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2004-04-06 Public hearing
NOTZCE OF PUBI_tC HEAR.tNG Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the sixth day of April, 2004, in Emma .1. Harvat Hall, 4:10 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider: 1. An ordinance rezoning approximately 32,000 square feet from Central Business Service Zone (CB-2) to High Density Multi-Family Residential Zone (RNI-44) for property located at 302 and 308 South Gilbert Street. (REZ04-00003) . 2. an ordinance rezoning approximately 24.1 '~c~s¥,~--~ ~/~/~'/--~ acres from Interim Development Residential Zone (ID-RS) to Low Density Single-Family Residential Zone (RS-5), subject to conditions, for property located on South Sycamore Street, east of Southpoint Subdivision. (REZ04-00002) Copies of the proposed ordinances are on file for public examination in the office of the City Clerk, City Hall, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK Prepared by: Robert Miklo, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ04-00003) ORDINANCE NO. AN ORDINANCE CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 32,000 SQUARE FEET OF PROPERTY FROM CENTRAL BUSINESS SERVICE (CB-2) ZONE TO HIGH DENSITY MULTIFAMILY RESIDENTIAL (RM-44) ZONE FOR PROPERTY LOCATED AT 302 AND 308 SOUTH GILBERT STREET WHEREAS, the applicant, James A. Clark, has requested that said property be rezoned from Central Business Service (CB-2) to High Density Multifamily Residential (RM-44); and WHEREAS, The Comprehensive Plan encourages high density development near downtown and designates this property for mixed-use development; and WHEREAS, The proposed RM-44 zone is not strictly a mixed-use zone it does recognize the existing high-density residential development which is also encouraged by the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed rezoning. 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 present classification of Central Business Service (CB-2) to High Density Multifamily Residential (RM-44) and is hereby approved. 302 S. Gilbert Street - Beginning at the Northwest corner of Lot 1 of Lyman Cook's Subdivision of Outlot 25 of the Original Town Of Iowa City, Iowa, according to the recorded plat thereof; thence South eighty-five (85) feet; thence East one hundred and eighty-five (185) feet; thence North eighty-one (81) feet; thence West ten (10) feet; thence North four (4) feet; thence West one hundred and seventy-five (175) feet to the point of beginning, excepting the properly conveyed to the City of Iowa City by deed recorded at Book 2075, Page 112, in the records of the Recorder of Johnson County, Iowa. 308 S. Gilbert Street - Commencing at the Northwest corner of Lot 1 of Lyman Cook's Subdivision of Outlot 25 of the Original Town of Iowa City, Iowa, according to the recorded plat thereof; thence South eighty-five (85) feet to the point of beginning; thence East one hundred and eighty-five {185) feet; thence North eighty-one (81) feet; thence West ten (I0) feet; thence North four (4) feet; thence East thirty-five (35) feet; thence South two hundred and twenty-eight (228) feet; thence West forty (40) feet; thence South two (2) feet; thence West twenty (20) feet; thence North seventy-five (75) feet; thence West one hundred and fifty (150) feet; thence Nodh seventy (70) feet to the point of beginning. SECTION I1. REPEALER. All ordinances and pads of ordinances in conflict with the previsions of this Ordinance are hereby repealed. SECTION Itl. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of ,20 MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office ppdadm/ord/302*308sgilbert dcc Ordinance No. Page __ It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn First Consideration 4/6/04 Voteforpassage:AYES: I~i]burn, Bai]e~,, Champion, E]]iott, Lehman, O'Donne]], Vanderhoef. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published STAFF REPORT To: Planning & Zoning Commission Prepared by: Robert Miklo Item: REZ04-00003 Date: February 19, 2004 GENERAL INFORMATION: Applicant: James A. Clark 414 E. Market Street Iowa City, IA 52245 Requested Action: Rezoning from CB-2, Central Business Service to RM-44, High Density Multi-Family Residential Zone. Purpose: To bring current building in closer compliance with zoning. Location: Southeast corner of Gilbert Street and Burlington Street. Size: Approximately 32,000 square feet Existing Land Use and Zoning: Residential; CB-2 Surrounding Land Use and Zoning: North: P, Recreation Center South: RM-44, Residential East: CB-2, Commercial West: CB-5, Commercial Comprehensive Plan: Mixed Use, General Commercial File Date: January 29, 2004 45-Day Limitation Period: March 7, 2004 BACKGROUND INFORMATION: The applicant, James A. Clark, is requesting the rezoning of approximately 32,000 square feet of property from CB-2, Central Business Service, to RM-44, High Density Multi-Family Residential. The area under consideration is on the east side S. Gilbert Street and the south side of Burlington Street. It includes the buildings at 302 and 308 S. Gilbert Street. The CB-2 zone requires commercial uses on the ground floor; thus the existing buildings are non-conforming due to the first floor residential apartments. The proposed rezoning to RM-44 will make the buildings more conforming with the current zoning requirements and will allow the owner to modify the ground floor residential units according the to RM-44 zoning requirements. 2 ANALYSIS: Current Zoning: The current CB-2 zoning allows a variety of commercial uses, including retail, office, and auto and truck oriented uses, such as gas stations. In addition to commercial uses the zone allows residences above the ground floor. The zone is intended to provide a transition from the intense development of downtown to the less intense development located in adjoining areas. Proposed Zoning: The proposed RM-44 zone is intended for high-density development up to 44 dwelling units per acres. It allows very limited commercial uses, such as child care centers. Due to the density of development permitted RM-44 zones should be located near arterial streets. This portion of Gilbert Street and Burlington Street are considered to be arterial streets. Comprehensive Plan: This property is on the eastern edge of the Downtown Planning District. The Comprehensive Plan Land Use Map identifies this area for mixed-use development. The Comprehensive Plan also promotes higher density residential development near the downtown area because people who live near downtown can walk to work or class, will likely patronize downtown businesses, will add to the after hours vitality, and create a sense of safety in the downtown. Allowing high-density development near downtown also removes development pressure for high-density development in historic and outlying neighborhoods. The proposed RM-44 is not in strict compliance with the mixed-use land use designation of the Comprehensive Plan for this area, but does comply with the policy of encouraging high density housing near downtown. If this property were vacant or a candidate for redevelopment staff would be reluctant to recommend a residential zoning classification over a mixed-use zone. However given the age and relatively good condition of these properties, it is unlikely that they will redevelop for mixed-uses anytime in the near future. It should be noted that the draft zoning code anticipates the elimination of the CB-2 zoning district. If this occurs the City will need to rezone existing CB-2 properties to some other zoning category. For this property the proposed RM-44 zone, which accommodates the existing development, appears to be appropriate. Neighborhood Compatibility: The uses surrounding this property include high-density multifamily residential, commercial uses and the City's recreation center. The west side of Gilbert Street has commercial buildings. The area to the east contains an auto body repair shop. The property to the south is owned by the applicant and is zoned RM-44 and developed with apartment buildings that are similar to those located on the subject property. The proposed high-density multi-family zone would be compatible with this mix of uses. STAFF RECOMMENDATION: Staff recommends that REZ04-00003, an application from James A. Clark for a rezoning from CB-2, Central Business Service to RM-44, High Density Residential Multi-Family for property at 302 and 308 S. Gilbert Street be approved. ATTACHMENTS: Location Map Karin Franklin, Director, Department of Planning and Community Development Tlpcdlshe~ley/REZO2-OOOOIHanicklREZO2*OOOOls~aff COLLEGE ST P SITE LOCATION: 302-308 South Gilbert Street REZ04-O0003 City of Iowa City MEMORANDUM Date: March 4, 2004 To: Planning and Zoning Commission From: John Yapp, Associate Planner Re: SUB04-00005 General Quarters subdivision access issues Regarding the condition that construction traffic be required to use Sycamore Street for access to the General Quarters subdivision, staff would like to clarify what is being recommended. We believe we can work with the developer to require construction equipment associated with the initial grading and installation of the utilities and streets to access the property from Sycamore Street. This phase of development is when the heaviest and most disruptive vehicles will be on-site. However, as individual homes are being constructed over the next 2 to 5 years, it becomes impractical and unlikely that individual builders will continue to only access the site from Sycamore Street, especially once the Gable Street connection is dedicated as a public street and other service and utility t?affic is using the street. It would be difficult to enforce a requirement that construction-related pick-up trucks and vans not be allowed to use the Gable Street access, once the street is open. Therefore, staff suggests that the condition that construction traffic be required to access the property from Sycamore Street be for the construction of infrastructure. This will be spelled out with a note on the plat, and in the Conditional Zoning Agreement for the property. City of Iowa City MEMORANDUM Date: February 27, 2004 To: Planning and Zoning Commission From: John Yapp, Associate Planner Re: REZ04-00002 Niffenegger properly rezoning At the February 19 meeting, the Commission asked that staff look into requiring construction access for development on the Niffenegger property to be from Sycamore Street, as opposed to Stanwyck Drive and Gable Street, which are local residential streets. There is an existing farm access to Sycamore Street at the northwest corner of the Niffenegger property. There are two issues with this proposal. First, Sycamore Street is sometimes embargoed to heavy trucks during spring due to wet weather conditions. Second, some construction on the Gable Street extension and associated utilities will need to occur from the existing south terminus of Gable Street. Staff recommends adding a condition that to the extent possible, and except in times when Sycamore Street is embargoed to heavy vehicles, construction access will occur from Sycamore Street. Staff cautions that this type of condition can be difficult to enforce and is not always passed down to every driver of construction-related vehicles. However, adding the condition does raise awareness of the expectation that there should be minimal development-related traffic on Stanwyck Drive and Gable Street due to this development. A revised staff recommendation adding this condition is below. This revision also addresses a typographical error in the February 19 staff report that the sidewalk connection to the Sycamore Trail should be at the north east corner of the property, not the north west corner. STAFF RECOMMENDATION Staff recommends that REZ04-00002, a rezoning from ID-RS, Interim Development Residential, to RS-5, Low-Density Single-Family Residential, for approximately 24.1 acres of property located on South Sycamore Street east of the Southpoint Subdivision be approved subject to a conditional zoning agreement with the following conditions: 1. The subdivider is required to contribute toward the cost of improving South Sycamore Street at a rate of $78.75 per linear foot, or $2,894.68 per acre of property as it is final platted. 2. Up to 29 lots may be platted with access to Gable Street before a second access to Sycamore Street is required for further development to occur. After the 29 lots with access to Gable Street are developed, a connection to Sycamore Street is required before additional lots are platted. 3. No direct access to Sycamore Street will be permitted until the reconstruction of South Sycamore Street is in a funded year in the City's Capital Improvements Program. 4. The property owner and / or subdivider shall dedicate 45-feet of property from the centerline of South Sycamore Street as right-of-way for South Sycamore Street, along the property's frontage with South Sycamore Street. 5. To the extent possible, construction vehicle access shall be from Sycamore Street, except during times when heavy vehicles are embargoed on Sycamore Street. 6. To fulfill neighborhood design principles in the South District Plan and Comprehensive Plan, the following conditions shall apply to the subdivision design for the property: a. Street connections to the north (at Stanwyck Drive), west (at Dickinson Lane) and south are required; and b. At least 300 feet of public frontage along the Sycamore Greenway is required; and c. A sidewalk connection from the north east portion of the property to the Sycamore Greenway Trail is required. Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development STAFF REPORT To: Planning & Zoning Commission Prepared by: John Yapp Item: REZ04-00002, Niffenegger Property Rezoning Date: February 19, 2004 GENERAL INFORMATION: Applicant: Mike Roberts Construction 15 Tarton Drive North Liberty, IA 52317 665-5601 Applicant's Engineer: MMS Consultants 1917 S. Gilbert Street Iowa City, IA 52240 351-8282 Applicant's Attorney: Phil Left 122 S. Linn Street Iowa City, IA 52240 338-7551 Requested Action: Rezoning from ID-RS, Interim Development Residential, to RS-5, Low- Density Single-Family Residential Purpose: To establish single-family residential zoning Location: South Sycamore Street, east of Southpoint Subdivision Size: Approximately 24.1 acres Existing Land Use and Zoning: Agricultural; IDRS Surrounding Land Use and Zoning: North: Residential, RS-5 South: Agricultural, IDRS East: Agricultural, RS-8 West: Residential, RS-8 Comprehensive Plan: The South District Plan indicates detached single-family development is appropriate for this area; the plan states small apartment buildings or townhouses are appropriate at the edges of the neighborhood along arterial streets. File Date: January 29, 2004 45 Day Limitation Period: March 14, 2004 2 BACKGROUND INFORMATION: The applicant, Mike Roberts Construction, is requesting a rezoning from ID-RS, Interim Development Residential, to RS-5, Low Density Single-Family Residential for approximately 24.1 acres of property, located on the east side of South Sycamore Street across from Southpoint Subdivision,. The property is owned by the Niffenegger Family Trust and has been farmed for many years. Two years ago the Sycamore Greenway, a regional stormwater collection system and recreation corridor, was constructed along the north and east sides of this property. ANALYSIS: South District Plan The South District Plan identifies the area that the Niffenegger property is part of as appropriate for single-family development. The request for RS-5, Low Density Single Family Residential zoning is consistent with the South District Plan. The South District Plan also notes that small apartment buildings and small areas of townhouses are appropriately located at the edge of the neighborhood along arterial streets and near the neighborhood commemial center, major open space areas and institutional uses. The South District Land Use Plan Map shows a small area of apartment buildings adjacent to Sycamore Street on the Niffenegger property; however, the applicant is not pursuing this option and is only requesting single-family zoning for the property. The proposed rezoning is in general conformance with the Comprehensive Plan. Sycamore Street Sycamore Street at this location is a chip-seal road with a traffic load of 1,690 vehicles per day (2002 count). This level of traffic will increase as the area develops. Similar to recent rezonings adjacent to Lower West Branch Road, staff is recommending no additional access to Sycamore Street be permitted until Sycamore Street is in a funded year to be brought up to urban design standards. Staff also recommends that the applicant be required to contribute toward the cost of reconstructing South Sycamore Street as the property is platted. The rationale behind this recommendation is that rezoning this property to allow for urban development increases the need for Sycamore Street to be improved to urban design standards (curb and gutter, storm sewer, sidewalks, and a concrete surface). The need to improve Sycamore Street as surrounding properties are developed is not only related to the traffic load; it is also related to the mix of users using the corridor, including pedestrians, bicyclists, etc. Staff's estimate for reconstructing Sycamore Street is $630 per linear foot. To estimate what amount should be applied to the Niffenegger property, we used the formula developed by the Johnson County Council of Governments for assigning costs related to a street improvement. The first step is to apply the assumption that 75% of the function of an arterial street is for through traffic, while 25% is to provide access to adjacent properties. This is a standard that has been used locally for several years. This results in $157.5 per linear foot being applied as a cost to adjacent properties for access ($630 x .25 = $157.5). The next step is to divide this amount in half, as the Niffenegger properly is on only one side of Sycamore Street. This results in $78.75 per linear foot being applied to the Niffenegger property ($157.5 / 2 = $78.75). Since the property has 886.6 linear feet abutting Sycamore Street, the total cost is $69,819.75 (886.6 linear feet x $78.75 per linear foot = $69,819.75). This amounts to $2,894.68 per acre for this 24.12-acre property. These funds may be paid in conjunction with the final plat approval, along with the other development fees. If the applicant does not agree to this financial arrangement regarding contributions toward the reconstruction of Sycamore Street, staff recommends this rezoning be deferred or denied until Sycamore Street is improved to urban standards. The subdivider will also be required to dedicate right-of-way for Sycamore Street, in order to bring the right-of-way width to arterial street standards. The amount of right-of-way needed is 45 feet from the center line of Sycamore Street. This is consistent with the amount dedicated from the subdivision to the north, and will allow adequate width to bring the corridor to arterial 3 street standards in the future. Gable Street access Besides Sycamore Street, this property has an opportunity for access from Stanwyck Drive, a local, residential street to the north. Based on the City's guidelines for secondary access for local, residential streets, up to 500 vehicle trips per day can occur on a residential street before secondary access is needed. This is equal to approximately 71 single family lots, based on the 7 trips per day per household estimate used locally (71 households x 7 trips per household = 497 trips), that may be located on a single means of access before secondary access is required. Currently, 46 lots are located on Stanwyck Drive and Gable Street south of Lombard Street. Therefore an additional 25 lots may be developed off of Gable Street before the 500 trips per day threshold is reached. The applicant has requested the ability to develop 29 lots in the first phase of the development that would be developed off of Gable Street, in order to construct a street with two full rows of lots across the north side of the property, including the sidewalk connection to the Sycamore Trail. This would result in an estimate of 525 trips per day, slightly over the 500 trips per day threshold the City uses as a guideline. Because this would be a temporary situation until a connection to Sycamore Street is established staff is comfortable with allowing up to 29 additional lots off of Gable Street, provided a connection to Sycamore Street is required with any additional development of this property. Because Stanwyck Drive and Gable Street are improved City streets, these 29 lots may be developed before Sycamore Street is scheduled for improvement. Gable Street will have to be extended across a segment of public property, the Sycamore Greenway and Trail, in order to serve the Niffenegger property. This will be required to be done by the developer. Sycamore Greenway Segments of the Sycamore Greenway and Trail are located along the north and east sides of the Niffenegger property. The Sycamore Greenway was constructed to serve as a regional storm water collection system, and it also serves as a recreation trail, wetland, and habitat corridor. It is anticipated the sidewalk system in the eventual subdivision of this property will connect to the Sycamore Greenway Trail. To ensure this occurs, staff recommends this be a condition of rezoning. The South District Plan and Comprehensive Plan support integrated sidewalk and trail systems. Storm Water Management fee As noted above, the Sycamore Greenway was constructed to provide a regional storm water collection system for this area. In lieu of being required to construct individual storm water detention basins project by project, property owners and developers are required to pay a per- acre fee toward the Sycamore Greenway system as properties are developed. A portion of the cost of constructing the Sycamore Greenway is thereby recouped from the properties that drain into it. The fee is $2,775.68 per acre. This will be required at the time of final platting. By not being required to provide detention basins within the subdivision, subdividers are able to achieve more lots. Other development fees Other development fees, including the sanitary sewer tap-on fee ($1,796.50 per acre) and water main extension fee ($395 per acre) will be finalized at the time of platting. 