: b.. 3.If span(5)isgreater than 16',the minimum dimension of ID)shah be 6'. 1 �-� .� ,b -•••. - - =.' • 10 Ordinance No. 23-4903 Page 11 Section 502.1 of the IBC(F). Delete Section 502.1 in its entirety and insert in lieu thereof the following: 502.1 New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be sized as specified in Table 502.1. Measurements to determine the minimum number size shall be measured from the approved address location to the center line of the street for which the premises is addressed. Where access is by-means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained. Table 502.1 Minimum Address Size a.b,c,d Distance from the centerline of the Public Way (ft) Minimum Height (in) Minimum Stroke Width (in) Less than 100 4 1/2 100 199 6 3/4 200 299 8 1 For each additional 100 Increase 2 Increase 1/2 a) Exterior suite identification, minimum height shall be 4 inches and stroke width shall be '/z inch. b) Interior suite identification, minimum height shall be 3 inches and stroke width shall be ' inch. c) Measurements to determine the minimum number or letter size shall be measured from the approved address location to the center line of the street for which the premise is addressed. d) Minimum height and minimum stroke may be increased by the Code Official. Section R507.10.2 of the IRC. Delete Section 507.10.2 entirely. Section R807.1 of the IRC. Modify by adding a sentence at the end of the second paragraph as follows: The opening shall not be located in a closet, bathroom, mechanical room, laundry room, or similar room or location. Section 903.3.5.1 of the IBC (F).. Delete Section 903.5.1 of the IBC and insert in lieu thereof the following: 903.3.5.1 A single domestic and automatic fire sprinkler system water supply. If the city water provider requires a single domestic and automatic fire sprinkler system supply, then the water supply shall be split outside of the building and shall have a shutoff provided for the domestic service after the split outside of the building. The total domestic demand is required to be added to the fire sprinkler demand. Section 903.3.5.2 of the IBC (F). Delete this section. Section 903.3.5.3 of the IBC (F). Add a new section 903.3.5.2 to read as follows: 903.3.5.3 Water supply safety margin. The fire sprinkler system hydraulically calculated demand per 11 Ordinance No. 23-4903 Page 12 NFPA 13 or NFPA 13R including required hose stream allowances, and domestic water demand if required by section 903.3.5.2, must be a minimum 10%, but not less than 5 psi below the water supply flow test curve, the flow test must have been conducted within 90 days of fire sprinkler plan submittal to the city and third party reviewer(if applicable) or as deemed current and approved by the local water jurisdiction. The base of riser psi at the time of acceptance test shall also be 10% but not less than 5 psi above the most demanding hydraulically calculated pressure. Section 903.4 of the IBC (F). Delete exception number 5 without substitution. Section 903.4.2 of the IBC(F). Delete the section 903.4.2 and replace with: 903.4.2 Alarms. An approved weatherproof horn/strobe device shall be mounted directly above the fire department connection between seven (7) and ten (10) feet in height above grade. The water-flow alarm device shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Approved and supervised audible visual notification appliances shall be installed on each level of the interior of the building as required by the fire code official and NFPA 72. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system. Section 903.6 of the IBC (F). Add a new Section 903.6 to the IBC to read as follows: 903.6 Zones. Automatic sprinkler system zones shall not exceed the area permitted by NFPA 13 or NFPA 13R and shall provide a sprinkler control valve and waterflow device for each normally occupied floor. The location of sprinkler control valves must be approved by the fire code official. Section 905.1.1 of the IBC (F). Add a new Section 905.1.1 to the IBC to read as follows: 905.1.1 Delete all references to Class II standpipe systems and replace with Class III standpipe systems. Section 905.3.4 of the IBC (F). Delete the exception without substitution. Section 905.3.9 of the IBC (F). Add a new section 905.3.9 to read as follows: 905.3.9 Additional Standpipe Systems: Additional standpipe systems may be added to new buildings or structures as deemed necessary by the Code Official. Section 905.4 of the IBC (F). Amend section 905.4 by deleting #1 and replace with: 1. In every required interior exit stairway, a hose connection shall be provided for each story above and below grade plane. Hose connections shall be located at intermediate landings between stories, unless otherwise approved by the fire code official. Section 906.1 of the IBC (F). Delete the exceptions 1 and 2 without substitution. Section 906.3 of the IBC (F). Add a sentence to the end of the section to read as follows: The minimum rating of any required portable fire extinguisher for Class A, Class B, or Class C hazard shall be 2-10 B C Section 907.1.4 of the IBC (F). Add a new section 907.1.4 to read as follows: 907.1.4 Fire alarm control panels and Fire alarm annunciator panels. Installation of fire alarm control panels and fire alarm annunciator panels shall be installed in accordance with section 907.1.4.1 through 907.1.4.5. 12 Ordinance No. 23-4903 Page 13 Section 907.1.4.1 of the IBC (F). Add a new section 907.1.4.1 to read as follows: 907.1.4.1 Fire Alarm Panel Height: Installation of fire alarm panels shall not exceed 6 feet in height measured from the floor to the top of the panel. Exception: Panel height may be altered by the fire code official. Section 907.1.4.2 of the IBC (F). Add a new section 901.1.4.2 to read as follows: 901.1.4.2 Number of Fire Alarm Control Panels in Buildings: Only one listed fire alarm control panel shall be allowed per building and shall lock in the alarm until the system is reset and shall not be canceled by the operation of an audible - alarm silencing switch. This control panel shall only receive alarm signals from fire protection equipment. Section 907.1.4.3 of the IBC (F). Add a new section 907.1.4.3 to read as follows: 907.1.4.3 Combination Fire/Security Alarm System Panels. A listed combination fire/security alarm system panel that meets all the requirements of this code and amendments may be permitted by approval of the fire code official. The fire/security panel shall be capable of providing a signal that can differentiate between the fire and security alarm. Section 907.1.4.4 of the IBC (F). Add a new section 907.1.4.4 to read as follows: 907.1.4.4 Password/PIN Protection Prohibited: Fire alarm control panels and/or fire alarm annunciator panels that require a password/PIN to silence an alarm/supervisory/trouble signal and/or to reset an alarm/supervisory/trouble signal shall be prohibited. Section 907.1.4.5 of the IBC (F). Add a new section 907.1.4.5 to read as follows: 907.1.4.5 Fire Alarm Annunciator Panels: The fire code official can require the addition of fire alarm annunciator panels based on the size of building and access to the building. These panels shall meet the requirements of Sections 907.1.4 and 907.2. Section 907.2 of the IBC (F). Delete section 907.2 and replace with: 907.2 Where required - new buildings and structures. An approved and addressable manual, automatic, or manual and automatic fire alarm system installed in accordance with the provisions of this code and NFPA 72 shall be provided in new buildings and structures in accordance with Sections 907.2.1 through 907.2.23 and provide occupant notification in accordance with 907.5 unless other requirements are provided by another section of this code. Not fewer than one manual fire alarm box shall be provided in an approved location to initiate a fire alarm signal for fire alarm system employing automatic fire detectors or water-flow devices. Where other sections of this code allow elimination of fire alarm boxes due to sprinklers, a single fire alarm box shall be installed. Exceptions: 1) The manual fire alarm box is not required for fire alarm systems dedicated to elevator recall control and supervisory service. 2) The manual fire alarm box is required for Group R-2 occupancies to provide a means for fire watch personnel to initiate an alarm during a sprinkler system impairment event. The manual fire alarm box shall not be located in an area that is accessible to the public. 3) Multi-tenant buildings required to have a manual/automatic fire alarms system shall install one manual pull station per tenant space. 4) Visual notification appliances are not required within self-storage units. 13 Ordinance No. 23-4903 Page 14 Section 907.2.1.3 of the IBC [F]. Add a new section 907.2.1.3 to read as follows: Group A Occupancies. In Group A occupancies, the activation of the fire alarm or fire sprinkler system, shall automatically shut down or stop music, sound systems, conflicting or confusing sounds and visual distractions and initiate illumination of all the means of exit egress components. Section 907.2.9.1 [F] Delete exception 2 without substitution. Section 907.2.11.2 of the IBC (F). Modify 907.2.11.2 by adding a fourth location requirement as follows: 4. Supervised smoke alarms shall be installed in all common corridors and at the top and bottom of all stairway enclosures in Groups R-2, R-4 and I-1 occupancies. In corridors, detectors shall be located within fifteen (15) feet of the end of the corridor and in such a way that one detector is located for each thirty (30) feet of corridor length or spaced as allowed by the code. Section 907.2.13.2 of the IBC (F). Delete 907.2.13.2 without substitution. Section 907.4.2 of the IBC (F). Modify 907.4.2 by adding a sentence to the end of the section to read as follows: Where, in the opinion of the code official, manual fire alarm boxes may be used to cause false fire alarms, the code official is authorized to modify the requirements for manual fire alarm boxes. Section 907.6.3 of the IBC (F). Delete 907.6.3 and replace with: 907.6.3 Initiating device identification. The fire alarm system shall identify the specific initiating device with an alphanumeric address description showing location, type of device, and status including indication of normal, alarm, trouble, and supervisory, as appropriate. Alphanumeric descriptions and locations shall be reported to the emergency communications center upon activation of an alarm condition as specified by the fire code official. Exception: 1. Special initiation devices that do not support individual device identification. Section 907.6.4 of the IBC (F). Modify 907.6.4 by deleting the exception and inserting in lieu thereof the following exception: Exception: Automatic sprinkler system zones shall not exceed the area permitted by NFPA 13 and shall provide a sprinkler control valve and waterflow device for each normally occupied floor. Section 907.6.4.3 of the IBC (F). Add a new section 907.6.4.3 to read as follows: Section 907.6.4.3 Zone and address location labeling. Fire alarm and/or annunciator panels shall have all zones and address points plainly and permanently labeled as to their location on the outside of the panel or on an easily readable map of the building if no display is present. Section 907.6.6 of the IBC (F). Delete 907.6.6 and replace with: 907.6.6 Monitoring. Fire alarms required by this chapter, the International Building Code, or the Code Official, an approved UL listed Central Station service in accordance with NFPA 72 shall monitor fire alarm systems to provide for the immediate and automatic notification to the emergency communications center. Each initiating device shall report an address point and an alpha/numeric 14 Ordinance No. 23-4903 Page 15 descriptor showing location, type of device and status including indication of normal, alarm, trouble and supervisory status, as appropriate. Alpha/numeric descriptor shall be required to be reported to the emergency communications center upon activation of alarm conditions as specified by the fire code official. Exception: Monitoring by a supervising station is not required for: 1. Single- and multiple-station smoke alarms required by Section 907.2.11. 2. Smoke detectors in Group 1-3 occupancies. 