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Home My WebLink About2007-09-18 Ordinance 1 ~ 1 f~~''t ~ ~aln~ ....: CITY OF IOWA CITY MEMORANDUM l3~t) ) Date: September 12, 2007 From: City Council Dale Helling, Interim City Man Eleanor Dilkes, City Attorney MidAmerican Franchise Ordinances To: Re: Proposed ordinances granting franchises to MidAmerican Energy for electric and gas utility services are included in Council's September 18, 2007 agenda packet under items 3,d) 1 and 2 setting public hearings for October 2, These ordinances are the result of our negotiations with MidAmerican over the past approximately 11 months, and are presented for Council consideration. In addition to ourselves, the City's negotiation team consisted of council members Regenia Bailey and Dee Vanderhoef, Ivan Webber, an attorney with the law firm of Ahlers & Cooney, P,C" provided legal representation for our negotiating team and will be present at your September 17 work session to further advise Council during your discussion, These ordinances contain provisions commonly found in many franchises, We also identified issues of particular interest to the City that we targeted in our negotiations, Significant among these are the following. Use of Public Riqht-of-way The ordinances clarify that the right of the Company to locate infrastructure in the public right-of- way does not extend to other public places such as parks. Duration The franchise is granted for 25 years with termination options at the 10th and 20th years, Such termination must be by Resolution during the 9th or 19th year of the franchise and is solely at the discretion of the City Council. Electric Industry Restructurinq The City specifically is not limited or prohibited from taking advantage of benefits and/or protections of a restructured electric utility industry, Excavations 24 hours notice to the Public Works Director, except in emergencies, is required for any excavations on the public right-of-way, The company must also obtain an excavation permit. Construction Notification MidAmerican must use its "best efforts" (Le" door hangers, telephone contact, direct mail) to notify contiguous affected customers when any significant construction or maintenance is done in the public right-of-way, , I ' September 12, 2007 Page 2 PruninQ/Removal of VeQetation Pruning of trees and shrubs must comply with nationally accepted safety and utility industry standards established by the American National Standard for Arboriculture Operations - Safety Requirements and with the 2001 Pruning, American National Standard for Tree, Shrub, and other Woody Plant Maintenance - Standard of Practices Pruning, and with city ordinances. Community Support MidAmerican will provide annual reports to the Council of community contributions made by the Company or its foundation, The written report will include the amount of the contribution and the recipient thereof, as well as a comparison of the current reporting year with contributions from the three prior years, Franchise Fee The City reserves all rights under the law to impose a franchise fee upon giving 90 days notice to the Company, The Company must provide an accounting showing the fee was correctly calculated, and the City may audit the basis for such calculations, Eminent Domain The Company may, with City approval, condemn private property for the purpose of providing electrical service to the public, With respect to each exercise of eminent domain the Company must demonstrate the necessity of the taking and the City Council must approve the condemnation if the Council finds that it serves the public interest, does not create an unacceptable public safety problem and there is no reasonable alternative. Relocation/UnderQroundinQ of Facilities The Company must, at the City's request, relocate its facilities to accommodate construction/reconstruction/maintenance of public improvements, The City also may require the Company to place its facilities underground, The cost of moving the facility from one location to another will be paid by the Company with the City to reimburse the company for any additional cost occasioned by placing the facility underground. EnerQY Efficiency The Company agrees to maintain, administer, and operate energy efficiency and/or conservation programs as approved by the Iowa Utilities Board. EmerQency ManaQement The Company will participate in a disaster or emergency response communications task force. A specific commitment to participate in emergency drills, training exercises, etc" will be by separate agreement. Alternate/Renewable EnerQY Sources The Company will participate in a City task force, if requested, to identify and utilize City- generated renewable energy options, If the City becomes an alternate energy producer via a municipally owned facility, the Company shall enter into an agreement to purchase the energy produced, subject to statutory requirements and regulations, September 12, 2007 Page 3 Please contact either of us if you have any questions regarding these items, mgr/asstlmem/midam-franchise9-12.doc Prepared by Eleanor Dilkes, City Attorney, 410 EWashington 51., Iowa City, IA 52240 (319)356-5030 ORDINANCE NO. AN ORDINANCE GRANTING TO MIDAMERICAN ENERGY COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND FRANCHISE TO ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF IOWA CITY, A NATURAL GAS SYSTEM FOR A PERIOD OF TEN YEARS, WITH A TEN YEAR AND FIVE YEAR RENEWAL THEREAFTER, TO FURNISH, DELIVER AND SELL NATURAL GAS TO SAID CITY AND ITS INHABITANTS, WHEREAS, the franchise previously granted by the City to MidAmerican Energy Company's successor and codified at Chapter 2, Title 12 of the City Code expired in November 2001; and WHEREAS, the City and MidAmerican Energy Company have negotiated a new franchise agreement on the terms set forth herein; and WHEREAS, it is deemed in the interest of the City and its citizens to enact the following franchise ordinance, NOW THEREFORE, BE IT ENACTED by the City Council of the City of Iowa City, that Title 12, Chapter 2 of the City Code is hereby repealed in its entirety and the following is substituted in lieu thereof: 12-2-1, There is hereby granted to MidAmerican Energy Company, an Iowa corporation, hereinafter called "Company," and to its successor and assigns the right and franchise to acquire, construct, erect, maintain and operate in the City of Iowa City, Iowa hereinafter called the "City," a gas distribution system, to furnish natural gas along, under and upon the streets, avenues, alleys and rights of way of the City to serve customers within and without the City and to furnish and sell natural gas to the City and its inhabitants, The City Council reserves to itself the right to extend this franchise to other public places upon request from the Company. Rights are hereby granted for all existing facilities located in other public places prior to the date of this agreement. 12-2-2, The City may terminate this franchise by resolution adopted more than one, but less than two years prior to the tenth anniversary of the effective date of this Ordinance, In the event the City Council does adopt such a resolution, this franchise will terminate on the tenth anniversary of the effective date. In the event such a resolution is not adopted the City may terminate this franchise only by resolution adopted more than one but less than two years prior to the twentieth anniversary of the effective date of this Ordinance. In the event the City Council does adopt such a resolution this franchise will terminate on the twentieth anniversary of the effective date. If neither such resolution is adopted this franchise will terminate on the twenty-fifth anniversary of the effective date, 12-2-3. The rights and privileges hereby granted to the Company its successors and assigns are subject to applicable provisions of the Iowa Code, including but not limited to the restrictions and limitations of Iowa Code Chapter 364 (2007) or as subsequently amended or changed, the Code of Ordinances of the City of Iowa City, any other applicable statues or regulations promulgated by Federal or State agencies under federal or state laws, all of said laws, codes, ordinances, statutes and regulations as presently enacted or subsequently amended, The Company reserves the right to -1- challenge or contest the City's interpretation or application of any of said laws, codes, ordinances, statutes, and regulations, The City may make such lawful and reasonable amendments to the provisions of the Code of Ordinances of the City of Iowa City affecting or regulating the Company in its operation of the natural gas utility, as the City deems necessary and proper, within the scope of its authority as authorized by the Constitution and Code of Iowa. The franchise granted herein shall not restrict in any manner the right of the City in the exercise of any power which it now has or which may hereafter be authorized or permitted by the Constitution or laws of the State of Iowa, 12-2-4, The Company shall have the right to excavate in any City street, avenue or alley for the purpose of laying, relaying, repairing or extending gas pipes, mains, conduits, and other gas system components provided the same shall be placed in accord with this franchise and any regulation the City may from time to time adopt or amend regarding the placement of facilities or structures of utilities, provided same is not in conflict with Company's standards or state and federal regulation, and other right of way users' facilities or structures, in the right of way. 12-2-5, The Company is authorized to make excavations in City streets, avenues and alleys for purposes of routine repair, replacement, and maintenance of gas pipes, mains, conduits, and other gas system components, In making such excavations, the Company shall not unnecessarily obstruct the use of streets, avenues or alleys, shall provide the Public Works Director with 24 hours notice prior to the actual commencement of the work, and shall comply with all provisions and requirements of the City in its regulation of the use of City right of way in performing such work. The Company shall not dig or otherwise excavate under the canopy of any tree on public ground, unless using trencherless technologies or directional boring, In emergencies which require immediate excavation, the Company may proceed with the work without first applying for or obtaining the permit, provided, however, that the Company shall apply for and obtain the excavation permit as soon as possible after commencing such emergency work. 12-2-6, Prior to commencing significant construction or maintenance projects in the public right of way, the Company shall use its best efforts to notify the contiguous affected customers. Best efforts shall include but are not limited to at least one of the following: door hangers, telephone contact, or direct mail. Notification shall not be required in the event of emergency repairs or natural gas restoration efforts, 12-2-7, The Company shall indemnify and save harmless the City from any and all claims, suits, losses, damages, costs or expenses, on account of injury or damage to any person or property, caused or occasioned in whole or in part, by the Company's negligence in construction, reconstruction, excavation, operation or maintenance of the natural gas facilities authorized by this franchise; provided, however, that the Company shall not be obligated to defend, indemnify and save harmless the City for any costs or damages arising from the negligence of the City, its officers, employees or agents, 12-2-8, The Company, and its successors and assigns, is authorized to extend its natural gas distribution system and to engage in repair work and to install new gas distribution and transmission facilities within the City. -2- 12-2-9. The Company shall maintain the availability of service throughout the entire City including newly annexed areas, by extending natural gas facilities in a manner consistent with Iowa law. 12-2-10. The City shall, in the extension or modification of streets and roads, make provision for the placement of Company service lines and facilities on City-owned right of way without charge to Company. In planning for the extension or modification of streets and roads, the City shall, to the extent practicable in the discretion of its Public Works Director, design such changes to limit the need for the relocation of Company facilities. Nothing in this franchise shall be construed as a guarantee that in either existing right of way or in future acquired right of way the City will provide sufficient space for any particular need of the Company nor shall the City be required to obtain additional right of way solely for the use of the Company. 12-2-11. The said Company, its successors and assigns, as long as it shall operate under the terms of this franchise, shall furnish natural gas in sufficient quantities to supply the reasonable demands of said City and the inhabitants thereof in accordance with the Company's rules, regulations and conditions of service as approved by the Iowa Utilities Board. 12-2-12. The Company shall make an annual written report to the City Council summarizing community contributions which benefit the people of Iowa City which have been made by the Company or its Foundation. The written report shall include the name of each entity to which such contributions have been made, the amount of such contribution and a comparison showing contributions for that year and the three prior years. The report shall be filed with the City Council within three months of the close of the Company's fiscal year. 12-2-13. The City reserves the right to impose a franchise fee pursuant to the Iowa Code, on the gross revenue of the Company, minus uncollectible accounts, derived from the distribution, delivery and retail sale of natural gas by the Company or other natural gas providers utilizing the distribution system of the Company, to customers within the current or future corporate limits of the City. The City shall provide the Company with 90-days advance notice of the effective date of any franchise fee put into effect by the City. The City may require the Company to provide an accounting to establish that the fee has been correctly calculated. The City may include a requirement that an audit of the calculation and basis for calculation of the franchise fee be conducted by an auditor of the City's selection and the Company will cooperate with such an audit. Said audit shall not be conducted more than once a year. The City shall pay the costs of the audit unless the audit shows an underpayment of franchise fees by an amount equal to 3% or more of the fees, in which event the Company shall pay the cost of the audit. 12-2-14. With the permission of the City Council, to be separately given in regard to each application to use powers of eminent domain, Company shall have the power to condemn private property for the purpose of providing natural gas to the public and in a reasonable relationship to an overall plan of distributing natural gas within the City. The Company must establish the necessity of each taking of private property and, when so established, the City Council shall approve the condemnation of the private property by resolution if the Council finds the use of such powers is in the public interest, does not -3- create an unacceptable public safety problem and there is not any reasonable alternative. 12-2-15. The Company shall, at its cost and expense, locate and relocate its installations in, on, over or under any public street or alley in the City in such manner as the City may at any time reasonably require for the purposes of facilitating the construction, reconstruction, maintenance or repair of any public improvement of, in, or about any such street or alley, or promoting the efficient operation of any such improvement. 12-2-16. The Company shall, at all times during which this franchise is in affect, maintain, administer and operate such energy efficiency and/or conservation programs within the City, as may be approved by the Iowa Utilities Board. 12-2-17. If requested by the City the Company shall participate in a disaster or emergency response communications task force to address such topics as a dedicated communications link between the City and the Company during emergencies, an interoperable radio communications system between the Company and the City, a reverse telephone messaging system and participation by the Company in City and Johnson County joint drills and emergency training exercises. It is the intent of the parties that such participation may be established by a separate agreement which refers to this franchise. 12-2-18. This franchise shall apply to and bind the City and the Company and their successors and assigns; provided that any assignment by the Company shall be subject to the approval of the City Council by resolution, which approval shall not be unreasonably withheld. The City expressly reserves the right to terminate the franchise granted herein if the Company breaches any of the provisions of this franchise; provided, however, there shall be no termination if the Company shall correct the breach within sixty (60) days following written notice provided by the City to do so. The Company shall not be excused from complying with any of the terms and conditions of this franchise by any failure of the City to insist upon or seek compliance with any such terms or conditions. Further, it is agreed that the subject matter of this franchise is unique and may be enforced by specific performance, at the City's option, since a remedy at law may be inadequate. 12-2-19. This Ordinance shall become effective and binding upon its approval and passage in accordance with Iowa law and the written acceptance by the Company. The Company shall within thirty (30) days after the approval of this ordinance by the City Council, file in the office of the clerk of the City its acceptance in writing of all the terms and provisions of this ordinance. Following City Council approval and written acceptance by the Company, this ordinance shall be published in the Iowa City Press Citizen. The effective date of this Ordinance shall be the date of publication. 12-2-20. If any of the provisions of this franchise ordinance are for any reason declared to be illegal or void, the lawful provisions of this franchise ordinance, which are severable from said unlawful provisions, shall be and remain in full force and effect, the same as if the franchise ordinance contained no illegal or void provisions. In the event -4- any provision or provisions are ruled illegal or void by a court of competent jurisdiction, the City and the Company shall forthwith amend this franchise to insert a successor provision that complies with the applicable court ruling. 12-2-21. All ordinances or parts of ordinances in conflict herewith are hereby repealed. PASSED AND APPROVED this _ day of 2007. CITY OF IOWA CITY, IOWA By Mayor ATTEST: Approved by: City Clerk City Attorney's Office annen/ord&res/MidAmGasfranchise.doc -5- 3d (2.) Prepared by Eleanor Dilkes, City Attorney, 410 E.Washington 51., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. AN ORDINANCE GRANTING TO MIDAMERICAN ENERGY COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND FRANCHISE TO ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF IOWA CITY, AN ELECTRIC LIGHT AND POWER SYSTEM FOR A PERIOD OF TEN YEARS, WITH A TEN YEAR AND FIVE YEAR RENEWAL THEREAFTER, TO FURNISH AND SELL ELECTRIC ENERGY TO SAID CITY AND ITS INHABITANTS. WHEREAS, the franchise previously granted by the City to MidAmerican Energy Company's successor and codified at Chapter 1, Title 12 of the City Code expired in November 2001; and WHEREAS, the City and MidAmerican Energy Company have negotiated a new franchise agreement on the terms set forth herein; and WHEREAS, it is deemed in the interest of the City and its citizens to enact the following franchise ordinance. NOW THEREFORE, BE IT ENACTED by the City Council of the City of Iowa City, that Title 12, Chapter 1 of the City Code is hereby repealed in its entirety and the following is substituted in lieu thereof: 12-1-1. There is hereby granted to MidAmerican Energy Company, an Iowa corporation, hereinafter called the "Company," and its successors and assigns, the non- exclusive right and franchise to acquire, construct, erect, maintain and operate in the City of Iowa City, hereinafter the "City," an electric light and power system including the right to erect and maintain the necessary poles, lines, wire, transmission lines, conduits and other appliances for the transmission and distribution of electric energy along, under and upon the streets, avenues and alleys to serve customers within and without said City , and to furnish and sell electric energy to said City and its inhabitants. The City Council reserves to itself the right to extend this franchise to other public places at the request of the Company. Rights are hereby granted for all existing facilities located in other public places prior to the date of this agreement. 12-1-2. The City may terminate this franchise by resolution adopted more than one, but less than two years prior to the tenth anniversary of the effective date of this Ordinance. In the event the City Council does adopt such a resolution, this franchise will terminate on the tenth anniversary of the effective date. In the event such a resolution is not adopted the City may terminate this franchise only by resolution adopted more than one but less than two years prior to the twentieth anniversary of the effective date of this Ordinance. In the event the City Council does adopt such a resolution this franchise will terminate on the twentieth anniversary of the effective date. If neither such resolution is adopted this franchise will terminate on the twenty-fifth anniversary of the effective date. 12-1-3. The rights and privileges hereby granted to the Company its successors and assigns are subject to applicable provisions of the Iowa Code, including but not limited to the restrictions and limitations of Iowa Code Chapter 364 (2007) or as subsequently amended or changed, the Code of Ordinances of the City of Iowa City, any other applicable statues or regulations promulgated by Federal or State agencies under -1- federal or state laws, all of said laws, codes, ordinances, statutes and regulations as presently enacted or subsequently amended. The Company reserves the right to challenge or contest the City's interpretation or application of any of said laws, codes, ordinances, statutes, and regulations. The City may make such lawful and reasonable amendments to the provisions of the Code of Ordinances of the City of Iowa City affecting or regulating the Company in its operation of the electric utility, as the City deems necessary and proper, within the scope of its authority as authorized by the Constitution and Code of Iowa. The franchise granted herein shall not restrict in any manner the right of the City in the exercise of any power which it now has or which may hereafter be authorized or permitted by the Constitution or laws of the State of Iowa. 12-1-4. Nothing in this agreement shall be construed or interpreted to limit or prohibit the City, residents or businesses of Iowa City from participating in or enjoying any benefits and protections of a restructured retail electric utility industry to the extent that such benefits and protections are made available to consumers of competitive retail electric services under state and federal rules, regulations and law. 12-1-5. The Company shall have the right to erect all necessary poles and to place thereon the necessary wires, fixtures and accessories as well as to excavate and bury conduits or conductors for the distribution of electric energy in and through the City, provided the same shall be placed in accord with this franchise and any regulation the City may from time to time adopt or amend regarding the placement of facilities or structures of utilities, and other right of way users' facilities or structures, in the right of way. All electric utility system components placed above, upon, in or under public right- of way, and the wires placed thereon or therein, shall comply with the National Electrical Safety Code as adopted by the regulations of the Iowa Utilities Board. The Company shall not without express approval from the City place in the right of way any substation operating at greater than 15,000 volts, transmission lines, equipment or appliances operated at greater than 15,000 volts or pad mounted distribution facilities of greater than 15,000 volts serving an underground distribution feeder system. 12-1-6. The Company is authorized to make excavations in City streets, avenues and alleys for purposes of routine repair, replacement, and maintenance of poles, wires, conduits, lines or other electric utility system components. In making such excavations, the Company shall obtain a City permit therefore and shall not unnecessarily obstruct the use of streets, avenues or alleys, shall provide the Public Works Director with 24 hours notice prior to the actual commencement of the work, and shall comply with all provisions and requirements of the City in its regulation of the use of City right of way in performing such work. In emergencies which require immediate excavation, the Company may proceed with the work without first applying for or obtaining the permit, provided, however, that the Company shall apply for and obtain the excavation permit as soon as possible after commencing such emergency work. 12-1-7. Prior to commencing significant construction or maintenance projects in the public right of way, the Company shall use its best efforts to notify the contiguous affected customers. Best efforts shall include but are not limited to at least one of the following: door hangers, telephone contact, or direct mail. Notification shall not be required in the event of emergency repairs or electric outage restoration efforts. 12-1-8. The Company is authorized and empowered consistent with this franchise to prune or remove at Company expense any tree extending into any street, -2- alley, right of way or public grounds to maintain electric reliability, safety, to restore utility service and to prevent limbs, branches or trunks from interfering with the wires and facilities of the Company. The pruning shall be completed in accordance with nationally accepted safety and utility industry standards, ANSI Z133.1 -2006, American National Standard for Arboriculture Operations- Safety Requirements, and ANSI A300 (part 1) - 2001 Pruning, American National Standard for Tree, Shrub, and other Woody Plant Maintenance - Standard of Practices Pruning, or subsequent revisions to these standards, and City ordinances regarding the pruning of trees and the protection of its facilities upon public ground. The Company shall not remove or prune any tree on public grounds, other than right of way, except in an emergency or when necessary to alleviate an existing electrical outage without first obtaining permission of the City's Public Works Director, nor shall the Company dig or otherwise excavate under the canopy of any tree on public ground, unless using trencherless technologies or directional boring, except in an emergency or when necessary to alleviate an existing electrical outage, without having first given the City's Public Works Director 24 hours notice. 12-1-9. The Company shall indemnify and save harmless the City from any and all claims, suits, losses, damages, costs or expenses, on account of injury or damage to any person or property, caused or occasioned in whole or in part, by the Company's negligence in construction, reconstruction, excavation, operation or maintenance of the electric facilities authorized by this franchise; provided, however, that the Company shall not be obligated to defend, indemnify and save harmless the City for any costs or damages arising from the negligence of the City, its officers, employees or agents. 12-1-10. The Company, and its successors and assigns, is authorized to extend its lines, wires and conduits, to expand its transmission and distribution systems, to engage in repair work and to install new distribution and transmission systems within the City. 12-1-11. The Company shall maintain the availability of service throughout the entire City including newly annexed areas, excluding areas designated by the Iowa Utilities Board to be the exclusive service territory of another electric provider, by extending lines or facilities in a manner consistent with Iowa law. 12-1-12. The City shall, in the extension or modification of streets and roads, make provision for the placement of Company service lines and facilities on City-owned right of way without charge to Company. In planning for the extension or modification of streets and roads, the City shall, to the extent practicable in the discretion of its Public Works Director, design such changes to limit the need for the relocation of Company facilities. Nothing in this franchise shall be construed as a guarantee that in either existing right of way or in future acquired right of way the City will provide sufficient space for any particular need of the Company nor shall the City be required to obtain additional right of way solely for the use of the Company. 12-1-13. The said Company, its successors and assigns, as long as it shall operate under the terms of this franchise, shall furnish electric energy in sufficient quantities to supply the reasonable demands of said City and the inhabitants thereof in accordance with the Company's rules, regulations and conditions of service as approved by the Iowa Utilities Board. -3- 12-1-14. The Company shall make an annual written report to the City Council summarizing community contributions which benefit the people of Iowa City which have been made by the Company or its Foundation. The written report shall include the name of each entity to which such contributions have been made, the amount of such contribution and a comparison showing contributions for that year and the three prior years. The report shall be filed with the City Council within three months of the close of the Company's fiscal year. 12-1-15. The City shall be privileged upon 30-days advance notice to the Company, without charge, to make use of the distribution poles of the Company that are placed within City right of way for any City alarm, City control, or City communication function, excluding any paid subscriber services (but including any City owned cable or wireline communication system for which use the City shall pay an amount consistent with federal law), to the extent that such use shall not interfere with their use by the Company, but the City shall hold the Company harmless from any and all causes of action, litigation or damages arising through the placing of the facilities of the City upon the Company's poles. If at the sole discretion of the Company, it is determined that said attachments may create a clearance violation or other hazardous situation, or that wind or other conditions may place undue stress on specific Company facilities, the City shall not be authorized to attach to those facilities. If attachments are in place, upon notification by the Company of damage or potential damage, the City shall promptly remove said attachments. 12-1-16. The City reserves the right to impose a franchise fee pursuant to the Iowa Code, on the gross revenue of the Company, minus uncollectible accounts, derived from the distribution and the retail sale of electricity by the Company to customers within the current or future corporate limits of the City. The City shall provide the Company with 90-days advance notice of the effective date of any franchise fee put into effect by the City. The City may require the Company to provide an accounting to establish that the fee has been correctly calculated. The City may include a requirement that an audit of the calculation and basis for calculation of the franchise fee be conducted by an auditor of the City's selection and the Company will cooperate with such an audit. Said audit shall not be conducted more than once a year. The City shall pay the costs of the audit unless the audit shows an underpayment of franchise fees by an amount equal to 3% or more of the fees, in which event the Company shall pay the cost of the audit. 12-1-17. With the permission of the City Council, to be separately given in regard to each application to use powers of eminent domain, Company shall have the power to condemn private property for the purpose of providing electric service to the public and in a reasonable relationship to an overall plan of distributing electrical energy within the City. The Company must establish the necessity of each taking of private property and, when so established, the City Council shall approve the condemnation of the private property by resolution if the Council finds the use of such powers is in the public interest, does not create an unacceptable public safety problem and there is not any reasonable alternative. 12-1-18. The Company shall, at its cost and expense, locate and relocate its installations in, on, over or under any public street or alley in the City in such manner as the City may at any time reasonably require for the purposes of facilitating the construction, reconstruction, maintenance or repair of any public improvement of, in, or about any such street or alley, or promoting the efficient operation of any such -4- improvement. The City may require the Company to place or bury its electrical utility system components underground as consistent with Company tariffs (it is the understanding of the parties that under current tariffs the Company shall assume and pay as its own expense the cost of moving a line from one above ground location to another above ground location and the City shall reimburse the Company for any additional cost occasioned by placing a facility underground). 12-1-19. The Company shall, at all times during which this franchise is in affect, maintain, administer and operate such energy efficiency and/or conservation programs within the City, as may be approved by the Iowa Utilities Board. 12-1-20. If requested by the City the Company shall participate in a disaster or emergency response communications task force to address such topics as a dedicated communications link between the City and the Company during emergencies, an interoperable radio communications system between the Company and the City, a reverse telephone messaging system and participation by the Company in City and Johnson County joint drills and emergency training exercises. It is the intent of the parties that such participation may be established by a separate agreement which refers to this franchise. 12-1-21. If requested by the City the Company shall participate in a City task force to identify and utilize City generated renewable energy options, including sewage treatment gas or landfill gas available to the City. In the event that the City should at any time during the term of this franchise become an alternate energy producer of electrical energy at a municipally-owned or operated facility the Company shall, if requested by the City, enter into an agreement to purchase the electric energy produced from such qualifying alternate generating facility, subject to applicable statutory requirements and regulations. 12-1-22. This franchise shall apply to and bind the City and the Company and their successors and assigns; provided that any assignment by the Company shall be subject to the approval of the City Council by resolution, which approval shall not be unreasonably withheld. The City expressly reserves the right to terminate the franchise granted herein if the Company breaches any of the provisions of this franchise; provided, however, there shall be no termination if the Company shall correct the breach within sixty (60) days written notice provided by the City to do so. The Company shall not be excused from complying with any of the terms and conditions of this franchise by any failure of the City to insist upon or seek compliance with any such terms or conditions. Further, it is agreed that the subject matter of this franchise is unique and may be enforced by specific performance, at the City's option, since a remedy at law may be inadequate. 12-1-23. This Ordinance shall become effective and binding upon its approval and passage in accordance with Iowa law and the written acceptance by the Company. The Company shall within thirty (30) days after the approval of this ordinance by the City Council, file in the office of the clerk of the City its acceptance in writing of all the terms and provisions of this ordinance. Following City Council approval and written acceptance -5- by the Company, this ordinance shall be published in the Iowa City Press Citizen. The effective date of this Ordinance shall be the date of publication. 12-1-24. If any of the provisions of this franchise ordinance are for any reason declared to be illegal or void, the lawful provisions of this franchise ordinance, which are severable from said unlawful provisions, shall be and remain in full force and effect, the same as if the franchise ordinance contained no illegal or void provisions. In the event any provision or provisions are ruled illegal or void by a court of competent jurisdiction, the City and the Company shall forthwith amend this franchise to insert a successor provision that complies with the applicable court ruling. 