4 Open Space Based on the city's adopted neighborhood open space formula, 0.57 acres of open space, or fees in lieu of open space, are required for this property based on single family residential zoning. The applicant will likely propose this open space to be added to the Sycamore Greenway property. The location of the open space or payment of fees will be finalized at the time of platting, based on a recommendation from the Parks and Recreation Commission. Anticipated street connections Street connections to Gable Street to the north, with Sycamore Street at Dickenson Lane to the west and to the south will be required when the property is platted, but staff is not recommending a street extension to the east. This is due to the Sycamore Greenway and a wooded wetland on the east side of the Niffenegger property. Staff also recommends that, with the platting of the Niffenegger property, at least 300 feet of public frontage be provided along the Sycamore Greenway (300 feet is the length of a small city block). The greenway is a significant public investment for functional (storm water and habitat) and recreational (trail) purposes. Public frontage along the greenway will help ensure it is an asset to the entire neighborhood, and will not be subsumed by private rear yards over time. As properties along the Sycamore Greenway are developed, staff will recommend periodic areas of public frontage to ensure the greenway is a public resource. Hydric Soils The Sensitive Areas Inventory Map identifies an area of potential hydric soils on the east side of the Niffenegger property. Hydric soils do not trigger the requirement for a Sensitive Areas OverPay rezoning - they will be identified at the time of platting as part of a Sensitive Areas Site Plan. Hydric soils may trigger requirements for sump pumps in basements and special construction of streets as part of final plat requirements. There are no other sensitive environmental features identified on this property. Summary Low-density, single-family residential RS-5 zoning is consistent with the South District Plan, which states, "detached single-family housing will be the predominant land use in the South District." Because South Sycamore Street is not constructed to urban standards, staff recommends no new access points to South Sycamore Street be permitted until improvements to the street are in a funded year in the City's Capital Improvements Program, and the developer contributes towards the cost of improving South Sycamore Street. Up to 29 lots may be developed off of Stanwyck Drive, an existing City street, before a second access to South Sycamore Street is required. Road connections to the south, north, and west are recommended to help fulfill the Comprehensive Plan's standard of an interconnected street system for our neighborhoods. A segment of public frontage and a sidewalk/trail connection to the Sycamore Greenway will ensure the greenway is integrated with the neighborhood, and becomes a transportation and recreational asset. STAFF RECOMMENDATION: Staff recommends that REZ04-00002, a rezoning from ID-RS, Interim Development Residential, to RS-5, Low-Density Single-Family Residential, for approximately 24.1 acres of property located on South Sycamore Street east of the Southpoint Subdivision be approved subject to a conditional zoning agreement with the following conditions: 1. The subdivider is required to contribute toward the cost of improving South Sycamore Street at a rate of $78.75 per linear foot, or $2,894.68 per acre of property as it is final platted. 5 2. Up to 29 lots may be platted with access to Gable Street before a second access to Sycamore Street is required for further development to occur. After the 29 lots with access to Gable Street are developed, a connection to Sycamore Street is required before additional lots are platted. 3. No direct access to Sycamore Street will be permitted until the reconstruction of South Sycamore Street is in a funded year in the City's Capital Improvements Program. 4. The property owner and / or subdivider shall dedicate 45~feet of property from the centerline of South Sycamore Street as right-of-way for South Sycamore Street, along the property's frontage with South Sycamore Street. 5. To fulfill neighborhood design principles in the South District Plan and Comprehensive Plan, the following conditions shall apply to the subdivision design for the property: a. Street connections to the north (at Stanwyck Drive), west (at Dickinson Lane) and south are required; and b. At least 300 feet of public frontage along the Sycamore Greenway is required; and c. A sidewalk connection from the northwest portion of the property to the Sycamore Greenway Trail is required. ATTACHMENTS: 1. Location map Approved by: Robed Miklo, Senior Planner, Department of Planning and Community Development ppdadmin~st~rep\niffenegger.doc grant Wood I~ Pork School i Wethe¢~ f D~ L^K[~ O.l~ PorI" LANGENB£RG A'~ IMITS SITE LOCATION: South Sycamore Street REZ04-O0002 STAFF REPORT To: Planning & Zoning Commission Prepared by: John Yapp Item: SUB04-00005 General Quarters Date: March 4, 2004 Preliminary Plat GENERAL INFORMATION: Applicant: Mike Roberts Construction 15 Tarton Drive North Liberty, IA 52317 665-5601 Applicant's Engineer: MMS Consultants 1917 S. Gilbert Street Iowa City, IA 52240 351-8282 Applicant's Attorney: Phil Left 122 S. Linn Street Iowa City, IA 52240 338-7551 Requested Action: Preliminary Plat Purpose: To establish a 29-1ot single family subdivision Location: South Sycamore Street, east of Southpoint Subdivision Size: Approximately 24.1 acres Existing Land Use and Zoning: Agricultural; ID-RS A request for RS-5, Single Family Residential Zoning has been requested Surrounding Land Use and Zoning: North: Residential, RS-5 South: Agricultural, IDRS East: Agricultural, RS-8 West: Residential, RS-8 Comprehensive Plan: The South District Plan indicates detached single-family development is appropriate for this area. File Date: February 12, 2004 45 Day Limitation Period: March 28, 2004 BACKGROUND INFORMATION: The applicant, Mike Roberts Construction, is requesting a preliminary plat of General Quarters, an approximate 24.1-acre, 29 lot single family subdivision on the east side of South Sycamore Street, south of Stanwyck Drive and Gable Street. A request to rezone this property from ID- RS, Interim Development Residential, to RS-5, Low Density Multi-Family Residential, was recently received and is also being considered. No action on the subdivision request may take place before action on the zoning change request. ANALYSIS: Subdivision Design: The subdivision consists of 29 lots located off of Gable Street, a local residential street extended from the south. The majority of the remainder of the property is in an outlot for future development. According to the staff-recommended conditions associated with the rezoning request for this property, additional development on this property would not be permitted until the reconstruction of Sycamore Street is funded, and a connection to Sycamore Street can be made. Sherman Drive is a new east-west street proposed along the northern portion of the property. A sidewalk connection to the Sycamore Trail is shown at the north east corner, and an easement for a future sidewalk connection to Sycamore Street from the west end of Sherman Drive is shown. Landscaping at the west end of Sherman Drive is also shown - this landscaping will help keep drivers from cutting through from the west end of Sherman Drive to Sycamore Street, as well as being positive aesthetically. Escrow funds will be required for this landscaping with the final plat, and the landscaping will be planted when Sycamore Street is reconstructed. A temporary hammer-head turn-around for emergency vehicles is included at the east end of Sherman Drive. Sycamore Street: Sycamore Street at this location is a chip-seal road with a traffic count of 1,690 vehicles per day (2002 count). This level of traffic will increase as the area develops. In conjunction with the zoning change request, staff has recommended no additional access to Sycamore Street be permitted until Sycamore Street is in a funded year to be brought up to urban design standards. Staff also recommends that the applicant be required to contribute toward the cost of reconstructing South Sycamore Street as the property is platted. The rationale behind this recommendation is that rezoning this property to allow for urban development increases the need for Sycamore Street to be improved to urban design standards (curb and gutter, storm sewer, sidewalks, and a concrete surface). The need to improve Sycamore Street as surrounding properties are developed is not only related to the traffic levels; it is also related to the mix of people using the corridor, including pedestrians and bicyclists. As pad of the rezoning analysis, staff has recommended the subdivider pay $78.75 per linear foot of S~,camore Street frontage toward the reconstruction of Sycamore Street. This amounts to $2,894.68 per acre. These amounts were developed according to a formula developed by the Johnson County Council of Governments. The legal papers associated with the final plat will be required to include the need for these funds to be paid toward the reconstruction of Sycamore Street. The subdivider is also required to dedicate right-of-way for Sycamore Street, in order to bring the right-of-way width to arterial street standards. The amount of right-of-way needed is 45 U:\subdivisions\General Quarters. DOC feet from the center line of Sycamore Street, and is shown on the plat. This is consistent with the amount dedicated from the subdivision to the north, and will allow adequate width to bring the corridor to arterial street standards in the future. The reconstruction of Sycamore Street is currently unfunded. Gable Street access: The subdivision is proposed to have access from Gable Street, a local residential street to the nodh. Based on the City's guidelines for secondary access for local, residential streets, approximately 500 vehicle trips per day can occur on a residential street before secondary access is recommended. This is equal to approximately 71 single family lots, based on the 7 trips per day per household estimate used locally (71 households x 7 trips per household = 497 trips), that may be located on a single means of access before secondary access is required. Currently, 46 lots are located on Stanwyck Drive and Gable Street south of Lombard Street, which means an additional 25 lots would be developed before the 500 trips per day threshold is reached. As pad of the rezoning request, the applicant requested 29 lots be permitted before secondary access is permitted, which equals approximately 525 vehicle trips according to our 7 trips per day per household estimate. This gives the applicant the ability to develop a street with two full rows of lots across the north side of the property, including the sidewalk connection to the Sycamore Trail. Staff is comfortable with allowing up to 29 additional lots off of Gable Street, provided a connection to Sycamore Street is required with any additional development of this property. Because Stanwyck Drive and Gable Street are improved City streets, these 29 lots may be developed before Sycamore Street is scheduled for improvement. The single access to Gable Street is a temporary situation until a connection to Sycamore Street is established. Gable Street will have to be extended across a segment of public property, the Sycamore Greenway and Trail, in order to serve the General Quarters subdivision. This will be required to be done by the developer. Sycamore Greenway: Segments of the Sycamore Greenway and Trail are located along the north and east sides of the Niffenegger property. The Sycamore Greenway was constructed to serve as a regional storm water collection system, and it also serves as a recreation trail, wetland, and habitat corridor. As recommended in the zoning analysis for the property, a sidewalk at the north east corner of the property is shown to connect to the Sycamore Trail. Storm Water Management fee: As noted above, the Sycamore Greenway was constructed to provide a regional storm water collection system for this area. In lieu of being required to construct individual storm water detention basins project by project, property owners and developers are required to pay a per-acre fee toward the Sycamore Greenway system as propedies are developed. A portion of the cost of constructing the Sycamore Greenway is thereby recouped from the properties that drain into it. The fee is $2,775.68 per acre, and will be required at the time of final platting. Other development fees: Other development fees, including the sanitary sewer tap-on fee ($1,796.50 per acre) and water main extension fee ($395 per acre) will be required prior to the first occupancy permit being issued. Open Space: Based on this 24.1-acre subdivision, 0.57 acres of open space is required to U:\subd[vis[ons\General Quarters DOC be dedicated. The applicant has proposed 0.2 acres of open space adjacent to the Sycamore Greenway with the first phase. It is anticipated another approximate 0.2-acre parcel will be dedicated with the second phase - fees in lieu of land may need to be paid for the balance of open space not dedicated. This subdivision will be reviewed by the Parks and Recreation Commission at their March meeting. Anticipated street connections: Street connections to Gable Street to the north, with Sycamore Street at Dickenson Lane to the west and to the south are recommended as conditions of the zoning approval. This subdivision complies with this by including the extension of Gable Street into this property. The other street connections are identified on the outlot for future development. Hydric Soils: The Sensitive Areas Inventory Map identifies an area of potential hydric soils on the east side of the Niffenegger property. These areas of hydric soils are shown on the plat, and the title is appropriately titled as a 'Preliminary Plat and Sensitive Areas Site Plan.' The final plat construction plans and legal papers will need to reflect special construction methods for infrastructure and basements in areas of hydric, or water-saturated soils. STAFF RECOMMENDATION: Staff recommends that SUB04-00005, an approximate 24.1-acre, 29 lot preliminary plat located east of Sycamore Street and south of Stanwyck Drive, be approved. ATTACHMENTS: 1. Location map 2. Preliminary plat Approved by: ,,~,¢~' Robert Miklo, Senior Planner, Department of Planning and Community Development U:\su bdivisions\General Quaders DOC CITY OF IO~A CITY ^v~ · · Fairmeadows~. ",/ ] Cronf Wood~ P~rk ST~ ~ ~ IMITS S~ ~O~ON: Sou~ Sycamore Street ] ,~ · I r~- , I L t m " ---"t~ m ~ ~ .%a~a.~.~.-~..~..~.~,~. Prehmlnary p at & Sens [ ve Areas Site Plan I.