3. Automatic sprinkler systems in one- and two-family dwellings 4. Fire alarm systems in one- and two-family dwellings Section 907.7.4 of the IBC (F). Add a new section 907.7.4 to read as follows: 907.7.4 Device/Zone Map. An easily readable fire alarm device and/or zone map of the building shall be permanently mounted in or near the fire alarm control panel and documentation cabinet showing the location of all initiating devices when required by the fire code official. Section 907.9 of the IBC (F). Add a new Section 907.9 as follows: 907.9 Approved hold open devices. When installed in buildings that have a fire alarm system and /or sprinkler system, all approved hold open devices shall release upon activation of the fire alarm and/or sprinkler water-flow activation. Section 912.4.1 of the IBC (F). Delete the section 912.4.1 and replace with: Section 912.4.1 Locking fire department connection caps. Locking fire department connection caps approved by the fire department are required for all new construction that have a water-based fire protection system and existing structures that have a water-based fire protection system shall be required immediately after conducting the five-year obstruction and maintenance testing, or if one or more of the fire department caps are missing. Section 912.7 of the IBC (F). Add a new section 912.7 to read as follows: 907.7 Fire Department Connection Height. The fire department connection shall be located not less than 18 inches from the bottom of the cap(s) and not more than 3 feet from the top of the cap(s) above the level of the adjacent grade or access level. Deviation from this height may be granted by the Code Official for just cause. Section 912.8 of the IBC (Fj. Add a new section 912.8 to read as follows: 912.8 Size. Minimum fire department connection size shall be 2'/2" inch National Standard Thread siamese connection. Section 1011.3 of the IBC. Modify 1011 .3 by adding a third exception as follows: Exception: 3. Stairs within individual dwelling units of residential Group R occupancies that existed prior to 8/28/02 (adoption of the 2000 IRC) are permitted a 78-inch (6'-6") headroom clearance. Section 1023.4 of the IBC. Modify 1023.4 by adding a fourth unnumbered paragraph as follows: Fire door assemblies that provide access to a non-pressurized interior exit of R-2 occupancies shall also be automatic closing by actuation of a smoke detector. Section 1030.2 of the IBC (F). Modify 1030.2 by adding a new exception as follows: EXCEPTION: 15 Ordinance No. 23-4903 Page 16 1)The main entrance/exit of A-2 occupancies shall be of a width that accommodates not less than two-thirds of the total occupant load Section 1031.2 of the IBC. Modify 1031.2 by deleting the exceptions and inserting in lieu thereof the following: EXCEPTIONS: 1. The emergency escape and rescue opening is permitted to open onto a balcony within an atrium in accordance with the requirements of Section 404 provided the balcony provides access to an exit and the dwelling unit or sleeping room has a means of egress that is not open to the atrium. 2. Regardless of what Tables 1006.3.4(1) and 1006.3.4(2) allow, all group R-2 occupancies other than hotels and motels must be provided with emergency escape & rescue openings. 3. Emergency escape and rescue openings are not required from basements or sleeping rooms that have an exit door or exit access door that opens directly into a public way or to a yard, court or exterior exit balcony that opens to a public way. Section 1031.7 of the IBC. Add a new Section 1031.7 to read as follows: 1030.7. Emergency escape windows under decks, porches and cantilevers shall be fully openable and provide a path not less than 36 inches in height and 36 inches in width to a yard or court. Chapter 11 of the IRC. Delete Chapter 11 in its entirety and insert in lieu thereof the following: Chapter 11 Energy Efficiency, Section N1101. Energy efficiency for the design and construction of building regulated by this code shall be as required by 661-303 of the Iowa State Administrative Code. Chapter 11 of the IBC. Delete Chapter 11` in its entirety and insert in lieu thereof the following: Chapter 11 Accessibility, Section 1101. Buildings or portions of buildings shall be accessible to persons with disabilities as required by 661-302 of the Iowa State Administrative Code. Section 1209.2 of the IBC. Modify 1209.2 by adding a second unnumbered paragraph as follows: The opening shall be located in a corridor, hallway, or other readily accessible location. The opening shall not be located in a closet, bathroom, mechanical room, laundry room, or similar room or location. Attics with a maximum vertical height of less than thirty inches need not be provided with access openings. Chapter 13 of the IBC. Delete Chapter 13 in its entirety and insert in lieu thereof the following: Chapter 13 Energy Efficiency, Section 1301. Energy efficiency for the design and construction of building regulated by this code shall be as required by 661-303 of the Iowa State Administrative Code. Section 1612.2 of the IBC. Delete 1612.2 of the IBC and insert in lieu thereof the following: 1612.2 Design and Construction. The design and construction of buildings and structures located in flood hazard areas, shall be in accordance with Chapter 5 of ASCE 7, ASCE 24 and Title 14, Chapter 5 Article J Flood Plain Management Standards in the City Code. Section 1612.3 of the IBC. Amend 1612.3 by inserting: Jurisdiction: City of Iowa City, Iowa Date: February 16, 2007 Section 1705.18 of the IBC. Delete 1705.18 and insert in lieu thereof the following: 1705.18 Fire-resistant penetrations and joints. In high-rise buildings, in buildings assigned a Risk Category III or IV, or Group R occupancies over 3 stories in height,,special inspections for through penetrations, membrane penetration firestops, fire-resistant joint systems and perimeter fire containment systems that are tested and listed in accordance with Sections 714.4.1.2, 714.5.1.2, 715.3.1 and 715.4 shall be in accordance with Section 1705.18.1 or 1705.18.2. 16 Ordinance No. 23-4903 Page 17 Part V Mechanical, Chapters 12 through 23 inclusive of the IRC. Delete Part V Mechanical Chapters 12 through 23 inclusive and insert the following: Part V Mechanical, Chapter 12 Section M1201 GENERAL M1201.1 Mechanical systems shall comply with the Iowa State Mechanical Code. Administrative Provisions. The Mechanical Code shall be administered in accordance with administrative provisions in chapter 1 of this code as amended. Part VI Fuel Gas, Chapter 24 of the IRC. Delete Part VI Fuel Gas Chapter 24 and insert the following: Part VI Fuel Gas, Chapter 24 G2401 GENERAL G2401.1 Fuel Gas systems shall comply with the Iowa State Plumbing Code. Administrative Provisions. The Plumbing Code shall be administered in accordance with administrative provisions in chapter 1 of this code as amended. Part VII Plumbing, Chapters 25 through 33 inclusive of the IRC. Delete Part VII Plumbing Chapters 25 through 33 inclusive and insert the following: Part VII Plumbing, Chapter 25 P2501 GENERAL P2501.1 Plumbing systems shall comply with the Iowa State Plumbing Code. Administrative Provisions. The Plumbing Code shall be administered in accordance with administrative provisions in chapter 1 of this code as amended. Chapter 27 of the IBC. Amend Section 2701 as follows:2701 GENERAL 2701.1 Electrical systems shall comply with the Iowa State Electrical Code. Administrative Provisions. The Electrical Code shall be administered in accordance with administrative provisions in chapter 1 of this code as amended and Appendix K as amended. Chapter 28 of the IBC. Delete chapter 28 and insert the following: Chapter 28 Mechanical Systems 2801.1 Mechanical systems shall comply the Iowa State Mechanical Code with the following amendments: Administrative Provisions. The Mechanical Code shall be administered in accordance with administrative provisions in chapter 1 of this code as amended. 2801.2 Commercial Kitchen Hood Exhaust Termination: In addition to the code requirements for commercial kitchen hood exhaust termination locations, the following shall apply: 1. For new construction, change in occupancy or change in use, that requires a new commercial kitchen hood or revisions to an existing commercial kitchen hood, the new or existing commercial kitchen hood exhaust duct shall terminate as follows: Above the roof level without passing through an exterior wall; or 2. Through an alley facing exterior wall provided the termination is above the roof level; or 3. To an alley right of way per 3202.3.2 of the International Building Code. Chapter 29 of the IBC. Delete Chapter 29 and insert the following: Chapter 29 Plumbing Systems 17 Ordinance No. 23-4903 Page 18 2901.1 Plumbing systems shall comply with the Iowa State Plumbing Code. Administrative Provisions. The Plumbing Code shall be administered in accordance with administrative provisions in chapter 1 of this code as amended. Section 3002.4 of the IBC. Delete 3002.4 and insert in lieu thereof the following: 3002.4 Elevator car to accommodate ambulance stretcher. In buildings four or more stories above, or four or more stories below, grade plane, at least one elevator shall be provided for fire department emergency access to all floors. The elevator car shall be of such a size and arrangement to accommodate an ambulance stretcher 24 inches by 84 inches (610 mm by 2134 mm) with not less than 5-inch (127 mm) radius corners, in the horizontal, open position and shall be identified by the international symbol for emergency medical services (star of life). The symbol shall not be less than 3 inches (76 mm) high and shall be placed inside on both sides of the hoistway door frame. Part VIII Electrical, Chapters 34 through 43 inclusive of the IRC. Delete Part VIII Electrical Chapters 34 through 43 inclusive of the IRC and insert the following: Part VIII Electrical, Chapter 34 E3401 GENERAL E3401.1 Electrical systems shall comply with the Iowa State Electrical Code. Administrative Provisions. The Electrical Code shall be administered in accordance with administrative provisions in chapter 1 of this code as amended and Appendix K of the IBC as amended. Appendix K of the IBC. Section K103.2 of the IBC. Work exempt from permit. Delete K103.2 and insert in lieu thereof the following: K103.2 Work exempt from permit. See section 105.2 in both the IRC and IBC. Section K106.5 of the IBC. Add a new Section K106. 5 as follows: K106. 5 Energy Connections; An electrical system or equipment regulated by this code for which a permit is required shall not be connected to a source of energy or power until approved by the building official. Section K106.6 of the IBC. Add a new Section K106. 6 as follows: K106. 6 Temporary Energy Connections. The building official may authorize the temporary connection of the electrical system or equipment to the source of energy or power for the purpose of testing the equipment, or for use under a temporary certificate of occupancy. Appendix AF of the IRC. Delete AF104 of the IRC entirely. Appendix AJ of the IRC. Section AJ102.4 of the IRC. Delete AJ102.4 and insert in lieu thereof the following: AJ102.4 Replacement windows and doors. Regardless of the category of work, where an existing window or door, including the sash and glazed portion, or safety glazing is replaced, the replacement window, door or safety glazing shall comply with the requirements of Sections AJ102.4.1 through AJ102.4.3, as applicable. Section AJ102.4.1 of the IRC. Delete AJ102.4.1 and insert in lieu thereof the following: AJ102.4.1 Energy efficiency. Replacement windows or doors shall comply with the requirements of Chapter 11. Section AJ102.4.4 of the IRC. Delete AJ102.4.4 entirely. 18 Ordinance No. 23-4903 Page 19 Section AJ109.7 of the IRC. Delete AJ109.7 and insert in lieu thereof the following: AJ109.7 Ceiling height. Habitable spaces created in existing basements or attics shall have ceiling heights of not less than 6 feet, 8 inches (2032 mm), except that the ceiling height at obstructions shall be not less than 6 feet 4 inches (1930 mm) from the basement or attic floor. Existing finished ceiling heights in nonhabitable spaces in basements or attics shall not be reduced. Section AJ109.8.1 of the IRC. Delete AJ109.8.1 and insert in lieu thereof the following: AJ109.8.1 Stair width. Existing basement and attic stairs and handrails not otherwise being altered or modified shall be permitted to maintain their current clear width at, above and below existing handrails. Section AJ109.8.2 of the IRC. Delete AJ109.8.2 and insert in lieu thereof the following: AJ109.8.2 Stair headroom. Headroom height on existing basement or attic stairs being altered or modified shall not be reduced below the existing stairway or attic finished headroom. Existing basement or attic stairs not otherwise being altered shall be permitted to maintain the current finished headroom. Section AJ109.8.3 of the IRC. Delete AJ109.8.3 and insert in lieu thereof the following: AJ109.8.3 Stair landing. Landings serving existing basement or attic stairs being altered or modified shall not be reduced below the existing stairway landing depth and width. Existing basement or attic stairs not otherwise being altered shall be permitted to maintain the current landing depth and width. 