HomeMy WebLinkAbout2004-04-20 Ordinance 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
Outlet 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 property 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 Outlet 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 (10) 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 North seventy (70) feet to the point of beginning.
SECTION I1. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or
any section, provision or pad 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/302o308sgilbed.doc
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
Voteforpassage:AYES: Wilburn, Bailey, Champion, Elliott, Lehman, 0'Donnell,
Vanderhoef. NAYS: None. ABSENT: None.
Second Consideration 4/20/04
Voteforpassage: AYES: Bailey, Champion, Elliott, Lehman, O'Donnell,
Vanderhoef, Wilburn. NAYS: None. ABSENT: None.
Date published
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 property 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 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
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 IL 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 II1. 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, ali 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 DATF. 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
Ci~'At~o-rney s ~ffice -
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 4/20/04
Vote for passage: AYES: Champion, Elliott, Lehman, O'Donnell, Vanderhoef,
Wilburn, Bailey. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
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 thai 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 parties
agree as follows:
1. Niffenegger Family Trust is the legal title holder and Mike Roberts Construction is the
Applicant for a rezoning 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 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'~/V, 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
centerline 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 nodheast 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 Iand 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 trfis 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 April, 2004.
CITY OF IOWA CITY NIFFENEGGER FAMILY TRUST
Ernest Lehman, Mayor .... ./
TERRY ~MICHAEL ROBERTS, d/b/a
Attest: MIKE ROBERTS CONSTRUCTION
Marian K. Karr, CRy Clerk 'TeYry ~fichael Roberts
Approved by:
Cit~' Att~r~'e~,'~ ~ffice
ppdad nVagFcza-niffenegger.doc 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 Emest W. Lehman
and Marian K. Kan-, to me personally known, who being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of said munidpal 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 Mayer 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 TRU~T~ACKNOWLEDGEMENT'
STATE OF.t(~AAA )
..~ ~ i ~,,~ , 't~'- )ss:
~OH NSC;.I. COUNTY )
On this /~ day of ~ K , 20~, before me, the undersigned, a Nota~ Public in
and for the State of Iowa, personally appeared ~,~5 . ~[~g~, to me pemonally
known, who being by me duly sworn, did say that the pemon is one of the padnem of
Niffenegger Family Trust, an Iowa General/Limited Padnemhip, and that the instrument was
signed on behalf of the padnemhip by authod~ of the paAnem; and the pa~er acknowledged the
execution of the instrument to be the volunta~ act and deed of the padnemhip by it, and by the
padner voluntarily executed.
~ Commisslon~1384800 [ ~ublic~n~for~eStateo~
~ Solano County [
~C~,~tmNov2L~
-,,- ............... ~ My~mmissionexpires:~ ~1/ ~ ~d
ppdadm/agt/cza-ni ffen egge r.doc 4
THE IOWA STATE BAR ASSOCIATION
STATE OF IOWA , COUNTY OF. JOHNSON , ss:
On this ~ day of April , 2004 , before me, the undersigned, a Notary Public in and for
said State, personally appeared Terry Michael Roberts , to me known to
be the person named in and who executed the foregoing instrument, and acknowledged that (he)~l~)
/ I,.,/ ~ , Notary Public in and for said State.
Acknowledgment: For use in the case of natural persons acting in their own right
~ The Iowa State Bar Association
IOWADOCSTM 1/99 183 ACKNOWI.EDGMENT
Revised January, 1
5
Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5053
ORDINANCE NO.
ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES," CHAPTER 4,
"SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE
CITY CODE, TO DECREASE WATER SERVICE CHARGES AND FEES IN IOWA CITY,
IOWA.
WHEREAS, pursuant to Chapter 384, Code of Iowa (2003), the City of Iowa City is authorized to establish
and provide for the collection of rates to pay for the City's utility systems, including the City's water supply and
treatment system; and
WHEREAS, water rates were increased in 2000 to generate adequate revenues to pay the estimated costs
of operation, maintenance, necessary expansion and debt service for the City's potable water supply and
treatment system; and
WHEREAS, the bid for construction of a new water supply and treatment facility and distribution system was
less than projected; and
WHEREAS, present water rates will result in unnecessarily large reserves and can safely be reduced without
harming the financial condition of the City of Iowa City Water Division, both shod and long term; and
WHEREAS, the Iowa City City Council proposes to decrease water user fees by 5% for billings on or after
July 1,2004 to adequately finance the City's water supply and treatment facility and distribution system.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. AMENDMENT. Title 3, Chapter 4, Sect[on 3, entified "Potable Water Use and Service," of the
City Code is hereby amended by:
a. Repealing the subsection entitled "Water Service Charges" in Section 3-4-3 and substituting
the following in lieu thereof:
Amount of Fee, Charge,
Bond, Fine or Penalty
Water Service Charges Meter Size July 1, 2004
(14-3A-4) (Inchesl Charge
Minimum monthly user 5~ 6.75
charges for water service ~ 7.37
for the first 100 cubic feet I 8.69
or less of water used, 1 ~ 17.34
based on meter size 2 23.30
3 43.06
4 75.13
6 151.17
The minimum charges for larger meters will be based on comparative costs to a 6" meter. The minimum
monthly charge for an account holder who furnishes and maintains the meter at the account holder's cost will
be based on the minimum for a 5/8 inch meter, regardless of the size.
There will be no minimum monthly charge for a single-purpose water meter for the months of November to
March if no water is used.
Ordinance No.
Page 2
Monthly July 1,2004
Usage Charge
(Cu. Ft.)
Monthly user charges 101 to 3.15
for water in excess of 3,000
100 cu. ft. per month cu.ft.
for dual purpose water
meters
Over 2.26
3,000
cu.ff.
Single-purpose meter Over 100 3.15
charges for water
in excess of 100 cu. ft.
per month
Returned check/ 10.00
automatic bank debit
for payment of city
utility services
Discount for combined 1.00
accounts enrolled in
SurePay, per billing
SECTION I1. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION II1. 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, to be collected as set forth in §14-3A-4, City Code.
Passed and approved this day of ,2004
MAYOR
A'FrEST:
CITY CLERK
Approved by
City Attomey's Office
Date
finadm~ord\waterfeeO4.doc
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 4/20/04
Vote for passage: AYES: Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey,
Champion, Elliott. 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 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 am enacted in lieu thereof.
14-5A-1: Code Adopted: Subject to the following amendments, the 2003 edition of the International Building
Code (IBC) and 2003 Edition of the International Residential Code (IRC) am 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 lieu
thereof the foilowinq:
101.1 Title. These regulations shall be known as the Building Code of Iowa City, hereinafter referred to as
"this code."
B. Section 105.2 of both the IBC and IRC. Delete Section 105.2 of both the IBC and IRC and insert in lieu
thereof the following:
105.2.1 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 reapplication of shingles and roof sheathing provided less
than 50% of the sheathing is replaced and other structural alterations are not required.