~/ I I ~ I . ~ --~~ ~ ~:' ,,.,- '~'~ ~ ~~/////////////~ ~ . . ,, _ ._ ~~~/////~//////~ f ,~1 ~ ~ ..... ~ ~~ ,. - / ~¢' mCATtON MAP NOT ?0 SCAL~ %~,~ Page 1 of 2 John Yapp From: Birnbaum, Anthony J [anthony-birnbaum@uiowa.edu] Sent: Tuesday, March 30, 2004 9:11 AM To: Joh n-Yapp@iowa-city.org Subject: Additional Comments on Roberts Development *** eSafe detected a hostile content in this email and removed it. *** [HTML Active Content: Objects Removed: 1-Invalid IMG Tag Mr. Yapp: I have meaning to contact you for quite some time, but kept procrastinating (a very bad habit of mine) regarding some additional issues that came to mind after the first zoning meeting regarding the proposed development behind our property. I had planned on attending the second zoning meeting a while back, but was unable to attend due to other conflicts. At any rate, as John Yoder and I were driving back from the first meeting, there were a couple of items that came to mind as we drove down Gable Street. The first is that since Gable is a "straight" street, i.e. no curves, etc., the concern arises that, human nature, being what it is, there will be a tendency on the part of motorists to "floor it", so to speak when driving down Gable, across the drainage ditch to get to the new development. Hence, I am wondering if the Council, when they meet next Tuesday, might consider putting in speed bumps on both the North and South side of the trail. Another option might be to have a four-way Stop where Gable and the bike path intersect. This may sound a bit extreme, but when my wife and I lived on First Avenue (1990-1996), we notice that on the back streets (i.e. 2nd Avenue, etc.) cars were always "gunning it" as it was a "straight shot" and putting both themselves and other drivers/pedestrians in danger. Four-way stops were put in and this seemed to solve the problem (almost miraculously I might add) which is why I mention it as a possibility here. My wife also mentioned that the intersection should be well lighted, but I'm assuming that this issue may have already been taken under consideration. If not, could you add this item to your list? I'm assuming that there will be warning signs posted on both the North and South side of the trail, indicating a bike crossing. If not, I believe that this should be considered as well. Finally, as Mr. Yoder pointed out at the first zoning meeting, there are a lot of small children (including my own) on Stanwyck Drive and with the increased traffic that this development will undoubtedly create, I'm wondering if the city could put up some warning signs (eg. SLOW - CHILDREN) perhaps on Lombard and/or on Stanwyck (both on the East and West side of Lombard)? I'm hoping to make it to the Council meeting next Tuesday, but I'm not sure at this point if I'll be able to make it. Therefore, if it's not too much trouble on your part, could you forward these concerns to the Council members (and, if necessary, to the Planning and Zoning Committee)? Thanks for you help and for listening to my concerns. I hope I haven't gone on too long ©. Sincerely: Anthony Birnbaum 163 Stanwyck Drive 354-5856 3/31/2004 Prepared by: John Yapp, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 (REZ04-00002) ORDINANCE NO. AN ORDINANCE REZONING APPROXIMATELY 24.1 ACRES FROM INTERIM DEVELOPMENT RESIDENTIAL ZONE (ID-RS) TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL ZONE (RS-5), SUBJECT TO CONDITIONS, FOR PROPERTY LOCATED ON SOUTH SYCAMORE STREET EAST OF SOUTHPOINT SUBDIVISION WHEREAS, Mike Roberts has applied for a rezoning of approximately 24.1 acres of property from ID- RS to RS-5; and WHEREAS, said properly is located on the east side of South Sycamore Street, south of Stanwyck Drive, and east of the Southpoint subdivision; and WHEREAS, the South District Plan identifies the area this property is in as appropriate for single family, residential development; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has heard public input, and has recommended approval subject to conditions; and WHEREAS, the conditions recommended by the Commission are related to funding future Sycamore Street improvements, access, and subdivision design considerations, in order to ensure the neighborhood design principles in the South District Plan are addressed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agreement attached hereto and incorporated herein, the property described below is hereby reclassified from Interim Development Residential Zone (ID-RS) to Low Density Single-Family Residential zone (RS-5): Commencing at the Northwest Corner of the Southwest Quarter of the Southeast Quarter of Section 23, Township 79 North, Range 6 West of the 5th P.M. Thence S00°36'54"E, along the west tine of Southwest Quarter of the Southeast Quarter of said Section 23, a distance 100.01 feet, to the Point of Beginning; Thence N88°34'07"E, 1028.47 feet; Thence Southeasterly, 85.80 feet, along an arc of a 100.00 foot radius curve, concave Southwesterly, whose 83.19 foot chord bears S66°51'04"E; Thence S42°16'14"E, 136.48 feet; Thence S00°43'02"E, 651.65 feet; Thence Southwesterly, 97.44 feet, along an arc of a 375.00 foot radius curve, concave Northwesterly, whose 97.17 foot chord bears S06°43'36"W; Thence S88°32'10"W, 1184.20 feet, to a point on the west line of said Southeast Quarter; Thence N00°36'54"W, along said west line 886.63 feet, to the Point of Beginning. Said tract of land contains 24.12 acres, and is subject to easements and restrictions of record. SECTION I1. ZONING MAP.The Building Inspector 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 this ordinance by law. SECTION III. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the property owners, the applicant, and the City of Iowa City. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, and after execution of the Conditional Zoning Agreement, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and the Conditional Zoning Agreement and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all 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. Ordinance No. Page 2 Passed and approved this __ day of ,20 MAYOR ATTEST: CITY CLERK Approved.by Cifr-~tio~ne~s ~ffice - ppdadm/ord/REZ04-00002.doc Prepared by: John Yapp, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (REZ04-00002) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Mike Roberts Construction (hereinafter "Applicant"), and Niffenegger Family Trust (hereinafter "Owner"); and WHEREAS, Owner is the legal titleholder of approximately 24.12 acres of property located on the east side of Sycamore Street south of Stanwyck Drive; and WHEREAS, the Applicant with the Owner's consent has requested the rezoning of said property from Interim Development Residential zone (IDRS) to Low-Density Single-Family Residential zone (RS-5); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding access, construction vehicle access, funding of future Sycamore Street improvements, and subdivision design provisions, the timing of the rezoning is appropriate and the single-family residential zoning is in conformance with the South District Plan; and WHEREAS, Iowa Code {}414.5 (2003) 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 does not cause a direct traffic impact on South Sycamore Street before it is funded for improvement, does not attract excessive construction-related traffic through residential streets, contributes to the future reconstruction of South Sycamore Street, and generally conforms to the neighborhood design principles of the South District Plan and Comprehensive Plan; and WHEREAS, Owner and Applicant agree to use 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 padies agree as follows: 1. Niffenegger Family Trust is the legal title holder and Mike Roberts Construction is the Applicant for a rez0ning of the property legally described as follows: Commencing at the Northwest Corner of the Southwest Quarter of the Southeast Quarter of Section 23, Township 79 North, Range 6 West of the 5th P.M. Thence S00°36'54'E, along the west line of Southwest Quarter of the Southeast Quarter of said Section 23, a distance 100.01 feet, to the Point of Beginning; Thence N88°34'07"E, 1028.47 feet; Thence Southeasterly, 85.80 feet, along an arc of a 100.00 foot radius curve, concave Southwesterly, whose 83.19 foot chord beare S66°51'04'E; Thence S42°16'14"E, 136.48 feet; Thence S00°43'02"E, 651.65 feet; Thence Southwesterly, 97.44 feet, along an arc of a 375,00 foot radius curve, concave Northwesterly, whose ppdadnYagt/cza*niffen egger.doc 1 97.17 foot chord bears S06°43'36'W; Thence S88°32'10"W, 1184.20 feet, to a point on the west line of said Southeast Quarter; Thence N00°36'54"W, along said west line 886.63 feet, to the Point of Beginning. Said tract of land contains 24.12 acres, and is subject to easements and restrictions of record. 2. Owner and Applicant acknowledge that the City wishes to ensure appropriate residential development that conforms to the principles of the Comprehensive Plan and South District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2003) 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, including provisions for funding of the adjacent arterial street, access to the property, and subdivision design principles. Therefore Owner and Applicant agree to certain conditions over and above City regulations as detailed below. 3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. The subdivider is required to contribute toward the cost of improving South Sycamore Street at a rate of $2,894.68 per acre of property as it is final platted. Said funds will be deposited with the City of Iowa City prior to the first occupancy permit being issued for any lot in any final plat on this property. b. Up to 29 lots may be platted with access to Gable Street before a second access to Sycamore Street is required for further development to occur. After the 29 lots with access to Gable Street are developed, a connection to Sycamore Street is required before additional lots are platted. c. No direct access to Sycamore Street will be permitted until the reconstruction of South Sycamore Street adjacent to the subject property is in a funded year in the City's capital improvements program. d. The property owner and/or subdivider shall dedicate 45 feet of property from the centedine of South Sycamore Street as right-of-way for South Sycamore Street, along the property's frontage with South Sycamore Street. e. To the extent possible, construction vehicle access shall be from South Sycamore Street, except during times when heavy vehicles are embargoed on South Sycamore Street. The developer/subdivider shall make every effort to communicate this to individual builders accessing the property. f. TO fulfill neighborhood design principles in the South District Plan and Comprehensive Plan, the following conditions shall apply to the subdivision design for the property: i. Street connections to the north (at Stanwyck Drive), west (at Dickinson Lane), and south are required; and ii. At least 300 feet of public frontage along the Sycamore Greenway Trail is required; and iii. A sidewalk connection from the northeast of the property to the Sycamore Greenway Trail is required. 4. The Owner, Applicant, and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code {}414.5 (2003), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner, 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. Applicant acknowledges 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 Apdl, 2004. CITY OF IOWA CITY NIFFENEGGER FAMILY TRUST Ernest Lehman, Mayor Attest: MIKE ROBERTS CONSTRUCTION Marian K. Karr, City Clerk Approved by: ppdadm/agt/cza-r~lffe~legg er .dcc 3 CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of , A.D. 20 , before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Ernest W. Lehman 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: NIFFENEGGER FAMILY TRUST ACKNOWLEDGEMENT: STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of ,20 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, who being by me duly swom, did say that the person is one of the partners of Niffenegger Family Trust, an Iowa General/Limited Partnership, and that the instrument was signed on behalf of the partnership by authority of the partners; and the partner acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it, and by the partner voluntarily executed. Notary Public in and for the State of Iowa My commission expires: ppdad rc*'agt/cza-niflenegger.doc 4 MIKE ROBERTS CONSTRUCTION ACKNOWLEDGEMENT: STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of , A.D. 20 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and , to me personally known, who, being by me duly sworn, did say that they are the and , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors~ and that the said and as such officers acknowledged 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 said County and State NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m., on the 6th day of April, 2004, in City Hall, Emma J. Harvat Hall, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider: 1. An ordinance amending and adopting the 2003 edition of the International Building Code and international Residential Code as the Iowa City Building Code. 2. An ordinance amending and adopting the 2003 edition of the International Fire Code as the Iowa City Fire Code. 3. An ordinance amending and adopting the 2003 edition of the Uniform Plumbing Code as the Iowa City Plumbing Code. 4. An ordinance amending and adopting the 2003 edition of the International Mechanical Code to be known as the Iowa City Mechanical Code. 5. An ordinance amending and adopting the 2002 edition of the National Electrical Code to be known as the Iowa City Electrical Code. 6. An ordinance amending Title 14, Chapter 5 of the City Code by adding a new Article N. International Fuel Gas Code to be known as the Iowa City Fuel Gas Code. Copies of the proposed ordinances are on file for public examination in the office of the City Clerk, City Hall, 410 E. Washington St., Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK hisbldg/codesnph.doc CITY OF I0 WA CITY MEMORANDUM Date: March 31, 2004 To: City Council From: Tim Hennes, Senior Building Ir,r,~pector'~ Roger Jensen, Fire Marshal ~ Re: Notable Changes Contained in the 2003 Editions of the Codes, 2002 National Electrical Code, and Local Amendments The editions of the nationally recognized codes are being forwarded to you for your consideration and approval. Staff has worked with the Iowa City Homebuilders Association, the Historic Preservation Commission, as well as the Board of Appeals in the review of these proposed codes. The Board of Appeals has unanimously recommended approval of the codes. Staff also recommends approval of the proposed codes. 1. International Building Code (IBC) and International Residential Code (IRC) (Local Amendments) 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. Change to Section R309.2 requiring 5/8" drywall on the ceiling of garages when habitable rooms are located above. Comment: Change increases the drywall thickness requirement from ~" to 5/8" to provide additional fire resistive separation at the ceiling between the house and garage. b. Amendment to Section R310.1.4 of the IRC and Section 1025.4 of the IBC adds the requirement that "special knowledge or effort" is no~t needed to open an emergency escape and rescue window. Comment: The purpose of this amendment is to ensure escape and rescue windows can be easily opened when protected with bars, grills, covers or screens. c. Amendment to replace Table 403.1, Minimum Width of Concrete or Masonry Footing, with the table that is currently being used. Comment: Amendment maintains minimum footing widths required in the current code and is in line with local practices. d. Amendments to Sections 708.1 and 711.3 of the IBC require a minimum one-hour fire resistive construction between dwelling units and other occupancies. Comment: Amendment helps clarify the fire resistive construction requirement between dwelling units and other occupancies. It also ensures that, at a minimum, one-hour fire resistive construction is provided at these separations. e. Change to Section 903.2.7 requires all Group R occupancies (residential), constructed under the IBC, to have an automatic fire sprinkler system installed. Comment: Change doesn't have an exception eliminating automatic sprinkler systems in one and two story buildings or buildings with less than 16 dwelling units. This does no.~t require automatic sprinkler system in single family dwellings, duplexes or townhouse units when constructed under the IRC. f. Amendment to Section G2406.2 eliminates the exceptions that allow unvented gas appliances in bathrooms and bedrooms. Comment: Amendment is necessary to prohibit unvented room heaters in bathrooms and bedrooms, regardless of the oxygen depletion safety shutoff system, the limited BTU input rating and the room volume criteria. The concerns are that the safety shutoff monitors only oxygen depletion and not carbon monoxide, and with the excess moisture that is generated from the operation of unvented heaters. 2, Uniform Plumbing Code There were no major changes to the Iowa City Plumbing Code other than rearrangement of the plumbing fixture chart for ease of reading. 3. National Electrical Code a. Article 80 is a new administrative section in the code. Comment: The article has been amended to incorporate existing administrative sections of the current city electrical code in a format constant with a national recognized administrative document. It does not change existing requirements but rather formats them in such that easier for clients to locate administrative requirements. b. New section 210.12 requires that an arc fault sensing device be installed to protect all branch circuits serving bedrooms. Comment: New requirement will assist in eliminating potential electrical fire hazards within concealed spaces and help protect from unsafe wiring conditions. Technology has evolved such that an over-current device has been developed to ensure unsafe arcing conditions w/Il trip the breaker to eliminate the hazard. c. New section 406.8.B requires exterior receptacles to have covers installed to protect the outlet when a cord is plugged as well as when the outlet is not in use. This section has been amended to require only the outlets that are used for longer periods of time, such as holiday lighting or for lawn irrigation, be equipped with the higher level of protection. Comment: Past code requirements required exterior outlets to be protected with a cover that didn't offer protection for the outlet when it was being used. The new section requires 2 protection for the outlet when it's in use as weft as when not in use. The amendment doesn't eliminate the protection requirement when the outlet is not in use but does eliminate the requirement for exterior outlets used for short periods of time, such as the required outlets at the front and rear ora house. d. Amended section 410.4 (D) to fudher specify locations of light fixtures in regard to proximity to a bathtub or shower. Comment: Amendment allows bath exhaust fans to be located closer to the bathtub or shower without requiring it to be GFCl protected. The amendment should help prevent nuisance tripping of required bathroom GFCl outlets by allowing a wiring option that doesn't require the bath fan to be GFCI protected. 4. International Fuel Gas Code The International Fuel Gas Code (IFGC) is a new code for the City that is referenced in most, if not all, the codes in the international code group, such as the International Building, Fire and Mechanical Codes. The IFGC applies to the installation of fuel-gas piping systems and equipment utilizing fuel-gas. The Uniform Plumbing Code also addresses fuel gas piping but doesn't cover all fuel gas utilizing equipment. 