17-1-4: Penalties for violations: Violation of this chapter shall be a municipal infraction punishable by a penalty as provided for in subsection 1-4-2D of the City Code. Except as provided herein, any reference to the "Plumbing Code," the "Electrical Code," or the "Mechanical Code" is deleted and replaced with "Building Code." 2. Title 17, entitled "Building and Housing," Chapter 12, entitled "Appeals," Section 2, entitled "Appeals Procedure," Subsection D is amended by adding the underscore text and deleting the strike-through text as follows: Hearing: The person shall be advised in writing of the time and place at least three (3) calendar days prior to the hearing. At the hearing, the person shall have an opportunity to be heard the board shall review all applicable evidence presented regarding the subject appeal. Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be in effect after final passage, approval and publication as provided by law. Passed and approved this 20th day of June , 2023. i -464SA-12— ayor Attest: ,,. City Clerk Approved by/ City Attor y's Office (Sue Dulek- 05/30/2023) 19 Ordinance No. 23-4903 Page 20 It was moved by Dunn and seconded by Alter that the Ordinance as read be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter x Bergus x Dunn x Harmsen X Taylor X Teague X Thomas First Consideration 06/06/2093 Voteforpassage: AYES: Alter, Bergus, Dunn, Harmsen, Taylor, Teague, Thomas NAYS: None ABSENT: None Second Consideration Vote for passage: Date published 06/29/2023 Moved by Taylor, seconded by Dunn, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Alter, Bergus, Dunn, Harmsen, Taylor, Teague, Thomas NAYS: None ABSENT: None 20 Prepared By:Danielle Sitzman, Development Services Reviewed By:Troy Roth, Fire Marshall Sue Dulek, First Assistant City Attorney Fiscal Impact:None Staff Recommendation:Approval Commission Recommendations:The Board of Appeals recommended approval of the proposed ordinance at its meeting May 1, 2023. Attachments:Memo to Board of Apeals Board of Appeals 5-1-23 minutes DRAFT_.docx Ordinance Item Number: 10.d. June 20, 2023 Ordinance amending Title 7, Chapter 1, Fire Prevention and Protection, by adopting the 2021 edition of the International Fire Code to regulate and govern the safeguarding of life and property from fire, explosion, life safety risks, or health hazards. (Second Consideration) Executive Summary: State law requires a public hearing on the adoption of a model code. Staff is recommending adoption of the 2021 edition of the International Fire Code (IFC) along with local amendments. A copy of the ordinance and the IFC are on file in the City Clerk's office. Background / Analysis: A description of the notable changes are included in a memorandum from Troy Roth, Fire Marshall to the Board of Appeals dated April 25, 2023. Memorandum Date: April 25, 2023 To: Board of Appeals From: Troy Roth, Fire Marshal Re: Notable changes to the 2021 International Fire Code local amendments The fire department presents for your review, notable changes to the 2018 International Fire Code (IFC). 308.3 Local Amendment. Open Flames. Add number 4: Outdoor assembly spaces are allowed to be provided with natural gas fueled fire pit appliances complying with the applicable adopted codes and manufacturer’s listing. 321 Addition. Artificial Combustible Vegetation On Roofs And Near Buildings. The trend of rooftop assembly areas has resulted in artificial vegetation decorations posing increased fire threat. 405 Modification. Emergency Evacuation Drills. This change increases the frequency and participation of evacuation drill. E occupancies are increased to monthly. Iowa City amends this to follow state code requiring four drills per school year, two in the fall semester and two in the spring semester. 503.2.9 Local amendment. Add a new section to read as follows: Thickness. Fire apparatus access roads shall be constructed of Portland cement concrete conforming to the specifications of the Iowa Department of Transportation C-3 or M-3 mixes. The concrete access road shall be a minimum of 7 inches thick over compacted soil. 506.1 Local amendment. Add a sentence to the end of the section to read as follows: An approved key box shall be installed in an approved location on all new construction. Exception: Group R-3 508 Modification. Fire Command Center. Command center requirements were added to large factories and warehouses where they had generally only been required in high-rises. Iowa City Fire Department _____________________________________________________________________ 410 E. Washington Street – Iowa City, IA 52240-1821 Phone: 319.356.5260 www.icgov.org 510 Modification. Emergency Responder Communication Coverage – Signals. Clarified testing criteria for radio signal strength as well as requiring more area coverage. 610 Addition. Clothes Dryer Exhaust Systems. This new section regulates the installation and cleaning of dryer vents due to nation fire cause statistics. 808.5 Addition. Play Structures. Play structures installed at the time of construction are regulated by the International Building Code (IBC). This new section directs designers and installers of play structures that are added to existing buildings to follow the IBC requirements. 901 Modification. Life Safety Systems. Essentially a verbiage change from fire protection systems to life safety systems. An example is CO detection. 903.2.10 Modification. Group S-2 Parking Garages. Open parking ramps exceeding 48,000 square feet now require sprinkler systems. 903.2.10.02 Addition. Mechanical-Access Parking Garages. New section regulating mechanical parking structures. 903.3.1.2 Modification. NFPA 13R Sprinkler Systems. The maximum allowable height to allow 13R to be used rather than 13 is lowered to 30 feet above lowest fire department access. This will increase the likelihood of sprinklered attics. 903.5.2 Local amendment. Add a new section to read as follows: Forward Flow Testing. Automatic sprinkler systems shall be provided with an external outlet to perform forward flow testing as required by NFPA 25. Outlet shall be supervised, signed as testing, and have male threads. 903.7 Local amendment. Section 903.7 Add a new section to read as follows: Zones. Automatic sprinkler system zones shall not exceed the area permitted by NFPA 13 or NFPA 13R and shall provide a sprinkler control valve and waterflow device for each normally occupied floor. The location of sprinkler control valves must be approved by the fire code official. 905.4 Local amendment. Requirement #1 Delete the section and replace with: In every required interior exit stairway, a hose connection shall be provided for each story above and below grade plane. Hose connections shall be located at intermediate landing between stories, unless otherwise approved by the fire code official. 907.4 Modification. Low-Frequency Alarms in Sleeping Rooms. Alarm notification in sleeping room will now be required to be 520 Hz. Studies have shown the low frequency sound is six times more effective at waking at-rink populations than the current 3KHz tone. 912.4.1 Local amendment. Delete the section and replace with: Locking fire department connection caps. Locking fire department connection caps approved by the fire department are required for all new construction that have a water-based fire protection system and existing structures that have a water-based fire protection system shall be required immediately after conducting the five-year obstruction and maintenance testing, or if one or more of the fire department caps are missing. 1009.2.1 Modification. Elevator Serving Occupied Roof. An occupied roof is now counted as a story when determining if an elevator is required in a building. 1010.1.1 Modification. Size of Doors. The maximum width of doors (48”) is eliminated. Section 1010.1.3 still limits the force need to open the to 5lbs, but the door can now be 12 feet wide for example. 1010.2.8 Modification. Locking arrangements in Educational Occupancies. This section allows for tighter lockdown options to protect occupants from intruders. 1204 Addition. Portable Generators. Previously generally unregulated, portable generators are now regulated under this section. 3303.3 Addition. Daily Fire Safety Inspection. Because of the increase of fires in buildings under construction, the building owner is now responsible to ensure that a daily fire safety inspection is conducted. 1 DRAFT MINUTES IOWACITYBOARDOFAPPEALS May 1, 2023 –4 PM HELLING CONFERENCE ROOM,CITYHALL 410 E. WASHINGTON STREET IOWA CITY, IA52240 MEMBERSPRESENT:AndreaFrench, Andrew Martin,Thomas McInerney, GT Karr MEMBERS ABSENT:Jim Walker STAFF PRESENT:Tim Hennes (Sr. Building Inspector),Sarah Horning (Development Services Assistant), Troy Roth (Fire Marshal), Sue Dulek (Assistant City attorney) RECOMMENDATIONS TO COUNCIL: Adoption of 2021 International Building and Fire Codes CALL TO ORDER: Chair Andrew Martin called the meeting to order at 4 PM CONSIDERATION OF MINUTES: April 5, 2023 Board of Appeals minutes MOTION:McInerney moved to approve the minutes from the April 5, 2023 Board of Appeals meeting. Seconded by French. VOTE:Motion passed 4-0. Discussion and possible recommendation to Council regarding the adoption of the 2021 International Building and Fire Codes. DISCUSSION:Martin commented that the new code seems to have been amended to keep it the way it is now. Tim Hennes agreed and stated that the main difference between the 2018 and 2021 codes is that the new code allows for mass timber construction , which allows for up to 18 stories be constructed of wood. Hennes also noted that the city’s delay in adopting the new code was due to the discussion of the state legislatures adopting a state building code, which would have taken building codes out of the hands of the city all together and since that did not happen, the staff chose to move forward with the adoption of the 2021 codes. Hennes stated that the city has worked with neighboring jurisdictions (Johnson County, North Liberty, Coralville & Tiffin) to be consistent with code enforcement and Roth shared that the four communities are near identical when it comes to the fire code. MOTION:McInerney moved to recommend to Council to adopt the 2021 International Building and Fire Codes as amended.Seconded by Karr. VOTE:Motion passed 4-0. ADJOURNMENT: MOTION:McInerney moved to adjourn meeting, French seconded. VOTE:Motion passed 4-0. Meeting adjourned at 4:10 PM. 2 Chairperson, Board of Appeals Date )010 Prepared by: Troy Roth, Fire Marshal, 410 E. Washington Street, Iowa City, IA 52240 Ordinance No. 23— 4904 Ordinance amending Title 7, Chapter 1 , Fire Prevention and Protection, by adopting the 2021 edition of the International Fire Code to regulate and govern the safeguarding of life and property from fire, explosion, life safety risks, or health hazards. Wherefore, the Iowa City Fire Code codified in Title 7, Chapter 1 of the Iowa City Code, consists of the 2018 edition of the International Fire Code along with local amendments; and Whereas, the International Code Council publishes updated codes every three years, and it is in the best interest of the City to adopt the 2021 edition of the International Fire Code along with local amendments. Now, therefore be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendments. 1. Title 7, Section 1, entitled, "Fire Code Adopted," is hereby deleted and the following new Section 1 is inserted in lieu thereof: That a certain document, one (1) copy of which is on file in the office of the City Clerk of the City of Iowa City, being marked and designated as the International Fire Code, 2021 edition, including errata and Appendix Chapters B, C, D, E, F, G, H, I, J, K, and N as published by the International Code Council, be and is hereby adopted as the Fire Code of the City of Iowa City, in the State of Iowa regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided, providing for the issuance of permits and each, and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the office of the City Clerk are hereby referred to, adopted and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, prescribed in the following sections of this ordinance. 