15. For structures regulated by the IRC mappiication of siding and windows provided:
a. Window opening sizes are not altered and conforming rescue and escape windows are present in
all sleeping moms.
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. 04-4117
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 portion of a building (i.e. porch, porch railing, decorative brackets and trim,
dormers, chimneys, etc.) that is located within a Historic Preservation Oveday Zone or a Conservation District
Overtay Zone, or is an Iowa City Historic Landmark.
'105.9.1 Requirements. The applicant for any demolition permit shall state on the application the proposed
disposal plans for all demolition materials. No demolition permit shall be issued until seven (7) working days after
the date an application has been properly filed and said demolition permit shall not be effective until applicant has
posted the premises to be demolished with a notice to be provided by the City and as directed by the City; provided,
however, that accessory buildings as defined in the Iowa City Zoning Ordinance and having no historic significance
and dangerous buildings shall be exempt from said notice and waiting requirement.
E. Section 107.3 of both the IBC and IRC,. Amend Section 107.3 of both the IBC and IRC as follows:
107.3 Temporary power: Replace the words" ICC Electric Code" with Iowa City Electric Code.
F. Section 108.2 of both the IBC and IRC. Delete Section 108.2 in the IBC and IRC and insed in lieu thereof
the following:
108.2 Permit Fees and Valuations. The fee for any permit shall be as set forth in the building permit fee
schedule as established by resolution of the City Council. The determination of value or valuation under any of the
provisions of this Code shall be made by the Building Official. The value to be used in computing the building permit
and building plan review fees shall be the total value of all construction work for which the permit is issued, as well
as all finish work, painting, roofing, site grading, paving, landscaping, elevators, and other permanent equipment.
The value to be used in computing the value of construction for reports shall be the total value of all construction
work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air
conditioning, site grading, paving, landscaping, elevators, fire extinguisher systems and other permanent
equipment.
G. Section 108.3 of both the IBC and IRC. Delete Section 108.3 in both the IBC and IRC and insert in lieu
thereof the following:
108.3 Plan Review Fees. When a plan or other data are required to be submitted by Section 106 and the
value of the proposed building or work exceeds fifteen thousand dollars ($15,000), a plan review fee shall be
paid before the permit may be issued. Should the project be abandoned and the permit not issued after the plan
review has been started, the plan review fee shall still be due and payable. The plan review fee shall be as set
forth by resolution of City Council. Plan review fees are separate fees from the permit fee specified in Section
108.2 and are in addition to permit fees.
'H. Section 108.4 of the IBC and IRC: Delete Section 108.4 in the IBC and IRC and insert in lieu thereof the
following:
108.4 Work commencing before permit issuance: Any person who commences work on a building,
structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject
to a fee equal to the amount of the permit fee if a permit were issued. This fee shall be collected whether or not a
permit is issued. The payment of such fee shall not exempt any person from compliance with all other provisions
of this Code or from any penalty prescribed by law. Only the Building Official may reduce this fee when it is
demonstrated that an emergency existed that required the work to be done without a permit.
I. Section 108.5 of the IRC: Delete Section 108.5 in the IRC and insert in lieu thereof the following:
R108.5 Refunds: The Building Official may authorize the refunding of any fee paid hereunder which was
erroneously paid or collected. The Building Official shall not authorize the refunding of any fee paid except upon
written application filed by the original permittee within one hundred eighty (180) days from the date of fee
payment.
J. Section 108.6 of the IBC: Delete Section 108.6 in the IBC and insert in lieu thereof the following:
'108.6 Refunds:The Building Official may authorize the refunding of any fee paid hereunder which was
erroneously paid or collected. The Building Official shall not authorize the refunding of any fee paid except upon
written application filed by the original permittee within one hundred eighty (180) days from the date of fee
payment.
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. 04-4117
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 inseding 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 50o F
P. Section R305.1 of the IRC. Modify by adding a 5~h 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
shalt 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.t.t of the IRC. Modify by deleting the second exception and insert in lieu thereof the
following:
Ordinance No. 04-41].7
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 section as follows:
R322 ACCESSIBILITY
R322.1 Scope. The provisions of this section are enacted to implement the City's policy that structures
regulated by this Code constructed with public funds be constructed using universal design features that provide
accessibility and usability for all.
Public funds shall mean funding or assistance from the City of Iowa City or any agent thereof through any of the
following means:
1. a building contract or similar contractual agreement involving a City-funded program or fund;
2. any real estate received by the owner through a subsidy, lease, or donation by the City or its agents;
3. preferential tax treatment, bond assistance, mortgage assistance, or similar financial advantages from
the City or its agents;
4. disbursement of federal or state construction funds including a Community Development Block Grant;
or
5. a City contract to provide funding or a financial benefit for housing.
R322.2 Minimum accessibility requirements for all dwelling units using public funds.
1. Wall Reinforcement. One first floor bath shall be provided with wood blocking installed within wall
framing, to support grab bars as needed. The wood blocking, when measured to the center, shall be located
between thirty-three inches (33") and thirty-six inches (30") above the finished floor. The wood blocking shall be
located in all walls adjacent to a toilet, shower stall or bathtub.
2. Interior Doors. Ail 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 to the center of the switch. All receptacles shall be located at a height not less than fifteen
inches (15") above the finished floor. Height shall be determined by measuring from the finished floor to the center
of the receptacle. When the receptacle placement is prohibited by the height of a window or design feature, an
alternate location can be approved by the Building Official or a duly authorized designee.
4. No-Step Entrance. Must provide at least one building entrance that complies with the Iowa City
Building Code standard for an accessible entrance on an accessible route served by a ramp or a no-step entrance.
A building entrance door must have a minimum net clear opening of thirty-two inches (32"). The Building Official
may waive this requirement based on the determination that strict compliance is financially or environmentally
impractical.
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 Flood 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 16 12 10 8 7 6
2-story 19 15 12 10 8 7
3-story 22 17 14 11 10 9
4-inch brick veneer over light frame or 8-inch hollow concrete masonry
2-story 25 19 15 13 11 10
3-story 31 23 19 16 13 12
8-inch solid or fully grouted masonry
2-story 31 2324 19 16 13 12
3-story 40 30 20 17 15
For SI: inch = 25.4 mm, 1 pound per square foot = 0.0479 kN/mz
Ordinance No. 04-4117
Page 5
X. Section R403.1.4.1 of the IRC Modify by deleting both exceptions and inserting in lieu thereof the
following:
Exceptions:
1. One story detached accessory buildings of wood or steel frame construction not used for human
occupancy and not exceeding one thousand (1,000) square feet in floor area may be constructed using slab on
grade construction as follows. The slab shall be three and one half inches thick, poured monolithically with
thickened perimeter footings extending twelve inches (12") below finish grade and be sixteen inches (16") wide
at the base. The top of the foundation shall not be less than six inches (6") above finish grade. Reinforcement of
the slab, including the thickened portion, shall be minimum 6x6-10/10 welded wire mesh, fl4 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
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:
Kb: C.B. = Corner Bars , ~ ~ FOUNDATION PLAN:
T = Thickness T~ill I..~.~vyr'r~ LEVEL WALKOUT
'Provide corner bars to match Provide corner bars to match l
horizontal foundation wall
reinforcing into span wall 2'-0" horizontal foundation ,wall l
reinforcing into span wall 2 -0"
iS) Span (T) Wall Thickness I Horiz. Reinf? Corner Bar (CB)
10' or less 8# #4 @ 12" 2'-0"
10' to 12' 8" #5 @ 12" 2'-6"
12' to 14' 8" #6 @ 12" 3'-O"
14' to 16' 12" #5 @ 12" 2'-6"
18' to 20' 12" #6 @ 12" 3'-0"
Notes: 1. Corner Bars are in addition to required horizontal reinforcing.