5. International Fire Code (See summary information from Fire Marshal on next page) cc: Doug Boothroy, Director, Housing and Inspection Services Bernie Osvald, Building Inspector Pat Hansen, Building Inspector Sue Dulek, Assistant City Attorney Andy Rocca, Chief, Fire Depadment Roger Jensen, Fire Marshal Board of Appeals Rob Phipps, President, The Greater Iowa City Area Home Builders Association Hisbldg\ord\2003 amendments\summarymemo.doc International Fire Code (IFC) -- Updates to the 2003 IFC. The majority of the changes to the model code are for clarification of a code requirement. Following are notable additions to the model code. NEW Section 107.6 Added a section the prohibits overcrowding and provides for immediate cessation of performances, presentations, etc., until overcrowding or dangerous conditions are remedied. NEW - Section 607.2 Added a section that requires all keys needed for the proper operation of emergency service elevators and hoisV,vay access keys be kept on the premises in an approved location. NEW - Section 609 Added section that defines and regulates hazards presented by new stationary battery technology. NEW Section 1026.21 Added section that requires existing stairs be provided with floor number markings on the same basis as new stairs to assist the fire department in promptly responding to the correct floor and to allow occupants to be aware of their egress progress under adverse conditions. NEW Section 1027.5 The new text not only requires that emergency escape openings be maintained as originally installed and approved but also provides for the regulations of bars, grilles, grates, or similar security devices installed on emergency escape openings. NEW - Section 2209 Added a section introducing safe regulations for safe generation, storage, use dispensing and handling of hydrogen gas as a fuel for motor vehicles. NEW - Section 2211.8 Added section introduces regulations for safe hydrogen defueling operations in repair garages servicing hydrogen-fueled vehicles. NEW Section 2701.3 Based on Chapter 22 of the ICC Performance Code for Buildings and Facilities this section provides the fire code official and regulated industries an alternative to detailed prescriptive regulations. NEW - Section 3007 Added a section to regulate compressed gases, including asphyxiates, irritants and radioactive gases that are not otherwise regulated by the material-specific chapter of the code. NEW - Section 3406.5.4.5 Added section allows the fueling of vehicles located at governmental, commercial, industrial or manufacturing establishments with Class II or III liquid motor fuels from tank vehicles. This new section includes 24 specific safeguards which must be taken in order to allow this new fueling methodology to be used. The majority of amendments to the IFC are for clarification of a code requirement or to reflect local practices that have evolved from previous fire codes and their amendments. Notable amendment changes or alterations to the 2003 IFC include: Section 105.2 Requires an application for an operational permit be submitted with ail required information not less than 14 days prior to the event. Section 305.6 Provides a non-indictable offense for the use of fire or any incendiary device or material in a way that recklessly endangers any property or safety of another. Section 901.2 (a & b) Provides minimum qualifications for the designers of fire alarm and water based f'ute protection systems. Minimally, a qualified person shall have a National Institute for Certification in Engineering Technologies [NICET] Level III certification for Automatic Sprinkler System LayouffFire Alarm Systems OR be a licensed engineer with experience in life safety system design. Section 903.4.2 Requires audible visual sprinkler flow alarm{s) to alert the occupants on each level of the interior of a building. Notification devices provide a means to notify occupants ora fire. Section 907.2 In new buildings and structures where a fire alarm is othe~vise required, provide an addressable manual, automatic, or manual and automatic fire alarm system. Addressable fire alarm devices provide the fire alarm control panel with device status and alphanumeric location. Digital addresses for each device or appliance can be assigned by the system hardware or software. Section 907.2 (a & b) States that addressable fire alarm systems shall be monitored by UL listed monitoring stations and that device address point IDs shall have an alpha/numeric descriptor. The locations are required to be reported to the Iowa City Emergency Communications Center upon activation of tamper and/or alarm conditions. Knowing the precise location of an alarm or trouble condition will shorten the time necessary for firefighters to find a problem and minimize subsequent damage to property. Section 907.2.3 Requires new and existing educational occupancies to have a monitored fire alarm system within (3) years of the adoption of the code. ICCSD does plan to have all of its buildings monitored this calendar year. Section 907.9 In new, multi-story buildings that are protected with automatic fire sprinkler systems, zones must include control valves and water flow devices for each normally occupied floor of the building. Inadvertent flows are more easily isolated and repaired with control valves provided for each floor of the building and the water flow devices will alert the fnce department to the floor of incident. Section 907.9.3 Requires existing fire alarm and/or annunciator panels to have all zones and address points permanently labeled on the outside of the panel or on an easily readable map of the building. Section 3204.3.1.1 Establishes geographic lira/ts in which the storage of flammable cryogenic fluids in stationary containers is prohibited. Section 3406.2.4.4 Establishes geographic limits in which the storage of Class I and Class II liquids in above-ground tanks is prohibited. Section 3804.2 Establishes geographic limits in which the storage of liquefied petroleum gas is restricted for the protection of heavily populated or congested areas. Prepared by: Tim Hennes, Sr. Building Inspector, 410 E. Washington St., Iowa City, IA 52240; 319-356-5122 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 14, CHAPTER 5, ARTICLE A, BUILDING CODE, BY ADOPTING THE INTERNATIONAL BUILDING CODE, 2003 EDITION, AND THE INTERNATIONAL RESIDENTIAL CODE, INCLUDING APPENDIX F RADON CONTROL METHODS, 2003 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 2003 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 I1. Sections 14-5A-1, 14-5A-2, and 14-5A~3 of the Iowa City Code are hereby repealed and the following new Sections 14-5A-1, 14-5A-2, and 14-5A-3 are enacted in lieu thereof. 14-5A-1: Code Adopted: Subject to the following amer~dments, the 2003 edition of the International Building Code (IBC) and 2003 Edition of the International Residential Code (IRC) 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. 14-5A-2: Interpretation of Building Code provisions: The provisions of this Code shall be held to 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. 14-5A-3: Amendments to Code: The following sections of the 2003 edition of the International Building Code and 2003 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 lieH thereof the followin,q 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 folrowin.q: 105.2.1 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 reapplicatJon of shingles and roof sheathing provided tess than 50% of the sheathing is replaced and other structural alterations are not required. 15. For structures regulated by the IRC reapprication of siding and windows provided: a. Window opening sizes are not altered and conforming rescue and escape windows are present in all sleeping rooms. 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 Ordinance No. Page 2 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 podion 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 propedy 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 IR(';,. 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 ($15,000), a plan review fee shall be paid before the permit may be issued. Should the project be abandoned and the permit not issued after the plan review has been started, the plan review fee shall still be due and payable. The plan review fee shall be as set forth by resolution of City Council. Plan review fees are separate fees from the permit fee specified in Section 108.2 and are in addition to permit fees. 'H. Section 108.4 of the IBC and IRC: Delete Section 108.4 in the IBC and iRC and insert in lieu thereof the following: 108.4 Work commencing before permit issuance: Any person who commences work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee equal to the amount of the permit fee if a permit were issued. This fee shall be collected whether or not a permit is issued. The payment of such fee shall not exempt any person from compliance with all other provisions of this Code or from any penalty prescribed by law. Only the Building Official may reduce this fee when it is demonstrated that an emergency existed that required the work to be done without a permit. I. Section 108.5 of the IRC: Delete Section 108.5 in the IRC and insert in lieu thereof the following: RI08.$ Refunds: The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. The Buirding 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. K. Section 109.3.5 of the IBC. Delete Section 109.3.5 in the IBC. L. 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: Ordinance No. Page 3 Section 112 Appeals: See Section 14~5M Appeals in the City Code, M. Section 202 of both the IBC and IRC. Add new definitions as follows: Family: See Section 14-6B Zoning Definitions in the City Code. Truss: is a pre-built and engineered component employing one or more triangles in its construction or an approved design and engineering component that functions as a structural support member. N. 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. O. 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 i Winter Shield Mean : Design Underlay Firm Air Freeze Annual i Temp. Required NFIP Maps Index Temp. i -5° F Yes 5-22-77 8-20-02 2000 50° F P. 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 (2/3) of the room. Q. Section R310.1 of the IRC. Modify by deleting Section R310,1 and insert in lieu thereof the following: R310.1 Emergency escape and rescue required. Basements and every sleeping room shall have at least one openable emergency escape and rescue opening. Where basements contain one or more sleeping rooms, emergency egress and rescue openings shall be required in each sleeping room, but shall not be required in adjoining areas of the basement. Where emergency escape and rescue openings are provided they shall have a sill height of not more than 44 inches (1118 mm) above the floor, Where a door opening having a threshold below the adjacent ground elevation serves as an emergency escape and rescue opening and is provided with a bulkhead enclosure, the bulkhead enclosure shall comply with Section 310.3. The net clear opening dimensions required by this section shall be obtained by the normal operation of the emergency escape and rescue opening from the inside. Emergency escape and rescue openings with a finished sill height below the adjacent ground elevation shall be provided with a window well in accordance with Section R310.2. The emergency escape and rescue opening egress 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. The emergency escape and rescue opening may open under a deck, porch or other building projection provided; a. there is at least 5 feet clearance between the ground and the lowest obstruction; and b. the window or door is located within three feet of one side of the projection; and c, the projection does not extend more than 12 feet beyond the wall containing the window or door. An emergency escape and rescue opening may open to any location under a deck, porch or other building projection provided there is at least 7 feet clearance between the ground and the lowest obstruction. 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. R. SECTION R310.1.4 OF THE IRC, Delete section R310.1.4 and insert in lieu thereof the following: R310.1.4 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. S. _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. T. Section R313.1.1 of the IRC. Modify by deleting the second exception and insert in lieu thereof the following: Ordinance No. Page 4 2. Repairs to the exterior surfaces and additions of uncovered decks or stoops are exempt from the requirements of this section. U. Section R322 of the IRC. Delete Section R322 in the IRC and add a new secfion 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 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 (90°), 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 tothe center of the switch. All receptacles shall be ~ocated at a height not less than fifteen inches (15") above the fin[shed 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. V. Section R323 of the IRC. Delete section R323 of the IRC and insert in lieu thereof the following: Section R323. See Section 14-6K-2 Frood Plain Management Ordinance in the City Code. W. Table 403.1 of the IRC. Modify by deleting Table 403.1 and inserting in lieu of the following: TABLE R403.'1 MINIMUM WIDTH OF CONCRETE OR MASONRY FOOTING (INCHES) LOAD-BEARING VALUE OF SOIL (Psf) Conventional light-frame construction 1-story I 16 12 10 8 7 I 6 :-story I 19 15 12 10 8 I 7 3-story 22 17 14 11 10 9 4-inch brick veneer over light frame or 8-inch hollow concrete masonry 1-story 19 15 12 10 8 7 .)-story 25 19 15 13 11 10 3-story 31 23 19 16 13 12 8-inch solid or fully grouted masonry 1-story I 22 17 13 11 10 9 -story I 31 23 19 16 13 12 3-story 40 30 24 20 17 15 For SI: inch = 25.4 mm, 1 pound per square foot = 0.0479 kN/mz Ordinance No. Page 5 X. Section R403.1.4.1 of the IRC. Modify by deleting both exceptions and inseding 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. Y. 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. Z. 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 Iowa Architectural Act shall be designed by a licensed structural engineer or constructed in accordance with the table and diagrams as follows: KEY: C.EL = Corner Bars ~ ~ FOUNDATION PLAN: = Span Wall I ~- .... ~ I ~ I ± ~ 8" & 12" Foundation Walls / ~ I · Provide corner bars to match Provide corner bars to match l horizontal foundation wall horizontal foundation wall reinforcing into span wall 2'-0" reinforcing into span wall IS) Span ITl Wall Thickness Boriz. Reinf.2 Corner Bar (CB)~.~ 10' or less S" #4 @ 12" 10' to 12' 8" #5 @ 12" 2'-6" 12' to 14' 8" #$ @ 12" 14'to 16' 12" #§ @ 12" 2'-6" 16' to 18' 12" #6 @ 14" 18' to 20' 12" #6 @ 12" I Frost Wall & Footinq Ordinance No. Page 6 __ 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 Ordinance No. Page 7 AA. Section R703.2 of the IRC. Modify as follows: Delete the exception in its entirety. BB. Table R703.4 of the IRC. Modify as follows: Change all the responses in the column titled "SHEATHING PAPER REQUIRED" to Yes. CC.Section 708.1 of the IBC. Modify by adding an additional numbered sentence as follows: 6. Walls separating dwelling units from other occupancies in the same building. DD. 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 302.3.2 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 706.3.7. Floor assemblies separating dwelling units in the same building or sleeping units in occupancies in Group R-l, hotel occupancies, R-2 and I-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-l, hotel occupancies, R-2 and I-1 shall be a minimum of 1-hour fire-resistance- rated construction. EE. 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 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. 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. FF. Section 903.3.7.2 of the IBC. Add a new Section 903.3.7.2 to the IBC to read as follows: 903.3.7.2 Clear space. A five (5) foot clear space shall be maintained around the fire department connections except as otherwise required or approved. GG. Section 903.3.7.3 of the IBC. Add a new Section 903.3.7.3 to the IBC to read as follows: 903.3.7.3 Exterior alarm. A listed weatherproof horn/strobe shall be mounted directly above the fire department connection between seven (7) and ten (10) feet in height above grade. The device shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. HH. Section 903.4.2 of the IBC. Modify by adding a sentence at the end of the section as following: Approved audible and visual sprinkler flow alarm(s) to alert the occupants shall be installed on each level of the interior of the building as required by the code official. II. 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 shall be provided in new buildings and structures in accordance with Sections 907.2.1 through 907.2.23. 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. An approved automatic fire detection system shall be installed in accordance with the provisions of this code and NFPA 72. Devices, combinations of devices, appliances and equipment shall comply with Section 907.1.2. The automatic fire detectors shall be smoke detectors, except that an approved alternative type of detector shall be installed in spaces such as boiler rooms where, during normal operations, products of combustion are present in sufficient quantity to actuate a smoke detector. (a) Addressable fire alarm systems shall be monitored by a UL listed monitoring station. (b) Each address point id 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 tamper and/or alarm conditions. JJ. Section 907.2.3 of the iBC. Modify by adding a sentence to the end of the section to read as follows: New and existing educational occupancies shall have a monitored fire alarm system within three (3) years after the adoption of this code. KK. Section 907.2.10.1.2 of the IBC. Modify by adding a fourth location requirement as follows: 4. Detectors shall be installed in all common corridors and at the top and bottom of all stairway enclosures in R-2 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. LL. 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. MM. Section 907.8 of the IBC. Modify by deleting the exception and inserting in lieu thereof the following exception: Ordinance No. Page 8 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. NN. 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 ail 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. OO. Section 907.9.1.1 of the IBC. Modify Section 907.9.1.1 by adding a second paragraph as follows: A listed weatherproof horn/strobe shall be mounted at the exterior directly above the fire department connection between seven (7) and ten (10) feet in height above grade. PP. 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. QQ. Section 1009.11. 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 a 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. RR. Section 1019.1.1 of the IBC. Modify Section 1019.1.1 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. SS. Section 1025.1 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 which have an exit door or exit access door that opens directly into a public street, public alley, yard, egress court or to an exterior exit balcony that opens to a public street, public alley, yard or egress court. TT. Section 1025.1.1 of the IBC. Add a new Section 1025.1.1 in the IBC as follows: 1025.1.1 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 The emergency escape and rescue opening may open under a deck, porch or other building projection provided; a. there is at least 5 feet clearance between the ground and the lowest obstruction; and b. the window or door is located within three feet of one side of the projection; and c. the projection does not extend more than 12 feet beyond the wall containing the window or door. An emergency escape and rescue opening may open to any location under a deck, porch or other building projection provided there is at least 7 feet clearance between the ground and the lowest obstruction. 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. UU. Section 1025.4 of the IBC. Delete Section 1025.4 and insert in lieu thereof the following: 1025.4 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 1025.2 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. W. 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 661-16 division VII of the iowa State Administrative Code. Ordinance No. Page 9 WW. Section 1207 of the IBC. Modify by deleting Section 1207 in its entirety. XX. 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 eccassible 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. YY. Section 1403.6 and 1403.7 of the IBC. Delete Section 1403.6 and 1403.7 of the IBC and insert in lieu thereof the following: Section 1403.6. See Section 14-6K-2 Flood Plain Management Ordinance in the City Code. ZZ. Section G2406.2 (303.3) Prohibited locations of the IRC Modify by deleting exceptions 3 and 4. AAA. Part VII Plumbinq Chapters 25 throu.qh 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 Code. P2501.1 Scope. Plumbing systems shall comply with Title 14, Chapter 5 Article B, of the Iowa City BBB. ~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 14, Chapter 5 Article C, of the Iowa City Code. CCC.Ch_..h~pter 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 14, Chapter 5 Article B, of the Iowa City Code. DDD. Part VIII Eiectrical, 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 14, Chapter 5 Article C, of the Iowa City Code. EEE. Section 3410.2 of the IB~C. 