2. Title 7, Section 2, entitled "Amendments to Fire Code," is deleted in its entirety and the following new Section 2 is inserted in lieu thereof: That the following sections are hereby revised: Section 101.1 Insert: Iowa City, Iowa Section 103.1 Insert: Iowa City Fire Department Section 104.1.1 Add a new section to read as follows: The code official and members of the fire prevention bureau shall have the powers of a peace officer in performing their duties under this Code. Section 104.1.2 Add a new section to read as follows: The Fire Chief may appoint and designate such members of the Fire Department as fire/police investigators upon being certified Ordinance No. 23-4904 Page 2 by the Iowa Law Enforcement Academy. Fire/police investigators shall have the powers of a peace officer in performing their duties under this Code, including full powers of arrest to effectuate their duties of enforcing city ordinances and state statutes. Notwithstanding his/her status as a peace officer, a fire/police investigator shall be subject to the rules and regulations of the Iowa City Fire Department for all purposes and shall perform such functions as the Fire Chief shall assign. Section 104.12 Add a new section to read as follows: The 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 or health hazard. Section 105.2 Add a sentence to the end of the section to read as follows: Application for an operational permit shall be submitted with all required information not less than 14 days prior to the event requiring a permit. Section 105.5 Add a sentence to the end of the section to read as follows: The fire code official at their discretion shall send plans for operational permits requests to an outside agency for review. The fire code official shall choose the plans review agency. The applicant shall pay all fees associated with the plan review directly to the outside agency. The permit shall not be issued until the review fees have been paid. Section 105.6 Add a sentence to the end of the section to read as follows: The fire code official at their discretion may send plans for operational permits requests to an outside agency for review. The fire code official shall designate the plans review agency. The applicant shall pay all fees associated with the plan review directly to the outside agency. The permit shall not be issued until the review fees have been paid. Section 111. Delete in its entirety and insert in lieu thereof: See Title 17, Chapter 12 of this Code. Section 112.4 Delete the section and replace with: Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a simple misdemeanor or municipal infraction, as prescribed in Title 1, Chapter 4 of this Code. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Section 202 Add a new definition to read as follows: Crowd Manager. Crowd Manager is responsible for safe crowd movement during daily activities and special events, means of egress, assisting venue occupants, and overseeing emergency response and evacuation plans. Section 202 Add a new definition to read as follows: Emergency Communications Center. The Johnson County Joint Emergency Communications Center. (JCJECC) Section 202 Add a sentence to the end of Fire Lane definition to read as follows: See City Code 9-4-13 for additional rules and regulations. Section 307 See also 6-6 of this Code. Ordinance No.23-4904 Page 3 Section 307.1.2 Add a new section to read as follows: Hours of operation. Outdoor burning allowed by code is permitted between the hours of 7:00 AM and 11:00 PM or as permitted and approved by the fire code official. Section 308.3 Add number 4: Outdoor assembly spaces are allowed to be provided with natural gas fueled fire pit appliances complying with the applicable adopted codes and manufacturer's listing. Section 401.9 Add a new section to read as follows: Building evacuation. Upon activation of the building fire alarm system or upon notification by other means of detecting and reporting unwanted fire, all building occupants shall promptly evacuate the building. Building employees and tenants shall implement the appropriate emergency plan and procedures. Exception: When the emergency evacuation plan, as approved by the fire code official, does not require the immediate total evacuation of the building. Section 402.1 Add a new definition to read as follows: Crowd Manager. Crowd Manager is responsible for safe crowd movement during daily activities and special events, means of egress, assisting venue occupants, and overseeing emergency response and evacuation plans. Section 403.11.3 Add new sentences to read as follows: A-2 Occupancy Crowd Managers. Group A-2 occupancies shall be provided with a minimum of one (1) trained crowd manager anytime occupancy reaches 50 or more. Where the occupant load exceeds 250, additional trained crowd managers shall be provided at a ratio of one (1) crowd manager for every 250 occupants. The crowd manager shall annually receive training approved by the fire code official in crowd management techniques. Section 405.3 Add to the end of the section as follows: Fire and evacuation drills in Group E occupancies shall be conducted in accordance with Section 100.31 of the Code of Iowa. Emergency evacuation/fire drills shall be conducted at least four times a year. Not less than two drills shall be conducted between July 1 and December 31 each year and not less than two drills shall be conducted between January 1 and June 30 of each year. The Iowa City Fire Department shall conduct one of the two drills during July 1 and December 31 and one of the two drills during January 1 and June 30 of each year. Fire drills in Group R, Division 2, Fraternities and Sororities, shall be conducted once per academic semester. Section 405.3 Table Amend frequency of Group E Occupancy to footnote d and add footnote d as follows: d. Group E occupancies shall conduct fire and evacuation drills in accordance with Section 405.3. Section 503.2 Delete this section and replace with: Specifications. Fire apparatus access roads shall be installed and arranged in accordance with sections 503.2.1 through 503.2.9. Section 503.2.9 Add a new section to read as follows: Thickness. Fire apparatus access roads shall be constructed of Portland cement concrete conforming to the specifications of the Iowa Department of Transportation C-3 or M-3 mixes. The concrete access road shall be a minimum of 7 inches thick over compacted soil. Section 505.1. Add table. Minimum Height and Stroke Width a,b,c,d Distance from the centerline of the Public Way (ft) Minimum Height (in) Minimum Stroke Width (in) Less than 100 4 1/2 Ordinance No. 23-4904 Page 4 100 199 6 3/4 200 299 8 1 For each additional 100 Increase 2 Increase 1/2 a) Exterior suite identification, minimum height shall be 4 inches and stroke width shall be 1/2 inch. b) Interior suite identification, minimum height shall be 3 inches and stroke width shall be inch. c) Measurements to determine the minimum number or letter size shall be measured from the approved address location to the center line of the street for which the premise is addressed. d) Minimum height and minimum stroke may be increased by the Code Official. Section 505.3 Add a new section to read as follows: Addresses for Buildings under Construction. Upon permit issuance, all new commercial and residential buildings under construction shall have plainly visible addresses from the street. Additional address signage may be required at the discretion of the code official. Section 506.1 Add a sentence to the end of the section to read as follows: An approved key box shall be installed in an approved location on all new construction. Exception: Group R-3 Section 506.1.2 Delete both references to "nonstandardized". Section 507.3 Delete the section and replace with: Fire flow. Fire flow requirements for buildings or portions of buildings shall be determined by "Appendix B" of this code. Section 507.5.1.1 Delete the section and replace with: Fire Sprinkler System & Standpipe System Support. A fire hydrant shall be located no more than 100 feet from a fire sprinkler or standpipe system connection on hard surface, located on the same side of the fire department access road, easily accessible by fire apparatus, and meeting the approval of the Code Official. Section 507.5.7 Add a new section to read as follows: Fire Hydrant Installation Section 507.5.7.1 Add a new section to read as follows: Fire hydrant outlet direction: All fire hydrants shall be positioned so that the four and one-half (4 1/2) inch connection is facing the street or driveway accessible to fire department apparatus or as specified and required by the local water jurisdiction. Section 507.5.7.2 Fire hydrants threads: All new fire hydrants within the limits of the city of Iowa City shall have National Standard Threads (NST) on the two and one-half (2 1/2) inch connections and the four and one-half (4 1/2) inch connection will have a Storz connection as specified and required by the local water jurisdiction. Section 507.5.7.3 Flow: The minimum flow requirements for a water main serving a fire hydrant is the rate of water flow, at a residual pressure of twenty pounds per square inch (20psi) and for a specified duration, as specified in appendix B of this code or as specified and required by the local water jurisdiction. Section 507.5.7.4 Add a new section to read as follows: Fire hydrant height: Fire hydrants shall be installed a minimum of sixteen (16) inches from the nominal ground level to the center of the lowest water outlet or as specified and required by the local water jurisdiction. Ordinance No. 23-4904 Page 5 Section 510.1 Delete exception 1 & 2. Section 604.8. Add a new section to read as follows: Elevator equipment signage. New and existing buildings with an elevator shall have an approved, visible sign located next to the elevator key box stating the location of the elevator equipment room and elevator power shut- off. Section 604.6.1 Add a sentence to the end of the section to read as follows: The Fire Code Official may require an approved elevator key box in an approved location to secure required elevator keys. Section 606.4 Delete the last sentence and replace with: Movement of new and existing cooking appliances with caster(s) under a Type 1 hood shall be limited by an approved floor mounted restraining device and flexible gas connector installed in accordance with the connector and appliance manufacturer's instructions. Section 606.5 Add a new section to read as follows: Required separation. All deep-fat fryers shall be installed with at least 16- inch space between the fryer and surface flames from adjacent cooking equipment. Where a steel or tempered glass baffle plate is installed at a minimum 8-inch height between the fryer and surface flames to the adjacent appliance, the requirement for a 16-inch space shall not apply. Section 803.16 Add a new section to read as follows: Maintenance. The interior finish of buildings shall be maintained in accordance with the conditions of original approval. Any change to the interior finish that is regulated by the provisions of this code or the building code shall be made in accordance with all applicable requirements. Section 807.5.2.1 Delete exception 2. Section 807.5.5.1 Delete exception 2. Section 901.2 (a) Add a new section to read as follows: Water based fire protection systems. Working plans submitted to the fire department for water-based fire protection systems shall be stamped and approved by a qualified person to be in compliance with applicable NFPA standards and the Iowa City Fire Code. Any changes to the working plans shall be approved by a qualified person. A qualified person shall have a minimum National Institute for Certification in Engineering Technologies [NICET] Level III certification for Automatic Sprinkler System Layout OR be a licensed engineer with experience in life safety system design. Other qualifications may be approved by the code official. Section 901.2 (b) Add a new section to read as follows: Fire alarm systems. Working plans submitted to the fire department by a qualified person for fire alarm systems shall be stamped and approved by a qualified person to be in compliance with applicable NFPA standards and the Iowa City Fire Code. Any changes to the working plans shall be approved by a qualified person. A qualified person shall have a minimum National Institute for Certification in Engineering Technologies [NICET] Level III certification for Fire Alarm Systems OR be a licensed engineer with experience in life safety system design. Other qualifications may be approved by the code official. Section 901.4.7.3. Add a sentence to the end of the section to read as follows: The fire pump room or automatic sprinkler riser room shall have a supervised room temperature sensor. Ordinance No. 23-4904 Page 6 Section 901.4.7.4. Add a sentence to the end of the section to read as follows: Emergency lighting shall be provided in the fire pump room or automatic sprinkler riser room. Section 901.4.7.5 Add a new section to read as follows: Additional Requirements. The fire pump room or automatic sprinkler riser room shall be separated from electrical room and have no electrical panels inside the rooms other than electrical power required for the use of the fire alarm and fire protection equipment and have a floor drain. Unless otherwise approved by the fire code official, the fire sprinkler riser room with one sprinkler riser shall have a minimum area of sixteen (16) square feet with a minimum dimension of four (4) feet providing at least three (3) feet clearance in front of the