12-1-25. All ordinances or parts of ordinances in conflict herewith are hereby repealed. PASSED AND APPROVED this _ day of 2007. CITY OF IOWA CITY, IOWA By Mayor ATTEST: Approved by: City Clerk City Attorney's Office Annen/ord&res/MidAm electric franchise.doc -6- ~ ~ Prepared by: Sunil Terdalkar, Associate Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 45.04 ACRES OF PROPERTY LOCATED EAST OF CAMP CARDINAL BOULEVARD AND SOUTH OF KENNEDY PARKWAY FROM INTERIM DEVELOPMENT OFFICE RESEARCH PARK (ID-ORP) ZONE TO MEDIUM DENSITY SINGLE- FAMILY RESIDENTIAL (RS-8) ZONE WITH A PLANNED DEVELOPMENT OVERLAY (OPD-8) ZONE FOR APPROXIMATELY 33.69 ACRES, INTERIM DEVELOPMENT SINGLE-FAMILY RESIDENTIAL (10- RS) ZONE FOR APPROXIMATELY 9.32 ACRES, AND INTERIM DEVELOPMENT OFFICE COMMERCIAL (ID-C01) ZONE FOR APPROXIMATELY 2.03 ACRES. (REZ07 -00011) WHEREAS, the applicant, Southgate Development Services, LLC, has requested a rezoning of property located east of Camp Cardinal Boulevard and south of Kennedy Parkway from Interim Development Office Research Park (ID-ORP) zone to Medium Density Single-Family Residential (RS-8) zone with a Planned Development Overlay (OPD-8) zone for approximately 33.69 acres, Interim Development Single-Family Residential (ID-RS) zone for approximately 9.32 acres, and Interim Development Office Commercial (ID- C01) zone for approximately 2.03 acres; and WHEREAS, the Comprehensive Plan indicates that the land is suitable for office and research park type uses, but recognizing the development of Oakdale Campus north of Interstate 80, and the existence of environmentally sensitive areas, the plan also indicates that low to medium density clustered residential development may be appropriate for the area; and WHEREAS, the City adopted' a vision plan-Clear Creek Master Plan-in 2002, which considered the possible street layouts and mix of uses and densities, while minimizing the impa~t on the environmentally sensitive areas; and WHEREAS, the applicant has submitted a preliminary sensitive areas development plan showing a clustered residential subdivision of 73 townhouse-style multi-family dwellings, 17 attached single-family zero- lot line dwellings and 18 single-family dwellings, and outlots for public open space and preservation of environmentally sensitive areas as private open space; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan and the Clear Creek Master Plan provided that it meets conditions addressing the timely installation of infrastructure improvements and construction of Kennedy Parkway; and WHEREAS, Iowa Code 9414.5 (2007) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owner and the applicant acknowledge that certain conditions and restrictions are reasonable to ensure orderly development, adequate neighborhood connectivity, and to achieve the Comprehensive Plan goals; and WHEREAS, the owner and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. Ordinance No. Page 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of Interim Development Office Research Park (ID-ORP) zone to Medium Density Single-Family Residential (RS-8) with a Planned Development Overlay (OPD-8) zone for approximately 33.69 acres, Interim Development Single-Family Residential (ID-RS) zone for approximately 9.32 acres, and Interim Development Office Commercial (ID-C01) zone for approximately 2.03 acres: ID-ORP to OPD-8 COMMENCING AT THE CENTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N89025'22"E, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12, A DISTANCE OF 1749.4 FEET, TO ITS INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF CAMP CARDINAL BOULEVARD; THENCE NORTHWESTERLY, 50.0 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 50.0 FOOT CHORD BEARS NOoo07'16"W, TO THE POINT OF BEGINNING; THENCE NORTHWESTERLY, 380.0 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 376.0 FOOT CHORD BEARS N16019'46"W; THENCE N30039'08''W, ALONG SAID EAST RIGHT-OF-WAY LINE, 30.9 FEET; THENCE NORTHEASTERLY, 31.4 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 28.3 FOOT CHORD BEARS N14020'52"E; THENCE N59020'52"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 20.0 FEET; THENCE N30039'08''W, ALONG SAID EAST RIGHT-OF-WAY LINE, 60.0 FEET; THENCE S59020'52"W, ALONG SAID EAST RIGHT-OF- WAY LINE, 20.0 FEET; THENCE NORTHWESTERLY, 31.4 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 28.3 FOOT CHORD BEARS N75039'08"W; THENCE N30039'08''W, ALONG SAID EAST RIGHT-Of-WAY LINE, 286.3 FEET; THENCE NORTHWESTERLY, 366.8 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 660.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 362.1 FOOT CHORD BEARS N14043'50"W; THENCE N01011'28"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 364.9 FEET; THENCE S89039'51"E, 294.4 FEET; THENCE NOoo20'09"E, 64.7 FEET; THENCE NORTHWESTERLY, 163.5 FEET, ALONG AN ARC OF A 750.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 163.2 FOOT CHORD BEARS N05054'30"W; THENCE N12009'09"W, 111.7 FEET; THENCE NORTHEASTERLY, 87.1 FEET, ALONG AN ARC OF A 1000.0 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 87.0 FOOT CHORD BEARS N75021'12"E; THENCE NORTHEASTERLY, 51.0 FEET, ALONG AN ARC OF A 1000.0 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 51.0 FOOT CHORD BEARS N74019'08"E; THENCES14013'17"E, 165.3 FEET; THENCE N80050'07''E, 131.5 FEET; THENCE S23044'18"E, 37.2 FEET; THENCE S82035'11"E, 173.9 FEET; THENCE S2r22'19"E, 813.8 FEET; THENCE S44052'16"E, 219.0 FEET; THENCE SOoo36'32"W, 401.7 FEET; THENCE S59057'49"W, 654.1 FEET; THENCE S89025'22"W, 300.3 FEET, TO SAID POINT OF BEGINNING, CONTAINING 33.69 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. ID-ORP to ID-RS COMMENCING AT THE CENTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N89025'22"E, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12, A DISTANCE OF 1749.4 FEET, TO ITS INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF CAMP CARDINAL BOULEVARD; THENCE NORTHWESTERLY, 50.0 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 50.0 FOOT CHORD BEARS NOoo07'16"W; THENCE NORTHWESTERLY, 380.0 FEET, ALONG SAID EAST RIGHT- OF-WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 376.0 FOOT CHORD BEARS N16019'46"W; THENCE N30039'08''W, ALONG SAID EAST RIGHT-OF-WAY LINE, 30.9 FEET; THENCE NORTHEASTERLY, 31.4 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE S:\PCDlStaff Reports\ORDlORD REZ07 -00011 CardinalPointSouth.doc Ordinance No. Page 3 SOUTHEASTERLY, WHOSE 28.3 FOOT CHORD BEARS N14020'52"E; THENCE N59020'52"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 20.0 FEET; THENCE N30039'08''W, ALONG SAID EAST RIGHT-OF- WAY LINE, 60.0 FEET; THENCE S59020'52"W, ALONG SAID EAST RIGHT-OF-WAY LINE, 20.0 FEET; THENCE NORTHWESTERLY, 31.4 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 28.3 FOOT CHORD BEARS N75039'08"W; THENCE N30039'08''W, ALONG SAID EAST RIGHT-OF-WAY LINE, 286.3 FEET; THENCE NORTHWESTERLY, 366.8 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 660.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 362.1 FOOT CHORD BEARS N14043'50"W; THENCE N01011'28"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 420.6 FEET; THENCE NORTHWESTERLY, 179.4 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 2550.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 179.4 FOOT CHORD BEARS NOoo49'29"W; THENCE NORTHEASTERLY, 62.6 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 40.0 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 56.4 FOOT CHORD BEARS N42001'38"E; THENCE N86053'42"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 20.0 FEET; THENCE N03006'18"W, ALONG SAID EAST RIGHT-OF-WAY LINE, 33.0 FEET; THENCE N86053'42"E, 43.6 FEET; THENCE NORTHEASTERLY, 245.0 FEET, ALONG AN ARC OF A 1000.0 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 244.4 FOOT CHORD BEARS N79052'37"E; THENCE NORTHEASTERLY, 51.0 FEET, ALONG AN ARC OF A 1000.0 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 51.0 FOOT CHORD BEARS N74019'08"E, TO THE POINT OF BEGINNING; THENCE SOUTHEASTERLY, 582.9 FEET, ALONG AN ARC OF A 1000.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 574.7 FOOT CHORD BEARS S87031'24"E; THENCE SOUTHEASTERLY, 252.5 FEET, ALONG AN ARC OF A 793.4 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 251.4 FOOT CHORD BEARS S79056'28"E; THENCE SOoo36'32"W, 30.0 FEET; THENCE S89023'28"E, 5.0 FEET; THENCE SOUTHEASTERLY, 31.4 FEET, ALONG AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 28.3 FOOT CHORD BEARS S44023'28"E; THENCE SOoo36'32"W, 111.0 FEET; THENCE S89023'28"E, 50.0 FEET; THENCE SOoo36'32"W, 842.3 FEET; THENCE N44052'16"W, 219.0 FEET; THENCE N2r22'19"W, 812.8 FEET; THENCE N82035'11"W, 173.9 FEET; THENCE N23044'18"W, 37.2 FEET; THENCE S80050'07''W, 131.5 FEET; THENCE N14013'17"W, 165.3 FEET, TO SAID POINT OF BEGINNING, CONTAINING 9.32 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. ID-ORP to ID-C01 COMMENCING AT THE CENTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N89025'22"E, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12, A DISTANCE OF 1749.4 FEET, TO ITS INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF CAMP CARDINAL BOULEVARD; THENCE NORTHWESTERLY, 50.0 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 50.0 FOOT CHORD BEARS NOoo07'16"W; THENCE NORTHWESTERLY, 380.0 FEET, ALONG SAID EAST RIGHT- OF-WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 376.0 FOOT CHORD BEARS N16019'46"W; THENCE N30039'08''W, ALONG SAID EAST RIGHT-OF-WAY LINE, 30.9 FEET; THENCE NORTHEASTERLY, 31.4 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 28.3 FOOT CHORD BEARS N14020'52"E; THENCE N59020'52"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 20.0 FEET; THENCE N30039'08''W, ALONG SAID EAST RIGHT-OF- WAY LINE, 60.0 FEET; THENCE S59020'52"W, ALONG SAID EAST RIGHT-OF-WAY LINE, 20.0 FEET; THENCE NORTHWESTERLY, 31.4 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 28.3 FOOT CHORD BEARS N75039'08"W; THENCE N30039'08''W, ALONG SAID EAST RIGHT-OF-WAY LINE, 286.3 FEET; THENCE NORTHWESTERLY, 366.8 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 660.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 362.1 FOOT CHORD BEARS N14043'50"W; THENCE N01011'28"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 364.8 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING, N01011'28"E, ALONG SAID EAST RIGHT- OF-WAY LINE, 55.8 FEET; THENCE NORTHWESTERLY, 179.4 FEET, ALONG SAID EAST RIGHT-OF- WAY LINE, AND AN ARC OF A 2550.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 179.4 FOOT CHORD BEARS NOoo49'29"W; THENCE NORTHEASTERLY, 62.6 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 40.0 FOOT RADIUS CURVE, CONCAVE S:\PCDlStaff Reports\ORDlORD REZ07 -00011 CardinalPointSouth.doc Ordinance No. Page 4 SOUTHEASTERLY, WHOSE 56.4 FOOT CHORD BEARS N42001'38"E; THENCE N86053'42"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 20.0 FEET; THENCE N03006'18"W, ALONG SAID EAST RIGHT-OF- WAY LINE, 33.0 FEET; THENCE N86053'42"E, 43.6 FEET; THENCE NORTHEASTERLY, 157.9 FEET, ALONG AN ARC OF A 1000.0 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 157.7 FOOT CHORD BEARS N82022'17"E; THENCE S12009'09"E, 111.7 FEET; THENCE SOUTHEASTERLY, 163.5 FEET, ALONG AN ARC OF A 750.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 163.2 FOOT CHORD BEARS S05054'30"E; THENCE SOoo20'09"W, 64.7 FEET; THENCE N89039'51"W, 294.4 FEET, TO SAID POINT OF BEGINNING, CONTAINING 2.03 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. 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 VII. 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 , 20_. MAYOR Approved by ATTEST: CITY CLERK .~ ~ ~'<~~A- 4~ City Attorney's Office 1;/.:z/c;7 S:IPCDlStaff ReportslORDlORD REZ07 -00011 CardinalPointSouth.doc Ordinance No. Page _ It was moved by and seconded by as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef . Wilburn First Consideration 9 / 18/2007 Vote for pa5sage: AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef,Wilburn, Bailey. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published Prepared by: Sunil Terdalkar, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5243 (REl07-00011) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and The Crossing Development LC (hereinafter "Owner") and Southgate Development Services, LLC (hereinafter "Applicant"); WHEREAS, Owner is the legal title holder of approximately 45.04 acres of property located east of Camp Cardinal Boulevard and south of Kennedy Parkway and as legally described below; and WHEREAS, the Applicant with the Owner's consent has requested the rezoning of said property from Interim Development Office Research Park (ID-ORP) zone to Medium Density Single- Family Residential (RS-8) zone with a Planned Development Overlay (OPD-8) zone for approximately 33.69 acres, Interim Development Single-Family Residential (ID-RS) zone for approximately 9.32 acres, and Interim Development Office Commercial (ID-C01) zone for approximately 2.03 acres; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions addressing the timely installation of infrastructure improvements and construction of Kennedy Parkway, the proposed rezoning complies with the Comprehensive Plan and the Clear Creek Master Plan; and WHEREAS, Iowa Code 9414.5 (2007) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for orderly development, neighborhood compatibility, and adequate connectivity; and WHEREAS, the Owner and Applicant agree to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. The Crossing Development LC is the legal title holder of the property legally described as follows: COMMENCING AT THE CENTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N89025'22"E, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12, A DISTANCE OF 1749.4 FEET, TO ITS INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF CAMP CARDINAL BOULEVARD; THENCE NORTHWESTERLY, 50.0 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 50.0 FOOT CHORD BEARS ppdadmlagVcza rez07 -00011 cardinalpointsoulh.doc 1 NOoo07'16'W, TO THE POINT OF BEGINNING; THENCE NORTHWESTERLY, 380.0 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 376.0 FOOT CHORD BEARS N16019'46"W; THENCE N30039'08'W, ALONG SAID EAST RIGHT-OF-WAY LINE, 30.9 FEET; THENCE NORTHEASTERLY, 31.4 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 28.3 FOOT CHORD BEARS N14020'52"E; THENCE N59020'52"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 20.0 FEET; THENCE N30039'08'W, ALONG SAID EAST RIGHT-OF-WAY LINE, 60.0 FEET; THENCE S59020'52'W, ALONG SAID EAST RIGHT-OF-WAY LINE, 20.0 FEET; THENCE NORTHWESTERLY, 31.4 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 28.3 FOOT CHORD BEARS N75039'08'W; THENCE N30039'08'W, ALONG SAID EAST RIGHT-OF-WAY LINE, 286.3 FEET; THENCE NORTHWESTERLY, 366.8 FEET, ALONG SAID EAST RIGHT- OF-WAY LINE, AND AN ARC OF A 660.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 362.1 FOOT CHORD BEARS N14043'50'W; THENCE N01011'28"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 420.6 FEET; THENCE NORTHWESTERLY, 179.4 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 2550.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 179.4 FOOT CHORD BEARS NOoo49'29'W; THENCE NORTHEASTERLY, 62.6 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 40.0 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 56.4 FOOT CHORD BEARS N42001'38"E; THENCE N86053'42"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 20.0 FEET; THENCE N03006'18'W, ALONG SAID EAST RIGHT-OF-WAY LINE, 33.0 FEET; THENCE N86053'42"E, 43.6 FEET; THENCE NORTHEASTERLY, 245.0 FEET, ALONG AN ARC OF A 1000.0 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 244.4 FOOT CHORD BEARS N79052'37"E; THENCE SOUTHEASTERLY, 633.8 FEET, ALONG AN ARC OF A 1000.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 623.3 FOOT CHORD BEARS S88058'59"E; THENCE SOUTHEASTERLY, 252.5 FEET, ALONG AN ARC OF A 793.4 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 251.4 FOOT CHORD BEARS S79056'28"E; THENCE SOoo36'32'W, 30.0 FEET; THENCE S89023'28"E, 5.0 FEET; THENCE SOUTHEASTERLY, 31.4 FEET, ALONG AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 28.3 FOOT CHORD BEARS S44023'28"E; THENCE SOoo36'32'W, 111.0 FEET; THENCE S89023'28"E, 50.0 FEET; THENCE SOoo36'32'W, 1244.0 FEET; THENCE S59057'49'W, 654.1 FEET; THENCE S89025'22'W, 300.3 FEET, TO SAID POINT OF BEGINNING, CONTAINING 45.04 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The Owner and Applicant acknowledge(s) that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the need for orderly development, neighborhood compatibility, and adequate connectivity. Further, the parties acknowledge that Iowa Code 9414.5 (2007) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner and Applicant agree(s) that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. the section of Kennedy Parkway between Camp Cardinal Road and Camp Cardinal Boulevard will be platted, and the necessary right-of-way will be dedicated and a letter of credit for the cost of installing the water main in this section of the street will be provided at the time of final plat approval; ppdadm/agVcza razO? -00011 cardinalpointsouth.doc 2 b. installation of the sub-grade for this section of Kennedy Parkway will be constructed by the applicant and/or owner prior to January 1, 2009; c. this section of Kennedy Parkway will be constructed when the school site (located north of Kennedy Parkway) is developed, or Outlot C of Cardinal Pointe South is developed, whichever occurs first, but in no case shall the road be constructed later than January 1, 2010; and d. if the sub-grade is not constructed prior to January 1, 2009, or if the road is not built prior to January 1, 2010, issuance of building permits will cease for Cardinal Pointe South subdivision. 4. The Owner and Applicant, and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code S414.5 (2007), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and Applicant, and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner and Applicant acknowledge(s) that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of ,20 CITY OF IOWA CITY Ross Wilburn, Mayor ~~~~~ By' '7;>6 A:> #.Js:. s. C:r.A ve,.:J M~~(j.~e- -r-:, ~ ~f,& ":" i::leve....-........ I-. c... '~~~ By: -lleesA lV1ou~ ~6 ~U6...,r SOlA.THG.tn; Vevc,OPtMeJJr Seev.rces, LL.<::- Attest: Marian K. Karr, City Clerk keJJ.~ \'City Attorney's Office ,/,,/ rT7 ppdadmlagVcza razO? -00011 cardinalpointsouth.doc 3 CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , AD. 20_, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa My commission expires: THE CROSSING DEVELOPMENT LC ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this A day of~_" ,AD. 201l1, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ~Y\ l\io Cxo. \J.LC\ , to me personally known, who being by me duly sworn, did say that the person is ~ (title) of . ~prYa( nJ- ~ and that said instrument was signed on behalf of the said limited lability company by authority of its managers and the said ty\l\..0Q,.4( v- acknowledged the execution of said instrument to be the voluntary act and deeeJOfsaid limited liability company by it voluntarily executed. ANGELA JACOBY ..~\ Comm,-ion N~mber 122784 '& ~ My CommilSllOn expires "''''~ ,~~~ Notary Pu lic in and r the Stat of Iowa My commission expires: SOUTHGATE DEVELOPMENT SERVICES LLC ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ~ day of ~t.rnbtr' , AD. 20..01, before me, the undersigned, a Notary Public in and for the State 0 Iowa, personally appeared ~t-tSG..- mOrrow , to me personally known, who being by me duly sworn, did say that the person is ~p~= (title) of S'~~. rt"- ~nttlt..t and that said instrument was signed on behalf of the ppdadmlagVcza rez07 -00011 cardinalpointsouth.doc 4 said limited liability company by authority of its managers and the said "ll'2. Pv~~ \M Y"\+ acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. iit I..,.... ppdadmlagtlcza razO? -00011 cardinalpointsouth.doc 5 Prepared by: Sunil Terdalkar, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5243 (REl07-00011) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and The Crossing Developmen~ LC (hereinafter "Owner") and Southgate Development Services, LLC (hereinafter "Applicant")! WHEREAS, Owner is the Ie al title holder of approximately 45.04 acres of property located east of Camp Cardinal Boulevar and south of Kennedy Parkway and as legally described below; and WHEREAS, the Applicant with t e Owner's consent has requested the rezoning of said property from Interim Development Offic Research Park (ID-ORP) zone to Medium Density Single- Family Residential (RS-8) zone ith a Planned Development Overlay (OPD-8) zone for approximately 33.69 acres, Interim Development Single-Family Residential (ID-RS) zone for approximately 9.32 acres, and Inte im Development Office Commercial (ID-C01) zone for approximately 2.03 acres; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions addressing the timely installati of infrastructure improvements and construction of Kennedy Parkway, the proposed rezoning ~plies with the Comprehensive Plan and the Clear Creek Master Plan; and WHEREAS, Iowa Code 9414.5 (2007) ptOVI es that the City of Iowa City may impose reasonable conditions on granting an applicant rezoning request, over and above existing regulations, in order to satisfy public need~ cause by the requested change; and WHEREAS, the Owner and Applicant aJnowledge \hat certain conditions and restrictions are reasonable to ensure the development/of the property is consistent with the Comprehensive Plan and the need for orderly devi~lopment, neighporhood compatibility, and adequate connectivity; and / \ / \, WHEREAS, the Owner and Applica "t agree to develop thJs property in accordance with the terms and conditions of a Conditiona Zoning Agreement. .\ \\ NOW, THEREFORE, in considera ion of the mutual promise~ contained herein, the parties agree as follows: . 1. The Crossing Developme LC is the legal title holder of the property legally described as follows: / I COMMENCING AT THE CE~ER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRIN IPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N89"25'22"E, ALON THE SOUTH. LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12, A DISTANCE F 1749.4 FEET, TO ITS INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF CAMP CARDINAL BOULEVARD; THENCE NORTHWESTERLY, 50.0 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 50.0 FOOT CHORD BEARS ppdadm/agtlcza razOr -00011 cardinalpointsouth.doc 1 NOOOO7'16'W, TO THE POINT OF BEGINNING; THENCE NORTHWESTERLY, 380.0 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 376.0 FOOT CHORD BEARS N16019'46'W; THENCE N30039'08'W, ALONG SAID EAST RIGHT-OF-WAY LINE, 30.9 FEET; THENCE NORTHEASTERLY, 31.4 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 20.0 FOOT RADIUS\cURVE, CONCAVE SOUTHEASTERLY, WHOSE 28.3 FOOT CHORD BEARS N14020'52"E; T~NCE N59020'52"E, ALONG SAID EASt RIGHT-OF-WAY LINE, 20.0 FEET; THENCE N30039~8'W, ALONG SAID EAST RIGHTfOF-WAY LINE, 60.0 FEET; THENCE S59020'52"W, AL NG SAID EAST RIGHT-OF-WPyV LINE, 20.0 FEET; THENCE NORTHWESTERLY, 31.4 F T, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 20.0 FOOT RADIUS RVE, CONCAVE NORTHGASTERL Y, WHOSE 28.3 FOOT CHORD BEARS N75039'08'W; HENCE N30039'08"W, ALS!)NG SAID EAST RIGHT-OF-WAY LINE, 286.3 FEET; THENCE NO THWESTERL Y, 366.8 PEET, ALONG SAID EAST RIGHT- OF-WAY LINE, AND AN AR OF A 660.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 36 1 FOOT CHORQ.' BEARS N14043'50'W; THENCE N01011'28"E, ALONG SAID EAS RIGHT-OF-WAY LINE, 420.6 FEET; THENCE NORTHWESTERLY, 179.4 FEET, AL G SAID EAS1 RIGHT-OF-WAY LINE, AND AN ARC OF A 2550.0 FOOT RADIUS CURVE, ONCAVE SQUTHWESTERL Y, WHOSE 179.4 FOOT CHORD BEARS NOoo49'29'W; THENCE ORTHEA1.TERL Y, 62.6 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC F A 40'.0 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 56.4 FO T CIAORD BEARS N42001'38"E; THENCE N86053'42"E, ALONG SAID EAST RIGHT-O -W LINE, 20.0 FEET; THENCE N03006'18'W, ALONG SAID EAST RIGHT-OF-WAY LINE, 3. FEET; THENCE N86053'42"E, 43.6 FEET; THENCE NORTHEASTERLY, 245.0 FEET, A NG AN ARC OF A 1000.0 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WH E 244.4 FOOT CHORD BEARS N79052'37"E; THENCE SOUTHEASTERLY, 633.8 FEET, L G AN ARC OF A 1000.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, W OS 623.3 FOOT CHORD BEARS S88058'59"E; THENCE SOUTHEASTERLY, 252.5 FEE ,ALO AN ARC OF A 793.4 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, HOSE 2 ..1.4 FOOT CHORD BEARS S79056'28"E; THENCE SOoo36'32'W, 30.0 FEET' THENCE\ S89023'28"E, 5.0 FEET; THENCE SOUTHEASTERLY, 31.4 FEET, ALO G AN ARC \OF A 20.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHO E 28.3 FOOT (lHORD BEARS S44023'28"E; THENCE SOoo36'32'W, 111.0 FEET; THENCE 89023'28"E, 50.0\FEET; THENCE SOoo36'32"W, 1244.0 FEET; THENCE S59057'49'W, 654 FEET; THENCE $89025'22"W, 300.3 FEET, TO SAID POINT OF BEGINNING, CONTAI G 45.04 ACRES, A~D SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Ie 2. The Owner and Applica acknowledge(s) that the City wishes to ensure conformance to the principles of the omprehensive Plan and the. need for orderly development, neighborhood compaf ility, and adequate connectivity: further, the parties acknowledge that Iowa Code S4 4.5 (2007) provides that the City of Iowa City may impose reasonable conditio s on granting an applicant's rezonimg request, over and above the existing regulation , in order to satisfy public needs caus~d by the requested change. I 3. In consideratio of the City's rezoning the subject property, Owner and Applicant agree(s) that velopment of the subject property will conform to all other requirements of the zoning hapter, as well as the following conditions: a. the ction of Kennedy Parkway between Camp Cardinal Road and Camp Cardinal Boulevard will be platted, and the necessary right-of-way will be dedicated and a letter of credit for the cost of installing the water main in this section of the street will be provided at the time of final plat approval; ppdadmlagUcza razO? -00011 cardinalpointsouth.doc 2 b. installation of the sub-grade for this section of Kennedy Parkway will be constructed by the applicant and/or owner prior to January 1, 2009; c. this section of Kennedy Parkway will be constructed when the school site " (located north of Kennedy Parkway) is developed, or Outlot C of Cardinal Point South is developed, whichever occurs first, but in no case shall the road be constructed later than January 1, 2010; and d. if the sub-grade is not constructed prior to Janua 1, 2009, or if the road is not built\prior to January 1, 2010, issuance of build' g permits will cease for Cardinal Point'$outh subdivision. 4. The Owner and~pplicant, and City acknowled that the conditions contained herein are reasonable conditions to impose on the la d under Iowa Code 9414.5 (2007), and that said conditions satisfy public needs t t are caused by the requested zoning change. 5. The Owner and Applicant, and City ackno ledge that in the event the subject property is transferred, sold, redeveloped, or subdi ided, all redevelopment will conform with the terms of this Conditional Zoning Agree nt. 6. The parties acknowledge that this Co ditional Zoning Agreement shall be deemed to be a covenant running with the land an with title to the land, and shall remain in full force and effect as a covenant with title the land, unless or until released of record by the City of Iowa City. The parties further acknowledge hat this agreement shall inure to the benefit of and bind all successors, representatives and assigns of the parties. 7. The Owner and Applicant cknowledge(s) that nothing in this Conditional Zoning Agreement shall be constru d to relieve the Owner or Applicant from complying with all other applicable local, stat ,and federal regula~ions. Dated this 8. The parties agree that his Conditional ZoninQ.\ Agreement shall be incorporated by reference into the ordi nce rezoning the subject':f~operty, and that upon adoption and publication of the ord' ance, this agreement shallte recorded in the Johnson County Recorder's Office at e Applicant's expense. \ \ \ .\ \ \ \ ,20 CITY OF IOWA CITY Ross Wilburn, Mayor By: Attest: By: u v-tJ 9/~/o7 ppdadmlagUcza r6z07-00011 cardinalpointsouth.doc 3 CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , A.D. 20_, bef e me, the undersigned, a notary public in and for the State of Iowa, personally appeared Erne W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did y that they are the Mayor and City Clerk, respectively, of said municipal corporation executi g the within and foregoing instrument; that the seal affixed thereto is the seal of said munici I corporation; that said instrument was Si9ned and sealed on behalf of said municipal corpora 'on by authority of its City Council; and that 'tJ:1e said Mayor and City Clerk as such officers cknowledged that the execution of said instru~nt to be the voluntary act and deed of said orporation, by it and by them voluntarily executed. \ , sworn, did say that the person is (title) of and that aid instrument was signed on behalf of the said limited liability company b authority of its managers and the said acknowled ed the executio of said instrument to be the voluntary act and deed of said limited liability co pany by it volunta executed. Notary Public in an for the State of Iowa My commission e ires: THE CROSSING DEVELOPMENT L STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this _ day of ,A. . Public in and for the State of Iowa, personally a to me personally known, who being by before me, the undersigned, a Notary SOUTHGATE DEVEL STATE OF IOWA Notary Public in and r the State of Iowa My commission expire : MENT SERVICES LLC ACKNOWLEDGE ) ) ss: ) On this , A.D. 20_, before me, the u ersigned, a Notary Public in and r the State of Iowa, personally appeared , to me personally known, who being by me duly sworn, did say that the person is (title) of , and that said instrument was signed on behalf of the ppdadmlagVcza rez07-00011 cardinalpointsouth.doc 4 said limited liability company by authority of its managers and the said acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. Notary Public in and for th y commission expires: ppdadm/agtlcza rez07 -00011 cardinalpointsouth.doc 5 1 ~ 1 -~= -....!t --~_..... !~qlS ,,~~gal' ......,... ... CITY OF IOWA CITY MEMORANDUM Date: September 12, 2007 To: City Council From: Sunil Terdalkar, Associate Planner Re: REZ07-00011 Planned Development of Cardinal Point South The areas of the parcels noted in the staff report have been slightly revised to reflect the inclusion of adjacent street right-of-way areas, as required by the code. The total area of the property being considered for the proposed rezoning remains the same 45.04 acres. The staff report and memoranda included in the Council Packet note certain outstanding issues, deficiencies and discrepancies. At their August 16 meeting, the Planning and Zoning Commission, recommended approval subject to resolution of capacity analysis of the stormwater detention/management facility. The City Engineer has reviewed the stormwater and determined that the regional stormwater basin located west of Camp Cardinal Boulevard is adequate for the stormwater detention needs for the proposed development. The Commission approval was also conditional on staff approval of the location and design of the mailbox clusters. Staff had recommended locating the clusters on private drives rather than locating them within the right-of-way, between the sidewalk and the curb, to ensure that they do not hinder visibility or snow removal, and to avoid potentially conflicting vehicular traffic. The applicant had indicated concerns about USPS regulations that restrict the location of the clusters in private drives. Staff contacted the Postal Service regarding the location of the clusters and the post office has indicated agreement to locate the clusters on the private drives behind the townhouse-style buildings, provided they have the assurance about the snow- removal. The arrangement for snow removal can be ensured though the homeowners' association, which would also be responsible for the maintenance of the private common open spaces that are part of the proposed development. The applicant has agreed to revise the preliminary development plan to show the clusters on the private drives. On August 16, as required by the planned development standards, the applicant submitted complete elevation drawings for the zero-lot line units and town-house style multi-family buildings that will be used in the proposed development to provide adequate variety. Also as recommended by staff, the applicant submitted additional designs for the zero-lot line units to provide variety within the planned development. All other deficiencies and discrepancies have also been resolved. 1 ~ 1 ~~'5._~... ~~~~~ ~~..aa.~ -., - CITY OF IOWA CITY MEMORANDUM Date: August 16, 2007 To: Planning and Zoning Commission From: Sunil Terdalkar, Associate Planner Re: REZ07-00011 Planned Development of Cardinal Point South At the August 2 meeting, the Commission discussed the outstanding issues related to the proposed rezoning and planned development, and requested additional information on certain issues. While some of the outstanding items have been resolved, the issues listed below need to be addressed prior to the approval of the rezoning and the plat. Trail/wide sidewalk to facilitate pedestrian traffic to the future school: The Commission discussed the need for adequate pedestrian facilities for the future school and inquired if a trail or wide sidewalk would be developed in the area that connects to the school site. Staff believes that the proposed sidewalk network in the Cardinal Ridge development as well as the Cardinal Point South development would be adequate for the pedestrian movement to the school. Staff, however, agrees that a wide sidewalk adjacent to the school site would be a good improvement. As the city boundary follows the center of Kennedy Parkway, the north half of the right-of-way is in Coralville. Staff has communicated this suggestion to Coralville Building Department and the Coralville staff concurs. To allow installation of a wide sidewalk on the north side of the road, staff recommends that a 66-foot wide right-of-way should be maintained for this section of Kennedy Parkway. Building Elevations: Staff has received two alternatives for the townhouse clusters. Staff believes that the applicant has provided adequate variety for the townhouse designs and the designs meet the code standards and guidelines. For the zero-lot line dwellings, in addition to the two variations submitted, staff has requested that two more fac;ade variations be submitted to help provide variety for the concentration of attached units on the southern portion of Ryan Court. Staff recommends that at least three variations be required for the zero-lot line units. For attached units in an GPD zone, the zoning code requires that that all windows, doors and roof eaves must be demarcated by trim. The most recently submitted drawings do not show trim on the side and rear elevations. To meet the minimum requirements, trim should be illustrated on these elevations. Given the high visibility of the side and rear of the buildings that backup to Camp Cardinal Boulevard (lots 1-8) trim equal to the trim on the front elevation, will help to make these facades appropriate for the highly visible location at the entry of the development. Staff also suggests that the Page 1 of 3 roofline and/or building plains of the buildings on lot 1 through 8 be varied to help reduce their visual mass. Clusters of Mailboxes: Staff has still not received the dimensions and material information for the clusters of mailboxes proposed as part of the planned development. These clusters are proposed to be located within right-of way between the sidewalk and the curb. The City Engineer needs information to verify that the mailboxes and their shelters do not hinder visibility on the road, or the movement of service and maintenance vehicles. Staff also recommends that visual quality of the mailboxes be compatible with the planned development. Landscaping Plan for lots 20 through 38: Staff reiterates the recommendation that the landscape plan be extended to the entire planned development to ensure a consistent streetscape. As suggested by the applicant, In lieu of requiring a specific species of tree to be planted on lots 20 through 38, staff recommends that a list of acceptable trees be provided, so that each of the homeowners can select a tree from the list for each lot. Neighborhood Parkland dedication and walkway on lot 39: The Parks and Recreation Commission recommended acceptance of the dedication of Outlot B as neighborhood parkland and suggested that an access point be created for the park onto Ryan Court, preferably between lot 38 and 39. The Planning and Zoning Commission inquired about the feasibility of a walkway to the north and east of northern most cluster of townhouses on lot 39. With some changes in the building and drive layout on the northern section of lot 39 it may be possible to create an opportunity for an access point to park and a walkway. The applicant has agreed to consider the suggestion and to provide a drawing showing the feasibility of such a walkway. Easements on Outlot A and stormwater intakes on Kennedy Parkway: The applicant has provided a dedicated easement along drainage way on Outlot A to allow access for maintenance. . Stormwater management facility: The City Engineer has received the detailed calculations for the regional stormwater detention basin located west of Camp Cardinal Boulevard. Staff anticipates that the engineers will complete their review prior to the Commission's meeting on August 16. The current plan assumes that there is sufficient capacity in the regional basin and no onsite stormwater basin is shown on the plat. The applicant may need to provide for an onsite stormwater detention facility if the regional basin is determined to have insufficient capacity. Deficiencies: 1. Preliminary locations of intakes and storm sewer and road grade must be shown throughout Kennedy Parkway Page 2 of 3 2. A 66-foot right-of-way should be shown for Kennedy Parkway as called out on the typical street section, which would allow for an 8-foot sidewalk on the north side of Kennedy Parkway 3. Show mailbox detail including distance from road and sidewalk, mailbox dimensions and materials (This information will help establish if the mailboxes will be a hazard for snow removal) 4. The elevations for the multi-family and zero-lot line dwellings must include trim on the side and rear elevations STAFF RECOMMENDATION: Staff recommends deferral pending resolution of the capacity analysis of the storm-water management facility and resolution of the deficiencies and discrepancies noted above. Staff also recommends that there be at least three fayade designs for the zero-lot line dwelling units and the use of consistent trim on all sides. Upon resolution of these issues, staff recommends that REZ07-00011, a rezoning of approximately 45.04 acres of land from Interim Development Office Research Park (10- ORP) zone to Medium Density Single-Family Residential (RS-8) with a Planned Development Overlay zone for approximately 34.58 acres, Interim Development Single- Family Residential (ID-RS) zone for approximately 8.75 acres, and Interim Development Office Commercial (ID-C01) zone for approximately 1.71 acres; and a preliminary Planned Development of Cardinal Point South, a residential subdivision with a mix of single-family and multi-family residential dwellings, be approved subject to a conditional zoning agreement specifying that: 1. the section of Kennedy Parkway between Camp Cardinal Road and Camp Cardinal Boulevard will be platted, and the necessary right-of-way will be dedicated and a letter of credit for the cost of installing the water main in this section of the street will be provided at the time of final plat approval 2. installation of sub-grade for this section of Kennedy Parkway will be constructed by the applicant and/or owner prior to January 1, 2009 3. this section of Kennedy Parkway will be constructed prior to January 1, 2010, when the school site (located north of Kennedy Parkway) is developed, or Outlot C of Cardinal Point South, whichever