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. SECTION II1. 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. 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 DATF This Ordinance shall be in effect July 1,2004. Passed and approved this. day of 20__ MAYOR ATTEST: CITY CLERK City Attorney's Office hisbdg/ord/20024~3 bidg code amend/2003 ibc & irc.doc Ordinance No. Page. It was moved by and seconded by that the Ordinance as read be adopted, and upon tell call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilbum First Consideration 4/6/04 Vote for passage: AYES: Baile~,, Champion, E11iott, Lehman, O'Donnell, Vande~'hoef, I~'ilburn. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published Prepared by: Roger Jensen, Fire Marshal, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5257 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 7, CHAPTER I, FlEE PREVENTION AND PROTECTION, ADOPTING THE 2003 EDITION OF THE INTERNATIONAL FIRE CODE, 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 OE PROPERTY IN THE OCCUPANCY OF BUILDINGS AND PREMISES IN THE CITY OF IOWA CITY; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE; REPEALING ORDINANCE NO. 02-4034 OF THE CITY OF IOWA CITY AND ALL OTHER ORDINANCES AND PARTS OF THE ORDINANCES IN CONFLICT THEREWITH. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: ~ 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, 2003 edition, including Appendix Chapters B, C, D, 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 for the issuance of permits and collection of fees therefore; 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. Section 7-1-1 through 7-1-4 of the Iowa City City Code is hereby repealed and the following new Section 7-1 is enacted. ~ That the following sections are hereby revised: Section 101.1 Insert: Iowa City, Iowa Section 109.3 Insert: simple misdemeanor, 500, 30 days Section 111.4 Insert: 50,500 ~ That the geographic limits referred to in certain sections of the 2003 International Fire Code are hereby established as follows: Section 3'204.3.1.1. The storage of flammable cryogenic fluids in stationary containers 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 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. Section 3804.2. The storage of liquefied petroleum gas is prohibited in the entire City of Iowa City, Iowa. Exception: Zones I I&2, CI 1 and/or as approved by the Fire Chief. ~ Fees for inspections. Fees for inspections and other services related to enforcement of this Code shall be established by the City Council by resolution and paid to the Fire Department. Eu~ Amendments to the Fire Code. The following sections are amended to read as follows: 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 Ordinance No. Page 2 shall be subject to the rules and regulations of the Iowa City Fire Depadment 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 podion 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 305.5 Add a new section to read as follows: The use of portable heaters shall be approved by the Fire Chief. Section 305.6 Add a new section to read as follows: No person shall so use fire or any incendiary device or material as to recklessly endanger any property or safety of another. 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 307 See also 6-6 of this Code. 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 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 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 Christmas 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 803.3.1 Delete exceptions 1 & 2. Section 803.4.1 Delete exceptions 1 & 2. Section 804.1 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 804.1.1 Delete the section and replace with: Restricted occupancies. Natural cut trees shall be prohibited in Group A, B, E, I-1, I-2, I-3, I-4, M, R-l, 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, E, M and R-1. Section 901.2 (a) Add a new section to read as follows: Water based fire protection systems. Working plans submitted to the fire depadment 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 903.3.7.1 Add a new section to read as follows: A five (5) foot clear space shall be maintained around the fire department connections except as otherwise required or approved. Ordinance No. Page ~ Section 903.3.7.2 Add a new section to read as follows: A listed weatherproof horn/strobe shall be mounted directly above the fire department connection between seven (7) and ten (10) feet in height above grade. The device shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Section 903.4.2 Add a sentence to the end of the section to read as follows: Approved audible visual sprinkler flow alarm(s) to alert the occupants shall be installed on each level of the interior of the building as required by the code official. Section 906.3 Add a sentence to the end of the section to read as follows: The minimum rating of any required portable fire extinguisher for Class A, Class B, or Class C hazard shall be 2-A, 10-B C. Section 907.2 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 shall be provided in new buildings and structures in accordance with Sections 907.2.1 through 907.2.23. 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. An approved automatic fire detection system shall be installed in accordance with the provisions of this code and NFPA 72. Devices, combinations of devices, appliances and equipment shall comply with Section 907.1.2. The automatic fire detectors shall be smoke detectors, except that an approved alternative type of detector shall be installed in spaces such as boiler rooms where, during normal operations, products of combustion are present in sufficient quantity to actuate a smoke detector. (a) Addressable fire alarm systems shall be monitored by a UL listed monitoring station. (b) Each address point id 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 tamper and/or alarm conditions. Section 907.2.3 Add a sentence to the end of the section to read as follows: New and existing educational occupancies shall have a monitored fire alarm system within three (3) years after the adoption of this code. 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 waterflow 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 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 ~ 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 3404.3 Delete the section and insert in lieu thereof: Container and portable tank storage. Storage of flammable and combustible liquids in closed containers that do not exceed 60 gallons (227 L) in individual capacity and portable tanks that do no exceed 300 gallons (1134 L) in individual capacity, and limited transfers incidental thereto, shall comply with this section. ~. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Ordinance No. Page 4 SECTION VII 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 VIII 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 Approved by City Attorney's Office Ordinance No. Page _ It was moved by. and seconded by _ that the Ordinance as read be adopted, and upon mil call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilbum First Consideration 4/6/04 Voteforpassage: AYES: Champion, Elliott, Lehman, 0'Donne]], Vanderhoef, Wilburn, Bailey. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published Prepared by: Tim Hennes& Bernie Osvald, HIS, 410 E. Washington St., Iowa City, IA 52240; 319-356-5122 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, CHAPTER 5, ARTICLE B, OF THE IOWA CITY CODE OF ORDINANCES, BY ADOPTING THE 2003 EDITION OF THE UNIFORM PLUMBING CODE, WITH CERTAIN AMENDMENTS, 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 I1. PURPOSE. It is the purpose of this ordinance to adopt the 2003 Edition of the Uniform Plumbing Code as prepared and edited by the International 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 II1. 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 CODF. Section 14-5B in its entirety of the Iowa City Code is hereby repealed and the following new Section 14-5B is added. 14-5B~1: CODE ADOPTED: Subject to the amendments described in Section 14-5B-2 below, Chapters 1 through 10 AND 12 through 15 of the 2003 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. 14-5B-2: AMENDMENTS TO CODE: The Plumbing Code adopted by Section 14-5B-1 of this Article is hereby amended as follows: 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. Violations 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. Delete Section 103~1.2 in its entirety and insert in lieu thereof the following: 103.1.2 Exempt Work. A permit shall not be required for the following: '103.1.2.1 The stopping of leaks in water, drain, soil, waste or vent pipe, provided, however, that should any water pipe, drainpipe, soil, waste or vent pipe, or concealed trap become defective and it becomes necessary to remove and replace the same with new material, the same shall be considered as new work and a permit shall be procured and inspection made as provided in this Code. 103.1.2.2 The clearing of stoppages, including the removal and reinstallation of water closets or; the repairing of leaks in pipes, valves or fixtures, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes, or fixtures. 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 existing owner-occupied single-family dwelling, pursuant to a valid certificate of occupancy and used exclusively for residential purposes, to do any work regulated 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 Ill certified person or an engineer licensed in the State of Iowa with experience in fire protecfion 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 Administrative Authority 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: 103.4.4 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 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. 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. 103.9 Appeals See Section 14-5M 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 journeyman 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, lay out, 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 413.0 Delete Section 413.1 through 413.3 and Table 4-1 in its entirety and insert in lieu thereof the following: 413.1 Every building intended for human occupancy shall be provided with sanitary facilities as required by this Section and Table 4-1. The occupant Icad used to determine the minimum number of sanitary fixtures shall be the occupant Icad established by the 2003 International Building Code in Section 1004 and Table 1004.1.2. The established occupant Icad shall be assumed to be one-half (%) male and one-half (%) female unless sufficient evidence to the contrary is supplied to the administrative authority. Exception: When toilet facilities are provided for employees only, the occupant Icad shall be the actual number of employees on the largest shift. 413.2 Buildings with the total occupant Icad 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 Icad of sixteen (16) or more shall provide separate facilities for each sex. Table 4-17 Fixtures Per Person ~ Type of Buildin~ Water Closets/Urinals 9 Lavatories6 Bathtubs Drinking3 or Occupancy or Fountains Showers Male I Female Male I Fomale For employee or staff use in all 1:1-15 1:1-15 1 for each 2 water closets occupancies except industrial 2:16-35 2:16-35 or urinals warehouses, workshops, facto- 3:36-55 3:36-55 ries, foundries and similar es- tablishments. 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 Assembly places, i.e. theaters, 1:1-30 1:1-15 1:1-75 1:1-30 auditoriums, etc. 2:31-75 2:16-30 2:76-200 2:31-100 3:76-125 3:31-50 3:201-400 3:101-200 1:1-150 4:126-200 4:51-100 4:201-300 2:151-400 5:201-300 5:101-150 5:301-400 6:301-400 6:151-200 3:401-750 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 10 I 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 I 1per room I 1per room J l per room J Ward room 1 per 8 beds 1 per 10 beds 1 per 20 beds Institutional- other than hospi- 1 per25 1 per20 1 perlO 1 perlO 1 per8 1 per 150 tals or penal institutions Office or public buildings 1:1-15 1:1-15 1 for each 2 water closets 1 per 150 2:16-35 2:16-35 or urinals 3:36-55 3:36-55 Over 55, add 1 fixture for each additional 40 persons Wholesale~° and retail stores 2:250-500 2:250-400 1 for each 2 water closets 1 for each 3:501-750 3:401-600 or urinals pair of 4:751-1,000 4:601-800 restroom 5:801-1,000 facilities Over 1,000 Over 1,000 add 1 fixture add 1 fixture for each addi- for each addi- tional 500 tiona1400 fe- males males Restaurants8 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 Restaurantsa which serve 1 ;1-30 1:1-30 1 for each 2 water closets alcohol, 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 Over 400, add 1 fixture for 1 fixture for each 175 each 150 fe- males males 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 Principal assembly place 1 per 150 1 per 150 1 for each 2 water closets 1 per 150 or urinals 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 administrative authority. 3. Drinking Fountains Required: There shall be a minimum of one (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. 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. 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. 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-half (¼) of the total number required for the first six (6) fixtures nor less than one-third (1/3) of the total number required if the total required exceeds six (6). 10. Public Restrooms: Wholesale and retail stores with an occupant load of less than five hundred (500) need not provide public restrooms. Delete Section 501.0 in its entirety and insert in lieu thereof the following: 501.0 General The regulations of this chapter shall govern the construction, location, and installation of fuel burning and other water heaters heating potable water, together with all chimneys, vents, and their connectors. All design, construction, and workmanship shall be in conformity with accepted engineering practices, manufacturer's installation instructions, and applicable standards and shall be of such character as to secure the results sought to be obtained by this Code. No water heater shall be hereinafter installed which does not comply in all respects with the type and model of each size thereof approved by the Administrative Authority. A list of accepted gas equipment standards is included in Table 14-1. Section 603.2.3 is deleted. Delete Section 603.4.13 in its entirety and insert in lieu thereof the following: 603.4.13 Potable water supply to carbonators shall be protected by a stainless steel dual check valve with an atmospheric vent as approved by the Administrative Authority 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 any one 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 used 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 connected thereto, and additionally, in the case of vertical drainage pipes, in accordance with their length. There shall be at least 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 backflow 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 administrative authority or the engineers of the governing body, based on local conditions. Section 7I 7.0 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). 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 fitting 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 insed 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 of the 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. Delete Table 10-1 in its entirety and insert in lieu thereof the following: TABLE I0-1 Horizontal Distance of Trap Arms (Except for water closet and similar fixtures)* Distance Trap Arm Trap to Vent (Inches) (Feet) 1~ ................................................................................ 6 3 ................................................................................. 12 4 and larger ................................................................ 12 Slope shall be one-quarter inch (¼") per foot. 8 *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 furnishing gas, to turn 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 administrative authority. 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. 14-5B-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 Southern California - Foundation for Cross Connection Control and Hydraulic Research as having met the requirements of ANSI-AWWA Standard C510-89, Double Check Valve Back§ow-Prevention Assemblies or ANSI-AWWA Standard C511-89, Reduced-Pressure Principle BacktTow-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 Iow hazard.) 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. Administrative authority. a. For the purposes of 14-5B-3 only, the administrative authority is the City Council acting through such persons or agencies the City Council shall designate. b. The administrative authority shall 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 administrative authority may collect fees for the administration of this program. Fees shall be established by resolution of the City Council. d. The administrative authority 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 administrative authority for review of all new water services to determine the degree of hazard before a permit is issued. b. The administrative authority shall determine the type of backflow prevention assembly required for containment based on the degree of hazard. c. The administrative authority 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 14-5B- 3. b. The administrative authority 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 administrative authority 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 classified as single-family residential shall be notified that an on- premise survey will be conducted by the administrative authority to determine the type and degree of any hazards to the potable water system. e. The administrative authority 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 administrative authority, the customer shall install a backflow prevention assembly for isolation and containment as required by the administrative authority. g. For existing water services, the administrative authority 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 administrative authority has been installed. h. Failure of the administrative authority 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 administrative authority. c. The customer shall ensure the administrative authority 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 administrative authority classifies as high hazard shall have an approved air gap or an approved reduced pressure principle backflow prevention assembly. lo b. Water services having no high hazard cross connections but having one or more cross connections which the administrative authority has classified as Iow 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 administrative authority 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 603.3.4 of 2003 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. Reduced pressure principle backflow prevention assemblies shall be installed so as to be protected from flooding and shall not be installed in underground vaults or pits. d. All backflow prevention assemblies shall be protected from freezing. e. Thermal expansion shall be provided for when installing a backflow prevention assembly which uses hot water within the system. f. Reduced pressure principle backflow prevention assemblies shall be provided with the means to convey the discharge of water to a suitable drain. g. No backflow prevention assemblies shall be installed above an electrical panel, higher than the ceiling level or in any place where it would create a safety hazard. h. 