2. All reinforcing splices shall be lapped a minimum of 24 diameters of the reinforcing used.
3, If tributary span is greater than 16'-0", the minimum dimension shall be 6'-0"
{tributary span = one-half IV2) of two adjoining spans).
Frost Wall & Footinq '~
Ordinance No. 04-4117
Page 6
__ 2" Minimum Inside Face of
Wall to edge of reinforcing
See Schedule for
Horizontal Reinforcing
#4 Reinforcing Vertical
30" O.C. Typical
Reinforcing Dow
Ordinance No. ~)4-4117
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. AJpha/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. N'~-~-!!7
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 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.
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 I 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 insed 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 lBO,, 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. r)4-,~ 117
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 accessible location.
The opening sha~l 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 insed 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. Pad VII Plumbing, Chapters 25 throuqh 32 inclusive of the IRC. Delete Pad VII Plumbing Chapters 25
through 32 inclusive of the IRC and insert the following:
Part VII Plumbing, Chapter 25
Section P2501 GENERAL
P2501.1 Scope. Plumbing systems shall comply with Title 14, Chapter 5 Article B, of the Iowa City
Code.
BBB. Chapter 27 of the IBC. Delete Chapter 27 of the IBC and insert the following:
Chapter 27 Electrical
Section 2701.1 Scope. Electrical systems shall comply with Title 14, Chapter 5 Article C, of the iowa
City Code.
CCC. Chapter 29 of the IBC. Delete Chapter 29 of the IBC and insert the following:
Chapter 29 Plumbing Systems
Section 2901.1 Scope. Plumbing systems shall comply with Title 14, Chapter 5 Adicle B, of the Iowa
City Code.
DDD. Part VIII Electrical, Chapters 33 through 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 IBC. Delete the first sentence of Section 3410.2 and insert in lieu thereof the
following:
3410.2 Applicability. Structures existing prior to effective date of this ordinance and in which there
is work involving additions, alterations or changes of occupancy shall be made to conform to the requirements of
this section or the provisions of Sections 3403 through 3407.
SECTION III. REPEALER. All ordinances and pads 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.
,~"~ION Vi. EFFECTIVE DATF This Ordin,a. nce shall be in effect July 1, 2004.
Pa.~d a~ approved this ~ dav.~'rJ An~'~ 1 .20 04 .
C'"ITY CLERK -
City Attorney's Office
hisbdg/ord/2002o03 bldg code amer~d/2003 ibc & irc doc
Ordinance No. 04-4117
Page iff
It was moved by Vandprhnpf and seconded by ChAmpion that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
× . Wilburn
First Consideration. 4/6/04
Voteforpassage: AYES: Bai]e~v, Champion, E]11ott, Lehman, O'Donne]],
Vanderhoef, ~H]burn. NAYS: None. ABSENT: None.
Second Consideration ................
Vote for passage:
Date published 4/?~/04
Noved b~, Vanderhoef, seconded b~v Champion, that the rule requiring ordinances.to be
considered and voted on for passage at two ¢ounci] meetings prior to the meeting at which
it is to be final].v passed be suspended, the second consideration and vote be waived and
the ordinance be voted upon for final passage at th~s time. AYES: Vanderhoef, Wi]burn,
Baile.v, Champion, E]]iott, Lehman, O'Donnel]. NAYS: None. ABSENT: None.
Prepared by: Roger Jensen, Fire Marshal, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5257
ORDINANCE NO. 04-41'18
AN ORDINANCE AMENDING TITLE 7, CHAPTER 1, FIRE 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 OR 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 3204.3.1.1. The storage of flammable cryogenic fluids in stationary containers is prohibited in
the entire City of Iowa City, Iowa.
Exception: Zones I 1&2, Cl 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, Cl 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 1&2, Cl 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.
~ 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. 04-4]1R
Page 2
shall be subject to the rules and regulations of the Iowa City Fire Department for all purposes and shall
perform such functions as the Fire Chief shall assign.
Section 104.12 Add a new section to read as follows: The code official is authorized to order an
operation or use stopped or the evacuation of any premises, building, or vehicle or portion thereof which
has or is a fire, life safety or health hazard.
Section 105.2 Add a sentence to the end of the section to read as follows: Application for an
operational permit shall be submitted with all required information not less than 14 days prior to the event
requiring a permit.
Section 108 Delete in its entirety. See 14-5-M of this Code.
Section 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 department for water based fire protection systems shall be stamped and
approved by a qualified person to be in compliance with applicable NFPA standards and the Iowa City Fire
Code. Any changes to the working plans shall be approved by a qualified person. A qualified person shall
have a minimum National Institute for Certification in Engineering Technologies [NICE'I] 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 [NICE'I] 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. N4-Z~11.~
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 #4 to the end of the section to read as follows: 4. A minimum distance of
ten (10) feet shall be maintained between underground tanks and any Residential Zone boundary.
Section 3404.3 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.
~L~L2,~,j~;~. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
Ordinance No. 04-Z~l 1R
Page 4
SECTION VII SEVERABI[ I'ry. 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 DATF. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this 20th day of Apri 1 ,20 04
"~TY CLERK
Approved by
City Attorney's Office
Ordinance No. 04-4118
Page 5
It was moved by Vanrlprhnef and seconded by Champion that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
First Consideration. 4/6/04
Voteforpassage: AYES: Champion, Elliott, Lehman, O'Donnell, Vanderhoef,
Wilburn, Bailey. NAYS: None. ABSENT: None.
Second Consideration ..............
Vote for passage:
Date published 4/28/04
Moved by Vanderhoef, seconded by Champion, that the rule requiring ordinances to considered
and voted on for passage at two Council meetings prior to the meeting at which it is to be
finally passed be suspended, the second consideration and vote be waived and the ordinance
be voted upon for final passage at this time. AYES: Vanderhoef, Wilburn, Bailey,
Champion, Elliott, Lehman, O'Donnell. NAYS: None. ABSENT: None.