occurs first, and 4. if the sub-grade is not constructed prior to January 1, 2009 or if the road is not built prior to January 2010, issuance of building permits will cease for Cardinal Point South subdivision Page 3 of 3 After further discussion with the applicant staff has revised the terms of the Conditional Zoning Agreement regarding the construction time frame for Kennedy Parkway. REVISED STAFF RECOMMENDATION: Staff recommends deferral pending resolution capacity analysis of the storm-water detention management facility, agreement on the design of the multi-family and attached units and resolution of the deficiencies and discrepancies noted below. Upon resolution of these issues, staff recommends that REZ07 -00011, a rezoning of approximately 45.04 acres of land from Interim Development Office Research Park (ID-ORP) zone to Medium Density Single-Family Residential (RS-8) with a Planned Development Overlay zone for approximately 34.58 acres, Interim Development Single-Family Residential (ID-RS) zone for approximately 8.75 acres, and Interim Development Office Commercial (ID-C01) zone for approximately 1.71 acres; and a preliminary Planned Development of Cardinal Point South, a residential subdivision with a mix of single-family and multi-family residential dwellings, be approved subject to a conditional zoning agreement specifying that: 1. the section of Kennedy Parkway between Camp Cardinal Road and Camp Cardinal Boulevard will be platted, and the necessary right-of-way will be dedicated and a letter of credit for the cost of installing the water main in this section of the street will be provided at the time of final plat approval 2. installation of sub-grade for this section of Kennedy Parkway will be constructed by the applicant and/or owner prior to January 1, 2009 3. this section of Kennedy Parkway will be constructed prior to January 1, 2010, when the school site (located north of Kennedy Parkway) is developed, or Outlot C of Cardinal Point South, whichever occurs first, and 4. if the sub-grade is not constructed prior to January 1, 2009 or if the road is not built prior to January 2010, issuance of building permits will cease for Cardinal Point South subdivision DEFICIENCIES AND DISCREPANCIES: 1. Rear elevations for the multi-family and attached single-family units as well as the side elevations for the attached single-family units 2. Storm sewer and road grade design must be included throughout Kennedy Parkway. This is because the road development is directly related to the plat 3. Storm sewer outlet on the north end of the property must have a dedicated drainage easement or a blanket drainage easement to ensure its longevity 4. The proposed placement of the sanitary sewer connecting Private Drive #3 with Ryan Court is unacceptable. Move the manhole and connection out of the drive of Private Drive #5 (as shown on marked up drawing) 5. Trees should be moved a few more feet away from underground and .aboveground structures, like pipe and intakes, in case repairs are needed 6. Show mailbox detail. Dimensions and materials are important 7. A sign near the fronts of the homes on Private Drive #3, including addresses of those homes will be required for emergency services To: Planning & Zoning Commission Item: REZ07-00011 GENERAL INFORMATION: Applicant: Contact Person: Phone: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: Neighborhood Open Space District: File Date: 45 Day Limitation Period: SPECIAL INFORMATION: Public Utilities: Public Services: STAFF REPORT Prepared by: Sunil Terdalkar Date: August 2,2007 Southgate Development Services LLC 755 Mormon Trek Blvd Iowa City, IA 52246 (319) 337-4195 Glenn Siders 755 Mormon Trek Blvd Iowa City, IA 52246 (319) 337-4195 Rezoning from ID-ORP to OPD8 (34.58 acres), ID- RS (8.75 acres) and ID-C01 (1.71 acres) Residential development South of Kenney Parkway, east of Camp Cardinal Boulevard 45.04 acres ID-ORP North: Undeveloped - Residential Coralville (R1 B) South: Undeveloped (ID-ORP) East: Residential (ID-ORP and OPD-5) West: Undeveloped (ID-ORP) Low density residential, Office and Research Park (Clear Creek Master Plan) Clear Creek (NW1) July 19, 2007 September 3, 2007 Sanitary sewer and water lines are available and can be extended from Camp Cardinal Boulevard The City will provide police and fire protection. The City refuse and recycling collection services will be provided for the single-family houses. The multi- 2 family dwellings will need to be served by private services for refuse and recycling collection. Currently, no transit route serves this area. BACKGROUND INFORMATION: In April 2002, the Commission reviewed and endorsed a concept plan-Clear Creek Master Plan-proposed by Southgate Development Services, LLC (previously Southgate Development Company) for the development of an area covering approximately 462 acres of land that is located both in both Iowa City and Coralville. The area is generally bounded by Melrose Avenue on the south, Highway 218 on the west and Clear Creek on the north. In May 2002, the City Council signed a Memorandum of Understanding with the City of Coralville and Southgate Development Services, LLC to agree upon a concept that envisioned a "conservation-type" development including residential and commercial uses in the area. The master plan also laid out the financial participation of the cities and Southgate for the reconstruction, realignment and extension of existing infrastructure including the construction of Camp Cardinal Boulevard to facilitate the development. The applicant, Southgate Development Services, LLC, is requesting approval for the rezoning of approximately 45.04 acres of land from Interim Development Office Research Park (ID-ORP) zone to Medium Density Single-Family Residential (RS-8) with a Planned Development Overlay zone for approximately 34.58 acres, Interim Development Single-Family Residential (ID-RS) zone for approximately 8.75 acres, and Interim Development Office Commercial (ID-C01) zone for approximately 1.71 acres. The applicant has submitted a preliminary planned development plan of Cardinal Point South, a residential development with 18 single-family residential lots, 17 attached zero-lot line single-family residential lots, and 69 multi-family "townhouse-style" units on three large lots. The plan also includes three outlots, one of which is set aside for dedication as public open space, and the other is set aside for private open space, to be maintained by a homeowners association. Another outlot (Outlot C) is set aside for future residential development. Good Neighbor Policy: The applicant has indicated that they have not held neighborhood meetings; however, during the lot sales of Cardinal Ridge most of the property owners were informed of the plans in this area. The applicant also indicates that they have contacted surrounding property owners both in Coralville and in Iowa City. ANAL YSIS: Comprehensive Plan and Current Zoning: The land is part of the Northwest Planning District. The 1997 Comprehensive Plan identified this area as suitable for office and research facilities, and low-density residential development. Based on the long-term vision for an Office and Research Park type development, the land is currently zoned as Interim Development-Office and Research Park (ID-RP). The Plan, however, recognizes that with the establishment of Oakdale Campus north of Interstate 80, the possibility of additional development of office and research park type uses in this area may not be realistic. The Plan also recognizes the topographical and infrastructurallimitations of the area, and therefore, supports the development with a mix of uses, such as low density residential and office commercial uses. The Plan also supports clustered development that would result in pedestrian friendly neighborhoods with minimal disturbance of the sensitive areas. The memorandum of understanding and Clear Creek Master Plan supplement the Comprehensive Plan policy for this area. The master plan laid out a general development concept with possible street layouts, residential neighborhoods with various densities, and PCDlStaff Reportslrez07 -00011 cardinal point south 1.doc 3 commercial and office development. Camp Cardinal Boulevard has been designed as a major north-south arterial street that connects Highway 6 and Melrose Avenue, and Kennedy Parkway as one of the east west collector streets, extending west to connect to Deer Creek Road. The master plan calls for uses of moderate intensity, such as neighborhood commercial, office, or mixed uses at the intersections of the major streets, and a mix of low to medium density residential uses on the interior areas. The proposed planned development-Cardinal Point South-is in the southeast section of the overall Clear Creek Master Plan area and it would be the first development as part of that master plan. The land that is immediately to the north of the proposed development, also part of the master plan, is in Coralville and the part along Camp Cardinal Road would be developed as low-density residential development. The portion on the northeast side is reserved as a future elementary school site. The land on the east is part of the ongoing residential development of Cardinal Ridge, which is also a clustered development with low-density single-family residential dwellings. Subdivision/Planned Development Design: The applicant is proposing a residential development with a mix of small lot detached as well as attached single-family dwellings, and town-house style multi-family dwellings. Following the principles of the master plan, the subdivision has been designed to minimize the impact on he sensitive areas that exist on the land. Two neighborhood streets are proposed with the detached single-family lots on the northernmost part of the development, and the attached single-family lots are proposed along a circular drive in the southern part. The multi-family dwellings occupy three large lots in the central section of the development, with street facing townhouse-style buildings. Vehicular access for these units is being provided through rear private drives. The street design is not exactly as envisioned in the master plan, but has been realigned to minimize disturbance of the sensitive areas. On either side of the proposed residential lots are two large outlots, which contain most of the sensitive areas on the property, and as mentioned above have been set aside as open spaces. Planned Development - proposed modifications to the zoning requirements: The planned development process provides an opportunity to develop land where it may be inappropriate or difficult for a conventional development, such as the land with environmentally sensitive areas. The code allows for flexibility and modification to the requirements of the underlying zone, provided the modifications are not contrary to the intent of the code, inconsistent with the Comprehensive Plan, or harmful to the surrounding neighborhood. The code provides for flexibility in the design, placement and clustering of buildings that maintain pedestrian-oriented street frontages; encourages mixture of land uses, smaller street layouts and utility networks that use the land efficiently, and preservation and best use of the existing natural features. In general, the planned development should be the in public interest, in harmony with the purpose of the code, and consistent with the Comprehensive Plan. The code sets a few general standards and other specific standards to achieve these goals and to allow the modifications and/or waivers in the zoning requirements. The approval criteria for a' planned development include density and design compatibility with the surrounding neighborhoods in terms of the land use, building mass and scale, relative amount of open space, traffic circulation and general layout. The development should not overburden the existing streets and utilities, adversely affect the views, light and air, property value, or privacy of neighboring properties, any more than would a conventional development. The applicant is requesting approval for 18 detached single-family dwellings on lots that exceed the minimum lot standards for RS-8 zone (lots 20 - 30 and 31-38). These lots range from 6,838 to 9,423 sq. ft. in area and 56.1 to 67.5 feet in width, and require no waivers from the zoning requirements. Staff suggests that the design of these units should be compatible with the rest of PCDlStaff Reports\rez07-00011 cardinal point south 1.doc 4 the subdivision to create a consistent streetscape. As part of the Planned Development Overlay zone approval, staff recommends the street tree be required to be planted on these lots to help assure that the overall development is cohesive. The applicant is requesting approval for attached single family dwellings on lots 1- 17 in the southern section of the proposed development. As attached dwellings are only allowed in RS-8 zone as provisional uses on corner lots, modifications in the RS-8 requirements are required to allow development the 'zero-lot' units on the interior lots. The code allows for the modifications to requirements such as lot size, required setbacks, building heights if the conditions listed in article 14-3A-4 are met. The conditions include provision for adequate light, air, privacy between dwellings; sufficient area for utilities and street trees; measures to ensure that the plan does not result in traffic congestion; and garages and off-street parking spaces are planned such that they do not dominate the streetscape. The proposed attached single-family lots meet the minimum lot size and frontage requirements, as well as the side setback requirements for attached dwellings. The applicant has submitted a set of typical elevations for the attached units, which show the garages on the front. The applicant is proposing a design that keeps the garages flush with or behind the front building plane, so that the entry porch or portico is not significantly obscured by projecting garages. The plan includes 69 townhouse-style multi-family dwellings, clustered on three large lots. Rear private lanes provide vehicular access to these units. Most of the units are street facing and have been designed in the clusters of 4 and 6 units. The applicant has provided a layout with imaginary lot lines, which show that the lot width and lot area for most of the dwelling units within the clusters is considerably less than the minimum standards for a lot in RS-8 zone, resulting in a density of over 10 units per acre. Although there is a concentration of density proposed in the center of the development, the overall density is approximately 3 units per acre. The applicant has provided typical elevations and plans for the multi-family and zero-lot line attached units. Given the large number of attached units proposed to be concentrated in the southern portions of the development, it is important that the units are not too repetitive or monotonous. Staff is working with the applicant on modifications to the elevations to meet the intent and purpose of the code to ensure adequate variety yet result in consistent architectural style. Provided that concerns regarding the building elevations can be resolved, staff believes that In general, the proposed planned development is consistent with the adjacent existing development and the proposed Clear Creek Master Plan. The applicant is also considering development of commercial office type uses on a 1.71-acre parcel on the northwest corner of the property (lot 31). The applicant is seeking approval of Interim Development - Commercial Office (ID-C01) zone for this parcel. Although such a development may be appropriate and work well with the proposed residential neighborhood, the design of the commercial use and placement of parking will be critical to achieve compatibility with the proposed single-family homes on the other side of the street. The applicant is not ready with a detailed plan for this parcel, and to ensure a proper transition to the adjacent proposed residential neighborhood, the applicant has agreed that the parcel be rezoned to ID-C01 until a detailed plan is developed. If it is not feasible to design a commercial office development with such a transition, this parcel could alternatively be rezoned for residential developed. The applicant is setting aside Outlot C (covering approximately 8.75 acres) for future development. Similar to the proposed development, this area contains sensitive areas, and may require a planned development overlay. Staff recommends rezoning this area as Interim Development - Single-Family Residential (ID-RS) at this point in time. Environmentally Sensitive Areas: The property contains several environmentally sensitive features including regulated slopes, PCD\Staff Reports\rez07 -00011 cardinal point south 1.doc 5 jurisdictional wetlands, drainage ways, and woodlands. The applicant has submitted a sensitive areas development plan that shows approximately 25.3 acres of woodlands, two drainage ways, and several areas with protected, critical and steep slopes. The plan also delineates areas with jurisdictional wetlands. The applicant is proposing to remove approximately 10.1 acres (approximately 39.9%) of the existing woodlands for the construction of the infrastructure and the houses. The code allows the removal of up to 50% of the woodlands for residential development. The plan shows adequate buffer areas for the protected slopes and wetlands the applicant is not disturbing these areas. The applicant is proposing to disturb approximately 37.8% of the critical slopes for grading related to streets and houses. Large amounts of the sensitive areas are located on the outlots. Traffic implications and pedestrian facilities: The proposed planned development is accessible from the newly constructed Camp Cardinal Boulevard, which connects to Melrose Avenue on the south. The development would also be accessed on the north through the proposed extension of Kennedy Parkway from the east. Due to the existing topography and sensitive areas, the development has been clustered to minimize the disturbance of the sensitive areas. Only two new streets have been proposed as part of the subdivision-Ryan Court and Preston Lane. The applicant is proposing to plat the remainder of Kennedy Parkway along the north boundary of the property as part of the proposed subdivision and planned development, however, is not proposing to construct it at this time. Staff believes that the connection is necessary for orderly development, to provide adequate connectivity to the adjoining existing development. When Cardinal Ridge subdivision was approved, staff emphasized the need for such a connection to provide a secondary access to the neighborhoods in this area. Most of this existing and ongoing development can only be accessed by Melrose Avenue via Kennedy Parkway from the east and a chip seal road-Old Camp Cardinal Road from the north. Staff recommends a conditional zoning agreement specifying that: 1. Kennedy Parkway will be constructed by the applicant within two (2) years of the final plat approval for the first phase of Cardinal Point South, when the school (north of Kennedy Parkway) is constructed, when any development occurs on Outlot C or on the adjoining land to the east, whichever occurs first, 2. No building permits will be issued for Cardinal Ridge - Part Three until the Kennedy Parkway connection to Camp Cardinal Boulevard is completed, and 3. Issuance of building permits for the Cardinal Point South will cease if the street is not built within two years of the final plat approval. These terms should also be included in the legal papers for the final plat. As mentioned above the multi-family townhouse style buildings have been provided with rear private drive access to eliminate multiple curb cuts for the driveways that facilitates an efficient vehicular movement and an enhanced pedestrian friendly streetscape with street trees. All the proposed multi-family as well as the single-family dwelling units have been provided with adequate pedestrian connections to the street sidewalk network. Neighborhood parkland: Outlot B has been set side for neighborhood open space, and the applicant is proposing to dedicate this 5.26-acre open space to the City as parkland. The neighborhood open space requirement for a subdivision of this size (43.33 acres) is approximately 1.63 acres. This includes the dedication requirements for the future development of Outlot C. The Parks and Recreation Commission has been provided with the plan and is considering accepting the land. There is no public park facility in this part of the city. The proposed dedication would be a good location for a neighborhood park as it is easily accessible to surrounding development by the trail/wide sidewalk along Camp Cardinal Boulevard on the west and a proposed neighborhood PC DIStaff Reports\rez07 -00011 cardinal point south 1.doc 6 street-Preston Lane from the south. The plan indicates that Outlot A is reserved as private open space to be maintained by a homeowners association. Outlot A contains some of the protected sensitive areas found on the property, including a drainage way, protected slopes and woodlands. The plan also includes an interior shared open space on lot 18. The private open spaces should be improved for their intended uses and a legally binding instrument setting forth the procedures to be followed for maintaining the shared private open space and for financing maintenance costs, will need to be prepared and submitted with the final plat. Storm water management: At the time of the construction of Camp Cardinal Boulevard, a regional stormwater basin was built to the west of the Camp Cardinal Boulevard with capacity that can used for some of the surrounding development. The City Engineer is assessing the plan to verify if there is sufficient capacity to handle the stormwaterfrom the proposed development and anticipates completing the assessment in time for the August 16 meeting of the Commission. If the proposed planned development can not be served with the existing stormwater basin, the applicant would need to build a stormwater management facility on the property. Infrastructure fees: The proposed planned development is subject to the water main extension fee for $395 per acre (a total of $17,790.80 for 45.04 acres) and sanitary sewer tap on fee of $570.98 per acre (a total of 25,716.94 for 45.04 acres). STAFF RECOMMENDATION: Staff recommends deferral pending resolution capacity analysis of the storm-water detention management facility, agreement on the design of the multi-family and attached units and resolution of the deficiencies and discrepancies noted below Upon resolution of these issues, staff recommends that REZ07-00011, a rezoning of approximately 45.04 acres of land from Interim Development Office Research Park (ID-ORP) zone to Medium Density Single-Family Residential (RS-8) with a Planned Development Overlay zone for approximately 34.58 acres, Interim Development Single-Family Residential (ID-RS) zone for approximately 8.75 acres, and Interim Development Office Commercial (ID-C01) zone for approximately 1.71 acres; and a preliminary Planned Development of Cardinal Point South, a residential subdivision with a mix of single-family and multi-family residential dwellings, be approved subject to a conditional zoning agreement specifying: 1. Kennedy Parkway will be constructed by the applicant within two (2) years of the final plat approval for the first phase of Cardinal Point South, when the school (north of Kennedy Parkway) is constructed, when any development occurs on Outlot C or on the adjoining land to the east, whichever occurs first, 2. No building permits will be issued for Cardinal Ridge - Part Three until the Kennedy Parkway connection to Camp Cardinal Boulevard is completed, and 3. Issuance of building permits for the Cardinal Point South will cease if the Kennedy Parkway is not built within two years of the final plat approval. DEFICIENCIES AND DISCREPANCIES: 1. Rear elevations for the multi-family and attached single-family units as well as the side elevations for the attached single-family units 2. Storm sewer and road grade design must be included throughout Kennedy Parkway. This is because the road development is directly related to the plat 3. Storm sewer outlet on the north end of the property must have a dedicated drainage PCDlStaff Reportslrez07-00011 cardinal point south 1.doc 7 easement or a blanket drainage easement to ensure its longevity 4. The proposed placement of the sanitary sewer connecting Private Drive #3 with Ryan Court is unacceptable. Move the manhole and connection out of the drive of Private Drive #5 (as shown on marked up drawing) 5. Trees should be moved a few more feet away from underground and aboveground structures, like pipe and intakes, in case repairs are needed 6. Show mailbox detail. Dimensions and materials are important 7. A sign near the fronts of the homes on Private Drive #3, including addresses of those homes will be required for emergency services ATTACHMENTS: 1. Location Map 2. Clear Creek Master Plan 3. Preliminary Plat~ Planned Development Plan Approved by: ~ ~ Robert Miklo, Senior Planner, Department of Planning and Community Development PCDlStaff Reportslrez07 -00011 cardinal point south 1.doc ': 'T1ftt1tt I r :' ,~, , r II ,':.' , . f I;;; 11111 lIe ,'ll11 ~~~ ~~ III' Id 1- ,,~~ ~~ ~ !I! '!l~'liilliilll~~11 ~~ - ~j i ~~ !~b _2___ " 1'1 - I , __._=-=--=~__.. ; \ ==:==..'::--- , .. \ . , \\ , " \ ' \.....1 ___.&l1C ___UICptAIlt __..aI. ::-..:.. ....... - - IlI!!!lllll ~ ~U'" Ul ....... ~ ~ &;";";"n 0:0:0:0: -' -. - . :=:::.r.---..-- ., \ " ~"~'-':"':_.~J\~~" " .~, ~nr't( (Q)[f' ~(Q)IRJ~[b ~~[b[b~ + ~ - --- !E.~.= ca e. E=L-:.. ......-..... --.. ___It ....en. ..._ -- PRELIMINAR' LAT, OSA PLAN AND SENSITIVE AREAS SI --CARDINAL POINTE SOUTH IOWA CITY, IOWA PLAN ~', / 1. , '1 " f /. ...,. :;', -:\ ,J,....~: ,+'. --J .,..- ,... . . , II ., . , U ,-/" -... ..-i..._.. . Il- I". , , f / / ...J 'j",'t , . ' CoQ ,'r'D.'w-<c' : (t, BI ' ___--I II , ':'1 Iii ,.. " r I , ~ #,~ I: , i~ 'I , ~ ~ II' ' III ~ 'Iii) U:;' Dr ' . .'( ),/ , " I ~ ZONe CONCIJI'f [tl- .- " , , ,/' ',,' , """, >- ...;I~~t, : ,'" i' rl, ~. /, : - -' {\ , I -. I. ,,' . - . , ...-11' - I" \ 0, - '/' 0 ' I',' - J oJ' . ,I 0, "., .= """ "1'\ l;(j f--1; r ' ,~", , \ ~L.r Cl.l ," 0 . ~--- ;,,:...r" I~,~..;_ ~~ "'j, 1 -, . ITQfIllIWA"~ -~ , - _...-..: IICMOOI. ....Ill:l= - , - }, ~~ I 7 ~-^ :f---ir \ k1 \ 1'\/ I " \..~ , . - ..-,..~~... ~ --.,. --- ~- 'EQ' ' -If ,t'- [Jln - ~ t:::'"':) ( . '. ( ATTACHMENT B \. 21 DECEtoeSI :lOOt r I octabout concept Clear Creek Master Plan Iowa City a & THIS DRAWING IS AT , ~ SCALE Of 1',1000' ~ Coralville, Iowa ~ SHIVE ,HATTERY ~ OPD1 D-RS D-RS CITY OF 10 filA CITY D-ORP Rezone OSA8 RR1 Re~one (/) I- 2 ::::i w I- <( Cl:: n REZ07-0001 Camp Cardinal Rd Kennedy Pkwy SE corner SITE LOCATION: LNT tD' D 4 r ....... 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RIG....T LEFT ELEY A TION - A AND 6 I..W "S -1 L.UT "/J.- I.W -s Lh1 "/J.- .1.2'4" STEP VI/ 6-FLD FFCNT ELE V A TICN "A" ../24" SiEP \~\' 6-FLEY FRONi ELE\",A TICN "8" - .:::ONCEPTIJAL SIDE ELE\/ATION5 l 09Sj;7 ~ Prepared by: Adam Ralston, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 ORDINANCE NO. AN ORDINANCE REZONING APPROXIMATELY 0.95 ACRES OF LAND AT 805 AND 817 SOUTH GILBERT STREET FROM INTENSIVE COMMERCIAL (CI-1) TO COMMUNITY COMMERCIAL (CC-2). (REZ07 -00012) WHEREAS, the applicant, George Sehl, has requested a rezoning of properties located at 805 and 817 S. Gilbert Street from Intensive Commercial (CI-1) to Community Commercial (CC-2); and WHEREAS, the business uses conforming to a CC-2 zone are compatible with current surrounding land uses; and WHEREAS, the Planning and Zoning Commission has found that although the Comprehensive Plan land use map depicts this area as appropriate for intensive commercial development, the Plan does show general commercial development for adjacent properties and notes that the recent trend of apartments being built above intensive commercial areas may result in the need to re-examine the appropriate land uses and zoning patterns in this area; and WHEREAS, the current use as a medical office is non-conforming in a CI-1 zone, but will be conforming in a CC-2 zone. WHEREAS, given the above noted factors the Planning and Zoning Commission has found that the proposed rezoning is in general compliance with the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed rezoning; and WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The property described below is hereby reclassified from its current zoning classification of Intensive Commercial (CI-1) to Community Commercial (CC-2) is hereby approved: Commencing at a point on the South line of Lot 4 in Block 28 of that part of Iowa City, Iowa, known as the County Seat of Johnson County, according to the plat thereof recorded in Book 1 & 2, page 301, Deed Records of Johnson County, Iowa, which point is 28 feet West of the Southeast corner of said lot 4; thence in a Northerly direction in a straight line to a point on the North line of Lot 3 in Block 28, 3 feet West of the Northeast corner of said Lot 3; thence East 38 feet; thence South to a point 35 feet East of the Southeast corner of said Lot 4; thence West to the place of beginning, subject to easements and restrictions of record And Commencing at the southeast corner of Lot 4, Block 28 of County Seat Addition as recorded in Deed Book 1 & 2, Page 301, Johnson County, Recorder's Office thence N 89053'17"E, 35.00 feet; thence NOoo16'55"W, 12.70 feet parallel to the east line of said Block 28 to the Point of Beginning; thence NOoo16'55"W, 147.36 feet parallel to the east line of said Block 28; thence N89051'13"E, 41.43 feet along the easterly extension of the north line of Lot 3 of said Block 28 to a point that lies 45.00 feet westerly from the centerline of Gilbert Street; thence S15025'50"W, 152.98 feet along said line lying 45.00 feet from the centerline of Gilbert Street to the point of beginning. Commencing at the northwest corner of Block 28, County Seat Addition to Iowa City, Iowa, as recorded in Deed Book 1 and 2, Page 301 of the records of Johnson County, Recorder's Office; thence S89051'40"E, along the north line of said Block 28 of the northeast corner of Lot 1 of said Block 28, which is the point of beginning; thence S89051'40"E, 131.78 feet along the north line of Lot 1, Block 29, of said County Seat Addition, to the westerly right-of-way line of Gilbert Street; thence S15043'12"W, 165.98 feet along said westerly right-of-way line to the south line of Lot 2, Block 29, of said County Seat Addition; thence N89051'13"W, 86.81 feet along said south line to the southeast corner of Lot 2, Block 28, of said County Seat Addition in accordance with ordinance of vacation recorded in Miscellaneous Book 390, Page 176, of the records of the Johnson County Recorder's Office; thence north 159.87 feet along the east line of Block 28 to the point of beginning, Ordinance No. Page 2 And Auditor's Parcel #98017, according to the Plat of Survey recorded in Book 39, Page 270, Plat Records of Johnson County, Iowa. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. 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 VI. 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 , 20_. MAYOR ATTEST: CITY CLERK APP7ed by () ~tZ 4'~~'1Jf?-rY City Attorney's Office &'" P<9 ~ 7 Wpdata/ppadmin/ord/REZ07 -00012.doc Ordinance No. Page _ It was moved by and seconded by as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn First Consideration 9/18/2007 Vote for passage: AYES: Correia, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published STAFF REPORT To: Planning & Zoning Commission Prepared by: Adam Ralston, Planning Intern Item: REZ07-00012 Date: August 16, 2007 GENERAL INFORMATION Applicant: George S. Sehl 805 S. Gilbert St. Iowa City, IA 52240 Contact Person: Shawn M. Zierke 1933 Keokuk St. Iowa City, IA 52240 Phone: (563) 663-3250 Requested Action: Rezoning from Intensive Commercial (CI-1) to Community Commercial (CC-2) Purpose: To allow retail uses Location: 805 S. Gilbert Street and 817 S. Gilbert Street Size: Approximately 0.95 acres Existing Land Use and Zoning: Intensive Commercial (CI-1) Surrounding Land Use and Zoning: North: South: East: West: Commercial CC-2 Open space/Commercial CI-1 Commercial CC-2 Open space/Commercial CI-1 Comprehensive Plan: Intensive Commercial File Date: July 26, 2007 Sept 8, 2007 45 Day Limitation Period: BACKGROUND INFORMATION The applicant, George S. Sehl, is requesting a rezoning from Intensive Commercial (CI-1) to Community Commercial (CC-2) for properties located at 817 S. Gilbert Street and 805 S. Gilbert Street. The 805 S. Gilbert Street property is currently used as a medical office while the structure on the 817 S. Gilbert Street property is currently vacant. 2 ANAL YSIS Land Use and Zoning The purpose of CI-1 zone is to provide areas for businesses whose operations are typically characterized by outdoor storage and display of merchandise, by repair and sales of large equipment or motor vehicles, or by activities or operations conducted in buildings that are not entirely enclosed. In general, the CI-1 zone allows quasi-industrial uses that are less compatible with residential and retail areas. The proposed CC-2 zone is characterized by businesses that cater more broadly to the general public, including retail, office, and restaurant uses. Gilbert Street is a major arterial street through Iowa City that serves as a connection between the south side of the city and the downtown area. With a high volume of people using this gateway through the city, it is important that the area look as aesthetically pleasing as possible. Generally, the businesses found in a CC-2 zone would not have outdoor storage or other features that require screening to make them compatible in a highly visible location. The current use of the 805 S. Gilbert Street property as a medical office is a non-conforming use as currently zoned (CI-1). Although non-conforming, the structure and its use fit in well with surrounding uses. The opposite (east) side of Gilbert Street in this location is comprised of a variety of commercial uses, mostly general office, retail and restaurant space, that conform to the CC-2 zone in which they operate. Additionally, there is a residential component to the property on the east side of Gilbert Street. The area north of these properties is zoned CC-2. A change from CI-1 to CC-2 would maintain consistent zoning along the section of Gilbert Street fronting these properties. Although the area west of these properties is zoned CI-1, a creek and vegetation act to separate the two areas so that similar zoning would not be necessary. To the south, there are no businesses within a distance of one block on the west side of Gilbert Street as the area is occupied by a creek and vegetation. A CC-2 zone would allow the current use of the 805 S. Gilbert Street property, a medical office, to become a conforming use. Furthermore, a CC-2 zone would allow only future uses of this property that would continue to be compatible with surrounding properties. The 817 S. Gilbert Street property is currently occupied by a vacant structure. A change in zoning could have an immediate impact on this property as the type of business locating here could potentially be affected by a change in zoning. Compliance with Comprehensive Plan The Comprehensive Plan's land use map identifies these properties as being appropriate for intensive commercial, while showing an area to the north of these properties as general commercial. However, the Central Planning District section of the Comprehensive Plan states, "The recent trend of apartments being built above intensive commercial areas may result in the need to re-examine the appropriate land uses and zoning patterns in this area." As previously stated, there is a residential aspect to the land use on the east side of Gilbert Street. Due to this nearby residential use, and the Comprehensive Plan questioning the compatibility of intensive commercial and residential uses, it is likely that uses found in a CC-2 zone would be more appropriate for these properties than would the uses allowed in a CI-1 zone. Since these properties are relatively small, near the general commercial area shown in the Comprehensive Plan, and the proposed CC-2 zone would be compatible with surrounding land uses, rezoning these properties from CI-1 to CC-2 would not appear to conflict with the intent of the Comprehensive Plan. 3 Transportation Gilbert Street is classified as an arterial street in front of these properties. There are two access points to these properties. One is along Gilbert Street located in between the two structures. The second access point is off of Benton Street on the south side of the 817 S. Gilbert property. CC-2 zoned businesses often have the potential to generate increased traffic when compared to CI-1 zoned businesses. Due to the small size of these properties, however, it is likely that any additional traffic generation would be minimal. The location of these properties on an arterial street makes it a good location for businesses typically located in a CC-2 zone. Sidewalk access is important in a CC-2 zone as businesses in this zone cater to the general public. Gilbert Street and Benton Street both offer sidewalk access along these properties. There are thirty-four parking spaces currently available on-site between the two properties combined. There is no street parking available on the adjacent streets. The available parking would be adequate for many businesses in a CC-2 zone, such as a general office. However, businesses that typically require more parking, such as a restaurant, might find these properties unattractive due to the number of available spaces. Due to the size and layout of these properties, it is not likely that additional parking could be added. Some possible CC-2 uses may therefore be limited. STAFF RECOMMENDATION Staff recommends that item REZ07-00012, an application for the rezoning of approximately 0.95 acres of property located at 805 S. Gilbert Street and 817 S. Gilbert Street from Intensive Commercial (CI-1) to Community Commercial (CC-2), be approved. Approved by: ~~. Robert Miklo, Senior Planner, Department of Planning and Community Development I A n 1m 0/ I Core ! I - . SITE LOCATION: ~ CITY OF 10 WACITY P1 REZ07-00012 805 & 817 S. Gilbert Street ~~/ <: _,J Prepared by: Adam Ralston, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 ORDINANCE NO. 07-47RO AN ORDINANCE VACATING COURT STREET WEST OF MADISON STREET AND FRONT STREET SOUTH OF BURLINGTON STREET (VAC07-00004). WHEREAS, the applicant, The University of Iowa, has requested a vacation of Court Street west of Madison Street and Front Street south of Burlington Street. WHEREAS, the Planning and Zoning Commission has found that the portions of Court Street and Front Street in question serve no public purpose, other than for underground utilities, and are not likely,to do so in the future; and WHEREAS; the Planning and Zoning Commission has recommended approval of the requested vacation, subject to retention of any necessary utility easements; and WHEREAS; the Iowa City City Council concurs with the recommendations of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The property described below is hereby vacated by the City of Iowa City, subject to retention of utility easements: That part of Front Street lying South of the Southerly right-of-way line of Burlington Street and North of the Northerly right-of-way line of Harrison Street, located in Iowa City, Johnson County, Iowa except that part previously vacated as shown on the plat of survey recorded in Plat Book 42, Page 113 at the Johnson County Recorder's Office and containing 60,071 square feet more or less. And That part of Court Street lying West of the Westerly right-of-way line of Madison Street and East of the Easterly right-of-way line of Front Street, located in Iowa City, Johnson County, Iowa and containing 25,600 square feet more or less. 