sprinkler, fire alarm control panel and fire pump equipment. If additional sprinkler risers are installed, the room size shall be increased to provide at least three (3)feet of clearance in front of each riser. Section 901.6.3.2 Add a new section to read as follows: Inspection record submission. Contractors who perform installation, inspection, testing, and/or maintenance services on fire and life safety systems are required to electronically submit all installation and compliant & non- compliant inspection reports to the Fire Department via a method approved by the Fire Code Official within 30 calendar days of the installation/inspection date. Reports submitted after 30 calendar days may incur late fees. Section 901.7 Add a section to the end of the section to read as follows: A person assigned to fire watch must walk through the building at least once every 30 minutes checking for fire or smoke. A fire watch must be continued until the fire alarm system and/ or fire protection system has been restored to normal operating condition or the building has been evacuated. A competent adult familiar with the building must conduct the fire watch. If a fire is discovered, 911 shall be called immediately and the building evacuated. Section 903.3.5.1 Delete this section and replace with: A single domestic and automatic fire sprinkler system water supply. If the city water provider requires a single domestic and automatic fire sprinkler system supply, then the water supply shall be split outside of the building and shall have a shutoff provided for the domestic service after the split outside of the building. The total domestic demand is required to be added to the fire sprinkler demand. Section 903.3.5.2 Delete this section. Section 903.3.5.3 Add a new section to read as follows: Water supply safety margin. The fire sprinkler system hydraulically calculated demand per NFPA 13 or NFPA 13R including required hose stream allowances, and domestic water demand if required by section 903.3.5.2, must be a minimum 10%, but not less than 5 psi below the water supply flow test curve, the flow test must have been conducted within 90 days of fire sprinkler plan submittal to the city and third party reviewer (if applicable) or as deemed current and approved by the local water jurisdiction. The base of riser psi at the time of acceptance test shall also be 10% but not less than 5 psi above the most demanding hydraulically calculated pressure. Section 903.4 Delete exception number 5 without substitution. • Section 903.4.2 Delete the section and replace with: Alarms. An approved weatherproof horn/strobe device shall be mounted directly above the fire department connection between seven (7) and ten (10) feet in height above grade. The water-flow alarm device shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size Ordinance No. 23-4904 Page 7 installed in the system. Approved and supervised audible visual notification appliances shall be installed on each level of the interior of the building as required by the fire code official and NFPA 72. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system. Section 903.5.1 Add a new section to read as follows: Inspector's test valve. An inspector's test valve is required at the most remote location in each fire sprinkler system or tenant/floor control valve space, for use at the acceptance test and to remove air from the system after maintenance work is done on the system. Section 903.5.2 Add a new section to read as follows: Forward Flow Testing. Automatic sprinkler systems shall be provided with an external outlet to perform forward flow testing as required by NFPA 25. Outlet shall be supervised, signed as testing, and have male threads. Section 903.7 Add a new section to read as follows: Zones. Automatic sprinkler system zones shall not exceed the area permitted by NFPA 13 or NFPA 13R and shall provide a sprinkler control valve and waterflow device for each normally occupied floor. The location of sprinkler control valves must be approved by the fire code official. Section 904.13.6 Add a new section to read as follows: Ventilation Operation. The ventilation system shall shut down the make-up air to the hood and continue to exhaust upon activation of the hood fire extinguishing system. Exception: Section 904.13.6 may be revoked if the fire extinguishing agent will not perform to specifications due to exhausting requirements. Section 905.1.1 Add a new section to read as follows: Delete all references to Class II standpipe systems and replace with Class III standpipe systems. Section 905.3.4 Delete the exception without substitution. Section 905.3.9 Add a new section to read as follows: Additional Standpipe Systems: Additional standpipe systems may be added to new buildings or structures as deemed necessary by the Code Official. Section 905.4 Requirement #1 Delete the section and replace with: In every required interior exit stairway, a hose connection shall be provided for each story above and below grade plane. Hose connections shall be located at intermediate landing between stories, unless otherwise approved by the fire code official. Section 906.1 Delete exceptions 1 & 2 without substitution. Section 906.3 Add a sentence to the end of the section to read as follows: The minimum rating of any required portable fire extinguisher for Class A, Class B, or Class C hazard shall be 2-A, 10-B C. Section 907.1.4 Add a new section to read as follows: Fire alarm control panels and Fire alarm annunciator panels. Installation of fire alarm control panels and fire alarm annunciator panels shall be installed in accordance with section 907.1.4.1 through 907.1.4.5. Section 907.1.4.1 Add a new section to read as follows: Fire Alarm Panel Height: Installation of fire alarm panels shall not exceed 6 feet in height measured from the floor to the top of the panel. Exception: Panel height may be altered by the code official. Ordinance No. 23-4904 Page 8 Section 907.1.4.2 Add a new section to read as follows: Number of Fire Alarm Control Panels in Buildings: Only one listed fire alarm control panel shall be allowed per building and shall lock in the alarm until the system is reset and shall not be canceled by the operation of an audible — alarm silencing switch. This control panel shall only receive alarm signals from fire protection equipment. Section 907.1.4.3 Add a new section to read as follows: Combination Fire/Security Alarm System Panels. A listed combination fire/security alarm system panel that meets all the requirements of this code and amendments may be permitted by approval of the fire code official. The fire/security panel shall be capable of providing a signal that can differentiate between the fire and security alarm. Section 907.1.4.4 Add a new section to read as follows: Password/PIN Protection Prohibited: Fire alarm control panels and/or fire alarm annunciator panels that require a password/PIN to silence an alarm/supervisory/trouble signal and/or to reset an alarm/supervisory/trouble signal shall be prohibited. Section 907.1.4.5 Add a new section to read as follows: Fire Alarm Annunciator Panels: The fire code official can require the addition of fire alarm annunciator panels based on the size of building and access to the building. These panels shall meet the requirements of Sections 907.1.4 and 907.2. Section 907.2 Delete the section and replace with: Where required - new buildings and structures. An approved and addressable manual, automatic, or manual and automatic fire alarm system installed in accordance with the provisions of this code and NFPA 72 shall be provided in new buildings and structures in accordance with Sections 907.2.1 through 907.2.23 and provide occupant notification in accordance with 907.5 unless other requirements are provided by another section of this code. Not fewer than one manual fire alarm box shall be provided in an approved location to initiate a fire alarm signal for fire alarm system employing automatic fire detectors or water-flow devices. Where other sections of this code allow elimination of fire alarm boxes due to sprinklers, a single fire alarm box shall be installed. Exceptions: 1) The manual fire alarm box is not required for fire alarm systems dedicated to elevator recall control and supervisory service. 2) The manual fire alarm box is required for Group R-2 occupancies to provide a means for fire watch personnel to initiate an alarm during a sprinkler system impairment event. The manual fire alarm box shall not be located in an area that is accessible to the public. 3) Multi-tenant buildings required to have a manual/automatic fire alarms system shall install one manual pull station per tenant space. 4) Visual notification appliances are not required within self-storage units. Section 907.2.1.3 Add a new section to read as follows: Group A Occupancies. In Group A occupancies, the activation of the fire alarm or fire sprinkler system, shall automatically shut down or stop music, sound systems, conflicting or confusing sounds and visual distractions and initiate illumination of all the means of exit egress components. Section 907.2.9.1 Delete exception 2 without substitution. Section 907.2.11.2 Modify by adding a fourth location requirement as follows: Ordinance No. 23-4904 Page 9 4. Supervised smoke detectors shall be installed in all common corridors and at the top and bottom of all stairway enclosures in Groups R-2, R-3, R-4, and I-1 occupancies. In corridors, detectors shall be located within fifteen (15) feet of the end of the corridor and in such a way that one detector is located for each thirty (30) feet of corridor length or spaced as allowed by the code. Section 907.2.13.2 Delete the section without substitution. Section 907.4.2 Add a sentence to the end of the section to read as follows: Where in the opinion of the code official manual fire alarm boxes may be used to cause false fire alarms, the code official is authorized to modify the requirements for manual fire alarm boxes. Section 907.6.3 Delete this section and replace with: Initiating device identification. The fire alarm system shall identify the specific initiating device with an alphanumeric address description showing location, type of device, and status including indication of normal, alarm, trouble, and supervisory, as appropriate. Alphanumeric descriptions and locations shall be reported to the emergency communications center upon activation of an alarm condition as specified by the fire code official. Exception: 1. Special initiation devices that do not support individual device identification. Section 907.6.4 Modify by deleting the exception and inserting in lieu thereof: Exception: Automatic sprinkler system zones shall not exceed the area permitted by NFPA 13 and shall provide a sprinkler control valve and waterflow device for each normally occupied floor. Section 907.6.4.3 Add a section to read as follows: Zone and address location labeling. Fire alarm and/or annunciator panels shall have all zones and address points plainly and permanently labeled as to their location on the outside of the panel or on an easily readable map of the building, if no display is present. Section 907.6.6 Delete the section and replace with: Monitoring. Fire alarms required by this chapter, the International Building Code, or the Code Official, an approved UL listed Central Station service in accordance with NFPA 72 shall monitor fire alarm systems to provide for the immediate and automatic notification to the emergency communications center. Each initiating device shall report an address point and an alpha/numeric descriptor showing location, type of device and status including indication of normal, alarm, trouble and supervisory status, as appropriate. Alpha/numeric descriptor shall be required to be reported to the emergency communications center upon activation of alarm conditions as specified by the fire code official. Exception: Monitoring by a supervising station is not required for: 1. Single- and multiple-station smoke alarms required by Section 907.2.11. 2. Smoke detectors in Group 1-3 occupancies. 