Prepared by: Tim Hennes& Bernie Osvald, HIS, 410 E. Washington St., Iowa City, IA 52240; 319-356-5122
ORDINANCE NO. 04-4].].9
AN ORDINANCE AMENDING TITLE 14, CHAPTER 5, ARTICLE B, OF THE IOWA CITY CODE
OF ORDINANC£$, BY ADOPTING THE 2003 £DITION OF THE UNIFORM PLUMBING COD£,
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 II. PURPOSE It is the purpose of this ordinance to adopt the 2003 Edition of the Uniform
Plumbing Code as prepared and ed[ted 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
1
Ordinance No. 04-4119
Page 2
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 cedificate 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 III certified person or an engineer licensed in the State of Iowa with experience in
fire protection sprinkler systems on staff.
Add Section 103.2.5 Insurance Required: Before a permit to perform plumbing work may be issued, the
applicant shall have on file with the Administrative Authority a copy of a cediflcate 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: Ail 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.
Ordinance No. 04-4119
Page 3
103.4.5 Fee Refunds.
Delete Sect[on 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.
Sect[on 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 load used to determine the minimum number of sanitary fixtures
shall be the occupant load established by the 2003 International Building Code in Section 1004 and Table
1004.1.2. The established occupant load shall be assumed to be one-half (%) male and one-half (Y2) female
unless sufficient evidence to the contrary is supplied to the administrative authority.
Exception: When toilet facilities are provided for employees only, the occupant load shall be the actual
number of employees on the largest shift.
413.2 Buildings with the total occupant load of less than sixteen (16) may provide the required fixtures in a
unisex restroom. Urinals need not be provided in unisex restrooms. Buildings with an occupant load of
sixteen (16) or more shall provide separate facilities for each sex.
Ordinance No. 04-4119
Page 4
Table 4-17
Fixtures Per Person~
Type of Bui/ding2 Water Closets/Urinals9 Lavatories6 Bathtubs Drinking3
or Occupancy or Fountains
Showers
Male I Female Male I Female
For employee or staff use in all 1:1-15 1:1-15 1 for each 2 water closets
occupancies except industrial 2:16-35 2:16-35 or urinals
warehouses, workshops, facto- 3:36-55 3:36-55
des, 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 I 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 1 per 8 1 per 12 1 per 12 1 per 8 1 per 150
Add 1 fixture Add I 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 I per room I 1 per room Ilperr°°m I
Ordinance No. 04-4119
Page 5
Ward room 1 per 8 beds 1 per 10 beds 1 per 20
beds
Institutional - other than hospi- 1 per25 1 per20 1 per 10 1 per 10 1 per8 1 per 150
tals or penal institutions
Office er 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
Restaurantsa which do not 1:1-50 1:1-50 1 for each 2 water closets
serve alcohol 2:51-100 2:51-100 or urinals
3:101-175 3:101-175
4:176-300 4:176-300
Over 300, add 1 fixture per 200
additional persons
Restaurants° which serve 1:1-30 1:1-30 1 for each 2 water closets
alcohol, pubs and lounges 2:31-60 2:31-60 or urinals
3:61-100 3:61-160
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 I per 35 1 per 150
Secondary 1 per 30 1 per 30 1 per 40 1 per 40 I per 150
Ordinance No. 04-4119
Page 6
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 I 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:"
Single-family 1 per dwelling 1 per water closet I per dwell-
ing
Multi-family 1 per dwelling unit 1 per water closet 1 per dwell-
lng 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-famity
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 temporap7 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.
Ordinance No. 04-4119
Page 7
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 insed 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 shaft 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 ~ess 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.i 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 vedical 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 717.0
Section 717.0 is amended by adding the following sentence to the end of the section:
The minimum size of any building sewer shall be four (4) inches (100mm).
Ordinance No. 04-4119
Page 8
Section 807.4
Delete Section 807.4 in its entirety and insed 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 maybe 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 twoqnch (2") dry vent shall be
available in the basement.
Section 906.3
Delete Section 906.3 in its entirety and insert in lieu thereof the following:
906.3 Vent pipes shall be extended separately or combined, the full required size, not less than twelve
inches (12") above the roof or fire wall. Flagpoling of vents is prohibited except where the roof is used for
purposes in addition to weather protection. All vents within ten feet (10') of any part 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 10-1
Horizontal Distance of Trap Arms
(Except for water closet
and similar fixtures)*
Distance
Trap Arm Trap to Vent
(Inches) (Feet)
1¼ ................................................................................ 5
1¼ ................................................................................ 6
2 ................................................................................... 8
3 ................................................................................. 12
4 and larger ................................................................ 12
Slope shall be one-quarter inch (¼") per foot.
Ordinance No. 04-4119
Page 9
*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 Backflow-Prevention
Assemblies or ANSI-AWWA Standard C511-89, Reduced-Pressure Principle Backflow-Prevention
Assemblies, all as amended, for containment. The listing shall include the limitations of use based on the
degree of hazard. The backflow prevention assembly must also be listed by the International Association of
Plumbing and Mechanical Officials.
b. Approved backflow prevention assembly for containment in a fire protection system. A backflow
prevention assembly to be used in a fire protection system which meets the requirements of Factory Mutual
Research Corporation (FM) and Underwriters Laboratory (UL), in addition to the requirements of paragraph
l(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 backfiow
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.
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
dosed system.
Ordinance No. 04-4119
Page 10
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 properly 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.
Ordinance No. 04-4119
Page 11
b. Water services having no high hazard cross connections but having one or moro 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 beckflow 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. Beckflow 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.
Ordinance No. 04-4119
Page 12
e. The registered backflow prevention assembly technician shall report the assembly within fifteen (15)
calendar days of the test to the customer and to the 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
14-5B-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 comply with the requirements of this Section.
g. Deliberate falsification of documentation concerning the backflow prevention 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.
All materials used for vents and waste lines shall conform with the other provisions of this Code. The trap
shall be constructed of cast iron, cement or hard burned brick laid in cement mortar with an accessible iron
cover. Any place of business where gasoline, benzine, naphtha or other inflammable solutions or
compounds are used or kept shall be provided with special drains in the same manner as those required for
garages. Such drains and traps must be approved by the Administrative Authority. Exception: In garages
regulated by the Building Code the trap may be constructed with other watertight materials and the drain may
be piped with two (2) inch PVC as approved by the Administrative Authority.
14-5B-5: CONNECTIONS TOTHE PUBLIC SANITARY SEWER:
A. The junction pieces, slants or wyes built into the sanitary sewer during qonstruction 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 shall 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 parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION 6. PENALTIES FOR VIOLATIONS. The violation of any provision of this ordinance is a
municipal infraction.
SECTION 7. SEVERABILITY. If any section, prevision 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, prevision or part thereof not adjudged invalid or unconstitutional.
Ordinance No. 04-4119
Page 13
SECTION 8. EFFECTIVE DATE. This Ordinance shall be in effect July 1, 2004.
Passed and approved this 20th dayof ^pri] ,2004.