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 effect after its final passage, approval and publication, as provided by law. ed and approved this 18th day of September ,20~. ATTEST:In~ K". ~ C'rfY CLERK Ppdadmin/ord/vac07 -00004, doc Ordinance No. 07-4280 Page --2..- It was moved by Vanderhoef and seconded by as read be adopted, and upon roll call there were: Correia that the Ordinance AYES: NAYS: ABSENT: x x x x x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn First Consideration 9/4/2007 Vote for passage: AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey. NAYS: None. ABSENT: None. Second Consideration --------------------- Vote for passage: Date published 9/26!'J007 Moved by Vanderhoef, seconded by Correia, that the rule requiring ordinances to be considere 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: Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia. NAYS: None. ABSENT: None. Nll~ s.;: --' Prepared by: Doug Ongie, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 ORDINANCE NO. 07-4281 AN ORDINANCE VACATING 102 FEET OF THE 20-FOOT WIDE NORTH-SOUTH ALLEY RIGHT-OF- WAY LOCATED IN BLOCK 102 SOUTH OF BURLINGTON STREET AND EAST OF CLINTON STREET (VAC07-00005). WHEREAS, the applicant, Hieronymus Square Associates, has requested the vacation of a portion of the north-south alley in Block 102 located south of Burlington Street and east of Clinton Street; and WHEREAS, a public access easement will be retained to allow vehicles to enter from Clinton Street and exit on to Court Street; and WHEREAS, necessary utility easements will be obtained, otherwise the utilities will need to be relocated; and WHEREAS, the applicant will be responsible for maintenance along the access easement and snow removal from the southern 96-feet of the remaining north-south alley; and WHEREAS, the Planning and Zoning Commission has recommended approval of the requested vacation, subject to the retention of a public access and utility easements and maintenance requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The property described below is hereby vacated by the City of Iowa City, subject to retention of a public access and utility easements: Beginning at the Southeast corner of the vacated North 182 feet of the alley in Block 102, thence South 102 feet, thence West 20 feet, thence North 102 feet, thence East 20 feet to the point of beginning, containing approximately .05 acres (2,040 square feet) and subject to easements and restrictions of record. 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 effect after its final passage, approval and publication, as provided by law. an]] to': day of Spp.pmhpr MAYOR - ,20 07 . ATTEST: ~e.~~ ~ ~ CI CLERK Ordinance No. 07-4281 Page ~ It was moved by Bailey and seconded by as read be adopted, and upon roll call there were: Champion that the Ordinance AYES: NAYS: ABSENT: x x X X X X X Bailey Champion Correia Elliott O'Donnell Vanderhoef . Wilburn First Consideration 9/4/2007 Vote for passage: AYES: Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia. NAYS: None. ABSENT: None. Second Consideration ----------------------- Vote for passage: Date published 9/26/2007 Moved by Bailey, seconded by Vanderhoef, that the rule requiring ordinances to be considere< 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: Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef. NAYS: None. ABSENT: None. ~ MEMORANDUM Date: September 10, 2007 To: City Council From: Tim Hennes, Senior Building Inspector Re: Notable Changes Contained in the 2006 Editions of the Codes, and Local Amendments Working in cooperation with the Greater Iowa City Area Home Builders Association and having support of the Board of Appeals the 2006 Edition of the Codes is being submitted to you for your review and approval. Following are significant changes made by local amendments and notable changes between the 2003 codes and the 2006 codes. 1. International Building Code (IBC) and International Residential Code (IRC) The majority of amendments of the IBC and IRC are for clarification of a code requirement or to reflect local practices that have evolved from previous building codes and their amendments. Following are notable changes or proposed new amendments: a. Amendment to Section 202 deleting the definition of Accessory Structure and adding the definition used in the City Zoning Code. Comment: Provides uniformity between the building code and zoning code. b. Change to section R302 requiring exterior walls to have one-hour fire resistive construction when located less than five feet from the property line. Comment: The code change increases the distance from three feet to five feet making the requirement consistent with that for similar structures which are regulated by the IBC. c. Change to Section R310.1 requiring at least one emergency and escape window in all basements, except for those basements that are not more than 200 square feet and used solely for mechanical equipment. Comment: The code changes eliminates a previous local amendment requiring egress windows in all basements and provides an exception for not needing an emergency and escape window for small basement areas that are used for mechanical equipment. d. Change to Section R310.5 allowing emergency escape and rescue windows to be located under a deck or porch if a path not less than 36 inches to the yard is provided. Comment: The code change eliminates a previous local amendment allowing emergency escape and rescue windows under decks and porches. . e. Change to Section R313.1.1 to reflect that smoke alarms are not required in existing dwellings where the work is limited to window or door replacement or when an exterior porch or deck is constructed. Comment: The code change eliminates a previous local amendment that exempted smoke detector installation for repairs to the exterior surface and deck additions. f. Change to Section R317.1 allowing a 5/8' gypsum board (drywall) ceiling to provide the required 1-hour dwelling unit separation. 2 Comment: The code change provides an additional method of separating dwelling units in a two- family dwelling by allowing for fire-resistive protection at the ceiling line of each unit rather than at a wall line in the attic. g. Amendment to add Section R325 to require all new structures regulated by the International Residential Code be constructed using universal design features that provide usability for all. Comment: The amendment requires minimum standards for first/ground floor doors to have thirty- two inch (32'j clear opening width, a washroom/powder room on the first/ground floor and a no- step entrance to the dwelling units first/ground floor. Also, there is a requirement for switches, outlets and temperature controls to be placed in an accessible area. There is an exception to not require the no-step entrance provided a design is submitted showing a no-step entrance could be provided without encroaching in a required parking space. h. Amendment to Sections R613.2 & 1405.12.2 eliminating the provisions that have been added for fall protection from exterior operable windows when windows are located less than 24 inches from the finished floor and more than 72 inches above exterior grade. Comment: Amendment eliminates the requirement that all windows greater than 72 inches above exterior finished grade be 24 inches or more above the finish floor unless the window is fixed; or if operable, the opening is limited to no more than 4 inches; or there is a guard installed on the window. i. Amendment to Section G2415.1 eliminates the requirement prohibiting gas piping not extend through any townhouse unit other than the unit served by such gas piping. Comment: Amendment is consistent with the mechanical and fuel gas code with regard to gas piping being installed through dwelling units. Zero lot-line units will still be required to have separate services but single structures that contain multiple units will be allowed to have the gas piping extend through other units. This is consistent with gas pipe is installed now and in the past. j. Change to Section 1003.2 increasing the ceiling height throughout the means of egress system to 7 feet 6 inches in lieu of 7 feet 0 inches. Comments: The change provides for consistency in the code by requiring the same ceiling height in occupied spaces and the means of egress system. k. Amendment to Section 3002.4 to require elevators in buildings four or more stories in height. Comment: Amendment maintains the minimum requirement that an elevator be provided if the building is four or more stories in height. The amendment is consistent with the previous code requirement. 2. Uniform Plumbing Code a. Change to adopt Chapter 11, Storm Drainage, as part of the Iowa City Plumbing Code. Comment: Change adopting Chapter 11 will allow for the enforcement of storm drainage systems which were specifically amended out in previous code cycles. b. Change by placing Chapter 16, Gray Water Systems, in the main body of the code in lieu being located in the appendices. Comment: Change allows for enforcement of the code provision if needed. Code provisions in the appendices are only enforceable if specifically adopted. 3 c. Change to Table 4-1 allowing separation of employee and public occupant load calculations for restrooms in public buildings. Comment: The required number of fixtures for employees/staff is higher than for the same number of people for public use. This would allow, in some situations, a lower overall required fixture count in public buildings and offices. d. Amendment to Table 4-1 allowing two-thirds (2/3) of the required male fixtures to be urinals. Comment: Amendment changes the minimum number of water closets (toilets) in the male restroom to one-third of the required number in lieu of one-half (1/2) as required in previous code. The amendment allows two-thirds of the required fixtures to be urinals. e. Change to Table 4-1 requiring minimum number of plumbing fixtures accessible to the public for wholesale and retail stores. Comment: Change requires a minimum number of fixtures for wholesale and retail stores based on lower occupant load factors. Previous code didn't require fixtures in wholesale and retail occupancies until the occupant load reached 500. 3. International Mechanical Code and International Fuel Gas Code a. Amendment to Section 106.2 to not require a permit to replace a fixed appliance. Comment: Amendment eliminates the permit requirement to replace a fixed appliance provided the appliance remains in the same location, has a rating equal to or less than the appliance being replaced and additional piping or duct work is not installed. b. Amendment to Section 504.5 to require a minimum 100 square inches of makeup air for all new laundry rooms Comment: Amendment eliminates the guess work of what type of dryer may be installed and what the manufacture will require for makeup air. c. Amendment to Section 507.2.1.1 requiring the appliance to be interlocked with the fan powered exhaust system to prevent appliance operation when the exhaust system is not operating. Comment: Amendment simply clarifies the requirement that the appliance needs to be interlocked with the exhaust system. 4. International Fire Code (See summary from Deputy Fire Chief on next page) cc: Doug Boothroy, Director, Housing and Inspection Services Sue Dulek, Assistant City Attorney Roger Jensen, Deputy Fire Chief John Grier, Fire Marshal Joan Tiemeyer, Executive Officer, The Greater Iowa City Area Home Builders Association hisblg/ord/2006BCA/summarymem07.doc The Johnson County Livable Community for Successful Aging Policy Board September 10, 2007 The Iowa City City Council 410 East Washington Iowa City, Iowa 52240 Dear Counselors: The Johnson County Livable Community for Successful Aging Policy Board is supportive of all efforts to make sure that the future housing stock in Iowa City and throughout the county enables persons to remain in their own homes (age in place). Survey after survey, including one done by the Johnson County Consortium on Successful Aging, shows that over 90% of seniors want to age in place. But, home modifications needed are often too expensive to allow people to age in place. Iowa City can lead in the effort to build a housing stock that allows persons to age in place. We support an aggressive educational program, however, we recognize that change often has not come from volunteer action alone, but only after rules and regulations have been adopted. Nationally, the AARP, in its publication Beyond 50.05, advocates that communities should promote universal design and visitability. The Blueprint for Action developed for ~ livable community, just released by the National Association of Area Agencies on Aging, suggests that communities should encourage universal design and visitability in new housing construction. We believe the proposal before you, from the Board of Appeals, contains minimum universal design features and visitability standards that benefit not only those who are older, but people of all ages. Young mothers with a small child in a stroller, or the person who is temporarily or permanently disabled, all benefit from the features in this proposal. We urge you to adopt this section of the Code. In addition, we hope that Iowa City will explore incentives to home builders who choose to promote and build homes incorporating universal design features. We also assure you that the Policy Board is committed to working with the Homebuilders Association and local government offices to establish a certification program for homes incorporating universal design features. Discussions have already taken place, and all parties have so far agreed that such a program should be developed and would have broad appeal. Sincerely .-4?t 71~~ Bob Welsh, Chair DRAFT MINUTES IOWA CITY BOARD OF APPEALS MONDAY, AUGUST 13, 2007 EMMA HARVAT HALL, IOWA CITY CITY HALL 410 E. WASHINGTON STREET IOWA CITY, IA MEMBERS PRESENT: John Roffman, Chad Campion, Steve Buckman, AI Gerard, Gary Haman, Tim Fehr MEMBERS ABSENT: Doug DuCharme STAFF PRESENT: Tim Hennes (Sr. Building Inspector), Doug Boothroy (Director-Housing & Inspection Services), Roger Jensen (Deputy Fire Chief), John Grier (Fire Marshal) Sue Dulek (Asst. City Attorney), Jann Ream (Code Enforcement Asst. acting as minute taker) OTHERS PRESENT: Bob Welsh, Mike McKay (Public), Tom Bockenstedt (B&H Builders), Boyd Crosby (Boyd Crosby Construction), Dan Smith, Joan Tiemeyer (Iowa City Home Builders) RECOMMENDATIONS TO COUNCIL: Recommended by a 4-2 vote (Roffman and Haman dissenting) to approve the adoption of the 2006 International Building, Residential, Fire, Mechanical, and Fuel Gas Codes and the 2006 Uniform Plumbing Code with all proposed amendments. CALL TO ORDER: Chairperson Roffman called the meeting to order at 4:02 PM CONSIDERATION OF MINUTES: Minutes from the July 2,2007 meeting were reviewed. Haman moved to adopt the minutes. Buckman seconded. Minutes were approved with a unanimous vote of 5-0. Tim Fehr arrives after vote on minutes. Appeal the decision of the BuildinQ Official because he has incorrectly interpreted a provision of the code. (1123 N. DodQe Street). Appeal has been deferred pending the outcome of a Minor Modification application and decision. DRAFT Discussion and possible recommendation to Council reQardinQ adoption of the 2006 International BuildinQ, Residential. Fire, Mechanical and Fuel Gas Codes and the 2006 Uniform Plumbinq Code. Jensen informed the Board that the included memo highlighted the notable changes and proposed amendments to the Fire code. He stated that the code and amendments had been endorsed by the Fire Prevention Advisory Committee (a group of local contractors who work with fire code requirements in Iowa City). Jensen said that staff had worked through the provisions with the committee and therefore felt that the provisions make sense from both the regulatory and practical stand points in terms of implementation. Buckman asked for clarification of Sec.1 04.12 which included the term "health hazard". He wondered what type of "health hazard" would allow the Fire Department to evict a premises. Jensen said it was an odd term but it was language from the model code. He said that it would have to be a hazard that the Fire code addresses - it would have to be code based. Buckman also asked about Sec.307.1.2 which states that any outdoor burning would have to stop by 11 :00 PM. He thought that the language was a little vague -did it allow burning to commence again after midnight? Dulek agreed that the language should be clarified. Roffman asked if whether there was a time frame for the new owner of an existing A2 occupancy that was not in compliance with the recently passed new regulations to come into compliance. Hennes responded that it would be during the process of approving the new liquor license - that there was no set time frame. Roffman was concerned that they would not be allowed to open until they complied. He was also concerned that the new owner would not know of the requirement until after the sale. Hennes said staff was trying to work out a process to keep everyone informed - perhaps a recorded document. Boothroy stated that H.I.S. has always given people a reasonable time for compliance if it appears that they are moving forward with compliance- submitted plans, contract with installer, etc. He saw no reason to think that that policy would change. There would only be a problem if the new owner made it known that he was not going to comply. Jensen pointed out more changes to the Fire code which include the allowance for radio notification, specifications for fire access roads and size of street address numbers, allowance for portable electric space heaters (certain types), and defined hose connection sizes. There were no public comments concerning the adoption of the Fire code. Hennes directed the Board to the memo which highlighted the notable changes to the Building code. He noted that some of the changes reflect amendments that were previously adopted by the City but now have become part of the code itself -so the DRAFT old amendments can be eliminated. Hennes pointed out that staff wants to amend out the new code provision for fall protection for windows that are located less than 24 inches from a finished floor and more than 72 inches above exterior grade. Staff felt it was inconsistent with other provisions of the code. Staff also proposes to amend out the provision for separate gas piping to individual townhouse units. Staff feels that the current code allows for the piping to run underneath floor systems to get to each unit and does not compromise the safety of the units. No change is necessary. Hennes then explained the proposed amendment for new usability requirements in the International Residential Code. They would apply to new dwelling units only and would include 1) the requirement for a minimum opening of 32 inches for interior doors, 2) switch and outlet placement in an area between 15 inches and 48 inches from the finished floor, 3) at least one bathroom (toilet and sink) on a level accessed by a no-step entrance and 4) at least one no-step entrance to the dwelling unit accessible from the public sidewalk or the required off street parking. Hennes pointed out that there were exceptions available to both the bathroom and the no-step entrance requirements. If the level that the no-step entrance accesses is not to be finished during the initial construction (such as the lower level of a split level home), then the bathroom need only be roughed in - not completed. The no-step entrance does not have to be provided during the initial construction if it can be demonstrated on the plans that there is room to provide for a no-step entrance in the future -such as a ramp in an attached garage that would provide access to the first floor level. Or the Building Official may waive this requirement completely if it is determined that strict compliance is financially or environmentally impractical. Because this amendment appears to be the only issue that the Iowa City Homebuilders Association opposes, Boothroy provided the Board with the rationale behind the proposed amendment. Boothroy stated this amendment addresses the inevitability of aging and that everyone will suffer some degree of mobility impairment as they age. The aging population is growing significantly and housing is not being designed for the health, safety and welfare of this aging population. Elderly needs have not driven the market for new homes in the past; homes are designed for the young healthy family. Boothroy said that the proposed standards are not Universal Design standards which go much farther than what is being proposed. These are minimum standards that deal with some of the structural issues that can be very expensive to correct or retrofit later. People do not face reality when it comes to their own aging and do not accept the limitations that come with aging. Boothroy said the standards address the issue of affordability because the standards either do not cost any more (or just minimally more) to install or are not required to be installed up front. It is generally more affordable for seniors to stay in their own home. Boothroy said that 50% of the people on assisted housing are either elderly or disabled. It is just this population that is on a fixed income and cannot afford to pay for structural changes to their homes at this point in their life. DRAFT So what this proposed code does require is planning for what may be needed in the future while not necessarily requiring the implementation up front. Boothroy also pointed out that, through the City, he has been building housing for low income families for many years to stricter usability standards than the ones proposed. The standards have not affected afford ability at all. The last bid received for construction for a City built house came in at $80.00 a square foot and this was not a stripped down house. This was a house with many of the features that buyers require and expect in today's market - garages, side by side refrigerators, two bathrooms, wall ovens, 2x6 construction etc.. Boothroy said the voice of the consumer is reduced as that consumer ages. However, people do not want to leave their home until they absolutely have to and then it is usually in an emergency situation. There are already higher standards in place for housing built with public funds; these were adopted in 2002. At that time the Iowa City Homebuilder's Association did initiate an educational program for contractors and consumers to make them aware of these standards so that they could be used in all housing, not just housing built with public funds. However, education is not enough. Not enough contractors are participating. Therefore, it is important that these standards get adopted. Haman stated that it is his opinion that most of the new homes being built now are for young families and that, as they age, they are not going to stay in these homes -they are too big. He thought that it is wrong to tell people how to design and build their homes. Hennes pointed out that these standards are not just for the elderly or disabled. There may be temporary issues that these standards could help -a broken leg for instance. Also, young families have parents and grandparents who may be visiting or might need to move in. Boothroy gave the example of curb ramps. When they were first proposed many years ago, it was a controversial idea and many people fought it because they did not see the need. Now it is almost unimaginable to think about a cityscape without them. The ramps provide a benefit for everybody -not just the disabled. He said it is important to remember that these structures will exist long beyond the people who build them; they are an important asset to the infrastructure of the community. Roffman opened the discussion to the public. Dan Smith (IC Homebuilders) stated that City staff had worked very well with the homebuilders in working out the new code requirements. The only issue on which they disagreed was making these usability standards mandatory. He said that even when these standards are presented to consumers, the person may still choose not to implement them -that has happened. He said that there is a cost associated and it will have a greater impact on smaller homes. He was also concerned about the precedent that this may set for future code issues. It is the Homebuilder's belief that the building code is (and should be) only about the safety and structural integrity of a building. The DRAFT usability standards have nothing to do with that purpose. He stressed that they have worked for five years to promote Universal Design as a voluntary market based approach. He felt it should be a market approach -not mandatory. Mike McKay stated that he has been involved with the Johnson County Consortium on Successful Aging and its work on housing since its inception. They prepared a report on housing based on surveys and focus groups. What they found is that builders are more than willing to build to universal design standards if the consumer asks for it. The problem is that the public doesn't know to ask for it which is why education is important. He said that his group and other national groups such as AARP are all supporting efforts to increase usability in housing inventory. There are many ways to achieve this -some voluntary, some mandatory and some in-between. He described what some jurisdictions have done to promote these standards. Their concern isn't the exact method-just the goal. Bob Welsh wanted to make clear that he was speaking as an individual and not representing any particular group but he did want to make some points. People want to age in place in their homes. Person's homes often present barriers. As a retired minister, he has been in many homes where people would have to go up to an upstairs bathroom on their butt because they could no longer navigate the stairs. He has helped people figure out how to put a bathroom on the first floor. He stated that home modification is expensive and what is being proposed has minimal cost up front. He stated that, while education is important and the Homebuilder's are doing a good job, it is well known that change does not always come voluntarily but only after standards have been articulated and adopted as code. It was his opinion that building codes should be about more than the safety and structural integrity of a structure. Building code should also ensure the usability of housing which means housing that enables an owner to live in their own home in their youth and in their old age, when they are healthy and when they are disabled. The Iowa City area is becoming more attractive to seniors and that is an economic benefit to the whole community. Usable housing for seniors is key. Tom Bockenstedt stated that the basic issue is whether or not the open market will drive these changes. He believes it will. This has already been demonstrated with such issues as green building. He thinks the market is driving universal design -he is currently building such a house. He thought the attitude of the general public is changing in home buying - people buying homes these days are not planning on staying in the homes their whole life. When they get to the point of buying a home later in life, they will look at these issues and request these features then. He suggested that there may be other ways of providing incentives to provide these features in new homes rather than mandating them - perhaps an award system such as Historic Preservation has. Then the builder could use this award both as a marketing and educational tool. He believes the usability ideas are good but, as a DRAFT builder, half of him is for the code change and half of him is against it -he is never for government mandates. Joan Tiemeyer thanked the Building Department for their work and cooperation with IC Homebuilders in adoption of the new building code. However, on this issue, the Homebuilders feel this should be a market driven change. She asked that the Board wait to see how their education process works and then reevaluate these issues at the next code cycle. Roffman stated it seems that everyone agrees that these standards are good ones - the issue is whether they should be voluntary or mandated. He asked if other jurisdictions have adopted standards similar to these. Boothroy responded yes, but not in Iowa. Boothroy also stated that he liked the idea of an award or some sort of recognition for a builder who exceeds these minimum standards. This could also be used an educational tool since it would get some publicity. Mckay noted that Bolingbroke, IL had adopted standards like this as code in 1999. Irvine, CA had a mandatory education requirement that required an owner to sign off stating that he had been advised of these standards and chose not implement them. Atlanta, GA and Pima County, AZ also did it as mandatory code. Haman stated that he would prefer that the City emphasize the educational process both with builders and designers and not make the standards mandatory. Campion stated that as a young home buyer, he did not think of any of these issues but he and his wife have already realized that they will not be able to age gracefully in the home they just bought. He also made the point that he and wife (who is an architect) went through the City -built Universal Design house on B Street when it was on the Parade of Homes (2002) and talked about all of those design standards at the time and thought they were worthwhile. However, when it came time to buy their home, they didn't think about or remember the issue of universal design or usability so education on its own is not enough. Buckman stated that he was struggling with the issue of voluntary versus mandatory. He was concerned that there was no established time frame for education to work. He cited the example of ADA (American Disabilty Act) standards. The issue was promoted through education for a long time but didn't really get anywhere until the federal government made it mandatory. He did see both sides of the issue. Roffman stated that it seemed once again Iowa City would be the only jurisdiction in the area to adopt an innovative standard. He was concerned about consistency among the local jurisdictions. He would prefer a mandatory education process and a DRAFT rewards or acknowledgement system. Boothroy stated that it was his understanding that Johnson County staff has indicated that they would recommend these standards if Iowa City did. Roffman asked if the Board had any questions concerning the rest of new codes - Mechanical, Plumbing and Fuel Gas. There were none. MOTION: Buckman moved to adopt the 2006 International Building, Residential, Fire, Mechanical, and Fuel Gas Codes and the 2006 Uniform Plumbing Code with all the proposed amendments. Seconded by Campion. VOTE: The motion was approved 4-2 with Roffman and Haman voting no. OTHER BUSINESS: The next meeting date was set for September 10. 2007. ADJOURNMENT: Haman moved to adjourn the meeting. Seconded by Gerard. The meeting was adjourned at 6:00 PM John Roffman, Board of Appeals Chairperson Date Page 1 of 1 ~\ Marian Karr From: Sent: To: keith ruff [keithedt2@yahoo.com] Tuesday, September 18, 2007 1 :55 PM Council Subject: item 7.amendment to title 17 Attachments: 3048139112-City Council Universal Design 091807.doc i am sorry, but i will not be able to attend this evening's city council meeting so i have attached this public comment to be read. thank you for your assistance. keith ruff Catch up on fall's_hotnew shows on Yahoo! TV. Watch previews, get listings, and more! 9/1812007 Tuesday. September 18th, 2007 To: City oflowa City Council Members Re: Item 7. Amending Title 17 As a long time Iowa City resident with a disability, I highly recommend that the building code be amended to include Universal Design and the enforcement thereof. This would give persons with a disability more of a choice where to live within the city limits. Right now we seem to be relegated to specialized housing, limiting our choice of what neighborhoods we are able to reside in. On a financial note, it would be a lot less costly for the city to have Universal Design already incorporated into all structures built from this point forward. This would be a savings because citizens that become older or acquire a disability will not have to expend money renovating their properties, and there will be less need for public assisted living and specialized housing facilities. I know the Homebui1ders' Association has long been against making Universal Design an enforceable aspect of the City Building Codes, but I implore you to take these thoughts into consideration as you make your decision of whether to include Universal Design or not. Sincerely, Keith Ruff Evert Conner Center for Independent Living P AS/Peer Counseling Coordinator 319-338-3870 keithedt2@yahoo.com '?~.~ J~ f)~ ~~ A~ Pf-~ ~~ I -, ~ ~ J/~v:;. Iv~ ~<Z ~ ~ II ~~~~~~~~~~~ -fA ~ ~ ~ ~t1f'~ ~~-?- :4-c ~~~~~~~, ~I ~/P 2007 t/ I ..-1!l 0/ ..2/f"""1'V(/7 :O-t,/~ / " / o :::: <,-, r,-, ~=- ~---~ ."-;", -~ -,. . -rUI .._----. -- .- C:) / - .T-j ~~ ..-::;: 3> 1'0 r,) \..[) 7 Prepared by: Tim Hennes, Sr. Building Inspector, 410 E. Washington St., Iowa City, IA 52240; 319-356-5122 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 17, CHAPTER 1, BUILDING CODE, BY ADOPTING THE INTERNATIONAL BUILDING CODE, 2006 EDITION, AND THE INTERNATIONAL RESIDENTIAL CODE, INCLUDING APPENDIX F RADON CONTROL METHODS, 2006 EDITION, PUBLISHED BY THE INTERNATIONAL CODE COUNCIL AND PROVIDING FOR CERTAIN AMENDMENTS THEREOF; TO PROVIDE FOR THE PROTECTION OF THE HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF IOWA CITY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this ordinance is to adopt the 2006 Edition of the International Building Code and International Residential Code as published by the International Code Council and to provide for certain amendments thereof; and to provide for the protection of the health, welfare and safety of the citizens of Iowa City, Iowa, and to provide for its enforcement. SECTION II. 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: Code Adopted: Subject to the following amendments, the 2006 edition of the International Building Code (IBC) and 2006 Edition of the International Residential Code (IRC) including Appendix F Radon Control Methods are hereby adopted and 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 citizens of Iowa City. Any higher standards in the state statute or City ordinance shall be applicable. 17-1-3: Amendments to Code: The following sections of the 2006 edition of the International Building Code and 2006 edition of the International Residential Code are amended as follows: A. Section 101.1 of both the IBC and IRC. Delete Section 101.1 of both the IBC and IRC and insert in lieu thereof the following: 101.1 Title. These regulations shall be known as the Building Code of Iowa City, hereinafter referred to as "this code." B. Section 105.2 of both the IBC and IRC. Delete Section 105.2 of both the IBC and IRC and insert in lieu thereof the following: 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. 2. Fences not over 6 feet (1829 mm) high. 3. Oil derricks. 4. Retaining walls which are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III-A liquids. 5. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18 925 L) and the ratio of height to diameter or width does not exceed 2 to 1. 6. Sidewalks and driveways not more than 30 inches (762 mm) 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 24 inches deep, do not exceed 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 (1372 mm) from the exterior wall and do not require additional support. 13. Movable cases, counters and partitions not over 5 feet 9 inches (1753 mm) in height. 14. For structures regulated by the IRC the reapplication of shingles and roof sheathing provided less than 50% of the sheathing is replaced and other structural alterations are not required. 15. For structures regulated by the IRC reapplication of siding and windows provided: a. Window opening sizes are not altered and conforming rescue and escape windows are present in all sleeping rooms. Ordinance No. Page 2 b. Property is not located in a Historic Preservation Overlay Zone, or a Conservation District Overlay Zone, or is not an Iowa City Historic Landmark. Unless otherwise exempted, separate plumbing, electrical and mechanical permits shall be required for the above-exempted items. 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. C. Section 105.5 of both the IBC and IRC. Modify Section 105.5 of both the IBC and IRC by adding a sentence to the end as follows: In no case shall the permit be effective unless the work covered by the permit is completed within 24 months of the date on which the original permit was issued. D. Section 105.9 of both the IBC and IRC. Add two new Sections 105.9 and 105.9.1 to the IBC and R105.9 and R105.9.1 to the IRC as follows: 105.9 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. 105.9.1 Requirements. The applicant for any demolition permit shall state on the application the proposed disposal plans for all demolition materials. 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; provided, however, that accessory buildings as defined in the Iowa City Zoning Ordinance and having no historic significance and dangerous buildings shall be exempt from said notice and waiting requirement. E. Section 107.3 of both the IBC and IRC. Amend Section 107.3 of both the IBC and IRC as follows: 107.3 Temporary power: Replace the words" ICC Electric Code" with Iowa City Electric Code. F. Section 108.2 of both the IBC and IRC. Delete Section 108.2 in the IBC and IRC and insert in lieu thereof the following: 108.2 Permit Fees and Valuations. The fee for any permit shall be as set forth in the building permit fee schedule as established by resolution of the City Council. The determination of value or valuation under any of the provisions of this Code shall be made by the Building Official. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, site grading, paving, landscaping, elevators, and other permanent equipment. The value to be used in computing the value of construction for reports shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, site grading, paving, landscaping, elevators, fire extinguisher systems and other permanent equipment. G. Section 108.3 of both the IBC and IRC: Delete Section 108.3 in both the IBC and IRC and insert in lieu thereof the following: 108.3 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 108.2 and are in addition to permit fees. H. Section 108.4 of the IBC and IRC: Delete Section 108.4 in the IBC and IRC and insert in lieu thereof the following: 108.4 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. 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. I. Section 108. 5 of the IRC: Delete Section 108.5 in the IRC and insert in lieu thereof the following: R108.5 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. J. Section 108.6 of the IBC: Delete Section 108.6 in the IBC and insert in lieu thereof the following: 108.6 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. Ordinance No. Page 3 K. Section 109.3.5 of the IBC. Delete Section 109.3.5 in the IBC. L. Section 109.3.7 of the IBC. Delete Section 109.3.7 in the IBC. M. Section 112 of both the IBC and IRC. Delete Section 112 in both the IBC and the IRC and insert in lieu thereof the following: Section 112 Appeals: See TITLE 17 CHAPTER 12 Appeals in the City Code. N. Section 202 of both the IBC and IRC. Add new definitions as follows: Family: See Section 14-9A Zoning Definitions in the City Code. P. 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. a. Section 202 of the IRC. Delete definition of Accessory Structure and insert in lieu thereof the following: ACCESSORY STRUCTURE. See Title 17 Chapter 9 Definitions in the City Code. R. Table R301.2 (1) Modify by inserting data in the table as follows: Ground Wind Seismic Subject to Damage From Snow Speed Design Frost Line Load (mph) Category Weathering Depth Termite Decay 25 90 A Severe 42" Moderate Slight Heavy Moderate : Ice Flood Hazards Winter Shield Mean Design Underlay Firm Air Freeze Annual Temp. Required NFIP Maps Index Temp. _50 F Yes 5-22-77 2-16-07 2000 500 F S. Section R305.1 of the IRC. Modify by adding a 5th exception as follows: 5. Ceiling height may be reduced to six (6) feet eight (8) inches for main support beams and mechanical ducts provided the prescribed ceiling height is maintained in at least two-thirds e/3) of the room. T. Section R310.1 of the IRC. Modify by deleting the exception and adding a new exception as follows: Exception: For emergency escape and rescue openings required for the remodeling or finishing of space in an existing basement, the maximum sill height may be measured from an elevated landing not less than 36 inches wide, not less than 18 inches out from the interior finish of the exterior wall and not more than 24 inches in height. The landing shall be permanently affixed to the floor below and the wall under the window it serves. U. Section 310.1 of the IBC. Modify the second paragraph of R-4 to read as follows: Group R-4 occupancies shall meet the requirements for construction as defined for Group R-3 except as otherwise provided for in this code. V. Section R311.5.2. of the IRC. Add an exception as follows: EXCEPTION: Structures that existed prior to 8/28/02 (adoption of the 2000 IRC) shall be allowed 6'-6" headroom. W. Section R322 of the IRC. Delete Section R322 in the IRC and add a new section as follows: R322 ACCESSIBILITY R322.1 Scope. The provisions of this section are enacted to implement the City's policy that structures regulated by this Code constructed with public funds be constructed using universal design features that provide accessibility and usability for all. 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. R322.2 Minimum accessibility requirements for all dwelling units using public funds. 1. Wall Reinforcement. One first floor bath shall be provided with wood blocking installed within wall framing, to support grab bars as needed. The wood blocking, when measured to the center, shall be located Ordinance No. Page 4 between thirty-three inches (33") and thirty-six inches (36") above the finished floor. The wood blocking shall be located in all walls adjacent to a toilet, shower stall or bathtub. 2. Interior Doors. All first floor doorways shall provide a minimum clear opening of thirty-two inches (32") when the door is open ninety degrees (900), measured between the face of the door and the opposite stop. 3. Switch and Outlet Requirements. All wall switches controlling light fixtures and fans, shall be located at a height not to exceed fort-eight inches (48") above the finished floor. Height shall be determined by measuring from the finished floor to the center of the switch. All receptacles shall be located at a height not less than fifteen inches (15") above the finished floor. Height shall be determined by measuring from the finished floor to the center of the receptacle. When the receptacle placement is prohibited by the height of a window or design feature, an alternate location can be approved by the Building Official or a duly authorized designee. 4. No-Step Entrance. Must provide at least one building entrance that complies with the Iowa City Building Code standard for an accessible entrance on an accessible route served by a ramp or a no-step entrance. A building entrance door must have a minimum net clear opening of thirty-two inches (32"). The Building Official may waive this requirement based on the determination that strict compliance is financially or environmentally impractical. X. Section R324 of the IRC. Delete section R324 of the IRC and insert in lieu thereof the following: Section R324. See Section 14-5J Flood Plain Management Standards in the City Code. Y. 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 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 sixteen inches (16") 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. One-story wood or metal frame building not used for human occupancy and not over 200 square feet in floor area may be constructed with walls supported on a wood foundation plate or "skids" when approved by the building official. 3. Decks not supported by a dwelling need not be provided with footings that extend below the frost line. Z. Section R404.1.2 of the IRC. Modify Section R404.1.2 by adding a second paragraph as follows: Wall thickness may be reduced to eight inches (8") if a minimum of three (3) one-half inch diameter deformed ASTM A615 grade 40 steel bars are placed horizontally at the center of the wall thickness with one bar located within 14" of the top, one bar within 14" of the bottom and one bar located within 14" of the mid-height of the wall provided the wall height does not exceed eight feet (8'). AA. Section R404.1.3 of the IRC. Modify 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 10wa.Architectural Act shall be designed by a licensed structural engineer or constructed in accordance with the table and diagrams as follows: Ordinance No. Page 5 S = Span Wall . - --- -- , LOWER LEVEL WALK T = Thickness T---...... ~I I I i I f I I ! , , I , i S ~ I S I I M I I I b I I 'Z~" ~ I : }~ ~ I I I~ 1M I c..~ C!..8 J ~. P.o. f. .1 J I I I : I l~ ___--, I ~r _ _ _ _ -oJ i L___ - r; --- -'- TI I I I T "8" & 12" Foundation Walls /' I Provide corner bars to match Provide corner bars to match I II I horizontal foundation wall horizontal foundation wall I I I I reinforcing into span wall 2' -0" reinforcing into span wall 2'-0" I I l ~I (5) Span (T) Wall Thickness Horiz. Reinf.2 Corner Bar (CB)'.2 I I I 10' or less 8" #4 @ 12" 2'-0" I 10' to 12' 8" #5 @ 12" 2'-6" 12' to 14' 8" #6 @ 12" 3'-0" 14't016' 12" #5 @ 12" 2'-6" 16' to 18' 12" #6@ 14" 3'-0' ; : 18't020' 12" #6 @ 12" 3'-0" ! Notes: 1. Corner Bars are in addition to required horizontal reinforcing. 2. All reinforcing splices shall be lapped a minimum of 24 diameters of the reinforcing used. , ; 3. If tributary span is greater than 16'-0", the minimum dimension shall be 6' -0" I (tributary span = one-half (}',) of two adjoining spans). I I Frost Wall & Footina ~ I I "~ ~ FOUNDATION PLAN: OUT KEY: C.B. = Corner Bars Ordinance No. Page 6 .... 0.,. . &. 2" Minimum Inside Face of Wall to edge of reinforcing See Schedule for Horizontal Reinforcing #4 Reinforcing Vertical 30" O.C. Typical #4 Reinforcing Dow ~ ;.~..:.~.-.:...:-.~(.~~-r!~' :-~-;"':~.:'/.: :~:." t-- ., ........:.. " '. '-.' '. ':..:.. -' '. .~. , "... _, . r ,.'.' ". .-. ..... . '~'. .: t'. Ordinance No. Page 7 BB. Section 501.2 of the IBC. Modify by adding to the end of the section as follows: From 100-199 feet from the street the number shall be a minimum of 6 inches high with a minimum stroke of 0.5 inches. From 200-299 feet from the street the numbers shall be a minimum 8 inches high with a minimum stroke of 0.5 inches. For each additional 100 feet from the street, the number shall increase by an additional 2 inches in height. 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. CC. Section R613.2 of the IRC. Delete Section R613.2 of the IRC. DD. Section R703.2 of the IRC. Modify as follows: Delete the exception in its entirety. EE. Section 708.1 of the IBC. Modify by adding an additional numbered sentence as follows: 7. Walls separating dwelling units from other occupancies in the same building. FF. Section 711.3 of the IBC. Modify by deleting the first paragraph and insert in lieu thereof the following: The fire-resistance rating of floor and roof assemblies shall not be less than that required by the building type of construction. Where the floor assembly separates mixed occupancies, the assembly shall have a fire-resistance rating of not less than that required by Section 508.3.3 based on the occupancies being separated. Where the floor assembly separates a single occupancy into different fire areas, the assembly shall have a fire-resistance rating of not less than that required by Section 706.3.9. Floor assemblies separating dwelling units in the same building or sleeping units in occupancies in Group R-1, hotel occupancies, R-2 and 1-1 shall be a minimum of 1-hour fire-resistance-rated construction. Floor assemblies separating other occupancies from dwelling units in the same building or sleeping units in occupancies in Group R-1, hotel occupancies, R-2 and 1-1 shall be a minimum of 1-hour fire-resistance- rated construction. GG. Section R807.1 of the IRC. Delete section R807.1 and insert in lieu thereof the following: 807.1 Attic access. In buildings with combustible ceilin~ or roof construction, an attic access opening shall be provided to attic areas that exceed 30 square feet (2.8m ) and have a vertical height of 30 inches (762 mm) or greater. 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. The clear opening shall not be less than twenty inches (20") by thirty inches (30"). Thirty inches (30") minimum clear headroom in the attic space shall be provided at or above the access opening. HH. Section 903.2.1.2 of the IBC. Delete section 903.2.1.2 and insert in lieu thereof the following: 903.2.1.2 A. New Group A-2 Occupancies. An automatic sprinkler system shall be provided if one of the following conditions exist: 1) The fire area exceeds 5,000 square feet; or 2) The fire area has an occupant load of 100 or more; or 3) The fire area is located on a floor other than the level of exit discharge. B. Existinq Group A-2 Occupancies and Group B Occupancies that existed prior to August 1, 2007. An automatic sprinkler system shall be provided throughout the A-2 occupancy if one of the following conditions exists: 1) The A-2 occupancy has an occupant load of 299 or more and has an ABDL shall comply by July 1, 2010. Exemption: Single business occupancies in single story nonabutting buildings; or 2) The A-2 occupancy has an occupant load of 50-298 and is located on a floor other than the level of exit discharge and has an ABDL shall comply by July 1, 2013; or 3) Group B Occupancies located on a floor other than the level of exit discharge and which have an ABDL shall comply by July 1, 2013; or 4) Group A-2 Occupancies with an occupancy load of 100 or more that have an ABDL and are not regulated in B1 or B2 above, provided: There is a change in business ownership, defined as the sale, transfer, or assignment of any legal or equitable ownership interest, except that the owner may show to the building official's satisfaction that said change in ownership is one of form and not substance. Exemption: Single business occupancies in single story nonabutting buildings. II. Section 903.2.1.3 of the IBC. Delete exception without substitution. JJ. Section 903.2.1. 4 of the IBC. Delete exception without substitution. KK. Section 903.2.1.6 of the IBC. Add a new Section 903.2.1.6 as follows: Section 903.2.1.6. An automatic sprinkler system shall be provided throughout buildings and portions thereof used as new Group B occupancies with an ABDL or existing group B occupancy with a new (not a renewal) ABDL located on a floor other than the level of exit discharge. The automatic sprinkler system shall be provided throughout the floor area where the new Group B occupancy with an ABDL or where the group B occupancy with a new ABDL is located, and in all floors between the Group B occupancy and the level of exit discharge. Ordinance No. Page 8 LL. Section 903.4.2 of the IBC. Delete the section 903.4.2 of the IBC 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. MM. Section 903.6 of the IBC. 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 water flow device for each normally occupied floor. NN. Section 907.2 of the IBC. Delete the section and replace with: 907.2 Where required. 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 907.9, unless other requirements are provided by another section of this code. Where automatic sprinkler protection installed in accordance with Section 903.3.1.1 or 903.3.1.2 is provided and connected to the building fire alarm system, automatic heat detection required by this section shall not be required. The automatic fire detectors shall be smoke detectors. Where ambient conditions prohibit installation of automatic smoke detection, other automatic fire detection shall be allowed. 00. Section 907.2.1 of the IBe. Delete the "exception" in Section 907.2.1 in its entirety and insert in lieu thereof the following exceptions: EXCEPTION: 1) Except for Group A-2 occupancies with occupant loads of 200 or more, manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system and the alarm notification appliances will activate upon sprinkler water flow. 2) Group A-2. An automatic/manual fire alarm system shall be installed in Group A-2 occupancies with and occupant load of 200 or more. Activation of the fire alarm shall additionally cause: a. Illumination of the protected premises to not less than 10 foot-candles over the area of the room at a height of 30 inches above the floor; and b. All conflicting or confusing sounds and visual distraction to automatically stop. PP. Section 907.2.3 of the IBC. Modify by adding a sentence to the end of the first paragraph as follows: New and existing educational occupancies shall have a monitored fire alarm system. QQ. Section 907.2.3 of the IBC. Modify by adding a 4th exception as follows: 4. Day care occupancies classified as Group E Occupancy shall not require a monitored fire alarm system unless required elsewhere in the code. RR. Section 907.2.10.1.2 of the IBC. Modify 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 Group R-2, R-4 and 1-1 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 fire code. SS. Section 907.2.12.3 of the IBC. Delete Section 907.2.12.3 and replace with: 907.2.12.3 Fire department communication system. Where required. No person shall erect, construct, maintain or modify any building or structure or any part thereof, or cause the same to be done which fails to support adequate radio coverage for City of Iowa City public safety services, including but not limited to police, fire, and public works departments. TT. Section 907.2.12.3.1 of the IBC. Add a Section 907.2.12.3.1 to read as follows: 907.2.12.3.1 AMPLIFICATION SYSTEMS ALLOWED Buildings and structures shall be equipped with any of the following, in order to achieve adequate radio coverage: 1) A radiating cable system or 2) An internal multiple antenna system with FCC Type Accepted Bi-Directional UHF Amplifiers as needed to encompass the frequency range stated below or frequency range subsequently established by the City of Iowa City. 3) A system that has been approved by the City of Iowa City as being capable of providing amplification to meet this ordinance requirements. UU. Section 907.2.12.3.2 of the IBC. Add a Section 907.2.12.3.2 to read as follows: 907.2.12.3.2 System Requirements: 1) The frequency that must be supported shall be 810.7125 to 815.2625 MHz and 855.7125 to 860.2625 MHz and adaptable to other appropriate emergency frequencies (700 MHz or greater). The system Ordinance No. Page 9 must be capable of encompassing the frequencies stated herein and capable of future modifications to a frequency range subsequently established by the City of Iowa City. 2) All system components must be 100 percent compatible with analog and digital modulations after installation without additional adjustments or modifications. 3) Mandatory use of FCC certificated equipment is required. 4) If any part of the installed system or systems contains an electrically powered component, the system shall be capable of operating on an independent battery and/or generator system for a period of at least twelve (12) hours without external power input. The battery system shall automatically charge in the presence of an external power input. 5) Signal levels, percentage of coverage and reliability percentage. a. A minimum signal strength of one (1) microvolt [-107 dBm] available in 95% of the area of each floor of the building when transmitted from the City of Iowa City Communications Center; and b. A minimum signal strength of one (1) microvolt [-107 dBm] received at the City of Iowa City Communications Center when .transmitted from 95% of the area of each floor of the building, via portable radio with public safety microphone; and c. A 95% reliability factor. 6) The installation of equipment as stated above can not be detrimental to the operation of the Public Safety Radio System. 7) Testing procedures. a. Initial tests will be performed by an agent of the City of Iowa City. Certificate of occupancy shall not be issued to any structure if the building fails to comply with this section. b. Annual tests will be conducted by the Iowa City Fire Department in conjunction with inspection procedures. W. Section 907.3 of the IBC. Modify 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. WW. Section 907.8 of the IBC. Modify 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 floor. XX. Section 907.8.3 of the IBC. Add a section to read as follows: Section 907.8.3 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. YY. Section 907.14 of the IBC. Modify Section 907.14 by adding two sentences to the end as follows: Each address point identification, shall have an alpha/numeric descriptor location. Alpha/numeric descriptor locations are required to be reported to the Iowa City Emergency Communications Center upon activation of supervisory and/or alarm conditions as specified by the fire code official. ZZ. Section 910.3.2.2 of the IBC. Delete section and replace with: Where installed in buildings provided with an approved automatic sprinkler system, smoke and heat vents shall be designed to operate automatically by actuation of a heat-responsive device rated at least 100 degrees F (38 degrees C) above the operating temperature of the sprinkler. Exception: Gravity-operated drop-out vents complying with Section 910.3.2.1. AAA. Section 912.6 of the IBC. Add a new section to read as follows: 912.6 Size. Minimum fire department connection size shall be 2 Y:z inch National Standard Thread. BBB. Section 1009.2 of the IBC. Modify by adding the number 1 to the exception and adding a second exception as follows: EXCEPTION: 1. Spiral stairways complying with Section 1009.9 are permitted a 78-inch (1981 mm) headroom clearance. 2. 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 headroom clearance. CCC. Section 1009.10. Exception 4 and 5 of the IBC. Modify by deleting exceptions 4 and 5 and insert in lieu thereof the following: 4. In Group R-3 occupancies, a change in elevation consisting of three or fewer risers at an entrance or egress door does not require handrails. 5. Changes in room elevations of three or fewer risers within dwelling units and sleeping units in Group R-2 and R-3 occupancies do not require handrails. ODD. Section 1020.1.1 of the IBC. Modify Section 1020.1.1 by adding a sentence to the third unnumbered paragraph as follows: Fire door assemblies in exit enclosures of R-2 occupancies shall also be automatic closing by actuation of a smoke detector. Ordinance No. Page 10 EEE. Section 1025.2 of the IBC. Modify by amending the exception by numbering it "1," and by adding a second exception as follows: EXCEPTION: 1) In assembly occupancies where there is no well-defined main exit or where multiple main exits are provided, exits shall be permitted to be distributed around the perimeter of the building provided that the total width of egress is not less than 100 percent of the required width. 2) 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. FFF. Section 1026.1 of the IBC. Modify by deleting the exceptions and insert 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. High-rise buildings in accordance with Section 403. 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. 4. Basements without habitable spaces and having no more than 200 square feet in floor area shall not be required to have emergency and escape windows. GGG. Section 1026.1.1 of the IBC. Add a new Section 1026..1.1 in the IBC as follows: 1026.1.1 Location. The emergency escape and rescue opening in a non-habitable basement shall be located a reasonable distance from the internal access point. This distance shall not be less than one-half (1/2) of the distance from the bottom of the interior stairs to the most remote exterior wall. HHH. Section 1026.3 of the IBC. Modify by adding an exception as follows: EXCEPTION: For emergency escape and rescue openings required for the remodeling or finishing of space in an existing basement, the maximum sill height may be measured from an elevated landing not less than 36 inches wide, not less than 18 inches out from the interior finish of the exterior wall and not more than 24 inches in height. The landing shall be permanently affixed to the floor below and the wall under the window it serves. III. Section 1026.4 of the IBC. Delete Section 1026.4 and insert in lieu thereof the following: 1026.4 Operational constraints. Emergency escape and rescue openings shall be operational from the inside of the room without the use of keys, tools, special knowledge or effort. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with Section 1026.2 and such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening. Where such bars, grilles, grates or similar devices are installed in existing buildings, smoke alarms shall be installed in accordance with Section 907.2.10 regardless of the valuation of the alteration. JJJ. Section 1026.6 of the IBC. Add a new Section 1026.6 to the IBC to read as follows: Section 1026.6. Emergency escape windows under decks and porches. Emergency escape windows are allowed to be installed under decks and porches provided the location of the deck allows the emergency escape window to be fully opened and provides a path not less than 36 inches in height to a yard or court. KKK. 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. LLL. Section 1207 of the IBC. Modify by deleting Section 1207 in its entirety. MMM. Section 1209.2 of the IBC. Modify by deleting Section 1209.2 in its entirety and insert in lieu thereof the following: 1209.2 Attic spaces. In buildings with combustible ceiling or roof construction, an attic access opening shall be provided to attic areas that exceed '30 square feet (2.8m2) and have a vertical height of 30 inches (762 mm) or greater. 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. NNN. Section 1403.5 and 1403.6 of the IBC. Delete Section 1403.5 and 1403.6 of the IBC and insert in lieu thereof the following: Section 1403.5. See TITLE 14, CHAPTER 5, ARTICLE J Flood Plain Management Standards in the City Code. 000. Section 1405.12.2 of the IBC. Delete Section 1405.12.2 of the IBC. PPP. Section G2406.2 (303.3) Prohibited locations of the IRC. Modify by deleting exceptions 3 and 4. QQQ. Section G2415. (404.2) Prohibited locations of the IRC. Modify by deleting the last sentence. RRR. Part VII Plumbinq, Chapters 25 throuqh 32 inclusive of the IRC. Delete Part VII Plumbing Chapters 25 through 32 inclusive of the IRC and insert the following: Part VII Plumbing, Chapter 25 Ordinance No. Page 11 Section P2501 GENERAL P2501.1 Scope. Plumbing systems shall comply with Title 17, Chapter 2, of the Iowa City Code. SSS. Chapter 27 of the IBC. Delete Chapter 27 of the IBC and insert the following: Chapter 27 Electrical Section 2701.1 Scope. Electrical systems shall comply with Title 17, Chapter 3, of the Iowa City Code. TTT. Chapter 29 of the IBC. Delete Chapter 29 of the IBC and insert the following: Chapter 29 Plumbing Systems Section 2901.1 Scope. Plumbing systems shall comply with Title 17, Chapter 2, of the Iowa City Code. uuu. Section 3002.4 of the IBC. Delete Section 3002.4 of the IBC and insert in lieu thereof the following: 3002.4 Elevator car to accommodate ambulance stretcher. In buildings four or more stories above grade plane 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 a 24-inch by 84-inch (610 mm by 1930 mm) ambulance stretcher 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. WV. Part VIII Electrical. Chapters 33 throuQh 42 inclusive of the IRC. Delete Part VIII Electrical Chapters 33 through 42 inclusive of the IRC and insert the following: Part VIII Electrical, Chapter 33 Section E3301 GENERAL E3301.1 Applicability. Electrical systems shall comply with Title 17, Chapter 3, of the Iowa City Code. WWW. Section 3410.2 of the IBC. Delete the first sentence of Section 3410.2 and insert in lieu thereof the following: 3410.2 Applicability. Structures existing prior to effective date of this ordinance and in which there is work involving additions, alterations or changes of occupancy shall be made to conform to the requirements of this section or the provisions of Sections 3403 through 3407. 17-1-4: PENALTIES FOR VIOLATION: Violation of this chapter shall be a municipal infraction punishable by a penalty as provided for in subsection 1-4-2D of this code. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after final passage, approval, and publication as provided by law. Passed and approved this _ day of ,20_ MAYOR ATTEST: ~RK Al1 o/,e bY.. _ 9-,;;;;{)- ~7 City Attorney's Office hisbdgJord/2006bldgcodes/2006 IBC IRC(2).doc Ordinance No. Page _ It was moved by and seconded by as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn First Consideration 9/18/2007 Vote for passage: AYES: Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published Prepared by: Tim Hennes, Sr. Building Inspector, 410 E. Washington St., Iowa City, IA 52240; 319-356-5122 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 17, CHAPTER 1, BUILDING CODE, BY ADOPTING THE INTERNATIONAL BUILDING CODE, 2006 EDITION, AND THE INTERNATIONAL RESIDENTIAL CODE, INCLUDING APPENDIX F RADON CONTROL METHODS, 2006 EDITION, PUBLISHED BY THE INTERNATIONAL CODE COUNCIL AND PROVIDING FOR CERTAIN AMENDMENTS THEREOF; TO PROVIDE FOR THE PROTECTION OF THE HEAL TH,\YVELFARE AND SAFETY OF THE CITIZENS OF IOWA CITY, IOWA. - ) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA cl'r'rj, IOWA: SECTION I. PURPOSE. The purpose of this, ordinance is to adopt the 20;;6 Edrtion of the International Building Code and International Residential Code as published by the International q'ode/Council and to provide for certain amendments thereof; and to provide for tne protection of the health, welfare and safety of the citizens of Iowa City, Iowa, and to provide for its enforcement. . .' SECTION II. Sections 17-1, 17-2, 17-3 and 17-4 of the Iowa City Cod~,~re hereby repealed and the following new Sections 17-1, 17-2, 17-3 and 17-4 are enacted in lieu thereof. / 17-1-1: Code Adopted: Subject to the following amendments, the 2006 edition of the International Building Code (IBC) and 2006 Edition ofthe International Residential Code (lRC) including Appendix F Radon Control Methods are hereby adopted andshal~ be known as the Iowa city Building Code or the Building Code. Interpretations of the Building Official may"be guided by publications pf the International Code Council, Inc., or the International Existing Building Code. './ 17-1-2: Interpretation of Building Code provisions: Ther;i-ovisions of this Code shall be held to be the minimum requirements adopted for the protection of the health, safety and welfare of the citizens of Iowa City. Any higher standards in the state statute or City ol-dinance shall be applicable. 17-1-3: Amendments to Code: The folrowing sectionsoythe 2006 edition of the International Building Code and 2006 edition of the International Residential Code are amended as follows: A. Section 101.1 of both the IBG and IRC. Delete Section 101.1 of both the IBC and IRC and insert in lieu thereof the following: 101.1 Title. These regulations shall be known as the Building Code of Iowa City, hereinafter referred to' as "this code." B. Section 105.2 of both the IBC and IRC. Delete Section 105.2 of both the IBC and IRC and insert in lieu thereof the following: 105.2 Work Exemptfrom Permit. A per.mit 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 exce~ 144 square feet. 2. Fences not over 6 feet (1829 mm) High. 3. Oil derricks. \ 4. Retaining walls which are not over 4'l(eet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surct\arge or impounding Class I, II or III-A liquids. 5. .water tanks supported directly on gra~. if the capacity does not exceed 5,000 gallons (18 925 L) and the ratio of height to diameter or width does not ceed 2 to 1. 6. Sidewalks and driveways not more th 30 inches (762 mm) above grade and not over any basement or story below and which are not part of an ac~ssible route. 7. Painting, papering, tiling, carpeting, cabin~ts, counter tops and similar finish work. 8. Temporary motion picture, television and t\1eater stage sets and scenery. 9. Prefabricated swimming pools which are I~SS than 24 inches deep, do not exceed 5,000 gallons and are installed entirely ab.ove ground. 10. Shade cloth structures constructed for nurs ry 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 (1372 mm) from the exterior wall and do not require additional support. 13. Movable cases, counters and partitions not over 5 feet 9 inches (1753 mm) in height. 14. For ,structures regulated by the IRC the reapplication of shingles and roof sheathing provided less than 50% of the Shr' thing is replaced and other structural alterations are not required. 15. Fo . structures regulated by the IRC reapplication of siding and windows provided: / a. 'Window opening sizes are not altered and conforming rescue and escape windows are present in all sleeping rooms. Ordinance No. Page 2 b. Property is not located in a Historic Preservation Overlay Zone, or a Conservation District Overlay Zone, or is not an Iowa City Historic Landmark. Unless otherwise exempted, separate plumbing, electrical and mechanical permits shall be required for the above-exempted items. 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. C. Section 105.5 of both the IBC and IRC. Modify Section 105.5 of both the IBC and IRC by adding a sentence to the end as follows: . In no case shall the permit pe/effective unless the work covered by the permit is completed within 24 months of the date on which the origi,nal permit was issued. D. Section 105.9 of both the lac and IRC. Add two new Sections 105.9 and 105.9.1 to the IBC and R105.9 and R105.9.1 to the IRC as follows: 105.9 Demolition permits\required. A demolition permit/shall be required as follows: 1. For the removal of a~y building or structure. i 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 Pre~ervation Overlay Zone or a Conservation District Overlay Zone, or is an Iowa City Historic Landmark. i 105.9.1 Requirements. The, applicant for any demolition permit shall state on the application the proposed disposal plans for all demolition materials. No demolition permit shall be issued until seven (7) working days after the date an application has been properly filed iand 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; provided, however, that accessory buildings as defined in the Iowa City Zoning Ordinance and having no historic significance and dangerous buildings shall be exempt from said notice and waiting requirement. E. Section 107.3 of both the IBC and IRC. Amend Section 107.3 of both the IBC and IRC as follows: 107.3 Temporary power: Replace the words" ICC Electric Code" with Iowa City Electric Code. F. Section 108.2 of both the IBC and IRC. Delete Section 108.2 in the IBC and IRC and insert in lieu thereof the following: 108.2 Permit Fees and Valuations,. The fee for any permit shall be as set forth in the building permit fee schedule as established by resolution of the CiN Council. The determination of value or valuation under any of the provisions of this Code shall be made by the BUilding Official. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, site grading,\paving, landscaping, elevators, and other permanent equipment. The value to be used in computing the value of ~onstruction for reports shall be the total value of all construction work for which the permit is issued, as well as ~I finish work, painting, roofing, electrical, plumbing, heating, air conditioning, site grading, paving, landscaping,' elevators, fire extinguisher systems and other permanent equipment. G. Section 108.3 of both the IBC and IRC. Delete Section 108.3 in both the IBC and IRC and insert in lieu thereof the following: 108.3 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 fi~een thousand dollars ($15,000), a plan review fee shall be paid before the permit may be issued. Should the proj~ct be abandoned and the permit not issued after the plan review has been started, the plan review fee shall still \>e due and payable. The plan review fee shall be as set forth by resolution of City Council. Plan review fees ar~ separate fees from the permit fee specified in Section 108.2 and are in addition to permit fees. \ H. Section 108.4 of the IBC and IRC: Delete Section 108.4 in the IBC and IRC and insert in lieu thereof the following: 108.4 Work commencing before permit issuance: Any person who commences work on a building, structure, electrical, gas, mechanical or plumbing system befbre 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. 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. I. Section 108. 5 of the IRe: Delete Section 108.5 in the IRC and insert in lieu thereof the following: R108.5 Refunds:. The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. The Building Official shall not aLi~horize 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. · J. Section 108.6 of the IBC: Delete Section 108.6 in the IBC and insert in lieu thereof the following: 108.6 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. Ordinance No. Page 3 K. Section 109.3.5 of the IBC. Delete Section 109.3.5 in the IBC. L. Section 109.3.7 of the IBC. Delete Section 109.3.7 in the IBC. M. Sectfon 112 of both the IBC and IRC. Delete Section 112 in both the IBC and the IRC and insert in lieu thereof the following: Section 112 Appeals: See TITLE 17 CHAPTER 12 Appeals in the City Code. N. Section 202 of both the lec and IRC. Add new definitions as follows: Family: See Section 14-9A Zoning Definitions in the City Code. P. Section 202 of the (BC 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 stQ.I<lge or mechanical rooms shall be considered habitable space. Q. Section 202 o. f the IRC. De~e definition of Accessory Stru.. ctpre and insert in lieu thereof the following: . ACCESSORY STRUCTURE. ee Title 17 Chapter 9 Definitions in the City Code. R. Table R301.2 (1) Modify by ins rting data in the table as follows: \ Ground Wind Seismic \ Subject to Damage From Snow Speed Design . , Frost Line \ Load (mph) Category We,thering Depth Termite Decay 25 90 A Severe 42" Moderate Slight . Heavy Moderate Ice Flood Hazards Winter Shield Mean Design Underlay Firm Air Freeze Annual Temp. Required NFIP Maps 'l,ndex Temp. _50 F Yes 5-22-77 2-16-07 2pOO 500 F S. Section R305.1 of the IRC. Modify by addlvg a 5th exception as follows: 5. Ceiling height may be reduced to \~iX (6) feet eight (8) inches for main support beams and mechanical ducts provided the prescribed ceiling heighlis maintained in at least two-thirds (%) of the room. T. Section R310.1 of thelRC. Modify by deletin~' the exception and adding a new exception as follows: Exception: For emergency escape and res ue openings required for the remodeling or finishing of space in an existing basement, the maximum sill heig t may be measured from an elevated landing not less than 36 inches wide, not less than 18 inches out from th~~terio.r finish of the exterior wall and not more than 24 inches in height. The landing shall be permanently affixe" to the floor below and the wall under the window it serves. - U. Section 310.1 of the IBC. Modify the second para aph of R-4 to read as follows: Group R-4 occupancies shall meet the requireme s for construction as defined for Group R-3 except as otherwise provided for in this code. V. Section R311.5.2. of the IRC. Add an exception as fa ows: EXCEPTION: Structures that existed prior to 8/28/02 doption of the 2000 IRC) shall be allowed 6'-6" headroom. W. Section R322 of the IRC. Delete Section R322 in the IRC nd add a new section as follows: R322 ACCESSIBILITY R322.1 ScoPe: The provisions of this section are enacted 0 implement the City's policy that structures regulated by this Code constructed with public funds be constructed sing universal design features that provide accessibility and usability for all. Public funds shall mean funding or assistance from the City of Iowa Ci or any agent thereof through any of the following means: \ 1 . a building contract or similar contractual agreement involvihg 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. R322.2 Minimum accessibility requirements for all dwelling units using public funds. 