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. i. Ail 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. 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. l! e. The registered backflow prevention assembly technician shall repod the assembly within fifteen (15) calendar days of the test to the customer and to the administrative authority on the form provided by the administrative authority. f. The administrative authority 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 administrative authority on the form provided by the administrative authority. 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 14-$B-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 administrative authority. c. Bypassing a backflow prevention assembly which has been required by the administrative authority. 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 administrative authority. f. Failure to complywith the requirements of this Section. g. Deliberate falsification of documentation concerning the backflow ~revention assemblies or possible cross connections. 14-5B-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 or 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. Ail 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 Administrative Authority. 14-5B-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 other means is endorsed on the permit. Before making a connection to the public sewer, the plumber shall excavate and clear a trench at the point of connection. The actual connection with said junction piece, slant or wye must be made in the presence of the Administrative Authority. 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 or wyes already in the sewer, the Wastewater Superintendent shatl be notified that a tap will be necessary. The excavation shall be properly 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 pads 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. 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. 12 SECTION 8. EFFECTIVE DATE. This Ordinance shall be in effect July 1, 2004. Passed and approved this day of ,2004. MAYOR ATTEST: CITY CLERK Approved by: City Attorney's Office hisblg/or~/2002-03 code ameno'~2003 plumbing 13 Ordinance No. Page __ It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilbum First Consideration 4/6/04 Vote for passage: AYES : E1]iott, Lehman, 0'Donnel], Vanderhoef, Wi]burn, Bailey, Champion. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published Prepared by: Tim Hermes, Sr. Building Inspector, 410 E. Washington St., Iowa City, IA 52240; 319-356-5122 ~ ORDINANCE NO. AN ORDINANCE AMENDING SECTION 14, CHAPTER 5, ARTICLE D, MECHANICAL CODE, BY ADOPTING THE 2003 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 2003 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 14-5D-1, 14-5D-2, and 14-5D-3 of the City Code are hereby repealed and the following new Sections 14-5D-1, 14-5D-2 and 14-5D-3 are enacted in lieu thereof. 14-5D-1: Code adopted: Subject to the following amendments, the 2003 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 Buirding Offlciar may be guided by publications of the International Code Council, Inc., or the International Existing Building Code. 14-5D-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. 14-5D-3: Amendments to Code: The following sections of the 2003 edition of the International Mechanical Code are amended as follows: A. Section 101.1. Insert: "Iowa City". B. Section 106.5.1. Delete Section 106.5.1and 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. C. 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. D. 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. E. Sections 108.4 and 108.5. Delete Sections 108.5 and 108.5. F. Section 109. Delete Section 109 in its entirety and insert in lieu thereof the following: Section 109 Appeals. See Section 14-5M Appeals in the City Code. 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. 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 July 1,2004. Passed and approved this __ day of ., 2004. MAYOR ATTEST: CITY CLERK City Attorney's Office Hisbldg/ords/2002-3Building Code Amend/20031MCfinald ft doc Ordinance No. Page __ It was moved by and seconded by that the Ordinance as mad be adopted, and upon roll call them were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilbum First Consideration 4/6/04 Voteforpassage: AYES: Lehman, O'Donne]], Vanderhoef, Wi]burn, Bailey, Champion, Elliott. NAYS: None. ABSENT: None. Second ConsideraUon Vote for passage: Date published Prepared by: Tim Hennes& Pat Hansen, HIS, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5122 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 14, CHAPTER 5, ARTICLE C, OF THE IOWA CITY CODE BY ADOPTING THE 2002 EDITION OF THE NATIONAL ELECTRICAL CODE INCLUDING ARTICLES 80 AND 90, WITH AMENDMENTS, AS THE IOWA CITY ELECTRICAL CODE, REGULATING THE PRACTICE, MATERIALS AND FIXTURES USED IN THE INSTALLATION, MAINTENANCE, EXTENSION AND ALTERATION OF ALL WIRING, FIXTURES, APPLIANCES AND APPURTENANCES IN CONNECTION WITH VARIOUS ELECTRICAL SYSTEMS; PROVIDING FOR THE ISSUANCE OF PERMITS AND INSPECTION OF ELECTRICAL INSTALLATIONS AND THE COLLECTION OF FEES; AND PROVIDING PENALTIES FOR VIOLATIONS. Be it enacted by the Council of the City of Iowa City, Iowa: SECTION I. SHORT TITLE. This ordinance shall be known as the Iowa City Electrical Code, or Electrical Code, and may be so cited. SECTION I1. PURPOSE. The purpose of this ordinance is to adopt the 2002 edition of the National Electrical Code as prepared and edited by the National Fire Protection Association and to provide certain amendments thereto, 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 II1. Scope. This ordinance shall apply to and govern electricel work, as defined in the Electrical 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: wiring or piping on public or private electrical systems, within or on any building or other structure; and the practice and materials used in the installation, maintenance, extension or alteration of electrical systems, to connect with any point of public or private structure. SECTION IV. Adoption of Electrical Code Sections 14-5C-1 through 14-5C-28 of the Code of Ordinances of the City of Iowa City is hereby repealed and the following new sections 14-5C-1 through 14-5C-2 are enacted in lieu thereof. SEC. 14-5C-1. CODE-ADOPTED. Subject to the amendments described in Section 14-5C-2 below, Chapters 1 through 9 including Articles 80 and 90 of the 2002 Edition of the National Electricel Code are hereby adopted. SEC. 14-5C-2. AMENDMENTS. The electrical code adopted by Section 14-5C-1 of this chapter is hereby amended as follows: A. Section 80.1 modify by lettering existing text with a letter designation (A) and adding new section (B) as follows: (B) Violations: It shall be unlawful for any person, firm or corporation to construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use or maintain an electrical system or equipment or cause or permit the same to be done in violation of this code. B. Section 80.2 modify the following definitions to read as follows: 80.2 Definitions Authority Having Jurisdiction. The organization, office, or individual responsible for approving equipment, materials, an installation, or a procedure. Chief Electrical Inspector. A Building Inspector who either is the authority having jurisdiction or is designated by the authority having jurisdiction and is responsible for administering the requirements of this Code. Electrical Inspector. A Building Inspector authorized to perform electrical inspections. C. Section 80.9 Modify by adding parts "D" and "E" to the end of the section as follows: (D) Maintenance: All electrical systems and equipment, both existing and new, and all parts thereof shall be maintained in a proper operating condition in accordance with the original design and in a safe and hazard-free condition. All devices or safeguards which are required by this Code shall be maintained in conformance with this Code. The owner or designated agent shall be responsible for the maintenance of the electrical system. To determine compliance with this subsection, the Building Official may require any electrical system to be re-inspected. (E) Moved Buildings: Electrical systems and equipment which are part of buildings or structures moved into or within this jurisdiction shall comply with the provisions of this Code for new installations. D. Section 80.13 modify by adding a sentence to the end of part (16) and inserting (17), (18) and (19) as follows: (16) Expenses for test verification required by the Building Inspector shall be made at no expense to this jurisdiction. (17) Stop Orders: When work is being done contrary to the provisions of this Code, the Building Official may order the work stopped by notice in writing served on persons engaged in the doing or Ordinance No. Page 2 causing such work to be done, and such persons shall immediately stop such work until authorized by the Building Official to proceed with the work. (18) Connection After Order To Disconnect: Persons shall not make connections from any energy or power supply nor supply power to an electrical system or equipment which has been disconnected or ordered to be disconnected by the Building Official or the use of which has been ordered to be discontinued by the Building Official until the Building Official authorizes the reconnection and use of the electrical system or equipment. (19) Public Nuisance. Unsafe electrical systems or equipment are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in the Uniform Code for the Abatement of Dangerous Buildings, as"amended, or an alternate procedure as may be adopted by this jurisdiction. As an alternative, the Building Official or other employee or official of this jurisdiction as designated by the governing body may institute other appropriate action to prevent, restrain, correct or abate the violation. E. Section 80.15 modify be deleting it in its entirety and insert in lieu thereof the following: 80.15 Appeals: See Section 14-5M Appeals in the City Code. F. Section 80.17 modify be deleting it in its entirety. G. Section 80.18 modify by inserting a new Section 80.'18 as follows: 80.18 Licenses: See Section 14-5L of the City Code. H. Section 80.19 modify be deleting it in its entirety and insert in lieu thereof the following: 80.19 Permits: (A) Permits Required: Except as specified in subsection B of this Section, no electrical work regulated by this Code shall be installed, altered, repaired, replaced or remodeled unless a separate electrical permit for each building or structure has first been obtained from the Building Official. (B)Exempt Work: An electrical permit shall not be required for the following: 1. Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by this Code. 2. Repair or replacement of fixed motors, transformers or fixed approved appliances of the same type and rating in the same location. 3.Temporary decorative lighting. 4. Repair or replacement of current-carrying parts of any switch, contactor, control device or contact device of the same type and/or rating. 5. Replacement of any overcurrent device of the required ampacity and interrupt rating in the same location. 6. Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems. 7.Temporary wiring for experimental purposes in suitable experimental laboratories. 8.The wiring for temporary theater, motion picture or television stage sets. 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 this Code or any other laws or ordinances of this jurisdiction. (C) Application for Permit: 1. Application: To obtain a permit, the applicant shall first file a written application on a form furnished by the Code enforcement agency, or its successor, for that purpose. Every such application shall: a. Identify and describe the work to be covered by the permit for which application is made. b. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. c. Indicate the use or occupancy for which the proposed work is intended. d. Provide plans, diagrams, computations and specifications and other data as required in subsection 2 of this Section. e. The permittee, or authorized agent, must sign the application. f. Give such other data and information as may be required by the Building Official. 2. Submittal Documents: Plans, Diagrams, Etc.: Plans, specifications, engineering calculations, diagrams and other data shall be submitted in one or more sets with each application for a permit. The Building Official may require plans, computations and specifications to be prepared and designed by an engineer or architect licensed by the State to practice as such. 2 Ordinance No. Page 3 a. Exception: The Building Official may waive the submission of plans, calculations, etc., if the Building Official finds that the nature of the work applied for is such that review of plans is not necessary to obtain compliance with this Code. 3. Information On Plans And Specifications: a. Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this Code and all relevant laws, ordinances, rules and regulations. b. Plans for buildings more than two (2) stories in height of other than Groups R, Division 3 and M Occupancies shall indicate how required structural and fire-restrictive integrity will be maintained where a penetration will be made for electrical and communication conduits, pipes and similar systems. (D} Permittee: 1. An electrical permit may be issued to any person.holding a valid master electrician license issued by the City, or to any company who employs a duly licensed master electrician on a full-time basis who supervises the work of the electricians during the company's normal business hours. 2. A permit may be issued to the owner of an existing owner-occupied single-family dwelling, pursuant to a valid certificate of occupancy and used exclusively for residential purposes, to do any work regulated by this Article in connection with said dwelling and accessory buildings. The owner must personally purchase all material and perform all labor in connection with the permit. All work shall comply with this Article. Applicants for a homeowner's permit shall pass the designated exam before a permit may be issued. 3. The homeowner's test required in subsection B of this Section may be waived if the applicant is a duly licensed electrician in the Iowa City area with a minimum of a journeyman status. (E)Permits Issued 1.Issuance a. The Building Official shall review the application, plans and specifications, and other data, filed by an applicant for a permit. Other departments of this jurisdiction may review the plans to verify compliance with any applicable laws under their jurisdiction. When the Building Official finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this Code and other pertinent laws and ordinances, and that all pertinent fees specified in Section 14-5C-25 of this Article have been paid, the Building Official shall issue a permit to the applicant. b. When the Building Official issues a permit, the plans and specifications shall be endorsed in writing or stamped "APPROVED". Such approved plans and specifications shall not be changed, modified or altered without authorization from the Building Official, and all work regulated by this Code shall be done in accordance with the approved plans. c. The Building Official may issue a permit for the construction of part of an electrical system before the entire plans and specifications for the whole system have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this Code. However, the holders of such permits shall proceed at their own risk without assurance that the permit for the entire building, structure or building service will be granted. 2, Retention Of Plans: a. One set of approved plans, specifications and computations shall be retained by the Building Official until final approval of the work is given. One set of approved plans and specifications shall be returned to the appricant and shall be kept on the site of the building or work at all times while the work authorized thereby is in progress. 3. Validity Of Permit: a. The issuance of a permit or the approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Code, or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this Code or other ordinances of the jurisdiction shall not be valid. b. The issuance of a permit based upon plans, specifications and other data shall not prevent the Building Official from thereafter requiring the correction of errors in said plans, specifications and other data, or from preventing building operations being carried on thereunder when in violation of these codes or of any other ordinances of this jurisdiction. 4. Expiration: a. Every permit issued by the Building Official under the provisions of this Code shall expire by limitation and become null and void, if the building or work authorized by such permit is not commenced within one hundred eighty (180) days from the date of such permit, or if the 3 Ordinance No. Page 4 building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty (180) days. Before such work can be recommenced, a new permit shall be first obtained, and the fee therefor shall be one-half (1/2) the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided fudher that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. b. A permittee holding an unexpired permit may apply for, an extension of the time within which work may be commenced under that permit when the permittee is unable to commence work within the time required by this Section for good and satisfactory reasons. The Building Official may extend the time for action by the permittee for a period not exceeding one hundred eighty (180) days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. 5. Suspension or Revocation: The Building Official may, in writing, suspend or revoke a permit issued under the provisions of this Code if the permit was issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or reguration of the jurisdiction. (F) Insurance: Before any permit to perform electrical work may be issued, the applicant shall have on file with the Building Official a copy of a certificate of insurance stating the liability amounts of no less than three hundred thousand dollars ($300,000.00) property damage and five hundred thousand dollars ($500,000.00) bodily injury. The City shall be named as additional insured. The policy shall also provide for at least ten (10) days' notice by the insurer to the City of termination of the policy by the insured or insurer. Electrical permits issued under subsections 80.19.D.1 & 2 of this Article shall be exempted from this insurance requirement. (G) Fees: 1. Permit Fees: The fee for each electrical permit shall be as set forth by resolution of City Council. 2. 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. 