ClTY'OLERK
Approved by:
3-31-o¥
City Atto~'ney's Office
hisblg/ord/2002-03 code amendS003 plumbing
Ordinance No. 04-411~)
Page. 14
It was moved by Vanderhoef and seconded by Champion that the Ordinance
as read be adopted, and upon role call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilbum
First Consideration 4/6/04
Voteforpassage:AYES: Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn,
Bailey, Champion. NAYS: None. ABSENT: None.
Second Consideration ............
Vote for passage:
Date published 4/28/04
Moved by Vanderhoef, seconded by Champion, that the rule requiring ordinances to be
considered and voted on for passage at two Council meetings prior to the meeting at which
it is to be finally passed be suspended, the second consideration and vote be waived and
the ordinance be voted upon for final passage at this time. AYES: Vanderhoef, Wilburn,
Bailey, Champion, Elliott, Lehman, O'Donnell. NAYS: None. ABSENT: None.
Prepared by: Tim Henries, Sr. Building Inspector, 410 E. Washington St., iowa City, IA 52240; 319-356-5122
ORDINANCE NO. 04-4120
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 Building Official 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 insed 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 pad 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.
.~,d this 20thday oj~ Apr'i ] ,2004.
ATTEST: "~.,~.~,~....~) ~ 7'~
CI'~fiCLERK '
City Attorney's Office
HisbMg/ords/2002~3B uilding Code Amend/20031MCflnaldff.doc
Ordinance No. 04-4120
Page 2
Itwas moved by Vanderhoef and seconded by Champlnn that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
}{ Vanderhoef
X Wilburn
First Consideration 4/6/04
Vote for passage: AYES: Lehman, 0'Donnell, Vanderhoef, Wilburn, Bailey,
Champion, E11iott. NAYS: None. ABSENT: None.
Second Consideration ...............
Vote for passage:
Date published 4/28/04
Moved by Vanderhoef, seconded by Champion, that the rule requiring ordinances to be considere
and voted on for passage at two Council meetings prior to the meeting at which it is to be
finally passed be suspended, the second consideration and vote be waived and the ordinance
be voted upon for final passage at this time. AYES: Vanderhoef, Wilburn, Bailey, Champion,
Elliott, Lehman, 0'Donnell. NAYS: None. ABSENT: None.
Proparod by: Tim Honnos & Pat Hanson, HIS, 4t0 E. Washington Stroot, Iowa City, IA 52240; 3'19-356-5122
ORDINANCE NO. 04-4121
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 cedain
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 enfomement.
SECTION II1. Scope. This ordinance shall apply to and govern electrical work, as defined in the
Electrical Code, including the practice, materials and fixtures used in the installation, maintenance, extension
and alteration of ali 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 Electrical 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. 04-4121
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 insed in lieu thereof the following:
80.18 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.
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Ordinance No. 04-4121
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 alt 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 14-50-25
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 pad 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 applicant 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
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Ordinance No. 04-4121
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
further 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 regulation 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 provisions 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.
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Ordinance No. 04-4121
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 soume 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
supply of electricity or to supply electricity to any electric equipment installation for which a permit
is 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.
lC) 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:
lA) 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.
lB) 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. 04-4121
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. Article 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 properly 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 existin9 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.
(7) 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 ff (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 210.11.0.3 Exception Modify be deleting the exception in its entirety and insed in lieu thereof
the following Exception:
Exception: Where the 20-ampere circuit supplies a single bathroom, outlets for other equipment within
the same bathroom shaft 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 guardrafl for hallways or walkways which are of the
open type railin¢].
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.
Ordinance No. 04-4121
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 insed 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 cimuit,
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-t 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 dwelring 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
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 ail 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 of a 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:
250,62 Grounding Electrode Conductor l~laterial. 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
kcmil through through 1750
1100 kcmil kcmil
Over 1 I00 Over 1756 kcmil 3/0
kcmil
Notes:
1. Where multiple sets of service-entrance conductors are used as permitted in Section 230-40,
Exception 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.
J J. Section 250.104.B Modify by deleting it in its entirety and insert in lieu thereof the following:
{B) Other I~letal 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. 04-4121
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 instal/ed 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 ovemurrent 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
iocation 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: Ail 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 fl (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:
Ordinance No. 04-4[2[
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 VIOLATIONS. The violation of any provision of this Ordinance is a
municipal infraction.
SECTION VIII. SEVERABILITY: If any section, prevision 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 DATE: This Ordinance shall be in effect July 1,2004.
Passed and approved this 20thday of April ,20 04 .
C~TY CLE"RK -
Approved by
City Attorney's Office
hisbldg/ord/2002-3 Building Code Amend/2002NEC finaldft doc
10
Ordinance No. 04~4121
Page 11
It was moved by Va ndPrhnPf and seconded by £hampt on that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
× Wilbum
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 4/28/04
Moved by Vanderhoef, seconded by Champion, that the rule requiring ordinances to be considere
and voted on for passage at two Council meetings prior to the meeting at which it is to be
finally passed be suspended, the second consideration and vote be waived and the ordinance
be voted upon for final passage at this time. AYES: Vanderhoef, Wilburn, Bailey,
Champion, Elliott, Lehman, O'Donnell. NAYS: None. ABSENT: None.
Prepared by: Tim Hennes, Sr. Building Inspector, 410 E. Washington St., Iowa City, IA 52240; 319-356-5122
ORDINANCE NO. 04-43.22
AN ORDINANCE AMENDING CITY CODE TITLE 14, ENTITLED "UNIFIED DEVELOPMENT CODE,"
CHAPTER $, 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 enfomement.
SECTION II. 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 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 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.$.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 insed 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. 04-4122
Page 2
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 20th day of Apr1 ] ,2004.
ATTEST: ~.,~.~,~,~,..~ _ CI~r~CLERK
City Attomey's Office
Hisbldg/ord/2002-3 Building Code Amend/2003ifgctin aldft.doc
Ordinance No. 04-4122
Page 3
It was moved by Vanderhoef and seconded by Champion that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
First Consideration 4/6/04
Voteforpassage: AYES: Vanderhoef, Wilburn, Bailey, Champion, E1]iott,
Lehman, 0'Donnell. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published 4/28/04
Moved by Vanderhoef, seconded by Champion, that the rule requiring ordinances to be consider~
and voted on for passage at two Council meetings prior to the meeting at which it is to be
finally passed be suspended, the second consideration and vote be waived and the ordinance
be voted upon for final passage at this time, AYES: Vanderhoef, Wilburn,
Bailey, Champion, Ell'iott, Lehman, O' Donnell. NAYS: None. ABSENT: None.
l?