1 . Wall Reinforcement. One first floor bath shall be provided with wood blocking installed within wall framing, to support grab bars as needed. The wood blocking, when measured to the center, shall be located Ordinance No. Page 4 between thirty-three inches (33") and thirty-six inches (36") above the finished floor. The wood blocking shall be located in all walls adjacent to a toilet, shower stall or bathtub. 2. Interior Doors. All first floor doorways shall provide a minimum clear opening of thirty-two inches (32") when the door is open ninety degrees (900), measured between the face of the door and the opposite stop. 3. Switch and Outlet Requirements. All wall switches cOl"\trolling light fixtures and fans, shall be located at a height not to exceed fort-eight inches (48") above the finish~d floor. Height shall be determined by measuring from the finished floor to the ceC).ter of the switch. All recepta~es shall be located at a height not less than fifteen inches (15") above the finishe<,}f1oor. Height shall be determin9d by measuring from the finished floor to the center of the receptacle. When the/eceptacle placement is prohiqtted by the height of a window or design feature, an alternate location can be ap~oved by the Building Official or ~ duly authorized designee. 4. No-Step Entrance. ust provide at least one buildi~g entrance that complies with the Iowa City Building Code standard for an accessibe entrance on an accessible foute served by a ramp or a no-step entrance. A building entrance door must have a iminimum net clear opening/of thirty-two inches (32"). The Building Official may waive this requirement based on!, the determination that syict compliance is financially or environmentally impractical. I X. Section R324 of the IRC. Delete section R324 of the I,RC and insert in lieu thereof the following: Section R324. See Section 14-5J Flood Plain Mana,dement Standards in the City Code. Y. R325 USABILITY REQUIREMENTS / R325.1 APPLICABILITY ", I Construction and design provisiQns of Sectio~25 shall apply to: New dwelling units only and no~ required fo existing structures when repairs, alterations, change of occupancy or additions are implemented or wren additio al dwelling units are added. R325.2 Minimum usability requi~~ments/ 1 . Interior Doors. All doorwavs located on the level accessed by the no-step entrance and intended for use for passage through the dwelli~ unit shall have a clear opening of at least thirty-two inches (32") nominal width when the door is open nin~tldegrees (900), measured between the face of the door and the opposite stop. :, ' Exception: Closet doors are not reqy1r~d to meet the thirty-two inch (32") clear open requirement. Note: A 34" door, hung in the stancfurd'tnanner, provides an acceptable 32" opening. 2. Switch and, Outlet RequirjJri1ent~. All wall switches controlling light fixtures, fans, all temperature control devices and all receptacles shall be,Jocated I an area between fifteen (15) and forty-eight (48) inches above the finished floor. Height shall be determil'}ed by mea uring from the finished floor to the center of the device. When the control or receptacle placement is prohibited by t e height of a window or design feature, an alternate location may be approved by the Building Official. ' 3. Sanitation Facilities. There shall be least one room, containing at least one water closet (toilet) and one lavatory (sink) located on the level accessed b the no-step entrance. The room shall be constructed in a manner that will provide a minimum thirty inches (30") by rty-eight inches (48") clear floor space at the water closet and lavatory. The clear floor space shall not be obstruct by a door swing; however, clear floor space at fixtures may overlap. If sufficient maneuvering spaces is provided ithin the room for a person using a wheelchair or other mobility aid to enter and to close the door, use of the fixtur ,reopen the door and exit. Doors may swing into the clear floor space provided at any fixture if the maneuvering pace is provided. Maneuvering spaces may include any kneespace or toes pace available below bathroom fixtures. Exception: 1 . If the no-step entrance accesses a level tha is not intended to be finished during the initial construction phase, such as a lower level of a split level ho e, than the sanitation facilities need only to be designated on the plans and roughed in for future finish. 2. The Building Official may waive this requirement b sed on the determination that strict compliance is financially impractical. 3. No-Step Entrance. There shall be at least one uilding entrance. that complies with the Iowa City Building Code for an accessible entrance on an accessible route rom the public sidewalk or from one of the required off street parking spaces. Exception: , 1. If a proposed design is submitted showing a no-step entrance can be provided without encroaching in a required parking space a no-step entrance is not required. 2. The Building Official may waive this requirement based on the determination that strict compliance is financially or environmentally impractical. Z. 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 using slab on Ordinance No. Page 5 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 sixteen inches (16") 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 ,yenter each way or fiber rTlfsh reinforced concrete. 2. One-story wood or mi:eal fr me building not used for hunjlan occupancy and not over 200 square feet in floor area may be constructed wi walls supported on a WOOdtfO ndation plate or "skids" when approved by the building official. 3. Decks not supported a dwelling need not be provide with footings that extend below the frost line. I AA. Section R404.1.2 of the IRC. ,Modify Section R404.1.2 by ad, ng a second paragraph as follows: Wall thickness may be reduped to eight inches (8") if a minimum of three (3) one-half inch diameter deformed ASTM A615 grade 40 steellJprs are placed horizontally at the center of the wall thickness with one bar located within 14" of the top, one bar w~hin 14" of the bottom and one bar located within 14" of the mid-height of the wall provided the wall height does nOt exceed eight feet (8'). SS. Section R404.1.3 of the IRC. M,odify by adding an exception after number 2 as follows: EXCEPTION: Foundation wall$,. with unbalanced lateral forces created by finish grade, Le.walkout basements which are exempt from the low~ Architectural Act shall be designed by a licensed structural engineer or constructed in accordance with the table and\diagrams as follows: . \ : I \~ I 'l~" ': IT \v: ! r e.. p...1. J :! c..~ \: ~ Ii - -- - - - - ... ! i .1: --- "8" & 12" Foundatio~ Walls /' Provide corner bars to match \ horizontal foundation wall reinforcing into span wall 2'-0" 1. Corner Bars are in addition to required horizontal 2. All reinforcing splices shall be lapped a minimum 24 diameters of the reinforcing used. 3. If tributary span is greater than 16'-0", the minimu dimension shall be 6'-0" (tributary span = one-half (y, I of two adjoining spa s). \ KEY: C.B. = Corner Bars S = Span Wall T = Thickness t.~ s T ,..----- o (S) Span (T) Wall Thickness 1 0' or less 8" 10' to 12' 8" 12' to 14' 8" 14' to 16' 12" 16' to 18' 12" 18' to 20' 12" Notes: ~ FOUNDATION PLAN: LOWER LEVEL WALKOUT \ \ \ S\ 5 c..~ ~ I t." I. ---::1 I I I I Provide corner bars to match' I I horizontal foundation wall I I I reinforcing into span wall 2'-0"' I I ~I , , I Corner Bar ICB);'. 2'-0" 2'.6" 3'.0" 2'-6" 3'-0' 3'-0" , I , -...1 Ordinance No. Page 6 \ \ ..~'.. , .. . . .._::-:.~ I.. , ~..... -r ",,-,' .. .. ~ :.. r "'C. : .. ". ~;. ..,. . ,~ , ' _ ..~.~ .;..t *__ 2" Minimum Inside Face of Wall to edge of reinforcing See Schedule for Horizontal Reinforcing #4 Reinforcing Vertical 30" D.C. Typical #4 Reinforcing Dow ~ ;'~".:'_: ','~':''': '.~:'. ~~-~! :' :-~. ;".': -4-.-::-':: : ~:.'~ '. . ~ ., .".. ....... : .:. . .'. .,.. : 'Y' . '~'..: t.". : ,'. Ordinance No. Page 7 CC. Section 501.2 of the IBC. Modify by adding to the end of the section as follows: From 100-199 feet from the street the number shall be a minimum of 6 inches high with a minimum stroke of 0.5 inches. From 200-299 feet from the street the numbers shall be a minimum 8 inches high with a minimum stroke of 0.5 inches. For each additional 100 feet from the street, the number shall increase by an additional 2 inches in height. 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. DO. Section R613.2 of the IRC. Delete Section R613.2 of the IRC. EE. Section R703.2 of the IRC. Modi .f01T6'vVs: Delete the exception in its ent' ty. FF. Section 708.1 of the IBC. M ify by adding an additional numbered se~tence as follows: 7. Walls separating dwel ing units from other occupancies in the i me building. GG. Section 711.3 of the IBC. M dify by deleting the first paragraph and' sert in lieu thereof the following: The fire-resistance rating 0 floor and roof assemblies shall n be less than that required by the building type of construction. Where th~ floor assembly separates mixed cupancies, the assembly shall have a fire-resistance rating of not less tha~ that required by Section 50lY3.3 based on the occupancies being separated. Where the floor assembly s~parates a single occupancy)rito different fire areas, the assembly shall have a fire-resistance rating of not les.s than that required by Se'"Ction 706.3.9. Floor assemblies separating dwelling units in the same building or sle~ping units in occupancies' in Group R-1, hotel occupancies, R-2 and 1-1 shall be a minimum of 1-hour fire-resistallce-rated construction/Floor assemblies separating other occupancies from dwelling units in the same building or sleeping units in pccupancies in Group R-1, hotel occupancies, R-2 and 1-1 shall be a minimum of 1-hour fire-resistance- rated ~nstruction. HH. Section R807.1 of the IRC. Delete., section R807.1 and insert in lieu thereof the following: .... . 807.1 Attic access. In buildings With combustible ceilin~ or roof construction, an attic access opening shall be provided to attic areas that exceed\30 squarefeet (2.8m ) and have a vertical height of 30 inches (762 mm) or greater. The opening shall be loca'led 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. The clear opening shall not be less than twenty Inches (20") by thirty inches (30"). Thirty inches (30") minimum clear headroom in the attic space shall be provided at \>r above the access opening. . II. Section 903.2.1.2 of the IBC. Delete s~ction 903.2.1.2 and insert in lieu thereof the following: 903.2.1.2 . . A. New Group A-2 Occupancies. An automatic sprinkler system shall be provided if one of the following conditions exist: \ 1) The fire area exceeds 5,000 s uare feet; or 2) The fire area has an occupant ad of 100 or more; or 3) The fire area is located on a f10 r other than the level of exit discharge. B. ExistinQ Group A-2 Occupancies an Group B Occupancies that existed prior to August 1, 2007. An automatic sprinkler system shall be provided thro ghout the A-2 occupancy if one of the following conditions exists: 1) The A-2 occupancy has an occup t load of 299 or more and has an ABDL shall comply by July 1, 2010. \ Exemption: Single business occupancie~in single story nonabutting buildings; or 2) The A-2 occupancy has an occupant~oad of 50-298 and is located on a floor other than the level of exit discharge and has an ABDL shall comply by JU{y 1,2013; or 3) Grollp B Occupancies located on a f1~or other than the level of exit discharge and which have an ABDL shall comply by July 1, 2013; or \ 4) Group A-2 Occupancies with an occupat\cy load of 100 or more that have an ABDL and are not regulated in B1 or B2 above, provided: \ There is,a change in business ownership, defined a~ the sale, transfer, or assignment of any legal or equitable owner~ip interest, except that the owner may shoW to the building official's satisfaction that said change in owneJihip is one of form and not substance. 'I, / Exemption: Single business occupancies in single\story nonabutting buildings. JJ. Se~lion 903.2.1.3 of the IBC. Delete exception without substitution. KK. S fction 903.2.1. 4 of the IBC. Delete exception without substitution. LL. ection 903.2.1.6 of the IBC. Add a new Section 903.2.1.6\as follows: Section 903.2.1.6. An automatic sprinkler system shall be provided throughout buildings and portions thereof used as new Group B occupancies with an ABDL or existing group B occupancy with a new (not a renewal) ABDL located on a floor other than the level of exit discharge. The automatic sprinkler system shall be provided throughout the floor area where the new Group B occupancy with an ABDL or where the group B occupancy with a new ABDL is located, and in all floors between the Group B occupancy and the level of exit discharge. MM. Section 903.4.2 of the IBC. Delete the section 903.4.2 of the IBC and replace with: Ordinance No. Page 8 903.4.2. 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. . NN. Section 903.6 of the IBC. Add a new S~tiofi903.6 to the IBC to read as'~lIowS: 903.6 Zones. Automatic sprinkler ~em zones shall not exceed the ar permitted by NFPA 13 or NFPA 13R and shall provide a sprinkler co~1 valve and water flow device for each ormally occupied floor. 00. Section 907.2 of the IBC. Dele the section and replace with: J 907.2 Where required. An pproved and addressable manual, automat!,6, or manual and automatic fire alarm system installed in accorda ce with the provisions of this code and N~P 72 shall be provided in new buildings and structures in accordanc with Sections 907.2.1 through 907.2.23 a provide occupant notification in accordance with 907.9, unless 0 er requirements are provided by anoth section of this code. Where automatic sprinkler protection insta~ed in accordance with Section 903.3. y:1 or 903.3.1.2 is provided and connected to the building fire alar~ system, automatic heat detection re~:(uired by this section shall not be required. ' The automatic fire detectors shall be smoke detectors. Wher~'ambient conditions prohibit installation of automatic smoke detection, other ciutomatic fire detection shall be allowed. PP. Section 907.2.1 of the IBC. Delete the "exception" in Sectfon907 .2.1 in its entirety and insert in lieu thereof the following exceptions: ' , EXCEPTION: , 1) Except for Group A-2 'occupancies with occupant loads of 200 or more, manual fire alarm boxes are not required where the building is\ equipped throughout with an automatic sprinkler system and the alarm notification appliances will activate upo~.sprinkler water flow. 2) Group A-2. An automa~c/manual fire alarm system shall be installed in Group A-2 occupancies with and occupant load Of, 200 or more. ~ctivation of the fire alarm shall additionally cause: a. Illumination of the prlptected premises to not less than 10 foot-candles over the area of the room at a height of 30 inches above the fI or; and b. All conflicting or confu ing sounds and visual distraction to automatically stop. QQ. Section 907.2.3 of the IBC. Modi by adding a sentence to the end of the first paragraph as follows: New and existing educational occ pancies shall have a monitored fire alarm system. RR. Section 907.2.3 of the (BC. Modify yadding a 4th exception as follows: 4. Day care occupancies c1assi 'ed as Group E Occupancy shall not require a monitored fire alarm system unless required elsewhere in the code. SS. Section 907.2.10.1.2 of the IBC. Modi by adding a fourth location requirement as follows: 4. Supervised smoke alarms shall e installed in all common corridors and at the top and bottom of all stairway enclosures in Group R-2, R-4 and 1-1 ccupancies. In corridors, detectors shall be located within fifteen (15) feet of the end of the corridor and in such a w y that one detector is located for each thirty (30)feet of corridor length or spaced as allowed by the fife code. TT. Section 907.2.12.3 of the IBC. Delete Sect n 907.2.12.3 and replace with: 907.2.12.3 Fire department communi tion system. Where required. No person shall erect, construct, maintain or modify ,any building or structur or any part thereof, or cause the same to be done which fails to support adequate radlo coverage for City of I a City public safety services, including but not limited to police, fire, and public work,g departments. UU. Section 907.2.t2.3.1 of the (BC. Add a Sectio 907.2.12.3.1 to read as follows: 907.2.12.3.1 AMPLIFICATION SYSTEMS ALL WED Buildings ani structures shall be equipped with ny of the following, in order to achieve adequate radio coverage: \ 1) A radiating cable system or \ 2) ArJ. internal multiple antenna system with FCC Type Accepted Bi-Directional UHF Amplifiers as needed to encol1,lpass the frequency range stated below or frequency range subsequently established by the City of Iowa City': 3) // A system that has been approved by the City of Iowa City as being capable of providing amplification 0 meet this ordinance requirements. W. ection 907.2.12.3.2 of the IBC. Add a Section 907.2.12.3.2 to read as follows: 07.2.12.3.2 System Requirements: 1) The frequency that must be supported shall be 810.7125 to 815.2625 MHz and 855.7125 to 860.2625 MHz and adaptable to other appropriate emergency frequencies (700 MHz or greater). The system must be capable of encompassing the frequencies stated herein and capable of future modifications to a frequency range subsequently established by the City of Iowa City. Ordinance No. Page 9 2) All system components must be 100 percent compatible with analog and digital modulations after installation without additional adjustments or modifications. 3) Mandatory use of FCC certificated equipment is required. 4) If any part of the installed system or systems contains an electrically powered component, the system shall be capable of operating on an independent battery and/or generator ~y, tem for a period of at least twelve (12) hours without external power input;/The battery system shall automaticall charge in the presence of an external power input. // 5) Signal levels, percentage coverage and reliability percentage. a. A minimuni signal s ength of one (1) microvolt [-107 dBm] a ilable in 95% of the area of each floor of the building when transmit d from the City of Iowa City Communica!Jons Center; and . b. A minimum signal trength of one (1) microvolt [-107 dBm]leceived at the City of Iowa City Communications Center when transm tted from 95% of the area of each floor.'of the building, via portable radio with public safety microphone; and c. A 95% reliability f ctor. 6) The installation of eq ipment as stated above can not be detrimental to the operation of the Public Safety Radio System. 7) Testing procedures. a. Initial tests will be erformed by an agent of the City of Iowa City. Certificate of occupancy shall not be issued to any structure if th building fails to comply with this section. b. Annual tests will be onducted by the Iowa City Fire Department in conjunction with inspection procedures. . WW. Section 907.3 of the (BC. Modi by adding a sentence to the end of the section to read as follows: Where in' the opinion of the c e official manual fire alarm boxes may be used to cause false fire alarms, the code official is authorized to m dify the requirements for manual fire alarm boxes. XX. Section 907.8 of the IBC. Modi by deleting the exception and inserting in lieu thereof the following exception: Exception: Automatic sprinkler stem zones shall not exceed the area permitted by NFPA 13 and shall provide a sprinkler control valve and wat rflow device for each floor. YY. Section 907.8.3 of the IBC. Add a se ion to read as follows: Section 907.8.3 Zone and address cation labeling. Fire alarm and/or annunciator panels shall have all zones and address points plainly and permane t1y labeled as to their location on the outside of the panel or on an easily readable map of the building. ZZ. Section 907.14 of the IBC. Modify Sectio 907.14 by adding two sentences to the end as follows: Each address point identification, shal have an alpha/numeric descriptor location. Alpha/numeric descriptor locations are required to be reported to the owaCity Emergency Communications Center upon activation of supervisory and/or alarm conditions as specified by he fire code official. AM. Section 910.3.2.2 of the IBC. Delete section nd replace with: Where installed in buildings provided with approved automatic sprinkler system, smoke and heat vents shall be designed to operate automatically by tuation of a heat-responsive device rated at least 100 degrees F (38 degrees C) above the operating temperat re of the sprinkler. Exception: . Gravity~operated drop-out vents co plying with Section 910.3.2.1. BBB. Section 912.6 of the IBC. Add a new section to r ad as follows: 912.6 Size. Minimum fire department connection ize shall be 2 % inch National Standard Thread. CCC. Section 1009.2 of the IBC. Modify by adding th number 1 to the exception and adding a second exception as follows: EXCEPTION: 1. Spiral stairways complying with Section 1009. are permitted a 78-inch (1981 mm) headroom clearance. 2. Stairs within individual dwelling units of Residen 'al Group R occupancies that existed prior to 8/28/02 (adoption of the 2000 IRC) are permitted a 78-inch headro clearance. ODD. Section 1009.10. Exception 4 and 5 of the IBC. Modify by eleting exceptions 4 and 5 and insert in lieu thereof the following: 4. IrV" Group R-3 occupancies, a change in elevation nsisting of three or fewer risers at an entrance or egress door does not require handrails. 5. /Changes in room elevations of three or fewer risers wit in dwelling units and sleeping units in Group R-2 an~fR-3 occupancies do not require handrails. \ EEE. Section 1020.1.1 of the IBC. Modify Section 1020.1.1 by adding 'a, sentence to the third unnumbered paragraph as follows: Fire door assemblies in exit enclosures of R-2 occupanciEils shall also be automatic closing by actuation of a smoke detector. FFF. Section 1025.2 of the IBC. Modify by amending the exception by numbering it "1," and by adding a second exception as follows: EXCEPTION: Ordinance No. Page 10 1) In assembly occupancies where there is no well-defined main exit or where multiple main exits are provided, exits shall be permitted to be distributed around the perimeter of the building provided that the total width of egress is not less than 100 percent of the required width. 2) 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. GGG. Section 1026.1 of the IBC. Modify by deleting the exceptions and il{sert in lieu thereof the following: EXCEPTIONS: ~ . 1. ~he emerge~cy escap,E:larid r~scue openin.g is permitted t%pen.onto a balcony within .an atrium In accordance with the reqUirement 'of Section 404 proVided the balcoryY provides access to an eXIt and the dwelling unit or sleeping room has means of egress that is not open to ~e atrium. 2. High-rise buildin s in accordance with Section 403. 3. Emergency es ape and rescue openings are not re ired from basements or sleeping rooms that have an exit door or exit a cess door that opens directly into a ublic way or to a yard, court or exterior exit balcony that opens to a public w y. . 4. Basements without habitable spaces and having n more than 200 square feet in floor area shall not be required to have emergen y and escape windows. HHH. Section 1026.1.1 of the C. Add a new Section 1026 .1 in the IBC as folloy.'s: 1026.1.1 Location. The mergency escape and r cue opening in a non-habitable basement shall be located a reasonable distance fro the internal access po' t. This distance shall not be less than one-half (1/2) of the distance from the bottom of t~ interior stairs to th ost remote exterior wall. III. Section 1026.3 of the IBC. Modify by adding n exception as follows: EXCEPTION: For emerge y escape and r~scue openings required for the remodeling or finishing of space in an existing basement, the aximum sill }feight may be measured from an elevated landing not less than 36 inches wide, not less than 18 i ches out ff6m the interior finish of the exterior wall and not more than 24 inches in height. The landing shall be ermane.r\t1y affixed to the floor below and the wall under the window it I serves. I JJJ. Section 1026.4 of the IBC. Dele ~ction 1026.4 and insert in lieu thereof the following: 1026.4 Operational constraint ,'Emergency escape and rescue openings shall be operational from the inside of the room without the use of.k s, tools, special knowledge or effort. Bars, grilles, grates or similar devices are permitted to be placed over e rgency escape and rescue openings provided the minimum net clear opening size complies with SectiOn 10 .2 and such devices shall be releasable or removable from the inside without the use of a key, tool or force reater than that which is required for normal operation of the escape and rescue opening. Where such bars, g illes, grates or similar devices are installed in existing buildings, smoke alarms shall be installed in accordance wit Section 907.2.10 regardless of the valuation of the alteration. KKK. Section 1026.6 of the IBC. Add a new S ction 1026.6 to the IBC to read as follows: Section 1026.6. Emergency escape wind s under decks and porches. Emergency escape windows are allowed to be installed under decks and porche provided the location of the deck allows the emergency escape window to be fully opened and provides a path ot less than 36 inches in height to a yard or court. LLL. Chapter 11 of the IBC. Delete Chapter 11 in it entirety and insert in lieu thereof the following: Chapter 11 Accessibility, Section 1101. Buildings or po ions of buildings shall be accessible to persons with disabilities as required by 661-302 of the Iowa State Admini trative Code. MMM. Section 1207 of the IBC. Modify by deleting Secti n 1207 in its entirety. NNN. Section 1209.2 of the IBC. Modify by deleting See 'on 1209.2 in its entirety and insert in lieu thereof the following: 1209.2 Attic spaces. In buildings with combustible c iling or roof construction, an attic access opening shall be provided to attic areas that exceed 30 square feet (2. 2) and have a vertical height of 30 inches (762 mm) or greater. The opening shall be located in a corridor, h Iway, or other readily accessible location. The opening shall not be located in a closet, bathroom, mechanical ro'Qm, laundry room, or similar room or location. Attics with a maximum vertical height of less than thirty inches need rl'qt be provided with access openings. 000. Section 1403.5 and 1403.6 of the IBC. Delete Section 1403,S and 1403.6 of the IBC and insert in lieu thereof the following: '. Section 1403.5. See TITLE 14, CHAPTER 5, ARTICLE J Flood Plain Management Standards in the City Code. ppp: Section 1405.12.2 of the IBC. Delete Section 1405.12.2 of the IBC. QQQ. Section G2406.2 (303.3) Prohibited locations of the IRC. Modify by deleting exceptions 3 and 4. RRR. Section G2415. (404.2) Prohibited locations of the IRC. Modify by deleting the last sentence. SSS. Part VII PlumbinQ. Chapters 25 throuQh 32 inclusive of the IRC. Delete Part VII Plumbing Chapters 25 through 32 inclusive of the IRC and insert the following: Part VII Plumbing, Chapter 25 Section P2501 GENERAL P2501.1 Scope. Plumbing systems shall comply with Title 17, Chapter 2, of the Iowa City Code. Ordinance No. Page 11 TTT. Chapter 27 of the IBC. Delete Chapter 27 of the IBC and insert the following: Chapter 27 Electrical Section 2701.1 Scope. Electrical systems shall comply with Title 17, Chapter 3, of the Iowa City Code. UUU. Chapter 29 of the IBC. Delete Chapter 29 of the IBC and insert the following: Chapter 29 Plumbing Systems Section 2901.1 Scope. Plumbing systems shall comply with Title 17. Chapter 2, of the Iowa City Code. VW. Section 3002.4 of the IBC. Delete Section 3002.4 of the IBC and insert in lieu thereof the following: 3002.4 Elevator car to accommodate ambulance stretcher. In buildings four or more stories above grade plane 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 a 24-inch by 84-inch (610 mm by 1930 mm) ambulance stretcher in the horizontal, open position and shall be identifie by the international symbol for emergency medical services (star of life). The symbol shall not be less than 3' ches (76 mm) high and shall)je placed inside on both sides of the hoistway door frame. . WWW. Part VIII Electrical Cha ters 33 t ou h 42 inclusive of the IRC))elete Part VIII Electrical Chapters 33 through 42 inclusive of the IRe and insert the f lIowing: . Part VIII Electrical, Chapter 33 Section E3301 GENERAL E3301.1 Applicability. Electrical sy tems shall comply withTitle 17, Chapter 3, of the Iowa City Code. XXX. Section 3410.2 of the IBC. Delet the first sentence of Section 3410.2 and insert in lieu thereof the following: 3410.2 Applicability. Structures e isting prior to effective date of this ordinance and in which there is work involving additions, alterations or chang s of occupancy shall be made to conform to the requirements of this section or the provisions of Sections 3403 through 3407. 17-1-4: PENALTIES FOR VIOLATION: Vi~tion o. Lttlis chapter shall be a municipal infraction punishable by a penalty as provided for in subsection 1-4-2D of t is code. SECTION VI. EFFECTIVE DATE. This rdinance shall be in effect after final passage, approval, and publication as provided by law. Passed and approved this _ day of , 20_. MAYOR ATTEST: CITY CLERK Appro~ ~"- ~~ ~- (} ~.'-e-t City Attorney's Office hisbdg/ord/2006bldgcodes/2006 IBC IRC(2).doc m Prepared by: Tim Hennes & Bernie Osvald, HIS, 410 E. Washington St., Iowa City, IA 52240; 319-356-5122 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 17, CHAPTER 2, OF THE IOWA CITY CODE OF ORDINANCES, BY ADOPTING THE 2006 EDITION OF THE UNIFORM PLUMBING CODE, WITH CERTAIN AM.ENDMENTS, TO REGULATE THE PRACTICE, MATERIALS AND FIXTURES USED IN THE INSTALLATION, MAINTENANCE, EXTENSION AND ALTERATION OF ALL PIPING, FIXTURES, APPLIANCES AND APPURTENANCES IN CONNECTION WITH VARIOUS PLUMBING SYSTEMS, TO PROVIDE FOR THE ISSUANCE OF PERMITS AND INSPECTION OF PLUMBING INSTALLATIONS AND THE COLLECTION OF FEES, AND TO PROVIDE PENALTIES FOR VIOLATIONS. Be it ordained by the Council of the City of Iowa City, Iowa: SECTION I. SHORT TITLE. This ordinance shall be known as the Iowa City Plumbing Code, or Plumbing Code, and may be so cited. ; SECTION II. PURPOSE. It is the purpose of this ordinance to adopt the 2006 Edition of the Uniform Plumbing Code as prepared and edited by the Intemational Association of Plumbing and Mechanical Officials, and to provide certain amendments thereof; to provide for the protection of the health, welfare, and safety of the citizens of Iowa City, Iowa; to provide for the enforcement of the Plumbing Code; and to provide penalties for violations of the Plumbing Code. SECTION III. SCOPE. This ordinance shall apply to and govern plumbing, as defined in the Plumbing Code, including the practice, materials and fixtures used in the installation, maintenance, extension and alteration of all piping, fixtures, appliances and appurtenances in connection with any of the following: sanitary drainage or storm drainage facilities, the venting system, and the public or private water-supply systems, within or adjacent to any building or other structure, or conveyance; also the practice and materials used in the installation, maintenance, extension or alteration of the stormwater, liquid wastes or sewerage systems, and water supply systems of any premises to their connection with any point of public disposal or other acceptable terminal. SECTION IV. ADOPTION OF PLUMBING CODE.. Section 17-2 in its entirety of the Iowa City Code is hereby repealed and the following new Section 17-2 is added. 17-2-1: CODE ADOPTED: Subject to the amendments described in Section 17-2-2 below, Chapters 1 through 16 of the 2006 Edition of the Uniform Plumbing Code promulgated by the International Association of Plumbing and Mechanical Officials are hereby adopted and shall be known as the Iowa City Plumbing Code or the Plumbing Code. 17-2-2: AMENDMENTS TO CODE: The Plumbing Code adopted by Section 17-2-1 of this Code is hereby amended as f~lIows: Delete Section 101.5.6 in its entirety and insert in lieu thereof the following: 101.5.6 Moved Buildings. Plumbing systems which are part of buildings or structures moved within or into this jurisdiction shall comply with the provisions of this Code for new installations except as provided for in Section 103.5.5.2. . Delete Section 102.3.1 in its entirety and insert in lieu thereof the following: 102.3.1 Violations. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, or maintain any plumbing or permit the same to be done in violation of this Code. Violation of any provision of this ordinance is a municipal infraction. Delete Section'102.3.2 in its entirety. Delete Section 103.1.1 in its entirety and insert in lieu thereof the following: 103.1.1 Permits Required. It shall be unlawful for any person, firm or corporation to make any installation, alteration, repair, replacement or remodel any plumbing system or fire sprinkler system regUlated by this Code except as permitted in Section 103.1.2, or to cause the same to be done without first obtaining a separate plumbing permit for each separate building or structure. Ordinance No. Page NO.2 Add Section 103.1.2.3 103.1.2.3 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 violation of the provisions of the Code or any other laws or ordinances of this jurisdiction. 103.1.3 Licensing See Section 14-5L. 103.2 Application For Permit Add Section 103.2.4 Qualifications of Permittee: 1. A permit may be issued to any person holding a valid master plumber license issued by the City or to any plumbing company which employs a duly licensed master plumber on a full-time basis. 2. A permit may be issued to the owner of an existihg owner-occupied single-family dwelling, pursuant to a valid certificate of occupancy and used exclusively for residential purposes, to do any work ~egulated by this Article in connection with said dwelling and accessory buildings. The owner must personally purchase all material and perform all labor in connection therewith. All work shall comply with this Article. 3. A permit may be issued to the holder of a valid sewer and water service installer's license for the installation of a building sewer and water service only. 4. A permit may be issued for the installation of gas piping to any person holding a valid gas pipe installer's license issued by the City or to any company which employs a duly licensed gas pipe installer. 5. A permit may be issued to the holder of a valid fire sprinkler installer's license for the installation of fire sprinkler systems provided the licensee is employed by a fire sprinkler contractor with either at least one NICET Level III certified person or an engineer licensed in the State of Iowa with experience in fire protection sprinkler systems on staff. Add Section 103.2.5 Insurance Required: Before a permit to perform plumbing work may be issued, the applicant shall have on file with the Authority Having Jurisdiction a copy of a certificate of insurance stating the liability amounts established by resolution of the City Council, and the City shall be named as an additional insured. The policy shall also provide for at least thirty (30) calendar days' notice by the insurer to the City of termination of the policy by the insured or insurer. Plumbing permits issued under Subsection 103.2.4-2 shall be exempted from this insurance requirement. 103.4 Fees Delete Sections 103.4.1 and 103.4.2 and add Section 103.4 as follows: 103.4 Fees: All applicants shall pay the proper permit and inspection fees as established by resolution of the City Council. ., 103.4.4 Investigation Fees: Work Without a Permit. Delete Section 103.4.4 in its entirety and insert in lieu thereof the following: 10~.4.4 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 if a permit were issued. This fee shall be collected whether or not a permit is issued. The payment of such fee shall not exempt any person from compliarice 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. 103.4.5 Fee Refunds. Delete Section 103.4.5 in its entirety and insert in lieu thereof the following: 103.4.5 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. Ordinance No. Page NO.3 Add Section 103.9 Appeals Any person aggrieved by a decision of the Building Official with regard to the Plumbing Code may file an appeal as provided in Section 17-12 Appeals. Section 202.0 Section 202.0 is amended by adding the following definitions: Fire Sprinkler Installer - any person licensed to install only fire sprinkler systems. Gas pipe Installer - any person licensed to install only the piping to distribute fuel gas from the gas meter to the gas outlets. Plumber, apprentice -any person who works under the supervision and guidance of a skilled joumeyman or contractor for the purpose of learning the plumbing trade. Plumber, inactive -any licensed plumber who is not currently employed nor actively participating in the plumbing trade. Plumber, journeyman -any properly licensed person who is allowed to install plumbing only under the employ of a master plumber. Plumber, master -any properly licensed person who undertakes or offers to undertake, plan for, layout, supervise or perform plumbing work with or without compensation. Sewer and water service Installer -any person licensed to install only the building sewer and that portion of the building drain from outside the building wall to just inside the building wall and the water service from the water main to the building water meter. Section 412.0 Delete Section 412.1 through 412.3 and Table 4-1 in its entirety and inserl in lieu thereof the following: 412.1 Every building intended for human occupancy shall be provided with sanitary facilities as required by this Section and Table 4-1. The occupant load used to determine the minimum number of sanitary fixtures shall be the occupant load established by the 2006 International Building Code in Section 1004 and Table 1004.1.1. The established occupant load shall be assumed to be one-half (Yz) male and one-half (Yz) female unless sufficient evidence to the contrary is supplied to the Authority Having Jurisdiction. Exception: When toilet facilities are provided for employees only, the occupant load shall be the actual number of employees on the largest shift. 412.2 Buildings with the total occupant load of less than sixteen (16) may provide the required fixtures in a unisex restroom. Urinals need not be provided in unisex restrooms. Buildings with an occupant load of sixteen (16) or more shall provide separate facilities for each sex. Ordinance No. Page NO.4 Fixtures Per Person 1 Type of Buildinr/ Water Closets/Urinals9 Lavatories6 Bathtubs Drinking3 or Occupancy or Fountains Showers Male I Female Male I Female For employee or staff use in all 1 :1-15 1:1-15 1 for each 2 water closets 1:30-150 occupancies except industrial 2:16-35 2:16-35 or urinals And one for warehouses, workshops, facto- 3:36-55 3:36-55 each ries, foundries and similar es- additional tablishments. 