3. Automatic sprinkler systems in one- and two-family dwellings 4. Fire alarm systems in one- and two-family dwellings Section 907.7.4 Add a new section to read as follows: Device/Zone Map. An easily readable fire alarm device and/ or zone map of the building shall be permanently mounted in or near the fire alarm control panel and documentation cabinet showing the location of all initiating devices when required by the fire code official. Ordinance No. 23-4904 Page 10 Section 907.11 Add a new section to read as follows: Approved hold open devices. When installed in buildings that have a fire alarm system and/or sprinkler system, all approved hold open devices shall release upon activation of a fire alarm and/or sprinkler water-flow activation. Section 912.4.1 Delete the section and replace with: Locking fire department connection caps. Locking fire department connection caps approved by the fire department are required for all new construction that have a water-based fire protection system and existing structures that have a water-based fire protection system shall be required immediately after conducting the five-year obstruction and maintenance testing, or if one or more of the fire department caps are missing. Section 912.8 Add a section to read as follows: Fire Department Connection Height. The fire department connection shall be located not less than 18 inches from the bottom of the cap(s) and not more than 3 feet from the top of the cap(s) above the level of the adjacent grade or access level. Deviation from this height may be granted by the Code Official for just cause. Section 912.9 Add a section to read as follows: Size. Minimum fire department connection (FDC) size shall be 21/2" National Standard Thread Siamese connection. Section 1013.7 Add a new section to read as follows. Additional Exit Signs: Exit signs may be required at the discretion of the code official to clarify an exit or exit access. Section 1029.2 Add a second exception as follows: Exception: The main entrance/exit of A-2 occupancies shall be of a width that accommodates not less than two-thirds of the total occupant load. Section 1031.2 Modify 1031.2 by deleting the exceptions and inserting in lieu thereof the following: EXCEPTIONS: 1. The emergency escape and rescue opening is permitted to open onto a balcony within an atrium in accordance with the requirements of Section 404 provided the balcony provides access to an exit and the dwelling unit or sleeping room has a means of egress that is not open to the atrium. 2. Regardless of what Tables 1006.3.4(1) and 1006.3.4(2) allow, all group R-2 occupancies other than hotels and motels must be provided with emergency escape & rescue openings. 3. Emergency escape and rescue openings are not required from basements or sleeping rooms that have an exit door or exit access door that opens directly into a public way or to a yard, court or exterior exit balcony that opens to a public way. Section 5003.5 Add a sentence to the end of the section to read as follows: Signs shall also comply with the requirements of the Iowa Right to Know law. Section 5704.2.9 Add a sentence to the end of the section to read as follows: For aboveground storage tanks of 276 gallons capacity or more, the minimum distance between such aboveground tanks and any Residential Zone boundary must be at least 100 feet. If the aboveground tank is located in an approved vault, the minimum separation distance from a Residential Zone boundary may be reduced to no less than 50 feet. Section 5704.2.11.1 Add a #4 to the end of the section to read as follows: 4. A,minimum distance of ten (10) feet shall be maintained between underground tanks and any Residential Zone boundary. • Ordinance No. 23-4904 Page 11 Section 5704.2.13.2.4 Add a section to read as follows: Existing above-ground tank hazards. Existing above-ground tank installations, even if previously approved, that are determined to constitute a hazard by the fire code official, shall not be continued in service. Unsafe tanks shall be removed as required by the fire code official and in accordance with this code. That the geographic limits referred to in certain sections of the 2021 International Fire Code are hereby established as follows: Section 5704.2.9.6.1. The storage of Class I and Class II liquids in above-ground tanks outside of buildings is prohibited in the entire City of Iowa City, Iowa. Exception: Zones 11&2, CI 1 and/or as approved by the Fire Chief. Section 5706.2.4.4. The storage of Class I and Class II liquids in above-ground tanks is prohibited in the entire City of Iowa City, Iowa. Exception: Zones 11&2, CI 1 and/or as approved by the Fire Chief. Section 6104.2. The storage of liquefied petroleum gas is prohibited in the entire City of Iowa City, Iowa. Exception: Zones 11&2, CI 1 and/or as approved by the Fire Chief. Section II. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be in full force and effect after final passage, approval and publication, as provided by law. Passed and approved this 20th day of June , 2023. o"-- U-gl-g4..)2-- Attest: City C erk Approved by: City Attorn 's Office (Sue Dulek—05/30/2023) Ordinance No. 23-4904 Page 12 It was moved by Dunn and seconded by Thomas that the Ordinance as read be adopted, and upon roll call there were: Ayes: Nays: Absent: X Alter X Bergus X Dunn X Harmsen X Taylor X Teague X _ Thomas First Consideration 06/06/2023 Vote for passage: AYES: Alter, Bergus, Dunn, Harmsen, Taylor, Teague, Thomas NAYS: None ABSENT: None Second Consideration Vote for passage: Date published 06/29/2023 Moved by Taylor, seconded by Alter, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Alter, Bergus, Dunn, Harmsen, Taylor, Teague, Thomas NAYS: None ABSENT: None Prepared By:Susan Dulek, First Ass't. City Attorney Reviewed By:Kellie K. Fruehling, City Clerk Ashley Platz, Deputy City Clerk Geoff Fruin, City Manager Fiscal Impact:none Staff Recommendation:Approval Commission Recommendations:N/A Attachments:Memo to City Council from City Clerk Email from Ben Snyder: Suggested ordinance changes Attachment to email with staff responses ordinance Item Number: 10.e. June 20, 2023 Ordinance Amending Title 5, Entitled "Business and License Regulations," Chapter 2, Entitled “Taxicabs,” to define pedicabs separately from taxicabs. (First Consideration) Executive Summary: The City Code currently includes pedicabs within the definition of taxicabs. Although the requirements to drive a pedicab and to own a pedicab business are largely the same as those for taxicabs that are motor vehicles, there are some notable differences. Including taxicabs within the definition of taxicab requires exceptions throughout the Code provisions to distinguish when the requirements differ. This ordinance places all the pedicab requirements in a separate provision from the motor vehicle provisions to make it easier for pedicab drivers, pedicab businesses, and the public to locate the requirements. Background / Analysis: A pedicab business contacted the City requesting certain changes to the requirements governing pedicabs. The business also pointed out a couple of provisions that did not apply to pedicabs (such as a taximeter), but simply due to an oversight were not excepted out from the requirements applicable to motor vehicles. When staff was considering the changes recommended by the pedicab business, staff concluded it would be more clear to pedicab owners, drivers, and the public if the provisions governing pedicabs were contained in a separate section of the Code from those regulating motor vehicles. Although the ordinance moves all the pedicab provisions to a new section, substantively the provisions governing pedicabs will not change except staff recommends the following four changes requested by the pedicab business: 1) pedicab businesses should not be required to maintain manifest logs; 2) pedicab business should not be required to have an office telephone number answerable 24/7; 3) drivers in training do not need prior approval of the City but cannot transport passengers; and 4) pedicab businesses should not be required to have a unique color scheme but the pedicabs need to look alike for purposes of identification by the public. The ordinance also prohibits the use of electronic cigarettes by drivers and passengers in taxicabs and pedicabs. Date:June 14, 2023 To:City Council From:Kellie Fruehling, City Clerk Re:Suggested Ordinance Changes – IC Recommended Pedicab Ordinances On April 6, 2023, City Council received an email from pedicab owner, Ben Snyder, regarding suggested changes to the City Code regarding pedicabs. When staff (City Manager’s office, Police Department, and City Clerk’s office) was considering the changes recommended by the pedicab business, they concluded it would be more clear to pedicab owners, drivers, and the public if the provisions governing pedicabs were contained in a separate section of the Code from those regulating motor vehicles, the proposed ordinance separates the two. Attached is the email and suggested changes with the staff responses underscore and in bold after each section. From:Ben Snyder To:*City Council Subject:Suggested Ordinance Changes Date:Thursday, April 6, 2023 12:19:25 PM Attachments:We sent you safe versions of your files.msg IC Reccomended Pedicab Ordinances.docx ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. Good afternoon, I would like to recommend some changes to Pedicab Ordinances as outlined in the attached document. Please let me know if you have any questions, and thank you for being great public servants. Ben Snyder 319.350.7729 pedalpower.online 1 EMAIL FROM BEN SNYDER TO CITY COUNCIL DATED APRIL 6, 2023 (City staff responses are underscored and in bold) ********************* Yellow highlights indicate specific ordinances in question. Green highlights are my reccomendations for changes to the ordinance(s). Recommended ordinance addition Pedmall operation o It is recommended that pedicabs be allowed to operate on the Ped Mall under the following circumstances For disabled people to have access To build up the community development (Merge Space, the Graduate…etc) at speeds no more than 5 mph No change is recommended by City staff. Section 10-5-3 of the City Code does not allow use within the Plaza. PEDICAB: A vehicle propelled primarily by human power through a belt, chain or gears, having two (2) or more wheels, furnished with a driver and carrying passengers for hire. A motor may assist or supplement the human power, but the pedicab cannot be propelled exclusively by the motor. It shall be equipped with properly functioning front and rear lights for nighttime operation, right and left rearview mirrors and right and left turn signals, and operates without a taximeter. I have been informed by the Clerk’s Office that in order to charge a variable rate based on distance / time I need to have a meter. Per the ordinance I do not. A taximeter for a pedicab is difficult due to space, lack of power, and connectivity during busy events. I recommend to stick with the ordinance. I have been told by the clerks office that I only need one mirror. This seems adequate. In addition I have been told that turn signals are not necessary. This is a technical hurdle for a pedicab and I support striking this from the ordinance. Especially when hand signals work well for bicycles. No change is recommended by City staff due to the safety and welfare of pedicab drivers and their passengers. 5-2-2: BUSINESS LICENSES: E. No taxicab business shall allow a person to drive a taxicab unless the driver has the authorization of the City Clerk. (Ord. 15-4608, 2-9-2015) Recommend an exemption to this for training current and prospective employees if the ordinance is to stay. Staff agrees with the recommendation that drivers in training do not need prior approval of the City on the condition they cannot transport passengers 2 Pedal Power doesn’t always operate as taxi. Sometimes we are hired by private parties and we also produce our own events. Business may operate with a signed contract 24 hours in advance of the event. Recommend that the requirements and process for driver applicants be eliminated or streamlined. a. Des Moines and Cedar Rapids do not require pedicab driver applications. i. Cedar Rapids does require a background check to be made by the company an held on file No change is recommended by City staff due to the safety and welfare of passengers. ii. The approval process and timeline by ICPD and Clerk’s Office creates up to a two week window of uncertainty. A company can lose a prospective employee or need to fill work hours with an employee until approved b. Have more than one officer dedicated to review driver applications in case one is off duty c. Have a clear way to track documents dropped off to ICPD and approval notification d. Have a transparent and consistent process of how an approved driver is notified and their information sent to Clerk from PD This is an administrative process and does not require an ordinance change. e. Full name and picture ID of drivers i. Creates potential stalking issues ii. Pedicabs are not traditional taxis – our cabs are incredibly visible / conspicuous, lack doors that could entrap a customer, unable to travel large distances, and primarly operate around large crowds f. Certified driving records and background checks required for drivers may not always be obtainable for employees (students) who list their address in a different state than Iowa. g. Pedicabs by design do not always have the space for ID cards of specified size, and a breeze or elements can blow ID cards out of their slots No change is recommended by City staff due to the safety and welfare of passengers. h. Create better online forms and submission of all documents to be more efficient, clear, and to help the environment This is an administrative process and does not require an ordinance change. G. Taxicab businesses shall maintain manifest logs, stored electronically or otherwise. Manifest logs must be maintained and accessible to the City for a minimum of sixty (60) days. (Ord. 15-4608, 2-9-2015) It is unclear if this applies to pedicabs. 