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE OF PUBLIC WAYS
AND PROPERTY," TO CREATE A UNIFORM PERMITFING PROCESS, TO ESTABLISH
REQUIREMENTS FOR THE FARMERS MARKET, TO PROVIDE FOR THE
NONCOMMERCIAL PLACEMENT OF OBJECTS IN CITY PLAZA ON A TEMPORARY BASIS,
TO MODIFY THE PROVISION ON RESIDENTIAL PICKETING, TO CLARIFY THE CURRENT
PROVISIONS REGULATING MOBILE VENDORS AND AMBULATORY VENDORS, TO
CODIFY SPECIFIC ADMINISTRATIVE RULES AFFECTING SAID VENDORS, AND TO MAKE
ADDITIONAL NONSUBSTANTIVE CHANGES.
WHEREAS, because there are competing uses of the public right of way including streets, City Plaza,
and parks, it is necessary to impose time, place, and manner requirements on those who seek to hold
parades and public assemblies;
WHEREAS, regulating the public right of way ensures the safe movement of pedestrians;
WHEREAS, it is desirable that there be uniformity in the permitting process and specific criteria to
guide and limit the discretion of city employees charged with granting or denying permits for uses of City
property;
WHEREAS, except for groups or entities that are affiliated with the City, such as Iowa City Kickers,
the use of public property should be either by a permit or by registration depending on the type of use;
WHEREAS, rules regarding the length and placement of noncommemial objects and structures in
City Plaza should be enacted;
WHEREAS, City oversight of ambulatory vendors and mobile vendors is primarily through
administrative rules which should be codified;
WHEREAS, the existing provision on focused residential picketing presents enforcement issues;
WHEREAS, the right of privacy and the feeling of well-being and tranquility which the residents of the
City should enjoy in their dwellings should be preserved;
WHEREAS, the practice of focused residential picketing before or about a dwelling, targeted at the
occupant or occupants of such dwelling causes emotional disturbances and distress to the occupant or
occupants and disturbs the sense of peace and tranquility enjoyed by individuals in their dwellings;
WHEREAS, there currently is no provision for the regulation of the Farmers Market, and a registration
process should be created that sets up a procedure for Farmers Market vendors to register for exclusive
use of a stall, to appeal the denial of said use, and to provide for revocation of said authorization under
specific conditions; and
WHEREAS, it is in the best interest of the City to adept these amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
Title '10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public
Assemblies," Section 1, entitled "Definitions and Exemptions," Subsection A, entitled "Definitions," is
hereby amended by adding the following new definitions:
AFFILIATED GROUP: A group of persons or an entity engaged in sports and/or recreation that
a) is affiliated with and either sponsored or co-sponsored by the City of Iowa City including, but
not limited to organized youth soccer, boys' baseball, and girls' softball; and b) has executed a
memorandum of understanding with the City for the use of public properly.
APPLICANT: A person who applies for a parade/public assembly permit as provided in this
Chapter.
PARADE/PUBLIC ASSEMBLY PERMIT: Written authorization by the City for use of public
property, including the public right of way, as provided in this Chapter.
PARK: Any park or playground owned or controlled by the City, including streets, trails, and
roadways therein.
PERSON: Any natural or corporate person, business association or other business entity
including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or
private agency of any kind, a utility, a successor or assignee of any of the foregoing, or any other
legal entity.
Ordinance No.
Page 2
PUBLIC ASSEMBLY: Any meeting, demonstration, picket line, rally or gathering of more than
twenty-five (25) persons on the public right of way or one-hundred (100) persons in a park -for a
common purpose as a result of prior planning that interferes with the normal flow or regulation of
pedestrian or vehicular traffic on the public right of way or in a park or occupies any area in the
public right of way or in a park.
PUBLIC SIDEWALK: The improved portion of public right of way dedicated to and/or intended
primarily for pedestrian use.
Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public
Assemblies," Section 1, entitled "Definitions and Exemptions," Subsection A, entitled "Definitions," is
hereby amended by repealing the definitions of "Parade" and "Public Way" and substituting in their place the
following new definitions:
PARADE: A march or procession of more than twenty-five (25) persons, vehicles or other forms
of transportation, such as bicycles, or combination thereof, in or upon the public right of way or in
a park that necessitates or results in the exclusion, in whole or in part, of use of the public right of
way or the park by others.
PUBLIC RIGHT OF WAY: The area on or below a public roadway, highway, street, bicycle lane,
alley, and public sidewalk which is designed for vehicular, bicycle or pedestrian travel and
dedicated to public use, including City Plaza as defined in Title 10,Chapter 5 of this Code
Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public
Assemblies," Section 1, entitled "Definitions and Exemptions," Subsection A, entitled "Definitions" is
hereby amended by repealing the definitions of "demonstration," "picket," "protestor," and "public
entertainment" in their entirety.
Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public
Assemblies," Section 1, entitled "Definitions and Exemptions," Subsection B, entitled "Exemptions," is
hereby amended by deleting Subsection B in its entirety and substituting in its place the following:
B. Exemptions: The following are exempt from the provisions of this Chapter:
~1. Funeral processions.
2. A gathering of an affiliated group or subpart thereof.
3. Spontaneous events responding to news or affairs coming into public knowledge within three
(3) days of such public assembly or parade provided that the organizer thereof gives written
notice to the city manager or designee at least one (1) hour prior to such parade or public
assembly.
Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public
Assemblies," Section 2, entitled "Permit and Compliance Required," is hereby amended by deleting
Section 2 in its entirety and substituting in its place the following:
A. It shall be unlawful for any person or group of persons to engage in, present, conduct or stage a
parade or public assembly without first having obtained a parade/public assembly permit as
provided in this Chapter.
B. No person shall knowingly participate in or conduct a parade or public assembly unless a
parade/public assembly permit has been obtained.
C. All parades and public assemblies shall be conducted in accordance with the provisions of the
parade/public assembly permit and shall be in compliance with all applicable State and local laws.
No person shall knowingly fail to comply with the terms and conditions of a parade/public
assembly permit.
D. No person shall unreasonably hamper, obstruct, impede, or interfere with any parade or public
assembly or with any person, vehicle or animal participating or used in any parade or public
assembly.
Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public
Assemblies," Section 3, entitled "Application for Permit," is hereby amended by deleting Section 3 in its
entirety and substituting in its place the following:
A. Filing Application:
1. An application for a parade/public assembly permit shall be filed with the City Manager or
designee by any person or group of persons desiring to use any public right of way as
provided in this Chapter. If the applicant is not a natural person, the applicant shall identify a
natural person who has authority to act for the applicant with regard to the parade or public
assembly.
2. All applications shall be filed at least three (3) working days in advance of the date of the
requested use.
Ordinance No.
Page 3
3. Applications shall be made on forms prepared by the City Manager or designee.
B. Application Form:
The application form shall contain the following information:
1. Name and address of the applicant.
2. An acknowledgement to be signed by a natural person that he or she has authority to act on
behalf of the group that is requesting the permit.
3.The type of event that is planned, namely parade, or public assembly.
4.Proposed location or locations.
5.Expected size of group.
6.Date, time and expected duration of the use.
7. Names and contact information of the person(s) to be present at and who will serve as the
contact person(s) for the applicant at the proposed parade or public assembly.