300 persons Over 55, add 1 fixture for each additional 40 persons. For employee or staff use in in- 1 :1-10 1:1-10 1 for each 2 water closets 1 per 150 dustrial warehouses, work- 2:11-25 2:11-25 or urinals shops, factories, foundries and 3:26-50 3:26-50 similar establishments. 4:51-75 4:51-75 5:76-100 5:76-100 Over 100, add 1 fIXture for each additional 30 persons For public use within 1:1-30 1:1-15 1:1-75 1 :1-30 Assembly places, Le. 2:31-75 2:16-30 2:76-200 2:31-100 1: 1-150 theaters, auditoriums, etc. 3:76-125 3:31-50 3:201-400 3:101-200 4:126-200 4:51-100 4:201-300 2: 151-400 5:201-300 5:101-150 5:301-400 3: 401-750 6:301-400 6:151-200 7:201-250 and one 8:251-300 additional 9:301-350 fixture for 10:351-400 each additional 500 persons Over 400, add Over 400, add Over 400, add 1 fixture per 1 fixture for 1 fixture for 400 persons each 200 each 125 fe- males males Dormitories - school or labor 1 per 1 0 1 per 8 1 per 12 1 per 12 1 per 8 1 per 150 Add 1 fixture Add 1 fixture Over 12, Over 12, Over 150, for each 25 for each 20 add 1 per add 1 for add 1 per males over 10 females over 8 each 20 each 20 20 males females Hospitals . Individual room 1 per room 1 per room 1 per room Ward room 1 per 8 beds 1 per 10 beds 1 per 20 beds Institutional - other than hos- 1 per 25 I 1 per 20 1 per 1 0 1 per 10 1 per 8 1 per 150 pitals or penal institutions Table 4_17 Ordinance No. Page NO.5 Office or public buildings For public use within office or 1 :1-50 1 :1-15 1 for each 2 water closets 1 for 7- 150 public buildings 2:51-100 2:16-35 or urinals and one for 3:101-150 3:36-55 each 300 4:151-200 4:55-100 additional , 5:201-400 5:101-150 persons 6:151-200 7:201-250 8:251-300 9:300-350 10:351-400 Over 400, add one fixture for each additional 500 males and one for each 150 females For employees or staff in office 1:1-15 . 1 :1-15 1 for each 2 1:30-150 or public building 2:16-35 2:16-35 water And one for 3:36-55 3 :36-55 closets or each urinals additional 300 persons Wholesale 10 and retail 1 :1-250 1:1-250 1 for each 2 water closets 1 for each stores 2:250-500 2:250-400 or urinals pair of 3:501-750 3:401-600 restroom 4:751-1,000 4:601-800 facilities 5:801-1,000 Over 1,000 Over 1,000 add 1 fixture add 1 fixture for each addi- for each addi- tional 500 tional 400 fe- males males Restaurants. which do not 1 :1-50 1:1-50 1 for each 2 water closets serve alcohol 2:51-100 2:51-100 or urinals 3:101-175 3:101-175 4:176-300 4:176-300 Over 300, add 1 fixture per 200 additional persons Restaurants. which serve 1:1-30 1 :1-30 1 for each 2 water closets i!lcohol, pubs and lounges 2:31-60 2:31-60 or urinals 3:61-100 3:61-100 4:101-150 4:101-130 5:151-200 5:131-160 6:201-275 6:161-200 7:276-400 7:201-300 8:301-400 Over 400, add Over400,add 1 fixture for 1 fixtu re for each 175 each 150 fe- males males Ordinance No. Page NO.6 Schools5 - for student use: Nursery 1 :1-20 1 :1-20 1 :1-25 1 :1-25 1 per 150 2:21-50 2:21-50 2:26-50 2:26-50 Over 50, add 1 fixture for each Over 50, add 1 fixture each additional 50 persons additional 50 persons Elementary 1 per 25 1 per 25 1 per 35 1 per 35 1 per 150 Secondary 1 per 30 1 per 30 1 per 40 1 per 40 1 per 150 Others (colleges, universities, 1 per 30 1 per 30 1 per 40 1 per 40 1 per 150 etc.) Worship places: Educational and activities unit 1 per 125 1 per 125 1 for each 2 water closets 1 per 150 or urinals And one for each additional 300 persons Principal assembly place 1 per 150 1 per 150 1 for each 2 water closets 1 per 150 or urinals And one for each additional 300 persons Dwellings:4 Single-family 1 per dwelling 1 per water closet 1 per dwell- ing Multi-family 1 per dwelling unit 1 per water closet' 1 per dwell- ing unit Penal institutions: Cell 1 per cell 1 per cell 1 per floor Exercise room 1 per exercise room 1 per room 1 per room Notes to Table 4-1: 1. Interpretation of Figures: The figures shown are based upon one fixture being the minimum required for the number of persons indicated. 2. Building Categories: Building categories not shown on this Table shall be considered separately by the Authority Having Jurisdiction. 3. Drinking Fountains Required: There shall be a minimum of ohe (1) drinking fountain per occupied floor in schools, theaters, auditoriums, dormitories, offices or public buildings. Where breakroom sinks or water dispensers or coolers are accessible a required drinking fountain may be eliminated. A drinking fountain shall not be required in occupancies of 30 or less. Drinking Fountains Prohibited: Drinking fountains shall not be installed in toilet rooms. 4. Laundry Facilities: One automatic washer standpipe for each dwelling unit for single-family or duplex. For multi-family apartment buildings, one standpipe for each ten (10) apartments or fraction thereof. 5. Kitchen Sinks: One (1) for each dwelling unit. 6. Washbasins: Twenty-four (24) lineal inches (609mm) of wash sink or eighteen (18) inches (456mm) of a circular basin shall be considered equivalent to one lavatory when provided with water outlets for such space. Ordinance No. Page No.7 7. General Provisions: In applying this schedule of facilities, consideration must be given to the accessibility of the fixtures. Purely numeric conformity may not result in an installation suited to the need of the individual establishment. For example: Schools should be provided with toilet facilities on each floor having classrooms and in temporary working facilities, one water closet for each thirty (30) persons. 8. Restaurants: A restaurant is defined as a business which sells food to be consumed on the premises. Employee toilet facilities are not to be included in the above restaurant requirements. Hand washing facilities must be available in the kitchen for employees. 9. Whenever urinals are provided, the total number of fixtures required may be a combination of water closets and urinals. The number of water closets in such cases shall not be reduced to less than one- third (1/3) of the total number required. Section 603.2.3 is deleted. Delete Section 603.4.12 in its entirety and insert in lieu thereof the following: 603.4.12 Potable water supply to carbonators shall be protected by a stainless steel dual check valve with an atmospheric vent as approved by the Authority Having Jurisdiction for the specific use. Delete Section 604.2 in its entirety and insert in lieu thereof the following: Copper tube for water piping shall have a weight of not less than Type M copper tubing. Exception: Copper tube for underground water piping shall have a weight of not less than Type K copper tubing. Delete Section 605.2 in its entirety and insert in lieu thereof the following: 605.2 Independent fullway valves shall be installed on the supply and discharge sides of each water meter. Water piping supplying more than one building on anyone premises shall be supplied with separate fullway valves to each building. Such shutoff valves shall be accessible at all times. A fullway valve shall be installed on the discharge piping from water supply tanks at or near the tank. A fullway valve shall be installed on the cold water supply pipe to each water heater at or near the water heater. Delete Section 701.1.4 in its entirety and insert in lieu thereof the following: 701.1.4 Copper tube for underground drainage and vent piping shall have a weight of not less than that of copper tube Type L. Add New Section 701.1.5 as follows: 701.1.5 Copper tube for aboveground drainage and vent piping shall have a weight of not less than that of copper tubing Type M. Exception: Type DWV may be uSE;ld in one and two-family dwellings. Section 703.1 Delete Section 703.1 in its entirety and insert in lieu thereof the following: 703.1 The minimum sizes of vertical and/or horizontal drainage piping shall be determined from the total of all fixture units connecteci thereto, and additionally, in the case of vertical drainage pipes, in accordance with their length. There shall be afleast one four (4)-inch (100mm) drain pipe from the sewer to the main drainage stack and no underground drainage piping shall be less than two (2) inches (50mm) in diameter. Section 710.1 Delete Section 710.1 in its entirety and insert in lieu thereof the following: 710.1 Drainage piping serving fixtures, the flood level rims of which are located below the elevation of the curb or property line at the point where the building sewer crosses under the curb or property line and above the crown level of the main sewer, shall drain by gravity into the main sewer and shall be protected from backf10w of sewage by installing an approved type backwater valve, and each such backwater valve shall be installed only in that branch or section of the drainage system which receives the discharge from fixtures located below the elevation of the curb or property line. The requirements of this subsection shall apply only when it is determined necessary by the Authority Having Jurisdiction or the engineers of the governing body, based on local conditions. . Section 717.0 Section 717.0 is amended by adding the following sentence to the end of the section: The minimum size of any building sewer shall be four (4) inches (100mm). Ordinance No. Page No. 8 Section 807.4 Delete Section 807.4 in its entirety and insert in lieu thereof the following: 807.4 No domestic dishwashing machine shall be directly connected to a drainage system or food waste disposer unless an approved dishwasher air gap fittiflg is installed on the discharge side of the dishwashing machine or the discharge line of the dishwasher is looped as high as possible near the flood level of the kitchen sink. Listed air gaps shall be installed with the flood level (FL) marking at or above the flood level of the sink or drain board, whichever is higher. Delete Sections 903.2.1 and 903.2.2 in its entirety and insert in lieu thereof the following: 903.2.1 Copper tube for underground vent piping shall have a weight of not less than that of copper tube Type L. 903.2.2 Copper tube for aboveground vent piping shall have a weight of not less than that of copper tube Type M. Exception: Type DWV may be used in one and two-family dwellings. Section 904.1 Section 904.1 is amended by adding the following sentences to the end of the paragraph: Each building shall have a vent stack or stack vent equal in size or larger than the required building sewer that shall extend through the roof undiminished in size. In residential buildings of four (4) stories or less, a three-inch vent stack or stack vent shall be permitted. Residential buildings shall include hotels and motels. Section 905.7 New Section 905.7 is added to read as follows: 905.7 In all new residential construction with a basement, at least one two-inch (2") dry vent shall be available in the basement. Section 906.3 Delete Section 906.3 in its entirety and insert in lieu thereof the following: 906.3 Vent pipes shall be extended separately or combined, the full required size, not less than twelve inches (12") above the roof or fire wall. Flagpoling of vents is prohibited except where the roof is used for purposes in addition to weather protection. All vents within ten feet (10') of any part ofthe roof that is used for such other purposes shall extend not less than seven feet (7') above such roof and shall be securely stayed. Delete Section 906.7 in its entirety and insert in lieu thereof the following: 906.7 Frost or Snow Closure. Vent terminals shall be a minimum of three (3) inches (80 mm) in diameter but in no case smaller than the required vent pipe. The change in diameter shall be made at least one (1) foot (305 mm) below the roof in an insulated space and terminate not less than one (1) foot (305 mm) above the roof. Ordinance No. Page NO.9 Delete Table 10-1 in its entirety and insert in lieu thereof the following: TABLE 10-1 Horizontal Distance of Trap Arms (Except for water closet and similar flXtures)* Trap Arm (Inches) Distance Trap to Vent (Feet) 1~................................................................................5 1~................................................................................6 2 ...................................................................................8 3 .................................................................................12 4 and larger................................................................ 12 Slope shall be one-quarter inch (y.") per foot. *The developed length between the trap of a water closet or similar fixture (measured from the top of closet ring to inner edge of vent) and its vent shall not exceed six feet (6'). Section 1205.3 Delete Section 1205.3 in its entirety and insert in lieu thereof the following: 1205.3 It shall be unlawful for any serving gas supplier, or person fumishing gas, to tum on, or install any fuel gas or any gas meter or meters unless the valve is turned off and securely locked, until inspected and released by the Authority Having Jurisdiction. Section 1211.3.2 is amended by adding the following to the end of the section: (5) Fittings for CSST systems shall not be installed in concealed locations. 17-2-3: Cross Connection Control- Provisions. 1. Definitions. The following definitions shall apply only to this Section For the purpose of this Section, these definitions supersede definitions given elsewhere in this Code. a. Approved backflow prevention assembly for containment. A backflow prevention assembly listed by the University of South em California - Foundation for Cross Connection Control and Hydraulic Research as having met the requirements of ANSI-AWWA Standard C510-89, Double Check Valve Backflow-Prevention Assemblies or ANSI-AWWA Standard C511-89, Reduced-Pressure Principle Backflow-Prevention Assemblies, all as amended, for containment. The listing shall include the limitations of use based on the degree of hazard. The backflow prevention assembly must also be listed by the International Association of Plumbing and Mechanical Officials. b. Approved backflow prevention assembly for containment in a fire protection system. A backflow prevention assembly to be used in a fire protection system which meets the requirements of Factory Mutual Research Corporation (FM) and Underwriters Laboratory (UL), in addition to the requirements of paragraph 1 (a). c. Auxiliary water supply. Any water supply on or available to the premises other than the approved water provider of public water such as, but not limited to, a private well, pond or river. d. Containment. A method of backflow prevention which requires the installation of a backflow prevention assembly at the water service entrance. e. Cross connection. Any connection or arrangement between a potable water supply system and any plumbing fixture or tank, receptacle, equipment or device, through which it may be possible for nonpotable, used, unclean, polluted and contaminated water or other substance to enter into any part of such potable water system under any condition. f. Customer. The owner, operator or occupant of a building or a property or of a private water system which has a water service from a public water system. g. Degree of hazard. The rating of a cross connection or water service which indicates the potential to cause contamination or pollution. h. Double check valve backflow prevention assembly. A backflow prevention device consisting of two (2) independently acting, internally loaded check valves, four (4) properly located test plugs and two (2) isolation valves. (Backflow prevention assembly used for low hazard.) Ordinance No. Page NO.1 0 i. High hazard cross connection. A cross connection which may impair the quality of the potable water by creating an actual hazard to public health through poisoning or through contamination with sewage, industrial fluids or waste. j. Isolation. A method of backflow prevention in which a backflow prevention assembly is located at the cross connection rather than at the water service entrance. k. Low hazard cross connection. A cross connection which may impair the quality of potable water to a degree which does not create a hazard to public health but which does adversely and unreasonably affect the aesthetic qualities of such potable water for domestic use. I. Reduced pressure principle backflow prevention assembly. A backflow prevention device consisting of two (2) independently-acting, internally-loaded check valves,'a differential pressure relief valve, four (4) properly located test plugs and two (2) isolation valves. (Backflow prevention assembly used for high hazard.) m. Registered backflow prevention assembly technician. A person registered with the Iowa State Health Department or its successor agency to test or repair backflow prevention assemblies and to report on the condition of those assemblies. n. Thermal expansion. Volumetric increase of water due to heating resulting in increased pressure in a closed system. o. Water service. Depending on the context, water service is the physical connection between a public water system and a customer's building, property or private water system or the act of providing potable water to a customer. 2. Authority Having Jurisdiction. a. For the purposes of 17-2-3 only, the Authority Having Jurisdiction is the City Council acting through such persons or agencies the City Council shall designate. b. The Authority Having Jurisdiction shalf have the right to enter any property to inspect for possible cross connection, upon consent of the customer or upon a search warrant issued by a court of appropriate jurisdiction. c. The Authority Having Jurisdiction may collect fees for the administration of this program. Fees shall be established by resolution of the City Council. d. The Authority Having Jurisdiction shall maintain records of cross connection hazard surveys and of the installation, testing and repair of all backflow prevention assemblies installed in this City. 3. New water services. a. Plans shall be submitted by the contractor to the Authority Having Jurisdiction for review of all new .water services to determine the degree of hazard before a permit Is issued. b. The Authority Having Jurisdiction shall determine the type of backflow prevention assembly required for containment based on the degree of hazard. c. The Authority Having Jurisdiction shall require the installation of the appropriate backflow prevention assembly for containment before the initiation of water service. 4. Existing water services. a. Upgrades of existing water services shall be treated as new water services for the purpose of 17-2-3. b. The Authority Having Jurisdiction shall publish and make available to each customer a copy of standards used to determine the degree of hazard. c. After publication of the standards, the Authority Having Jurisdiction shall give written notice of the provisions of this Section to customers whose premises are classified as single-family residential. d. Customers whose premises are not regulated by the IRC shall be notified that an on-premise survey will be conducted by the Authority Having Jurisdiction to determine the type and degree of any hazards to the potable water system. e. The Authority Having Jurisdiction shall determine the type of backflow prevention assembly required for containment based on the degree of hazard, as determined from information received from customers or gathered through on-premises investigations or surveys. f. Within the time frame specified, in writing, by the Authority Having Jurisdiction, the customer shall install a backtlow prevention assembly for isolation and containment as required by the Authority Having Jurisdiction. g. For existing water services, the Authority Having Jurisdiction may inspect the premises to determine the degree of hazard. When high hazard cross connections are found, the administrative authority shall, at its sole discretion: 1) develop a schedule of compliance which the customer shall follow or 2) terminate the water service until a backflow prevention assembly for containment required by the Authority Having Jurisdiction has been installed. Ordinance No. Page No. 11 h. Failure of the Authority Having Jurisdiction to notify a customer that said customer is believed to have a high hazard cross connection and that said customer shall install backflow prevention assemblies for containment in no way relieves a customer of the responsibility to comply with all requirements of this Section. 5. Customer. a. The customer shall. be responsible for ensuring that no cross connections exist without approved backflow protection within the customer's premises starting at the point of service from the public potable water system. b. The customer shall, at the customer's own expense, cause installation, operation, testing and maintenance of the backflow prevention assemblies required by the Authority Having Jurisdiction. c. The customer shall ensure the Authority Having Jurisdiction is provided with copies of records of the installation and of all tests and repairs made to the backflow prevention assembly on the approved form within fifteen (15) calendar days after testing and/or repairs are completed. d. If a backflow incident occurs, the customer shall immediately notify the City of Iowa City Water Division, the City of Iowa City Backflow Prevention Coordinator, and/or the City of Iowa City Plumbing Inspector and take steps to confine the contamination or pollution. 6. Required backflow prevention assemblies for containment - water services. a. A water service having one or more cross connections which the Authority Having Jurisdiction classifies as high hazard shall have an approved air gap or an approved reduced pressure principle backflow prevention assembly. b. Water services having no high hazard cross connections but having one or more cross connections which the Authority Having Jurisdiction has classified as low hazard shall have an approved double check valve assembly. 7. Required backflow prevention assemblies for containment - fire protection systems. a. A reduced pressure principle backflow prevention assembly shall be installed on all new and existing fire protection systems which the Authority Having Jurisdiction determines to have any of the following: 1. Direct connections from public water mains with an auxiliary water supply on the premises or available to the premises for pumper connection. 2. Interconnections with auxiliary water supplies, such as reservoirs, rivers, ponds, wells, mills or other industrial water systems. 3. Antifreezes or other additives in the fire protection system. . 4. Combined industrial and fire protection systems supplied solely from the public water mains, with or without gravity storage or pump suction tanks. 5. Any other facility, connection or condition which may cause contamination. b. All other fire protection systems shall have a double check valve assembly. The double check valve shall be required on all new systems at the time of installation and on existing systems when they are upgraded. 8. Backflow prevention assembly technicians. a. Any person who tests or repairs backflow prevention assemblies shall be registered by the Iowa State Health Department or its successor agency. b. A backflow prevention assembly technician registered by the State shall include the technician's registration number on all correspondence and forms required by or associated with this Section. 9. Installation of backflow prevention assemblies. a. All backflow prevention assemblies shall be installed so that they are accessible for testing as stated in Section 603.1 of 2006 UPC. b. The required backflow prevention assemblies for containment shall be installed in horizontal plumbing immediately following the meter or as close to that location as deemed practical by the administrative authority. In any case, it shall be located upstream from any branch piping. Installation at this point does not eliminate the responsibility of the customer to protect the water supply system from contamination or pollution between the backflow prevention assembly and the water main. c. If interruption of water service during testing and repair of backflow prevention assemblies for containment is unacceptable to the customer, two (2) backflow prevention assemblies, sized to handle the temporary water flow need during the time of test or repair, should be installed in parallel piping. d. All newly installed shut-off valves shall conform to the requirements for either ball or resilient seat gate valves published in the current edition of the Manual of Cross-Connection Control (University of Southern California), as amended. Ball valves shall be used on assemblies installed in piping two inches (2") and smaller, and resilient seat gate valves shall be used on assemblies installed in piping larger than two inches (2"). 10. Testing of backflow prevention assemblies. Ordinance No. Page No. 12 a. Backflow prevention assemblies shall be tested by a registered backflow prevention assembly technician, and the costs of tests required by this Section shall be paid by the customer. b. Backflow prevention assemblies shall be tested upon installation and shall be tested and inspected at least annually thereafter. c. Backflow prevention assemblies which are in place but which have been out of operation for more than three (3) months shall be tested before operation resumes. Backflow prevention assemblies used in seasonal applications shall be tested before operation resumes each season. d. Any backflow prevention assembly which fails a periodic test shall be repaired or replaced. When water service has been terminated for noncompliance, the backflow prevention assembly shall be repaired or replaced prior to the resumption of water service. Backflow prevention assemblies shall be retested by a registered backflow prevention assembly technician after repair or replacement. e. The registered backflow prevention assembly technician shall report the assembly within fifteen (15) calendar days of the test to the customer and to the Authority Having Jurisdiction on the form provided by the Authority Having Jurisdiction. f. The Authority Having Jurisdiction may require, at its own cost, additional tests of individual backflow prevention assemblies as it shall deem necessary to verify test procedures and results. 11. Repair of backflow prevention assemblies. a. All repairs to backflow prevention assemblies shall be performed by registered backflow prevention assembly technicians. b. The registered backflow prevention assembly technician shall not change or modify the design, material or operational characteristics of a backflow prevention assembly during repair or maintenance and shall use only original manufacturer replacement parts. c. The registered backflow prevention assembly technician shall report the repair of a backflow prevention assembly within fifteen (15) calendar days of the repair to the customer and to the Authority Having Jurisdiction on the form provided by the Authority Having Jurisdiction. The report shall include the list of materials or replacement parts used and shall summarize the work performed. 12. Customer noncompliance. Water service may be discontinued if a customer fails to comply with Section 17-2-3. Noncompliance includes, but is not limited to, the following: a. A customer's refusal to grant access to the property for the purpose of performing inspections required by this Section. b. Removal of a backflow prevention assembly which has been required by the Authority Having Jurisdiction. c. Bypassing a backflow prevention assembly which has been required by the Authority Having Jurisdiction. d. Providing inadequate backflow prevention when cross connections exist. e. Failure to install, test and/or properly repair a backflow prevention assembly which has been required by the Authority Having Jurisdiction. f. Failure to comply with the requirements of this Section. g. Deliberate falsification of documentation concerning the backflow prevention assemblies or possible cross connections. 13. Backflow Testing Equipment shall be calibrated by the manufacturer or certified gage calibration company every two years or sooner if recommended by the manufacturer. 17-2-4: GARAGE FLOOR DRAINS: Garages and other structures for the housing, sale, repair or for commercial washing of automobiles, which connect with the sewer, shall be provided with a proper means for draining the floors and repair pits so that no drainage therefrom shall flow over any street, alley, sidewalk or pavement approach. Such drains shall be constructed with a device for catching sand, silt Of other solids and shall have a seal depth of not less than six inches (6") above the sand receiver. The drain outlet shall not be smaller than a four-inch (4") connection. All materials used for vents and waste lines shall conform with the other provisions of this Code. The trap shall be constructed of cast iron, cement or hard burned brick laid in cement mortar with an accessible iron cover. Any place of business where gasoline, benzine, naphtha or other inflammable solutions or compounds are used or kept shall be provided with special drains in the same manner as those required for garages. Such drains and traps must be approved by the Administrative Authority. Exception: In garages regulated by the Building Code the trap may be constructed with other watertight materials and the drain may be piped with two (2) inch PVC as approved by the Authority Having Jurisdiction. 17-2-5: CONNECTIONS TO THE PUBLIC SANITARY SEWER: A. The junction pieces, slants or wyes built into the sanitary sewer during construction must be used for connecting all private sewers or house drains unless special permission to use othef means is endorsed on the permit. Before making a connection to the public sewer, the plumber shall excavate and clear a Ordinance No. Page No. 13 trench at the point of connection. The actual connection with said junction piece, slant or wye must be made in the presence of the Authority Having Jurisdiction. The cover on the wye branch on the sewer should be carefully removed to prevent injury to the socket. B. If there is no junction piece, slant orwyes already in the sewer, the Wastewater Superintendent shall be notified that a tap will be necessarY. The excavation shall be property prepared by the plumber and the sewer main completely uncovered. A City crew will inspect the tap made by the contractor or make the tap and install a sewer saddle for the plumber. C. In all cases, the excavation showing the connections shall be kept open by the plumber until the excavation has been inspected by the City. SECTION 5. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 6. PENALTIES FOR VIOLATIONS. The violation of any provision of this ordinance is a municipal infraction as provided in 1-4-2D of this code. SECTION 7. 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 8. EFFECTIVE DATE. This Ordinance shall be in effect after final passage, approval, and publication as provided by law. Passed and approved this _ day of ,2007. MAYOR ATTEST: CITY CLERK Approved by: ~ <6,~(}'....ot City Attorney's Office hisblglord/2006 code amendmenlsl2006 plumbing code.doc ~ Prepared by: Tim Hennes and Ryan Olson, 410 E. Washington St., Iowa City, IA 52240; 319-356-5122 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 17, CHAPTER 4, MECHANICAL CODE, BY ADOPTING THE 2006 EDITION OF THE INTERNATIONAL MECHANICAL CODE PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, AND PROVIDING FOR CERTAIN AMENDMENTS THEREOF; TO PROVIDE FOR THE PROTECTION OF THE HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF IOWA CITY, IOWA BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this ordinance is to adopt the 2006 Edition of the International Mechanical Code as published by th~ International Code Council; and to provide for certain amendments thereof; to provide for the protection of the health, welfare and safety of the citizens of Iowa City, Iowa, and to provide for its enforcement. SECTION II. Sections 17-4-1, 17-4-2, and 17-4-3 of the City Code are hereby repealed and the following new Sections 17-4-1, 17-4-2 and 17-4-3 are enacted in lieu thereof. 17-4-1: Code adopted: Subject to the following amendments, the 2006 Edition of the International Mechanical Code (IMC) is hereby adopted and shall be known as the Iowa City Mechanical Code or the Mechanical Code. Interpretations of the Building Official may be guided by publications of the International Code Council, Inc., or the 'ntemational Existing Building Code. . 17-4-2: Interpretation of Mechanical 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 citizens of Iowa City. Any higher standards in the state statute or City ordinance shall be applicable. 17-:4-3: Amendments to Code: The following sections of the 2006 edition of the International Mechanical Code are amended as follows: A. Modify entire code to replace "ICC Electrical Code" with "National Electric Code" and replace "International Plumbing Code" with "Uniform Plumbing Code". B. Section 101.1. Insert: "Iowa City". . C. Section 106.5.1. Delete Section 106.5.1 and insert in lieu thereof the following: Section 106.5.1 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 if a permit were issued. This fee shall be collected whether or not a permit is issued. 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. D. Section 106.5.2. Delete Sections 106.5.2 and insert in lieu thereof the following: 106.5.2 Permit Fees. The fee for each permit shall be as set forth in the mechanical permit fee schedule as established by resolution of the City Council. E. Section 106.5.3. Delete Section 106.5;3 and insert in lieu thereof the following: 106.5.3 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. F. Sections 108.4 and 108.5. Delete Sections 108.4 and 108.5. Section 109. Delete Sectio'n 109 in its entirety and insert in lieu thereof the following: Section 109 Appeals. See Section 17-12 Appeals in the City Code. G. Section 106.2 Modify by adding part "9" as follows: 9. The replacement of fixed appliances provided however that the replacement appliance is in the same location and has a rating equal to less than the appliance being replaced, and it is not necessary to remove, replace, alter, or install any additional ductwork or piping. H. Section 304.3.1. Delete section 304.3.1. I. Section 504.5. Delete section 504.5 in its entirety anc,j insert in lieu thereof the following: 504.5 Makeup air. All installations shall be provided with makeup air with an opening of not less than 100 square inches or as required by the manufactures' specifications. J. Section 506.3.3.1 Delete the. following from the first sentence "in the presence of the code official". K. Section 506.3.12.3 Modify the paragraph by adding the following "Where the exhaust outlet fronts an alley, the measurement may be taken from the center line of the alley." Ordinance No. Page _ It was moved by and seconded by as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn First Consideration 9/18/2007 Vote for passage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell. NAYS: None, ABSENT: None, Second Consideration Vote for passage: Date published ~ Prepared by: Tim Hennes and Ryan Olson, 410 E. Washington St., Iowa City, IA 52240; 319-356-5122 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 17, CHAPTER 4, MECHANICAL CODE, BY ADOPTING THE 2006 EDITION OF THE INTERNATIONAL MECHANICAL CODE PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, AND PROVIDING FOR CERTAIN AMENDMENTS THEREOF; TO PROVIDE FOR THE PROTECTION OF THE HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF IOWA CITY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this ordinance is to adopt the 2006 Edition of the International Mechanical Code as published by the International Code Council; and to provide for certain amendments thereof; to provide for the protection of the health, welfare and safety of the citizens of Iowa City, Iowa, and to provide for its enforcement. SECTION II. Sections 17-4-1, 17-4-2, and 17-4-3 of the City Code are hereby repealed and the following new Sections 17-4-1, 17-4-2 and 17-4-3 are enacted in lieu thereof. 17-4-1: Code adopted: Subject to the following amendments, the 2006 Edition of the International Mechanical Code (IMC) is hereby adopted and shall be known as the Iowa City Mechanical Code or the Mechanical Code. Interpretations of the Building Official may be guided by publications of the International Code Council, Inc., or the International Existing Building Code. 17 -4-2: Interpretation of Mechanical 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 citizens of Iowa City. Any higher standards in the state statute or City ordinance shall be applicable. 17 -4-3: Amendments to Code: The following sections of the 2006 edition of the International Mechanical Code are amended as follows: A. Modify entire code to replace "ICC Electrical Code" with "National Electric Code" and replace "International Plumbing Code" with "Uniform Plumbing Code". B. Section 101.1. Insert: "Iowa City". . C. Section 106.5.1. Delete Section 106.5.1 and insert in lieu thereof the following: Section 106.5.1 Work commencing before permit issuance: Any person who commences work on a building, structure, slectrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee equal to the amount of the permit if a permit were issued. This fee shall be collected whether or not a permit is issued. 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. D. Section 106.5.2. Delete Sections 106.5.2 and insert in lieu thereof the following: 106.5.2 Permit Fees. The fee for each permit shall be as set forth in the mechanical permit fee schedule as established by resolution of the City Council. E. Section 106.5.3. Delete Section 106.5.3 and insert in lieu thereof the following: 106.5.3 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. F. Sections 108.4 and 108.5. Delete Sections 108.4 and 108.5. Section 109. Delete SectiOn 109 in its entirety and insert in lieu thereof the following: Section 109 Appeals. See Section 17-12 Appeals in the City Code. G. Section 106.2 Modify by adding part "9" as follows: 9. The replacement of fixed appliances provided however that the replacement appliance is in the same location and has a rating equal to less than the appliance being replaced, and it is not necessary to remove, replace, alter, or install any additional ductwork or piping. H. Section 304.3.1. Delete section 304.3.1. I. Section 504.5. Delete section 504.5 in its entirety an<;l insert in lieu thereof the following: 504.5 Makeup air. All installations shall be provided with makeup air with an opening of not less than 100 square inches or as required by the manufactures' specifications. J. Section 506.3.3.1 Delete the following from the first sentence "in the presence of the code official". K. Section 506.3.12.3 Modify the paragraph by adding the following 'Where the exhaust outlet fronts an alley, the measurement may be taken from the center line of the alley." Ordinance No. Page 2 L. Section 507.2.1.1. Delete section and insert in lieu thereof the following: Operation. Where commercial cooking appliances are vented by means of a Type I or Type II kitchen exhaust hood system, the exhaust system shall be fan powered and the appliances shall be interlocked with the exhaust hood system to prevent appliance operation when the exhaust hood system is not operating. The activation of the exhaust fan shall occur through an interlock with the cooking appliances, by means of heat sensors or detectors, or by other approved methods. Where a solenoid valve is installed in the gas piping as part of an interlock system, gas piping shall not be installed to bypass such valve. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. PENALTIES FOR VIOLATIONS: The violation of any provision of this Ordinance is a municipal infraction punishable by a penalty as provided for in subsection 1-4-2D of this Code. SECTION V. 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 VI. EFFECTIVE DATE. This Ordinance shall be in effect upon final pass'age, approval and publication as provided by law. Passed and approved this _ day of ,2007. MAYOR ATTEST: CITY CLERK Appro~y "'" ~ <2<~dc>-n+ City Attorney's Office Hisbldg/ords/2006BCN2006 imc.doc Ordinance No. Page _ It was moved by and seconded by as read be adopted, and upon rollcall there were: AYES: NAYS: ABSENT: First Consideration 9/18/2007 Vote for passage: AYES: Bailey, Wilburn, NAYS: None, Second Consideration Vote for passage: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn that the Ordinance Champion, Correia, Elliott, O'Donnell, Vanderhoef, ABSENT: None, Date published ~ L.l2...J Prepared by: Tim Hennes and Ryan Olson, 410 E. Washington St., Iowa City, IA 52240; 319-356-5122 ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE TITLE 17, ENTITLED "BUILDING AND HOUSING," CHAPTER 13, ENTITLED "FUEL GAS CODE," BY ADOPTING THE 2006 EDITION OF THE INTERNATIONAL FUEL GAS CODE PUBLISHED BY THE INTERNATIONAL CODE COUNCIL AND PROVIDING FOR CERTAIN AMENDMENTS THEREOF TO PROVIDE FOR THE PROTECTION OF THE HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF IOWA CITY, IOWA. WHEREAS, the City of Iowa City is considering adopting international codes, including the International Building, Residential, Fire, and Mechanical Codes, that reference the 2006 Edition of the International Fuel Gas Code; and WHEREAS, it is in the best interest of Iowa City to adopt the 2006 Edition of the International Fuel Gas Code with certain local amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this ordinance is to adopt the 2006 Edition of the International Fuel Gas Code as published by the International Code Council; and to provide for certain amendments thereof; to provide for the protection of the health, welfare and safety of the citizens of Iowa City, Iowa, and to provide for its enforcement. SECTION II. Sections 17-13-1, 17-13-2, and 17-13-3 of the City Code are deleted and the following new Sections 1-3 are hereby added. 17-13-1: Code adopted: Subject to the following amendments, the 2006 Edition of the International Fuel Gas Code (IFGC) is hereby adopted and shall be known as the Iowa City Fuel Gas Code or the Fuel Gas Code. Interpretations of the Building Official may be guided by publications of the International Code Council, Inc., or the International Existing Building Code. 17-13-2: Interpretation of Fuel Gas 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 citizens of Iowa City. Any higher standards in the state statute or City ordinance shall be applicable. 17-13-3: Amendments to Code: The following sections of the 2006 edition of the International Fuel Gas Code are amended as follows: A. Modify entire code to replace "ICC Electrical Code" with "National Electric Code" and replace "International Plumbino Code" with "Uniform Plumbino Code". B. Section 101.1. Insert: "Iowa City" C. Section 106.2 Modify bv addino part "3" as follows: 3. 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. D. Section 106.5.1. Delete Section 106.5.1 and insert in lieu thereof the following: Section 106.5.1 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 if a permit were issued. This fee shall be collected whether or not a permit is issued. 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. E. Section 106:5.2. Delete Section 106.5.2 and insert in lieu thereof the following: 106.5.2 Permit Fees. The fee for each permit shall be as set forth in the mechanical permit fee schedule as established by resolution of the City Council. Ordinance No. Page 2 F. Section 106.5.3. Delete Section 106.5.3 and insert in lieu thereof the following: 106.5.3 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. G. Section 108.4 and 108.5. Delete Sections 108.4 and 108.5. H. Section 109. Delete Section 109 in its entirety and insert in lieu thereof the following: Section 109 Appeals. Any person aggrieved by a decision of the Building Official with regard to the International Fuel Gas Code may file an appeal as provided in Section 17-12 Appeals in the City Code. r. Section 303.3. Modify by deleting exceptions 3 and 4. J. Section 305.3.1 Delete section 305.3.1.. K. Section 404.1 Delete last sentence "Piping installed downstream of the point of delivery shall not extend through any townhouse unit other than the unit served by such piping." L. Section 505.1.1 Delete section and insert in lieu thereof the following: Operation of Commercial Cooking Appliances. Where commercial cooking appliances are vented by means of a Type I or Type II kitchen exhaust hood system, the exhaust system shall be fan powered and the appliances shall be interlocked with the exhaust hood system to prevent appliance operation when the exhaust hood system is not operating. The activation of the exhaust fan shall occur through an interlock with the cooking appliances, by means of heat sensors or detectors, or by other approved methods. Where a solenoid valve is installed in the gas piping as part of an interlock system, gas piping shall not be installed to bypass such valve. M. Section 614.5. Delete Section 614.5 in its entirety and insert in lieu thereof the following: 614.5 Makeup air. All installations will be provided with makeup air with an opening of not less than 100 square inches or as required by the manufacturers' specifications. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. PENALTIES FOR VIOLATIONS. The violation of any provision of this Ordinance is a municipal infraction punishable by a penalty as provided for in Section 1-4-20 of this Code. SECTION V. 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 VI. EFFECTIVE DATE. This Ordinance shall be in effect upon final passage, approval, and publication as provided by law. Passed and approved this day of ,2007. MAYOR ATTEST: CITY CLERK Approved by ~~-J~4 City Attorney's Office Hisbldg/ord/2006BCA/2006ifgc.doc Ordinance No. Page _ It was moved by and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: First Consideration 9/18/2007 Vote for passage: AYES: Champion, Bailey, NAYS: None, Second Consideration Vote for passage: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn that the Ordinance Correia, Elliott, O'Donnell, Vanderhoef, Wilburn, ABSENT: None. Date published ["~-l MEMORANDUM Date: August 23,2007 To: City Council From: Roger Jensen, Deputy Fire Chief John Grier, Fire Marshal Re: Notable changes to the 2006 edition of the International Fire Code The Fire Department, in cooperation with the Iowa City Fire Prevention Advisory Committee, present for your review notable changes to the 2006 International Fire Code (IFC). 106.4 NEW SECTION. Approvals. Comment: Clarifies that approvals resulting from an inspection do not allow any provision of the IFC or any ordinance of the jurisdiction to be violated. 202 NEW AMENDMENT. R-4 residential occupancy Comment: A definition change to require R-4 occupancies arranged for occupancy as residential care/assisted living facilities including more than five but not more than 16 occupants, including staff, meet the requirements for construction as defined in the International Building Code for Group R-3. 307.1.1 NEW AMENDMENT. Prohibited burning Comment: The relocation and correlation of these provisions clarifies that all open burning that is offensive, objectionable or hazardous can be prohibited or summarily extinguished by authority of the fire code official. 308.3.8 NEW SECTION. Group R-2 dormitories Comment: Adds prohibition on the burning of incense, candles or other open flame-producing items in dormitory sleeping units. 311.5 NEW SECTION. Placards Comment: This new section will enhance firefighter safety by requiring the use of a nationally recognized hazard notification marking system to identify the structural stability of vacant buildings declared to be dangerous and unsafe in accordance with Section 110. 401.6 NEW AMENDMENT. Building evacuation Comment: Requires all building occupants to promptly evacuate or implement the appropriate emergency plan and procedures upon activation of the building fire alarm system or upon notification by other means of detecting and reporting unwanted fire. 403.3 NEW AMENDMENT. Crowd manager Comment: Specifies when crowd managers are required to be present in Group A-2 occupancies and correlates training requirements and duties of a crowd manager. 2 503.2.8 NEW AMENDMENT. Fire apparatus roads Comment: Clarifies and aligns apparatus road design specifications with Iowa DOT requirements. 505.1 NEW AMENDMENT. Premises identification Comment: Clarifies the design of premises identification numbering. 511 NEW SECTION. Fire department radio communications Comment: Provides for the installation of amplified radio communications equipment in a building or structure in lieu of hard wired systems. 605: 1 0 NEW SECTION. Portable, electric space heaters Comment: Provides needed minimum safety requirements for the use of portable, electric space heaters within any occupancy. 901.9 NEW SECTION. Recall of fire protection components Comment: Added new requirement that fire protection system components that are subject to voluntary or mandatory recall under federal law are to be replaced and the fire code official notified. 903.2.1.2 NEW AMENDMENT. Group A-2 automatic fire sprinkler systems Comment: Adds locally adopted language to apply fire sprinkler requirements to affected Group A-2 occupancies. 903.2.1.6 NEW AMENDMENT. Group B occupancy fire sprinkler systems Comment: Adds locally adopted language to apply fire sprinkler requirements to Group B occupancies with an Alcohol Beverage Division License. 904.11.5.2 NEW SECTION. Class K portable fire extinguishers for deep fat fryers Comment: Adds specific fire extinguisher requirements for the protection of deep fat fryers based on the number and size of fryers. 907.2.1 NEW AMENDMENT. Group A-2 fire alarm systems Comment: Adds locally adopted language to apply fire alarm system requirements to affected Group A-2 occupancies. 907.2.10.1.2 NEW AMENDMENT. Group R-2, R-4 and 1-1 smoke alarms Comment: Specifies supervised smoke alarms for installation in common corridors and at the top and bottom of all stairway enclosures. 907.2.12.3.1 NEW AMENDMENT. Amplification systems for fire department radio communications Comment: Specifies system requirements to achieve adequate radio coverage in buildings and structures. The amplified system will operate in lieu of hard wired fire department communications systems. 910.3.2.2 NEW AMENDMENT. Sprinklered buildings Comment: Clarifies temperature differential requirements between sprinkler heads and heat detectors used to automatically activate smoke and heat vent equipment. 912.7 NEW AMENDMENT. FDC connection Comment: Specifies minimum fire department connection size and thread requirements. 3 1009.11.2 NEW SECTION. Protection at roof hatch openings Comment Guards are required when the roof hatch or mechanical equipment is provided within 10' of a roof edge. 1014.4.2 NEW SECTION. Aisle accessways in Group M Comment: Provisions were added to clarify the requirements for aisles and aisle accessways in Group M facilities. 1025.2 NEW AMENDMENT. Group A-2 exit width requirement Comment Adds locally adopted language to require the main entrance/exit width opening accommodate 2/3 of the occupant load in new Group A-2 occupancies. 1028.4 NEW SECTION. Exit signs Comment: Added requirements that exit signs be maintained and that exit signs must be unobstructed and readily discernable. 1028.7 NEW SECTION. Testing and maintenance Comment Added requirement that two-way communication systems installed in areas of refuge be inspected and tested annually. 3405.5.1 NEW AMENDMENT. Prohibits corridor installations of Class I or II alcohol-based hand rubs. Comment: Prohibits dispensing containers in Group E occupancy corridors. Hisblg/ord/2006 code amendments/2006 IFC Memo to BOA.doc 'Prepared by: Roger Jensen, Deputy Chief, and John Grier, Fire Marshal, 410 E. Washington Street, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 7, CHAPTER 1, FIRE PREVENTION AND PROTECTION, BY ADOPTING THE 2006 EDITION OF' THE INTERNATIONAL FIRE CODE TO REGULATE AND GOVERN 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 IN THE CITY OF IOWA CITY AND PROVIDING FOR THE ISSUANCE OF PERMITS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. 1. 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, 2006 edition, including Appendix Chapters B, C, 0, E, F, and G, 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 forthe 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. 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 1 08. Delete Section 108 in its entirety and insert in lieu thereof: See Title 17 Chapter 12 in this Code. Section 109.3 Insert: municipal infraction, as prescribed in 1-4-2. Section 111.4 Delete the remaining words of the sentence beginning with "liable to a fine" and insert in lieu thereof "as provided for in a municipal infraction." That the geographic limits referred to in certain sections of the 2006 International Fire Code are hereby established as follows: Section 3204.3.1.1. The storage of flammable cryogenic fluids in stationary containers is prohibited in the entire City of low~ Olty, lowl!lI. Exception: Zones I 1 &2, CI 1 and/or as approved by the Fire Chief. Section 3404.2.9.5.1. 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 3406.2.4.4. 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 I 1 &2, CI 1 and/or as approved by the Fire Chief. Ordinance No. Page 2 Section 3804.2. The storage of liquefied petroleum gas is prohibited in the entire City of Iowa City, Iowa. Exception: Zones I 1 &2, CI 1 and/or as approved by the Fire Chief. Section 102.1 Modify by adding a fifth applicability requirement to the end as follows: 5. A. A-2 Occupancies that existed prior to August 1, 2007 with an occupant load of 299 or more with an Alcoholic Beverage Division License (ABDL) shall comply with Section 903.2.1.2 by July 1,2010. B. A-2 Occupancies that existed prior to August 1, 2007 with an occupant load of 50-298 located on a floor other than the level of exit discharge and with an ABDL shall comply with Section 903.2.1.2 by July 1, 2013. , C. B Occupancies that existed prior to August 1, 2007 located on a floor other than the level of exit discharge and with an ABDL shall comply with Section 903.2.1.2 by July 1, 2013. D. All A-2 Occupancies that existed prior to August 1, 2007 with an occupant load of 100-298 with an ABDL shall comply with Section 903.2.1.2, provided that there is a change in business ownership, defined as the sale, transfer, or assignment of any legal or equitable ownership interest, except that the owner may show to the building official's satisfaction that said change in ownership is one of form and not substance. . Section 104.1.1 Add a. sentence to the end of the 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 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 108 Delete in its entirety. See 14-5-M of this Code. Section 202 Add a new definition to read as follows: CODE OFFICIAL. The Chief Officer of the Fire Department, the Fire Marshal, or the Chief's authorized representative. Section 202 Delete the existing definition and substitute the following: R-4 Residential occupancies shall include buildings arranged for occupancy as residential care/assisted living facilities including more than five but not more than 16 occupants, excluding staff. Group R-4 occupancies shall meet the requirements for construction as defined in the International Building Code for Group R-3, except as otherwise provided for in that code. Section 307 See also 6-6 of this Code. Section 307.1.1 Delete the section and replace with: Prohibited burning. Burning that is offensive or objectionable because of smoke or odor emissions or when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited. Section 307.1.2 Add a new section to read as follows: Hours of operation. A person shall not maintain any outdoor burning from 11 p.m. to 7 a.m. unless permitted and approved by the fire code official. Ordinance No. Page 3 Section 307.3 Delete the section and replace with: Extinguishment authority. The fire code official is authorized to order the extinguishment by the responsible person or the fire department of any burning that creates or adds to a hazardous or objectionable situation. Section 315.2 Add a sentence to the end of the section to read as follows: Combustible material storage shall be confined to approved storage areas, such that the presence of incidental storage in any other area of the building does not constitute a hazard. Section 401.6 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 MANAGEMENT. Crowd management meshes the design features of a facility, the established operating features of that facility, and an understanding of the occupants' expected natural behavior in that facility for a specific type of event. Section 403.3 Add a new section to read as follows: Crowd manager. 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 ration of one (1) crowd manager for every 250 occupants. The crowd manager shall receive approved training in crowd management techniques. Section 405.2 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. Fire drills in Group R, Division 2, Fraternities and Sororities, shall be conducted once per academic semester. Section 502.1 Add a sentence to the end of FIRE LANE definition to read as follows: See City Code 9- 4-13 (ordinance 98-3850,9-22-1998) for additional rules and regulations. Section 503.2.8 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 to the end of the section as follows: From 100-199 ft from the street the number shall be a minimum of 6 inches high with a minimum stroke of 0.5 inches. From 200-299 ft from the street the number shall be a minimum of 8 inches high with a minimum stroke of 0.5 inches. For each additional 100 ft from the street, the number shall increase by an additional 2 inches in height. 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. 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. Exceptions: Group R-3 and unsecured R-2 occupancies. Section 508.5.1 Delete exceptions 1 & 2. Section 511 Add a new section to read as follows: FIRE DEPARTMENT RADIO COMMUNICATIONS 511:1 Where required. No person shall erect, construct, maintain or modify any building or structure or any part thereof, or cause the same to be done which fails to support adequate radio coverage for City of Iowa City public safety services, including but not limited to police, fire, and public works departments. 511.1.1 AMPLIFICATION SYSTEMS ALLOWED Ordinance No. Page 4 Buildings and structures shall be equipped with any of the following, in order to achieve adequate radio coverage: 1) A radiating cable system or 2) An internal multiple antenna system with FCC Type Accepted Bi-Directional UHF Amplifiers as needed to encompass the frequency range stated below or frequency range subsequently established by the City of Iowa City or 3) A system that has been approved by the City of Iowa City as being capable of providing amplification to meet this ordinance requirements. 511.1.2 System Requirements: 1) The frequency that must be supported shall be 810.7125 to 815.2625 MHz and 855.7125 to 860.2625 MHz and adaptable to other appropriate emergency frequencies (700 MHz or greater). The system must be capable of encompassing the frequencies stated herein and capable of future modifications to a frequency range subsequently established by the City of Iowa City. 2) All system components must be 100 percent compatible with analog and digital modulations after installation without additional adjustments or modifications. 3) Mandatory use of FCC certificated equipment is required. 4) If any part of the installed system or systems contains an electrically powered component, the system shall be capable of operating on an independent battery and/or generator system for a period of at least twelve (12) hours without external power input. The battery system shall automaticalJycharge in the presence of an external power input. 5) Signal levels, percentage of coverage and reliability percentage. a. A minimum signal strength of one (1) microvolt [-107 dBm] available in 95% of the area of each floor of the building when transmitted from the City of Iowa City Communications Center; and b. A minimum signal strength of one (1) microvolt [-107 dBm] received at the City of Iowa City Communications Center when transmitted from 95% of the area of each floor of the building, via portable radio with public safety microphone; and c. A 95% reliability factor. 6) The installation of equipment as stated above can not be detrimental to the operation of the Public Safety Radio System. 7) Testing procedures. a. Initial tests will be performed by an agent of the City of Iowa City. Certificate of occupancy shall not be issued to any structure if the building fails to comply with this section. b. Annual tests will be conducted by the Iowa City Fire Department in conjunction with inspection procedures. Section 605.9 Delete the section and insert in lieu thereof: Temporary wiring. Temporary wiring for electrical power and lighting installations is allowed for a period not. to exceed 90 days for holiday decorative lighting, carnivals and similar purposes. Temporary wiring methods shall meet the applicable provisions of the Iowa City Electrical Code. Exception: Temporary wiring for electrical power and lighting installations is allowed during periods of construction, remodeling, repair or demolition of buildings, structures, equipment or similar activities. Temporary wiring methods shall meet the applicable provisions of the Iowa City Electrical Code. Section 605.10 Delete the section and replace with: Portable, electric, space heaters. Portable electric space heaters shall comply with Sections 605.10.1 through 605.10.5. Section 605.10.5 Add a new section to read as follows: Fully enclosed. Portable, electric space heaters shall be fully enclosed space heaters that by design have no external surfaces that reach temperatures capable of igniting materials placed against the surface. Section 804.3 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. Ordinance No. Page 5 Section 806.1 Add a sentence to the end of the section to read as follows: Natural or resin-bearing cut trees and natural decorative vegetation used in buildings open to the general public shall be properly treated with an approved flame retardant. Section 806.1.1 Delete the section and replace with: Restricted occupancies. Natural cut trees shall be prohibited in Group A, B, E, 1-1, 1-2, 1-3, 1-4, M, R-1, and R-4 occupancies. Exception: Trees located in areas protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 shall not be prohibited in Groups A, B, E, M and R-1. Section 807.4.3.1 Delete exceptions 1 & 2. Section 807.4.4.1 Delete exceptions 1 & 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 903.2.1.2 Delete Section 903.2.1.2 and insert in lieu thereof the following: Section 903.2.1.2 A. New Group A-2 Occupancies. An automatic sprinkler system shall be provided if one of the following conditions exist: 1) The fire area exceeds 5,000 square feet; 2) The fire area has an occupant load of 100 or more; or 3) The fire area is located on a floor other than the level of exit discharge. B. ExistinQ Group A-2 Occupancies and Group B Occupancies that existed prior to August 1, 2007. An automatic sprinkler system shall be provided throughout the A-2 occupancy if one of the following conditions exists: 1) The A-2 occupancy has an occupant load of 299 or more and has an ABDL. Exemption: Single business occupancies in single story nonabutting buildings; or 2) The A-2 occupancy has an occupant load of 50-298 and is located on a floor other than the level of exit discharge and has an ABDL; or 3) Group B Occupancies located on a floor other than the level of exit discharge and which have an ABDL; or 4) Group A-2 Occupancies with occupant load of 100 or more that have an ABDL and are not regulated in B1 or B2 above, provided: There is a change in business ownership, defined as the sale, transfer, or assignment of any legal or equitable ownership interest, except that the owner may show to the building official's satisfaction that said Change in ownership is one of form and not substance. Section 903.2.1.3 Delete the exception without substitution. Section 903.2.1.4 Delete the exception without substitution. Section 903.2.1.6 Add a new Section 903.2.1.6 as follows: Section 903.2.1.6. An automatic sprinkler system shall be provided throughout buildings and portions thereof used as new Group B occupancies with an ABDL or existing group B occupancy with a new (not a renewal) ABDL located on a floor other than the level of exit discharge. The automatic sprinkler system Ordinance No. Page 6 shall be provided throughout the floor area where the new Group B occupancy with an ABDL or where the group B occupancy with a new ABDL is located, and in all floors between the Group B occupancy and the level of exit discharge. 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 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. 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. Section 906.1 Delete the exception without substitution. Section 906.3 Add a sentence to the end of the section to read as follows: The minimum size and rating of any required portable fire extinguisher for Class A, Class B, or Class C hazard shall be 51b. 2-A, 10-B C. 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 907.10, unless other requirements are provided by another section of this code. Where automatic sprinkler protection installed in accordance with Section 903.3.1.1 or 903.3.1.2 is provided and connected to the building fire alarm system, automatic heat detection required by this section shall not be required. The automatic fire detectors shall be smoke detectors. Where ambient conditions prohibit installation of automatic smoke detection, other automatic fire detection shall be allowed. Section 907.2.1 Delete the exception in Section 907.2.1 in its entirety and insert in lieu thereof the following exceptions: EXCEPTION: 1) Except for Group A-2 occupancies with occupant loads of 200 or more, manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system and the alarm notification appliances will activate upon sprinkler water flow. . 2) Group A-2. An automatic/manual fire alarm system shall be installed in Group A-2 occupancies with occupant loads of 200 or more. Activation of the fire alarm shall additionally cause: a. Illumination of the protected premises to not less than 10 foot-candles over the area of the room at a height of 30 inches above the floor; and b. All conflicting or confusing sounds and visual distraction to automatically stop. Section 907.2.3 Modify by adding a sentence to the end of the first paragraph as follows: New and existing educational occupancies shall have a monitored fire alarm system. Section 907.2.3 Modify by adding a 4th exception as follows: 4. Day care occupancies c~assified as Group E Occupancy shall not require a monitored fire alarm system unless required elsewhere in the code. Section 907.2.10.1.2 Modify 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 1-1 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. Ordinance No. Page 7 Section 907.2.12.3 Delete the section and replace with: Fire department communication system. Where required. No person shall erect, construct, maintain or modify any building or structure or any part thereof, or cause the same to be done which fails to support adequate radio coverage for City of Iowa City public safety services, including but not limited to police, fire, and public works departments. 907.2.12.3.1 AMPLIFICATION SYSTEMS ALLOWED Buildings and structures shall be equipped with any of the following, in order to achieve adequate radio coverage: 1) . A radiating cable system or 2) An internal multiple antenna system with FCC Type Accepted Bi-Directional UHF Amplifiers as needed to encompass the frequency range stated below or frequency range subsequently established by the City of Iowa City. 3) A system that has been approved by the City of Iowa City as being capable of providing amplification to meet this ordinance requirements. 907.2.12.3.2 System Requirements: 1) The frequency that must be supported shall be 810.7125 to 815.2625 MHz and 855.7125 to 860.2625 MHz and adaptable to other appropriate emergency frequencies (700 MHz or greater). The system must be capable of encompassing the frequencies stated herein and capable of future modifications to a frequency range subsequently established by the City of Iowa City. 2 All system components must be 100 percent compatible with analog and digital modulations after installation without additional adjustments or modifications. 3) Mandatory use of FCC certificated equipment is required. 4) If any part of the installed system or systems contains an electrically powered component, the system shall be capable of operating on an independent battery and/or generator system for a period of at least twelve (12) hours without external power input. The battery system shall automatically charge in the presence of an external power input. 5) Signal levels, percentage of coverage and reliability percentage. a. A minimum signal strength of one (1) microvolt [-107 dBm] available in 95% of the area of each floor of the building when transmitted from the City of Iowa City Communications Center; and b. A minimum signal strength of one (1) mi~rovolt [-107 dBm] received at the City of Iowa City Communications Center when transmitted from 95% of the area of each floor of the building, via portable radio with public safety microphone; and c. A 95% reliability factor. 6) The installation of equipment as stated above can not be detrimental to the operation of the Public Safety Radio System. 7) Testing procedures. a. Initial tests will be performed by an agent of the City of Iowa City. Certificate of occupancy shall not be issued to any structure if the building fails to comply with this section. b. Annual tests will be conducted by the Iowa City Fire Department in conjunction with inspection procedures. Section 907.4 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 907.9 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 waterftow device for each normally occupied floor. Section 907.9.3 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. Section 907.15 Add to the end of the section as follows: Each address point identification shall have an alpha/numeric descriptor location. Alpha/numeric descriptor locations are required to be reported to the Iowa City Emergency Communications Center upon activation of supervisory and/or alarm conditions as Specified by the fire code official. Ordinance No. Page 8 Section 910.3.2.2 Delete section and replace with: Sprinklered buildings. Where installed in buildings provided with an approved automatic sprinkler system, smoke and heat vents shall be designed to operate automatically by actuation of a heat-responsive device rated at least 100 degrees F (38 degrees C) above the operating temperature of the sprinkler. Exception: Gravity-operated drop-out vents complying with Section 910.3.2.1. Section 912.7 Add a section to read as follows: Size. Minimum fire department connection size shall be 2 W' National Standard Thread. Section 1025.2 Delete the exception in Section 1025.2 in its entirety and insert in lieu thereof the following exceptions: EXCEPTION: 1) Except for Group A-2, in assembly occupanCies where there is no well-defined main exit or where multiple main exits are provided, exits shall be permitted to be distributed around the perimeter of the building provided that the total width of egress is not less than 100 percent of the required width. 2) 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 1026.1 Modify by deleting exceptions 1,2,4, & 7. Section 2306.7 Modify by deleting footnote "J" from TABLE 2306.2. Section 2703.5 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 3301.1.3 Delete exception 4 and insert in lieu thereof: The possession, storage, sale, handling and use of gold star producing sparklers on wires which contain no magnesium or chlorate or perchlorate, flitter sparklers in paper tubes that do not exceed one-eighth of an inch in diameter, toy snakes which contain no mercury or caps used in cap pistols. Section 3404.2.9 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 3404.2.11.2 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. Section 3404.2.13.2.4 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. Section 3405.5.1 Add an exception to read as follows: 6) Corridor installations are prohibited in Group-E occupancies. 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 its final passage, approval and publication, as provided by law. Ordinance No. Page 9 Passed and approved this _ day of ,2007. MAYOR ATTEST: CITY CLERK Approved by: ~ ~- () l-c>~ City Attorney's Office HisbldglOrd/2006 Code Amends/2006 IFC Ordinance. doc Ordinance No. Page _ It was moved by and seconded by as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef . Wilburn First Consideration 9/18/2007 Vote for passage: AYES: Correia, Elliott, 0' Donnell, Vanderhoef, Wilburn, Bailey, Champion. NAYS: None, ABSENT: None, Second Consideration Vote for passage: Date published ~ L.1L.I Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. ORDINANCE REPEALING ORDINANCE NO. 99-3872, CODIFIED AT TITLE 17 OF THE CITY CODE, ENTITLED "BUILDING AND HOUSING," CHAPTER 9, ENTITLED, "BUILDING CONSERVATION CODE," BECAUSE THE PROVISIONS ARE NOW INCLUDED IN THE BUILDING CODE. WHEREAS, Ordinance No. 99-3872, codified at Section 17-9, adopted the 1997 Edition of the Uniform Code for Building Conservation, to regulate the use and reuse of legally existing buildings; WHEREAS, the City's current Building Code, Section 17-2, provides the same regulation as the Uniform Code for Building Conservation, and thus Ordinance No. 99-3872 is duplicative and should be repealed; and WHEREAS, it is in the City's interest adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Ordinance No. 99-3872, which is codified at Title 17, entitled "Building and Housing," Chapter 9, entitled "Building and Conservation Code," is repealed in its entirety. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a municipal infraction or a simple misdemeanor. SECTION IV. 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 V. 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 ,2007. MAYOR APP~~ ~,~)~ ATTEST: CITY CLERK City Attorney's Office Ordinance No. Page _ It was moved by and seconded by as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef . Wilburn First Consideration 9/18/2007 Vote for passage: AYES: Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published M-\~ I'"' .........$ Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 ORDINANCE NO. 07-4282 AN ORDINANCE AMENDING TITLE 1, CHAPTER 9-3B OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA AND AMENDING THE BOUNDARY OF VOTING PRECINCT 16 IN IOWA CITY TO REFLECT A BOUNDARY CHANGE TO THE CORPORATE LIMITS OF IOWA CITY. WHEREAS, a boundary change to the corporate limits of Iowa City has rendered the codified voting precincts inaccurate; and WHEREAS, much of the land involved in the boundary change is currently undeveloped; and WHEREAS, it is appropriate and in the public interest to revise the boundaries of Precinct 16 to reflect said boundary change. . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 1, Chapter 9-3B(16) of the Code of Ordinances of Iowa City is hereby amended by deleting said paragraph and adopting in lieu thereof the following: 16. Precinct 16: Beginning at the intersection of Muscatine Avenue and Dover Street; north on Dover Street to Perry Court; west on Perry Court to Meadow Street; north on Meadow Street to Friendship Street; east on Friendship Street to Kenwood; north on Kenwood to Court Street east on Court Street to a point which is 261.42 feet along a bearing NOo029'01" W from the Southwest corner of the Southeast Quarter of Section 7, Township 79 North, Range 5 West of the 5th P.M. of Iowa City, Johnson County, Iowa; thence north along said bearing and section line to the Northwest corner of the Southwest 1/4 of the Northeast 1/4 of said Section 7; thence N 89050'44" E along the North line of the South 1/2 of the Northeast 1/4 of said Section 7, a distance of 532.19 feet; thence S 00001'04" W, a distance of 1311.29 feet to a point on the centerline of present Lower West Branch Road SE; thence east along Lower West Branch Road and the corporate limits of Iowa City to Taft Avenue; south along Taft Avenue and the corporate limits of Iowa City to American Legion Road; west along American Legion Road and the corporate limits of Iowa City to Muscatine Avenue and the point of beginning. 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 effect after its final passage, approval and ~rOE:djji:ssed. and approved this 18th day of September, 2007. MAYOR ATTEST: ~~. ~ C CLERK Approved by A/Udff~~ City Attorney's Office d/30" k?' OrdinallGe No. 07-4282 Page .2- It was moved by Bailey and seconded by as read be adopted, and upon roll call there were: Vanderhoef that the Ordinance AYES: NAYS: ABSENT: x x x x x x x Bailey Champion Correia' Elliott O'Donnell Vanderhoef Wilburn First Consideration 9 / 4/2007 Vote for passage: AYES: Correia, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, NAYS: None, ABSENT: None, Second Consideration ------------------- Vote for passage: Date published 9/26/2007 Moved by Bailey, seconded by Vanderhoef, that the rule requiring ordinances to be considere 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: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia, Elliott, NAys: None, ABSENT: None.