3. Fee Refunds: The Building Official may authorize the refunding of any fee paid thereunder 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. (H)Inspections: 1.General: a. All electrical systems and equipment for which a permit is required by this code shall be subject to inspection by the Building Official, and the electrical system shall remain accessible and exposed for inspection purposes until approved by the Building Official. b. It shall be the duty of the permit applicant to cause the electrical system to remain accessible and exposed for inspection purposes. Neither the Building Official nor the jurisdiction shall be liable for the expense of removing or replacing any material to permit inspection. When the installation of an electrical system and equipment is complete, an additional and final inspection shall be made. Electrical systems and equipment regulated by this code shall not be connected to the energy source until authorized by the Building Official. c. Approval as a result of an inspection shall not be construed to be an approval of a violation of the previsions of this code or of other ordinances of the jurisdiction. 2. Inspection Requests: a. It shall be the duty of the person doing the work authorized by a permit to notify the Building Official that such work is ready for inspection. The Building Official may require that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writing or by telephone at the option of the Building Official. It shall be the duty of the person requesting inspections required by this code to provide access to and means for inspection of such work. 4 Ordinance No. Page 5 3. Operation Of Electrical Equipment: a. The requirements of this section shall not be construed to prohibit the operation of any electrical system or equipment installed to replace existing equipment. The request for inspection of such equipment must have been filed with the Building Official not more than forty-eight (48) hours after such replacement work is completed and before any portion of such electrical system is concealed by any permanent portion of the building. 4. Other Inspections: a. In addition to the called inspections required by this code, the Building Official may make or require other inspections of any work to ascertain compliance with the provisions of this code and other laws which are enforced by the code enforcement agency or its successor. 5. Reinspections: a. Incomplete Work: A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. This provision is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspections. b. Failure To Provide Plans, Access: Reinspection fees may be assessed when the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, for not completing the corrective actions from original inspections, or for deviating from plans requiring the approval of the Building Official. To obtain a reinspection, the applicant shall file an application therefor in writing upon a form furnished for that purpose, and pay the reinspection fee as set by resolution of city council. When reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. (I) Inspections: 1. Energy Connections: An electrical system or equipment regulated by this code for which a permit is required shall not be connected to a source of energy or power until approved by the Building Official. 2. Temporary Connections: The Building Official may authorize the temporary connection of the electrical system or equipment to the source of energy or power for the purpose of testing the equipment, or for use under a temporary certificate of occupancy. I. Section 80.21.C Modify by deleting in its paragraph lettered "C". J. Section 80.23 Modify by deleting it in its entirety. K. Section 80.25 Modify by deleting it in its entirety and insert in lieu thereof the following: 80.25 Connection to Electricity Supply. (A) Authorization. It shall be unlawful for any person, firm, or corporation to make connection to a ~upply of electricity or to supply electricity to any electric equipment installation for which a permit ~s required or that has been disconnected or ordered to be disconnected. (B) Special Consideration. By special permission of the authority having jurisdiction, temporary power shall be permitted to be supplied to the premises for specific needs of the construction project. (C) Disconnection. Where a connection is made to an installation that has not been inspected, as outlined in the preceding paragraphs of this section, the supplier of electricity shall immediately report such connection to the Building Inspection Division. If, upon subsequent inspection, it is found that the installation is not in conformity with the provisions of Article 80, the Building Inspection Division shall notify the person, firm, or corporation making the installation to rectify the defects and, if such work is not completed within fifteen (15) business days, or a longer period as may be specified by the Building Official, the Building Official shall have the authority to cause the disconnection of that portion of the installation that is not in conformity. L. Section 80.27 Modify be deleting it in its entirety. M. Section 80.29 Modify be deleting it in its entirety and insert in lieu thereof the following: 80.29 Liability: (A) The Building Official, or an authorized representative charged with the enforcement of this Code, acting in good faith and without malice in the discharge of duties, shall not be personally liable for any damage that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of duties. (B) This Code shall not be construed to relieve or lessen the responsibility of a person owning, operating or controlling any building, structure or building service equipment therein for any damages to persons or property caused by defects, nor shall the Code enforcement agency or its 5 Ordinance No, Page 6 parent jurisdiction be held as assuming such liability by reason of the inspections authorized by this Code or approvals issued under this Code. N. Section 80.31 Modify by deleting it in its entirety. O. Section 80.33 Modify by deleting it in its entirety. P. Section 80.35 Modify by deleting it in its entirety. Q. Adicle 100, modify by adding the following definitions: Approved agency is an established and recognized agency regularly engaged in conducting tests or furnishing inspection services, when the agency has been approved by the Building Official. Building Code is the International Building Code promulgated by the International Code Conference, as adopted by this jurisdiction. Building Official is the officer charged with the administration and enforcement of this Code, or a duly authorized representative, and is the authority having jurisdiction for this code. Code Enforcement Agency is the department, division or agency of this jurisdiction charged with the function of code enforcement and shall be under the administration and operational control of the Building Official. Electrical Code is the National Electrical Code promulgated by the National Fire Protection Association, as adopted by this jurisdiction. Electrical work is all uses, installations, alterations, repairs, removals, replacements, connections, disconnection and maintenance of all premises wiring systems. Electrician, apprentice is any person who works under the supervision and guidance of a licensed journeyman or licensed Master Electrician for the purpose of learning the electrical trade. Electrician, journeyman is any propedy licensed person who is allowed to perform electrical work only under the supervision of a licensed master electrician. Electrician, maintenance is any properly licensed person who is a regular employee of a manufacturing or industrial establishment or a commercial or residential property management firm, who does electrical work for that establishment or firm only, and who maintains the existing electrical equipment within the building or group of buildings. Electrician, master is any properly licensed person who undertakes or offers to undertake to plan for, layout, supervise or perform electrical work with or without compensation. Multiple occupancy building is a building having more than one tenant and may be a single or mixed- use group as classified by the Building Code. Occupancy is the purpose for which a building, or part thereof, is used or is intended to be used. R. Article 100 Modify by deleting "Wet Location" and insert in lieu thereof the following Wet Location. Installations underground or in concrete slabs or masonry in direct contact with the earth, and locations subject to saturation with water or other liquids, such as vehicle washing areas, and locations exposed to weather and unprotected. A zone measured 1 ft. horizontally and 8 ft. vertically from the rim and or thresholds of all tubs and or showers will be included. This zone is all encompassing and includes the zone directly over these types of installations. S. Section 210.8.A Modify by deleting #7 in its entirety and insert in lieu there of the following. (?} Wet Bar Sinks - Where the receptacles are located within 6 ft (1.83 m) of the outside edge of wet bar sinks, laundry sinks, mop sinks and or of the like. T. Section 210.8.B Modify by adding parts (A) & (B) to #3 as follows: (3) Kitchens A. Where general conveyance receptacles are installed to serve countertop surfaces, food prep surfaces or areas of the like. B. Where the receptacles are located within 6 ft (1.83 m) of the outside edge of a water source such as wet bar sinks, mop sinks, dishwasher areas and or areas of the like. U. Section 210.11 .C.3 Exception Modify be deleting the exception in its entirety and insert in lieu thereof the following Exception: Exception: Where the 20-ampere circuit supplies a single bathroom, outlets for other equipment within the same bathroom shall be permitted to be supplied in accordance with Section 210.23.A, providing there is a minimum of one lighting outlet installed outside of the wet location area, that will remain illuminated when the GFCI protecting the said bathroom receptacle(s) and luminaries has been activated. V. Section 210.52.A.2 Modify by adding an exception as follows: Exception: Those railings that are serving as a guardrail for hallways or walkways which are of the open type railing. W. Section 210.52.C.2 Modify by deleting it in its entirety and insert in lieu thereof the following: (2) Island Counter Spaces. Receptacle outlets shall be permitted to be installed at each island counter space. 6 Ordinance No. Page 7 X. Section 210.52.C.3, Modify be deleting it in its entirety and insert in lieu thereof the following: (3) Peninsular Counter Spaces, At least one receptacle outlet shall be installed at each peninsular counter space with a long dimension of 600 mm (24 in.) or greater and a short dimension of 300 mm (12 in.) or greater. In the absence of this at least two duplex receptacle outlets shall be installed at the wall where the peninsular counter space intersects the structural wall. A peninsular countertop is measured from the connecting edge. Y. Section 210.52.H, Modify be deleting it in its entirety and insert in lieu thereof the following: (H) Hallways. In all single and multifamily dwelling units, hallways of 10 ft (3.05 m) or more in length, or 30 or more square feet, shall have at least one duplex receptacle outlet installed. For common corridors, hallways and exit accesses of multifamily dwellings, no point along this hallway shall be farther than 15 feet from any one receptacle. As used in this subsection, the hall length shall be considered the length along the centerline of the hall without passing through a doorway. Z. Section 210.52 modified by adding part (I) as follows: (I) Water Conditioning Equipment. In dwelling units, a receptacle for the water conditioning equipment shall be installed. It shall be installed within a 6' zone, and in the same room, of where the said equipment is normally set. AA. Section 210.70 A.1, Modify be deleting it in its entirety and insert in lieu thereof the following: (1) Habitable Rooms. At least one wall switch shall be installed controlling the lighting outlet(s) in every habitable room and bathroom, and conveniently located within 5 foot of each main entry(s) to that room. The 5-foot measurement shall be measured from the door's edge. BB. Section 225.19.D.2 Modify be deleting it in its entirety and insert in lieu thereof the following: (3) Vertical Clearance. Final spans of feeders or branch circuits to a building they supply or from which they are fed shall be permitted to be attached to the building, but they shall be kept not less than 3 ft (914 mm) from windows that are designed to be opened, doors, porches, balconies, ladders, stairs, fire escapes, or similar locations. Vertical clearance of final spans above, or within 3 ft (914 mm) measured horizontally of, platforms, projections, and walking and/or sitting surfaces of a nominal 6" board width or wider or any other surface from which they might be reached shall be maintained in accordance with Section 225.18. CC. Section 230.9.B Modify by deleting it in its entirety and insert in lieu thereof the following: (B) Vertical Clearance. Service conductors installed as open conductors or multiconductor cable without an overall outer jacket shall have a clearance of not less than 3 ft (914 mm) from windows that are designed to be opened, doors, porches, balconies, ladders, stairs, fire escapes, or similar locations. Vertical clearance of final spans above, or within 3 ft (914 mm) measured horizontally of, platforms, projections, and walking and/or sitting surfaces of a nominal 6" board width or wider or any other surface from which they might be reached shall be maintained in accordance with Section 230.24.B. DD.Section 230.50 Modify by adding a "#1" to the existing exception and adding Exception #2 as follows: Exception No. 2: Rigid nonmetallic conduit suitable for the location shall be accepted in exposed installations in lengths of less than 6 feet total EE. Section 230.79 Modify be deleting it in its entirety and insert in lieu thereof the following: Section 230.79 Rating of Service Disconnecting Means. The service disconnecting means shall have a rating not less than the load to be carried, determined in accordance with Article 220. In no case shall the rating be lower than specified in (a), (b), (c), or (d). (A) One-Circuit Installation. For installations to supply only limited loads of a single branch circuit, the service disconnecting means shall have a rating of not less than 15 amperes. (B) Two-Circuit Installations. For installations consisting of not more than two 2-wire branch circuits, the service disconnecting means shall have a rating of not less than 30 amperes. (C) One-Family Dwelling. Shall be sized according to the following: (1) RPD-1 Service: For a single family dwelling, and single dwelling units located in a multi-family dwelling structures, which have up to 2500 square feet of finished floor space or space that could be finished, shall have a minimum 100 amp rated overcurrent protection device. The conductors supplying this service shall be sized in accordance with Table 310.16. (2) RPD-2 Service: For a single family dwelling, and single dwelling units located in a multi-family dwelling structures, which have 2500 to 5000 square feet of finished floor space or space that could be finished, shall have a minimum 200 amp rated overcurrent protection device. The conductors supplying this service shall be sized in accordance with Table 310.16. (3) RPD-3 Service: For a single family dwelling which has more than 5000 square feet of finished floor space or space that could be finished, shall have a minimum 400 amp rated overcurrent 7 Ordinance No. Page 8 protection device. The conductors supplying this service shall be sized in accordance with Table310.15.B.6. (D) All Others. For all other installations, the service disconnecting means shall have a rating of not less than 60 amperes. Exception: Single dwelling units located in a multi-family dwelling structure with provisions for gas fired appliance(s) only (ranges, dryers, and heating) shall have a minimum ora 60 amp rated main overcurrent protection device. The conductors supplying this feeder panel shall be sized in accordance with Table 310.16. FF. Section 250.62 Modify by deleting it in its entirety and insert in lieu thereof the following: 260.62 Grounding Electrode Conductor Material. The grounding electrode conductor shall be of copper. The material shall be resistant to any corrosive condition existing at the installation or shall be suitably protected against corrosion. The conductor shall be solid or stranded, insulated, covered, or bare. GG. Section 250.64.A Modify be deleting it in its entirety and in~ert in lieu thereof the following: (A) Aluminum or Copper-Clad Aluminum Conductors. Insulated or bare aluminum or copper-clad aluminum grounding conductors shall not be used for any part of the grounding electrode system. HH.Section 250.64.B Modify by adding an Exception as follows: Exception: Grounding Electrode Conductors routed to the exterior of the dwelling or structure shall not have more than 24" of the conductor exposed above grade. When in excess of 24" one of the following forms of protection will be approved; rigid metal conduit, intermediate metal conduit, rigid nonmetallic conduit. II. TABLE 250.66. Modify by deleting it in its entirety and insert in lieu thereof the following Table: Table 250.66 Grounding Electrode Conductor for Alternating-Current Systems Size of Largest Service- Size of Entrance Conductor or Grounding Equivalent Area for Parallel Electrode Conductors Electrode Conductor Aluminum or Copper-Clad Copper Aluminum Copper 2 or smaller 1/0 or smaller 4 1 or 1/0 2/0 or 3/0 4 2/0 or 3/0 4/0 or 250 kcmil 4 Over 3/0 Over 250 kcmil 2 through 350 through 500 kcmil kcmil Over 350 Over 500 kcmil 1/0 kcmil through through 900 600 kcmil kcmil Over 600 Over 900 kcmil 2/0 kcmilthrough through 1750 1100 kcmil kcmil Over 1100 Over 1756 kcmil 3/0 kcmil Notes: Where multiple sets of service-entrance conductors are used as permitted in Section 230-40, Except[on No. 2., the equivalent size of the largest service-entrance conductor shall be determined by the largest sum of the areas of the corresponding conductors of each set. 2. Where there are no service-entrance conductors, the grounding electrode conductor size shall be determined by the equivalent size of the largest service-entrance conductor required for the load to be served. 