8. List and description of mechanical or electronic equipment to be used, including sound
amplification.
9. Number and type of any motor vehicles or other forms of transportation to be used, including
bicycles.
10.Number and type of any animals to be used.
11. Proposal to monitor the event, including the names of any person not employed by the City
who will be responsible for setting up, cleaning up, or maintaining order and whether the
police depadment will be needed to assist in maintaining order.
12.Proposal for cleanup.
13. Except if the parade or public assembly is held entirely on a public sidewalk, on city plaza, or
in a park and does not require any equipment, cables, objects, structures, or similar items to
be placed on the sidewalk, city plaza, or park an agreement in which the applicant shall
agree to:
pay on behalf of the City all sums which the City shall be obligated to pay by reason of any
liability imposed upon the city for damages of any kind resulting from use of public property
and the public right of way, whether sustained by any person or person, caused by accident
or otherwise and shall defend at its own expense and on behalf of the City any claim against
the City arising out of the use of public property and the public right of way.
14. Except if the parade or public assembly is held entirely on a public sidewalk, on city plaza, or
in a park and does not require any equipment, cables, objects, structures, or similar items to
be placed on the sidewalk, city plaza, or park, insurance is required in the reasonable
amount necessary to minimize risk of harm to persons and property based on the nature and
size of the event, as determined by the City's Risk Manager. The speech content of the
parade or public assembly shall not be a factor in determining the amount of insurance. The
insurance requirement may be waived if applicant demonstrates inability to obtain insurance
or to pay the cost of insurance.
15. Any other information that the City Manager or designee finds necessary.
Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public
Assemblies," Section 4, entitled "Issuance or Denial of Permit," is hereby amended by deleting Section 4 in
its entirety and substituting in its place the following:
A. Standards for Issuance of Permit: The City Manager or designee shall grant or deny the
application for a permit in writing, which shall be mailed by ordinary mail or personally delivered to
the applicant and stating the reasons therefore within seven (7) working days of the application
being filed, and no later than the day prior to the event assuming the application is timely filed.
The City Manager or designee shall examine the application and shall grant a permit if the
following conditions are met:
1. The use will not unreasonably interfere with the privacy, safety, security, convenience and
tranquility of the residents or inhabitants of the area in light of the date and time of said
proposed use.
2. The proposed public right of way can accommodate the group or use, based both on group
size and on health and sanitation facilities, whether available or to be provided by applicant.
3. The proposed use or activity is compatible with the normal activity of the proposed public
right of way at the requested time or date.
4. The application demonstrates the applicant has the means, planning and coordination to hold
the proposed event, considering the time of day, location, public facilities available, traffic
Ordinance No.
Page 4
control, parking requirements and any monitoring required to protect the public health and
safety.
5. The event will not interfere with either another event for which a permit has already been
granted or an event organized and conducted by the City for the same date and time
6. The use will not substantially interrupt the flow of street and/or pedestrian traffic.
7. The use will not require the excessive diversion of police from other duties or substantially
interfere with the City's firefighting operations.
8. The use does not create undue health or safety hazards
9. All applicable fees have been paid.
10. The application is fully completed and executed.
11. The indemnification agreement has been signed, if applicable.
12. A certificate of insurance showing compliance with this section has been provided, if
applicable.
13. The application contains no material falsehood or misrepresentation.
14. The applicant is legally competent to contract and to sue and be sued.
15. The applicant has not damaged City property, and if the applicant has, the damage has been
paid in fu~l, and has paid all other outstanding and unpaid debts to the City.
16. The use or activity intended by the applicant is not prohibited by law.
17. The applicant paid clean up costs, if any, within thirty (30) days of the date of invoice as the
result of a previously issued permit.
18. Additional police protection, if required under this chapter, has been secured.
B. Contents and Conditions of Permit: The permit shall contain the following information:
1. Name, address, and telephone number of permittee.
2. Time, date and place of the permitted activity.
3. if a parade, the route and staging area.
4. Number of monitors or policing personnel required for safe use of the public right of way.
5. Such other information that the City Manager or designee finds necessary for the
enforcement of this Chapter.
Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public
Assemblies," Section 5, entitled "Appeals Regarding Issuance or Denial of Permit," is hereby amended by
deleting Section 5 in its entirety and substituting in its place the following:
A. Any party aggrieved by the City Manager's or designee's decision to grant or deny a permit under
this Chapter may appeal the determination to the City Council if, within five (5) working days after
the decision, the party files a written notice of appeal with the City Clerk. In such event, a hearing
shall be held by the City Council no later than its next regularly scheduled meeting, assuming the
appeal is filed in time to allow notice of said appeal in accordance with Chapter 21 of the Iowa
Code.
B. Upon such hearing, the City Council may, based upon the standards enumerated herein,
reverse, affirm or modify in any regard the City Manager's or designee's decision. The City
Council's decision is the final decision.
Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public
Assemblies," Section 6, entitled "Revocation of Permit," is hereby amended by deleting Section 6 in its
entirety and substituting in its place the following:
The City Manager or designee, or the City Council if issued following an appeal, may revoke a
parade/public assembly permit if:
A. it is determined that the permittee has misstated any material fact in the application,
B. there is a substantial and material variance between the information in the application and the
actual facts or those facts which appear reasonably to have occurred,
C. when it is determined by the Chief of Police or the Fire Chief that, by reason of disaster, public
calamity, riot or other emergency, the public safety requires such revocation,
D. the permittee's insurance has been cancelled, or
E. the permittee is operating in violation of the terms and conditions of the permit or local, state, or
federal law.
A permit holder may appeal the revocation in the same manner as appealing the issuance or denial of
a permit.
Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public
Assemblies," is hereby amended by adding a new Section 7, entitled "Sale or Assignment of Permit," as
follows:
Ordinance No.
Page 5
The sale, transfer, or assignment of a permit is prohibited.
Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public
Assemblies," is hereby amended by adding a new Section 8, entitled "Fees," as follows:
Fees for permits shall be set by resolution of City Council.
Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public
Assemblies," is hereby amended by adding a new Section 9, entitled "Police Protection," as follows:
A. The Chief of Police or designee shall determine whether and to what extent additional police or
security protection is reasonably necessary for the parade or public assembly for traffic control
and public safety. The Chief of Police or designee shall base this decision on the size, location,
duration, time and date of the event, the number of streets and intersections blocked, and the
need to detour or preempt citizen travel and use of the public right of way. The speech content of
the event shall not be a factor in determining the amount of police protection necessary. If
possible, without disruption of ordinary police services or compromise of public safety, regularly
scheduled on-duty personnel will police the event. If additional police or security protection for
the parade or public assembly is deemed necessary by the Chief of Police or designee, the
applicant shall be so informed. The applicant shall have the duty to secure the police or security
protection deemed necessary by the Chief of Police or designee at the sole expense of the
applicant.