3 By the City not requiring a meter for cabs it makes having a manifest difficult due to a lack of input information. Again by design pedicabs do not have the physical space or electrical charging capacity to maintain a manifest log. And by the area’s served and function pedicabs do not transport people in the way a traditional cab does. There is no city reference to required specific manifest log data Staff recommends this section be removed for pedicabs. 5-2-3: ACCESSIBILITY OF RECORDS: A. Taxicab businesses shall maintain manifest logs, stored electronically or otherwise, for a minimum of sixty (60) days. The manifest logs shall be accessible to the City during the sixty (60) day period. (Ord. 15-4608, 2-9-2015) See above Staff recommends this section be removed for pedicabs. 5-2-4: DRIVER REQUIREMENTS: A. No person shall operate a taxicab without authorization of the City Clerk. B. 1. Each person desiring to drive a taxicab shall file an application with the City Clerk. 2. If the City Clerk finds that the applicant has fully complied with the requirements of this chapter and the Police Chief or Chief's designee has determined that there is no information which would indicate that authorization to drive a taxicab would be detrimental to the safety, health or welfare of residents of the City, the City Clerk shall authorize the individual to drive a taxicab. Names of authorized drivers will be made available in the Office of the City Clerk during regular business hours and on the City website. 3. Driver authorization shall be valid for a period of one year from date of issuance. C. 1. Beginning March 1, 2015, each driver while operating a taxicab, which includes a prearranged ride, shall prominently display in locations in both the front and rear compartments a picture identification card that is visible to all passengers. The City shall provide the picture identification card and shall approve the locations where it is displayed. 2. Prior to March 1, 2015, each driver while operating a taxicab in the City, shall prominently display in locations in both the front and rear compartments an identification card that is visible to all passengers which is issued by the taxicab business showing the full name of the driver and the taxicab business. The card must be at least eight and one-half inches (81/2") in width and five and one-half inches (51/2") in height. The City issued identification card satisfies this provision. See above No change is recommended by City staff due to the safety and welfare of passengers. 5-2-5: VEHICLE REQUIREMENTS: A. Except as provided herein, each taxicab shall be subject to an annual inspection, and no taxicab shall pass inspection unless it complies with this chapter, the vehicle equipment requirements of the Code of Iowa, and administrative rules. 4 B. The City may require reinspection of a taxicab on belief that it is not mechanically fit. 1. In the event any taxicab is determined by the City Equipment Superintendent or designee not to be mechanically fit, the decal shall be confiscated and returned to the City Clerk. After reinspection and determination that the taxicab meets the standards of mechanical fitness, a new decal will be issued and charged as established by Council resolution. 2. The Police Chief or designee may require reinspection of a taxicab on belief that it is in such unsafe condition as to endanger any person. In the event any taxicab is determined by the Police Chief or designee to be in such unsafe condition as to endanger any person, the decal shall be confiscated and returned to the City Clerk. After reinspection and determination that the taxicab meets the standards of mechanical fitness, a new decal will be issued and charged as established by Council resolution. 3. In the event any network taxicab is determined by the City Equipment Superintendent or designee not to be mechanically fit, the City shall notify the network representative, and the network representative must immediately deny the driver access to the network's system. After reinspection and determination that the taxicab meets the standards of mechanical fitness, the City shall notify the network representative and the driver may be allowed access to the network's system. Recommend that the city allows local bicycle shops to insect the vehicle given their expertise on this specific type of vehicle. This would allow for easier appointments for time management for pedicab companies and transport. No change is recommended by City staff. The local shops would need to be trained on the City requirements, and having City staff inspect ensures all pedicabs are uniformly inspected. C. In order to solicit passengers, be hailed, or be dispatched to a passenger, a metered taxicab business and driver, and pedicabs and horsedrawn vehicles as applicable, must meet the following requirements: 1. Taximeter: All taxicabs must be equipped with a taximeter that is in good operating order. Contradicts pedicab definition A taximeter is not required for pedicabs. Clarification of this will be made with the ordinance change. 2. Lettering Required: Each taxicab shall have the name of the taxicab business on each side of the vehicle in letters at least four and one-half inches (41/2") in height. Removable signs and peel off letters shall not be allowed. If a phone number is provided, the number shall be the same number that appears on the taxicab business application and rate card. All other letters and numbers shall not be greater than three inches (3") in height. Lettering may be allowed on a window, if approved by the City Equipment Superintendent or designee. Notwithstanding any provision herein, the lettering requirements for pedicabs shall be set by administrative rule. Pedicabs vary by model and do not always have space to meet this lettering size Coralville, Des Moines and Cedar Rapids do not require letter size requirements 5 o Pedicabs are more unique and do not have similarities that traditional taxis have. Nor can they be confused with general traffic in case of needing to be found and identified. o I recommend doing away with the decal requirement as the Police Department is able to access this information at any time. It is recommended that the size requirement be eliminated or… o Set to a percentage of side panel size and / or allowed to be displayed in areas with more space on the vehicle such as the rear or in the triangular frame o Allow different models to have differently sized and shaped panels as long as they are aesthetically similar. No change is recommended by City staff. Pedicab lettering is set by administrative rule (AR-6). The business name is 3-1/2” and all other numbers or lettering shall not be great than 3” in height and a minimum of 2” in height. 2. Color Scheme: Beginning June 1, 2015, all metered taxicabs must have a unique and distinctive color scheme and design, which must be approved by the City. o There is no clear definition of color scheme. The Clerk’s office has stated that no changes can be made to a pedicab down to miniscule details that on a traditional taxi would be trivial. o Traditional taxis can have their color altered easily. To change the color of a pedicab it hasa to be completely stripped down to the frame and the whole vehicle has to be reassembled. This is cost and time prohibitive for a small business pedicab company that functions slightly differently than traditional taxis. o Pedicabs by the Clerk’s definition may not adhere to the color scheme if they have a removable canopy, lights, or advertisements that interchange o It is recommended that this stipulation only be applicable to the frame color and outside panels. Staff recommends pedicab businesses should not be required to have a unique color scheme but the pedicabs need to look alike for purposes of identification by the public. 5-2-6: DECALS: A. Each taxicab business shall file an application for a decal for each taxicab with the City Clerk on forms provided by the City. B. No person shall operate a taxicab on any street unless a decal has been issued by the City Clerk, and no taxicab business shall allow a taxicab to be operated on any street unless a decal has been issued by the City Clerk. The decal shall be attached to the lower corner of the front windshield on the passenger side. Pedicabs or horsedrawn vehicles shall display the decal on the left rear of the taxicab. See above Major cities in Iowa either do not issue a pedicab decal or in the rare cases they do they do not require a specific location of placement Decals are very hard to find space for on a pedicab with small rounded or square bars Decals provided by the city are window clings and thus do not attach to windowless pedicabs 6 It is recommended that decals be eliminated or kept in a safe spot within the cab so wind and chassis fixtures to not let it come loose. No change is recommended by City staff. Decals have been changed to a sticker for pedicabs as opposed to the window cling for taxicabs. Prepared by: Susan Dulek, First Ass't.City Attorney,410 E.Washington Street, Iowa City, IA 52240;319-356-5030 Ordinance No. Ordinance Amending Title 5, Entitled "Business and License Regulations," Chapter 2, Entitled "Taxicabs," to define pedicabs separately from taxicabs. Whereas, the City Code currently includes pedicabs within the definition of taxicabs; Whereas, although the requirements to drive a pedicab and to own a pedicab business are largely the same as those for taxicabs that are motor vehicles, there are some notable differences; and Whereas, including pedicabs within the definition of taxicab requires exceptions throughout the Code provisions to distinguish when pedicab requirements differ from motor vehicles; and Whereas, having the pedicab provisions located in a separate provision from the motor vehicle provisions will make it easier for pedicab drivers, pedicab businesses, and the public to locate the requirements; and Whereas, it is in the best interest of the city to adopt this ordinance. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendments. 1. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," is amended by adding the following underscore text to the title of Chapter 2: Taxicabs and Pedicabs. 2. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs and Pedicabs," Section 1, entitled "Definitions" is amended by adding the underlined text and deleting the strike through text as follows: Applicant: A person or entity wishing to operate as a taxicab or pedicab business within the corporate city limits or a person wishing to drive a taxicab or pedicab. Decal: A sticker issued by the city clerk for each taxicab or pedicab operated by a taxicab or pedicab business. Driver: A person who is authorized by the city to drive a taxicab or pedicab. License: Written permission by the City to operate a taxicab or pedicab business. Metered Taxicab: A taxicab in which the taxicab business dispatches a driver to a passenger or the driver responds to a passenger via traditional street hail, including hand gestures and verbal statements. A metered taxicab does not include a pedicab or horsedrawn vehicle. Metered Taxicab Business: A taxicab business that operates at least one taxi by means of dispatching drivers and/or by means of traditional street hail, including hand gestures and verbal statements. A metered taxicab business does not include taxicab services provided by pedicabs d horsedrawn vehicles. Passenger: An individual being transported by a taxicab or pedicab business. Pedicab Business: A person or entity that provides pedicab services originating within the corporate limits of the City of Iowa City. Taxicab: All vehicles furnished with a driver that carry passengers for hire within the City, including, but not limited to, metered taxicabs, network taxicabs, pedicab:,, and horsedrawn vehicles. "Charter transportation," "pedicab," and "airport shuttle", as Ordinance No. Page 2 defined in this section, and a vehicle owned or operated by any governmental entity that provides public transportation are not taxicabs. 3. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs and Pedicabs," Section 2, entitled "Business Licenses," Subsections A and F are amended by deleting the strike through text and adding the underscore text as follows: A. Taxicab business licenses shall be valid for one year. All business licenses shall commence on June 1 of each year, and shall expire on May 31. No business licenses will be issued unless an application is filed by May 1, except for pedicabs and horsedrawn vehicles. F. The license may be sold, assigned, or transferred if the buyer, assignee, or transferee, as applicable, meets all the requirements of this chapter an applicant must meet. 4. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs and Pedicabs," Section 4, entitled "Driver Requirements," Subsection D is amended by adding the underscore text as follows: D. No driver shall smoke or use an electronic cigarette while transporting a passenger. No driver shall allow a passenger to smoke or use an electronic cigarette. "Electronic cigarette" means vapor product as defined in section 453A.1 of the Code.of Iowa. 5. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs and Pedicabs," Section 5, entitled "Vehicle Requirements," Subsection and D are amended by deleting the strike through text as follows: C.2. Lettering Required: Each taxicab shall have the name of the taxicab business on each side of the vehicle in letters at least four and one-half inches (41/2") in height. Removable signs and peel off letters shall not be allowed. If a phone number is provided, the number shall be the same number that appears on the taxicab business application and rate card. All other letters and numbers shall not be greater than three inches (3") in height. Lettering may be allowed on a window, if approved by the City Equipment Superintendent or designee. Notwithstanding an„ provision herein, the lettering requirements for pedicabs shall be set by administrative rule. D. Except for pedicabs and horsedrawn vehicles, each taxicab business shall provide a minimum of two (2) taxicabs, and one taxicab shall be in operation at all times. At least two (2) taxicabs shall be insured and shall have a decal at all times. 6. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs and Pedicabs," Section 6, entitled "Decals," Subsections. B and I are amended by deleting the strike through text as follows: B. No person shall operate a taxicab on any street unless a decal has been issued by the City Clerk, and no taxicab business shall allow a taxicab to be operated on any street unless a decal has been issued by the City Clerk. The decal shall be attached to the lower corner of the front windshield on the passenger side. Pedicabs or horsedrawn vehicles shall display the decal on the left rear of the taxicab. I. No person shall operate a motorized vehicle or; a horsedrawn vehicle, or a pedicab that has a decal attached to it if the decal is not valid. A decal that is not valid includes, but is not limited to, the following situations: 1)the decal is outdated; 2) the insurance for the taxicab as required in this chapter has been canceled or otherwise terminated; or 3)the taxicab business has notified the City Clerk that the vehicle is no longer part of its fleet. Ordinance No. Page 3 7. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs and Pedicabs," Section 7, entitled "Liability Insurance Requirements," Subsection E is amended by adding the underscore text as follows: E. Insurance coverage for the driver of a network taxicab shall, at a minimum, be for incidents involving the driver during a prearranged ride and shall provide coverage at all times the driver is engaged in a prearranged ride. Insurance coverage of a metered taxicab, which is not titled in the name of the business, shall be for incidents involving the driver when the vehicle is operated as a taxicab and shall provide coverage at all times a driver is operating the taxicab. Insurance coverage of a metered taxicab, which is titled in the name of the business, and pedicabs and horsedrawn vehicles;shall be for all incidents. 8. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs and Pedicabs," is amended by renumbering Sections 10, 11, 12, and 13 as Sections 11, 12, 13, and 14 respectively. 9. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs and Pedicabs," is amended by adding the following underscore text and numbering it Section 10 entitled "Pedicabs": Business Licenses: A. Pedicab business licenses shall be valid for one year. All business licenses shall commence on June 1 of each year and shall expire on May 31. B. Each applicant for a pedicab business license shall file an application with the City Clerk on forms provided by the City. C. If the City Clerk finds that the applicant has fully complied with the requirements of this chapter, the applicant has no outstanding judgments arising from Municipal infraction citations, and the Police Chief or Chiefs designee has determined that there is no information which would indicate that the issuance of the license would be detrimental to the safety, health or welfare of residents of the City, the City Clerk shall issue a license to conduct a pedicab business. D. If the City Clerk subsequently finds that the pedicab business is not in full compliance with the requirements of this chapter or if the Police Chief or Chiefs designee finds that continued operation of the pedicab business would be detrimental to the safety, health or welfare of residents of the City, the City Clerk may revoke or suspend the license to conduct a pedicab business as provided in section 5-1-5 of this title. E. No pedicab business shall allow a person to drive a pedicab unless the driver has the authorization of the City Clerk except to train current or prospective employees without passengers. F. The license may be sold, assigned, or transferred if the buyer, assignee, or transferee, as applicable, meets all the requirements of this chapter an applicant must meet. Driver Requirements: A. No person shall operate a pedicab without authorization of the City Clerk. B. 1. Each person desiring to drive a pedicab shall file an application with the City Clerk. 2. If the City Clerk finds that the applicant has fully complied with the requirements of this chapter and the Police Chief or Chiefs designee has determined that there is no information which would indicate that authorization to drive a pedicab would be detrimental to the safety, health or welfare of residents of the City, the City Clerk shall authorize the individual to drive a pedicab. Names of authorized drivers will be made available in the Office of the City Clerk Ordinance No. Page 4 during regular business hours and on the City website. 3. Driver authorization shall be valid for a period of one year from date of issuance. C. Each driver while operating a pedicab shall prominently display in locations directly in front of the passengers a picture identification card that is visible to all passengers. The City shall provide the picture identification card and shall approve the locations where it is displayed. D. No driver shall smoke or use an electronic cigarette while transporting a passenger. No driver shall allow a passenger to smoke or use e-cigarette. "Electronic cigarette" means vapor product as defined in section 453A.1 of the Code of Iowa. Pedicab Requirements: A. Each pedicab shall be subject to an annual inspection, and no pedicab shall pass inspection unless it complies with this chapter, the pedicab equipment requirements of the Code of Iowa and administrative rules. B. The City may require reinspection of a pedicab on belief that it is not mechanically fit. 1. In the event any pedicab is determined by the City Equipment Superintendent or designee not to be mechanically fit, the decal shall be confiscated and returned to the City Clerk. After reinspection and determination that the pedicab meets the standards of mechanical fitness, a new decal will be issued and charged as established by Council resolution. 2. The Police Chief or designee may require reinspection of a pedicab on belief that it is in such unsafe condition as to endanger any person. In the event any pedicab is determined by the Police Chief or designee to be in such unsafe condition as to endanger any person, the decal shall be confiscated and returned to the City Clerk. After reinspection and determination that the pedicab meets the standards of mechanical fitness, a new decal will be issued and charged as established by Council resolution. C. The lettering requirements for pedicabs shall be set by administrative rule. The pedicabs of each pedicab business shall be substantially similar in color and design, which must be approved by the City. Decals: A. Each pedicab business shall file an application for a decal for each pedicab with the City Clerk on forms provided by the City. B.. No person shall operate a pedicab on any street unless a decal has been issued by the City Clerk, and no pedicab business shall allow a pedicab to be operated on any street unless a decal has been issued by the City Clerk. Pedicabs shall display the decal on the left rear of the pedicab. C. If the City Clerk finds that the pedicab business has fully complied with the requirements of this chapter and the City Equipment Superintendent or designee determines that there is no information which would indicate that issuance of the decal would be detrimental to the safety, health or welfare of residents of the City, the City Clerk shall issue a decal for the pedicab. D. The decal shall be nontransferable as between pedicabs and pedicab businesses. E. Decals will be issued by the City Clerk on the next business day at least twenty four(24) hours after the filing of a completed application for such decal with the City Clerk. F. The pedicab business shall return the decal within two (2) business days of when the vehicle is no longer operating as a pedicab. Failure to comply with this provision is grounds to suspend and revoke the pedicab business license. G. No person shall operate a pedicab that has a decal attached to it if the decal is not valid. A decal that is not valid includes, but is not limited to, the following situations: 1) the decal is outdated; or 2) the insurance for the taxicab as required in this chapter has been canceled or otherwise terminated. Ordinance No. Page 5 Liability Insurance Requirements: A. The pedicab business shall insure each driver consistent with the requirements of this chapter. B. The minimum limits of the insurance policy shall be determined by the City's risk manager. C. The pedicab business shall file with the City Clerk evidence of liability insurance coverage in the form of one certificate of insurance that lists all pedicabs insured. The certificate of insurance must be acceptable to the City. D. The insurance company must be authorized to do insurance business in the State of Iowa and be acceptable to the City. E. Insurance shall be for all incidents. F. Notwithstanding section 5-1-5 of this title, the cancellation or other termination of an insurance policy required by this chapter shall automatically suspend the business license. The City Clerk shall immediately issue written notification to the pedicab business of the suspension of the license. The City Clerk will schedule a suspension hearing before the City Manager or designee in the same manner as in section 5-1-5 of this title. If the pedicab business obtains insurance coverage that complies with this chapter prior to the hearing on the suspension, the City Clerk may withdraw the suspension and cancel the hearing. Upon the City Clerk suspending the license, the pedicab business shall return all decals to the City Clerk. If the suspension of the business license is subsequently withdrawn, the pedicab business must apply for new decals in accordance with the terms of this chapter and at its expense. Rates: A. Rates shall be either: 1. a flat fee based on the number of passengers regardless of distance or time; or 2. a fee structure approved by the City. B. Pedicab businesses and drivers shall provide rate information to all passengers by means of a rate card that is prominently displayed to all passenger seats and each driver shall provide a copy of said card to a passenger, when requested. A copy of the rate card shall be filed with the City Clerk. Whenever the pedicab business desires to change the rate charged, the pedicab business shall file a rate card with the City Clerk setting forth the new rates. C. No pedicab business or driver shall charge a fare exceeding the amount communicated to passengers through the rate card. Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2023. Mayor Attest: City Clerk Approved by / ' City Attorney's O ice (Sue Dulek—06/14/23) Ordinance No. Page 6 It was moved by and seconded by that the Ordinance as read be adopted and upon roll call there were: Ayes: Nays: Absent Abstain Alter Bergus Dunn Harmsen Taylor Teague Thomas First Consideration: 06/20/2023 Vote for passage: AYES: Alter, Bergus, Dunn, Harmsen, Taylor, Teague, Thomas NAYS: None ABSENT: None Second Consideration: Vote for passage Date published