3. This table also applies to the derived conductors of separately derived AC systems. JJ. Section 250.104.B Modify by deleting it in its entirety and insert in lieu thereof the following: (B) Other Metal Piping. Where installed in or attached to a building or structure, metal piping system(s), including gas piping, that may become energized shall be bonded to the service equipment 8 Ordinance No. Page 9 enclosure, the grounded conductor at the service, the grounding electrode conductor where of sufficient size, or to the one or more grounding electrodes used. The bonding jumper(s) shall be sized in accordance with Section 250.122 using the rating of the Service Disconnecting Means serving the area to size the conductor. The points of attachment of the bonding jumper(s) shall be accessible. KK. Section 300.13.B Modify by deleting it in its entirety and insert in lieu thereof the following: (B) Device Removal. In all general purpose branch circuits, the continuity of the grounding, grounded, and the ungrounded conductor(s), shall not depend on device connections such as lampholders, receptacles, etc., where the removal of such devices would interrupt the continuity. LL. Section 314.27.D Modify by deleting it in its entirety and insert in lieu thereof the following: (D} All boxes used as lighting fixture outlets, and located where a paddle fan can be installed, shall be of the "Ceiling Fan Rated Type" and shall comply with Article 422.18 (A) and (B). Exception: In areas such as unfinished basements, closets, hallways, garages, and bathrooms, areas listed above shall not be exempt ifa ceiling (paddle) fan(s) are installed in these areas. MM. Section 320.108 Modify by deleting it in its entirety and insert in lieu thereof the following: 320.108 Equipment Grounding. Type AC Cable shall have an equipment grounding conductor installed within the sheath of all AC cables to adequately provide a Iow impedance path to ground to facilitate the operation of the overcurrent protection device as required by Section 250.4.A.5 or 250.4.B.4. NN. Section 330.108 Modify by deleting it in its entirety and insert in lieu thereof the following: 330.108 Equipment Grounding. Type MC Cable shall have an equipment-grounding conductor installed within the sheath of all MC cables to adequately provide a Iow impedance path to ground to facilitate the operation of the overcurrent protection device as required by Article 250. OO. Section 334.10 Modify by deleting it in its entirety and insert in lieu thereof the following: 334.10 Uses Permitted. Type NM, Type NMC, and Type NMS cables shall be permitted to be used in the following: (1) One- and two-family dwellings. (2) Multifamily dwellings permitted to be of Types III, IV, and V construction except as prohibited in 334.12. FPN No. 1: Building constructions are defined in NFPA 220-1999, Standard on Types of Building Construction, or the applicable building code, or both. FPN No. 2: See Annex E for determination of building types [NFPA 220, Table 3-1]. PP. Section 348.12 Modify by adding a part (8) to read as follows: (8) Concealed within walls or ceiling assemblies in lengths greater than 6' unless finished in undisturbed, existing interior or exterior walls or approved prior to the installation. QQ. Section 406.8.B Modify by deleting it in its entirety and insert in lieu thereof the following: (B) Wet Locations: (1) Unattended Outdoor Receptacles: All 125- and 250-volt receptacles installed outdoors in a wet location where the product intended to be plugged into it is not attended while in use (e.g., sprinkler system controller, landscape lighting, holiday lights, vending machines, and so forth) shall have an enclosure that is weatherproof with the attachment plug cap inserted or removed. (2) Attended Outdoor Receptacles: All 125- and 250-volt receptacles installed outdoors in a wet location where the product intended to be plugged into it will be attended while in use (e.g., portable tools, and so forth) shall have an enclosure that is weatherproof when the attachment plug is removed. (FPN: In all installations when a GFCI receptacle is installed in an outdoor location, it shall follow the requirements of (1) Unattended Outdoor Receptacles.) RR. Section 410.4.D Modify by deleting it in its entirety and insert in lieu thereof the following: (D) Bathtub and Shower Areas. No pads of cord-connected fixtures, hanging fixtures, lighting track, pendants, or ceiling-suspended (paddle) fans shall be located within a zone measured 3 ft (914 mm) horizontally and 8 ft (2.44 m) vertically from the top of the bathtub rim or shower stall threshold. All other types of fixtures located within 1' (12 inches) horizontally and 8' vertically zone must meet the requirements of Section 410.4.A and shall be GFCI protected. This zone is all encompassing and includes the zone directly over the tub or shower stall. SS. Section 518.4B Modify by deleting it in its entirety and insert in lieu of the following: (B) Non-rated Construction. Type AC and MC cable, electrical nonmetallic tubing, and rigid nonmetallic conduit shall be permitted to be installed in those buildings or portions thereof that are not required to be of fire-rated construction by the applicable building code. TT. Section 680.41 modify by deleting it in its entirety and insert in lieu thereof the following: 9 Ordinance No. Page 10 680.41 Emergency Switch for Spas and Hot Tubs. A clearly labeled emergency shutoff or control switch for the purpose of stopping the motor(s) that provide power to the recirculation system and jet system shall be installed readily accessible to the users and at least 5 ft (1.52 m) away, adjacent to, and within sight of the spa or hot tub. This requirement shall not apply to privately owned units located in single-family dwellings and in individually owned dwelling units of multi-family complex(es). SECTION V. The following new sections are hereby added to the City Code: SECTION VI. REPEALER: All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VII. PENALTIES FOR VIOLATION,':;. The violation of any provision of this Ordinance is a municipal infraction. SECTION VIII. 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 IX. EFFECTIVE DATF' This Ordinance shall be in effect July 1,2004. Passed and approved this day of ,20.__ MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office hisbldg/ord/2002-3B uilding Code Arnend/2002NEC finaldff.doc 10 Ordinance No. Page __ It was moved by. and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn First Consideration 4/6/04 Voteforpassage: AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman. 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 CITY CODE TITLE 14, ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 5, ENTITLED "BUILDING AND HOUSING," BY ADDING A NEW ARTICLE N ENTITLED "FUEL GAS CODE" AND ADOPTING THE 2003 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 has adopted international codes, including the International Building, Residential, Fire, and Mechanical Codes, that reference the 2003 Edition of the International Fuel Gas Code; WHEREAS, it is in the best interest of Iowa City to adopt the 2003 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 2003 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 I1. Sections 14-5N-1, 14-5N-2, and 14-5N-3 of the City Code are hereby added. 14-5N-1: Code adopted: Subject to the following amendments, the 2003 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. 14-5N-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. 14-5N-3: Amendments to Code: The following sections of the 2003 edition of the International Fuel Gas Code are amended as follows: A. Section 101.1. Insert: "Iowa City" B. Section 106.5.1. Delete Section 106.5.1and insed 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. C. 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 D. 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. E. Section 108.4 and 108.5. Delete Sections 108.4 and 108.5. F. 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 14-5M Appeals in the City Code. G. Section 303.3. Modify by deleting exceptions 3 and 4. Ordinance No. Page 2 SECTION Ill. 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. 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 VL EFFECTIVE DATE. This Ordinance shall be in effect July 1,2004. Passed and approved this __ day of ,2004. MAYOR ATTEST: CITY CLERK City Attorney's Office Hisbldg/ord/2002-3 Building Code Amend/2OO3ifgc6naldft,doc Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll cell there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn First Consideration 4/6/04 Voteforpassage: AYES: Vanderhoef, I~i]burn, Bailey, Champion, Elliott, Lehman, 0'9onne]l. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published NOTICE OF PUBLIC HEARING ON INTENT TO ACQUIRE PROPERTY RIGHTS WHICH MAY BE NEEDED FOR THE SEGMENT A OF THE CAMP CARDINAL ROAD PROJECT IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS IN THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on its intent to acquire properly rights which may be needed for the Segment A of the Camp Cardinal Road Project in said City at 7:00 p.m. on the 6th day of April, 2004, said meeting to be held in the Emma J. Harvat Hall in City Hall in said City, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Documentation of the proposed location of said improvements is now on file in the office of the City Clerk in City Hall in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said intent to proceed with and to acquire property rights for said public improvement project. This notice is given by order of the City Council of the City of Iowa City, Iowa, and as provided by law. MARIAN K. KARR, CITY CLERK NOTICE OF INTENT TO ACQUIRE PROPERTY RIGHTS WHICH MAY BE NEEDED FOR SEGMENT A OF THE CAMP CARDINAL ROAD PROJECT TO: Keith & Barbara Pirkl, 2794 340th St. SW, Tiffin, IA 52340 and Donald & Patricia Pirkl, 2718 340th St. SW, Tiffin, IA 52340 Chapter 6B of the Iowa Code requires a governmental body which proposes to acquire property rights under power of eminent domain for a public improvement project to give notice of the project to all agricultural property owners whose properties may be affected and to hold a public hearing. 1. DESCRIPTION OF THE PROJECT. NOTICE IS HEREBY GIVEN to the above-identified agricultural property owners that the City Council of the City of Iowa City will consider funding of the site-specific design for Segment A of the Camp Cardinal Road Project, making the final selection of the route or site location, or acquiring or condemning property rights, if necessary, required for the project. Said project includes grading, paving, sidewalk, storm sewer, water main, and related construction work to construct Segment A of Camp Cardinal Road from Melrose Avenue north to the City Limits. 2. PRIVATE PROPERTY RIGHTS MAY BE ACQUIRED BY NEGOTIATION OR CONDEMNATION. If the above-described project is approved by the City Council, the City may need to acquire property rights for the project improvements. Property rights may include a temporary construction easement, a permanent easement, and/or a fee simple parcel (complete ownership). Upon review of the records of the Johnson County Auditor, it appears that properties or portions of properties owned by the above-identified persons may have to be acquired for the project by the methods described above. The City will attempt to purchase the required property by good faith negotiations. If negotiations are unsuccessful, the City will condemn those property rights which it determines are necessary for the project. The proposed location of the above-described public improvement is shown on documentation which is now on file in the office of the City Clerk and available for public viewing. 3. CITY PROCESS TO DECIDE TO PROCEED WITH THE PROJECT AND TO ACQUIRE PROPERTY RIGHTS; CITY COUNCIL ACTION REQUIRED TO FUND PROJECT. The City has provided funding in its budget for this project, as well as funding to acquire any property rights that may be needed for the project. City staff has analyzed the options for how to proceed with this project and has coordinated project planning with other appropriate agencies. The planning has reached the point where preliminary designs now indicate that certain property rights may need to be acquired. Any public comment will be considered in preparing the final designs, particularly as private property may be affected. In making the decision to fund the site-specific design for the public improvement, to make the final selection of the route or site location, or to acquire or condemn property rights, if necessary, the City Council is required to hold a public hearing, giving persons interested in the proposed project the opportunity to present their views regarding the decision to fund the site-specific designs for the project, make the final selection of the route or site location, or to acquire or condemn, if necessary, property or an interest in property for the project. The public hearing svill be held on the 6th day of April, 2004 in the Emma J. Harvat Hall, City Hall, 410 East Washington Street, Iowa City, lowa, commencing at 7:00 p.m. or, if cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. In order to fund the site-specific design for the public improvement, to make the final selection of the route or site location, or to commence the acquisition or condemnation of property rights, if necessary, for the above-described project, City Council will be required to 2 approve the project and authorize acquisition of private property rights for the project by Council resolution. The City Council is scheduled to consider adoption of a resolution authorizing acquisition of property rights for the above-described project following the public hearing. When an appraisal is required, if the project is approved by the City Council, an appraiser will determine the compensation to be paid for easements and/or property acquired in fee simple. The City will offer no less than the appraised value and will attempt to purchase only the needed property by good faith negotiations. If the City is unable to acquire properties needed for the project by negotiation, the City will acquire those property rights by condemnation. 4. CONTACT PERSON if you have any questions concerning Segment A of the Camp Cardinal Road Project, please contact the following person: Ron Gaines, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240, (319) 356-5145 5. THIS NOTICE IS FOR INFORMATION ONLY AND IS NOT AN OFFER TO PURCHASE PROPERTY RIGHTS. The City Council of the City of Iowa City, Iowa has not yet determined to undertake the above-described project or to acquire property rights for the project. This Notice does not constitute an offer to purchase property rights. s/Marian K. Karr City Clerk NOTICE OF PUBLIC HEARING ON INTENT TO ACQUIRE PROPERTY RIGHTS WHICH MAY BE NEEDED FOR THE SOUTH GILBERT STREET IMPROVEMENTS PROJECT NAPOLEON LANE TO CITY LIMITS IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS IN THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on its intent to acquire property rights which may be needed for the South Gilbert Street Improvements Project - Napoleon Lane to City Limits in said City at 7:00 p.m. on the 6th day of April, 2004, said meeting to be held in the Emma J. Harvat Hall in City Hall in said City, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Documentation of the proposed location of said improvements is now on file in the office of the City Clerk in City Hall in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said intent to proceed with and to acquire property rights for said public improvement project. This notice is given by order of the City Council of the City of Iowa City, Iowa, and as provided by law. MARIAN K. KARR, CITY CLERK NOTICE OF INTENT TO ACQUIRE PROPERTY RIGHTS WHICH MAY BE NEEDED FOR THE SOUTH GILBERT STREET IMPROVEMENTS PROJECT - NAPOLEON LANE TO CITY LIMITS TO: SG&M Properties, LLC, PO Box 1907, Io*va City, 1A 52242 and Southgate BP Properties LLC, PO Box 1907, Iowa City, IA 52242 Chapter 6B of the Iowa Code requires a governmental body which proposes to acquire property rights under power of eminent domain for a public improvement project to give notice of the project to all agricultural property owners whose properties may be affected and to hold a public hearing. 1. DESCRIPTION OFTHE PROJECT. NOTICE IS HEREBY GIVEN to the above-identified agricultural property owners that the City Council of the City of Iowa City will consider funding of the site-specific design for the South Gilbert Street Improvements Project - Napoleon Lane to City Limits, making the final selection of the route or site location, or acquiring or condemning property rights, if necessary, required for the project. Said project includes grading, paving, storm sewer, water main, and related construction work to upgrade South Gilbert Street from Napoleon Lane to City Limits to a four lane urban street. 2. PRIVATE PROPERTY RIGHTS MAY BE ACQUIRED BY NEGOTIATION OR CONDEMNATION. If the above-described project is approved by the City Council, the City may need to acquire property rights for the project improvements. Property rights may include a temporary construction easement, a permanent easement, and/or a fee simple parcel (complete ownership). Upon review of the records of the Jotmson County Auditor, it appears that properties or portions of properties owned by the above-identified persons may have to be acquired for the project by the methods described above. The City will attempt to purchase the required property by good faith negotiations. If negotiations are unsuccessful, the City will condemn those property rights which it determines are necessary for the project. The proposed location of the above-described public improvement is shown on documentatiorl which is now on file in the office of the City Clerk and available for public viewing. 3. CITY PROCESS TO DECIDE TO PROCEED WITH THE PROJECT AND TO ACQUIRE PROPERTY RIGHTS; CITY COUNCIL ACTION REQUIRED TO FUND PROJECT. The City has provided funding in its budget for this project, as well as funding to acquire any property rights that may be needed for the project. City staff has analyzed the options for how to proceed with this project and has coordinated project planning with other appropriate agencies. The planning has reached the point where preliminary designs now indicate that certain property rights may need to be acquired. Any public comment will be considered in preparing the final designs, particularly as private property may be affected. In making the decision to fund the site-specific design for the public improvement, to make the final selection of the route or site location, or to acquire or condemn property rights, if necessary, the City Council is required to h01d a public hearing, giving persons interested in the proposed project the opportunity to present their views regarding the decision to fund the site-specific designs for the project, make the final selection of the route or site location, or to acquire or condemn, if necessary, property or an interest in property for the project. The public hearing will be held on the 6th day of April, 2004 in the Emma J. Harvat Hall, City Hall, 410 East Washington Street, Iowa City, Iowa, commencing at 7:00 p.m. or, if cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. In order to fund the site-specific design for the public improvement, to make the final selection of the route or site location, or to commence the acquisition or condemnation of property rights, if necessary, for the above-described project, City Council will be required to 2 approve the project and authorize acquisition of private property rights for the project by Council resolution. The City Council is scheduled to consider adoption of a resolution authorizing acquisition of property rights for the above-described project following the public hearing. When an appraisal is required, if the project is approved by the City Council, an appraiser will determine the compensation to be paid for easements and/or property acquired in fee simple. The City will offer no less than the appraised value and will attempt to purchase only the needed property by good faith negotiations. If the City is unable to acquire properties needed for the project by negotiation, the City will acquire those property rights by condemnation. 4. CONTACT PERSON If you have any questions concerning the South Gilbert Street Improvements Project - Napoleon Lane to City Limits please contact the following person: Ron Knoche, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240, (319) 356-5138 5. THIS NOTICE IS FOR INFORMATION ONLY AND IS NOT AN OFFER TO PURCHASE PROPERTY RIGHTS. The City Council of the City of Iowa City, Iowa has not yet determined to undertake the above-described project or to acquire property rights for the project. This Notice does not constitute an offer to purchase property rights. s/Marian K. Kan' City Clerk