B. Persons engaging in parades or public assemblies conducted for the primary purpose of public
issue speech protected under the First Amendment are not required to pay for any police
protection provided by the City.
Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public
Assemblies," is hereby amended by adding a new Section 10, entitled "Penalties," as follows:
Any violation of this Chapter shall be considered a simple misdemeanor or municipal infraction as
provided for in Title 1, Chapter 4 of this Code.
Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations," is
hereby amended by changing the title of Chapter 2 to "Picketing."
Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations,"
Section 1, entitled "Definitions," is hereby amended by adding the following new definitions:
PICKETER: A person who engages in picketing with or without signs or placards.
PICKETING: The practice of standing, marching, congregating, protesting, demonstrating, or
patrolling by one or more persons for the purpose of persuading, discussing, educating,
advocating, or informing another person or persons or for the purpose of protesting some action,
attitude, policy, or belief. It does not include social, random, or other everyday communication.
PRIVATE RESIDENCE: A single-family, duplex, or multi-family dwelling.
PUBLIC RIGHT OF WAY: The area on or below a public roadway, highway, street, bicycle lane,
alley, and public sidewalk which is designed for vehicular, bicycle or pedestrian travel and
dedicated to public use, including City Plaza as defined in Title 10 Chapter 5.
PUBLIC SIDEWALK: The improved portion of public right of way dedicated to and/or intended
primarily for pedestrian use.
RESIDENTIAL PICKETING: Picketing that is directed, focused, or targeted at a particular private
residence and that takes place directly in front of the particular private residence or the private
residences on either side of the targeted private residence.
RESIDENTIAL ZONE: All Zones defined in Title 14, Chapter 6, Article D of this Code.
Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations,"
Section 1, entitled "Definitions," is hereby amended by deleting the definitions of "demonstration," "picket,"
"protester," and "public way" in their entirety.
Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations,"
Section 2, entitled "Use of Streets and Sidewalks for Picketing, Protesting and Demonstrating," is hereby
amended by changing the title of Section 2 to "Use of Sidewalks for Picketing."
Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations,"
Section 2, entitled "Use of Streets and Sidewalks for Picketing, Protesting and Demonstrating," is hereby
amended by deleting Section 2 in its entirety and substituting in its place the following:
A. No picketing except as authorized by a parade/public assembly permit issued under Title 10,
Chapter 1 of the Code, shall be conducted on that portion of the streets used primarily for
vehicular or bicycle traffic.
Ordinance No.
Page 6
B. Interference with Traffic, Businesses and Public Facilities: Picketers shall not block or obstruct
free passage of any pedestrian, vehicular traffic, or bicycle traffic or interfere with ingress or
egress to any business or public facility.
Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations,"
Section 3 entitled "Prohibited Acts and Conditions," is hereby amended by deleting Section 3 in its entirety,
by substituting in its place the following, and by entitling the new Section 3 as "Residential Picketing": A. It shall be unlawful for any person to engage in residential picketing.
B. Nothing herein shall prohibit: 1) The residential picketing of a residence which is used as the
occupant's sole place of business; 2) The residential picketing of a private residence used as a
public meeting; 3) A person or group of persons from marching without stopping at a particular
private residence; or 4) A person or group of persons from marching on a defined route without
stopping at any particular private residence.
C. Before a person may be cited for violation of this provision, the person must have been ordered to
move, disperse, or otherwise remedy the violation by either a police officer or a person with
authority to control the use of the private residence which is the focus or target of the residential
picketing.
Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations,"
Section 4 entitled "Advanced Notice of Proposed Picketing, Protesting or Demonstrating," is hereby
amended by deleting Section 4 and substituting in its place the following:
A. Police officers are authorized to disperse persons who are picketing whenever such picketing is
in violation of this Chapter and poses a threat to public health, safety or orderly flow of traffic.
B. It shall be unlawful for any person to refuse to disperse or move on when so directed by a police
officer as herein provided.
Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations,"
Section 5 entitled "Duty to Disperse as Directed by Police," is hereby amended by deleting Section 5 in its
entirety.
Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations,"
Section 6 entitled "Obstruction of Public Ways," is hereby amended by deleting Section 6 in its entirety.
Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of
Sidewalks," Section 1, entitled "Definitions," is hereby amended by adding the following new definitions:
APPLICANT: A person who applies for a permit as provided in this Chapter.
MOBILE VENDING LOCATION: An appropriate area to operate a mobile vending cart as
determined and assigned by the City Manager, or designee, in writing within the boundaries of
city plaza and the 100, 200, and 300 blocks of Iowa Avenue for the operation of mobile vending
carts. Each mobile vending permit shall carry with it the authorization to operate at one or two (2)
designated locations.
MOBILE VENDOR PERMIT: Written authorization by the City for use of public property, including
public right of way, by a mobile vendor as provided in this Chapter.
PERSON: Any natural or corporate person, business association or other business entity
including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or
private agency of any kind, a utility, a successor or assignee of any of the foregoing, or any other
legal entity.
TEMPORARY USE OF SIDEWALK PERMIT: Written authorization by the City for use of sidewalk
as provided in this Chapter.
Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of
Sidewalks," Section 1, entitled "Definitions," is hereby amended by deleting the definition of "public right of
way" and substituting in its place the following new definition:
PUBLIC RIGHT OF WAY: The area on or below a public roadway, highway, street, bicycle lane,
alley, and public sidewalk which is designed for vehicular, bicycle or pedestrian travel and
dedicated to public use, including City Plaza as defined in Title 10, Chapter 5 of the Code.
Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of
Sidewalks," Section 2, entitled "Use of Public Sidewalks Restricted," is hereby amended by deleting
Section 2 in its entirety and substituting in its place the following:
Use of public sidewalks for any commercial purpose, including sidewalk cafes, shall be unlawful
except as specifically provided herein or as specifically authorized by this chapter.
Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of
Sidewalks," Section 4, entitled "Number of Permits; Use Limitations; Excluding Side-walk Cafes and
Ordinance No.
Page 7
Mobile Vending Carts," is hereby amended by deleting Section 4 .in its entirety, by substituting in its place
the following, and by entitling new Section 4 as 'q'emporary Use of Sidewalk Permits":
The City Manager or designee is authorized to issue no more than two Temporary Use of
Sidewalk Permits per calendar year to businesses or business organizations for any commercial
purpose in commercially zoned districts excluding permits for sidewalk cafes, ambulatory
vendors, and mobile vending carts. Temporary Use of Sidewalk Permits shall be limited to the
temporary use of sidewalks and public right-of-way abutting said businesses and shall be limited
to no more than three (3) days for any one permit.
A. Application for Permit.
1. Filing an Application.
a. An application for a Temporary Use of Sidewalk Permit shall be filed with the City
Manager or designee by any person or group of persons desiring to use 'the public right of
way as provided in this Chapter. If the applicant is not a natural person, the application
shall identify a natural person who has authority to act for the applicant with regard to the
temporary use of the sidewalk.
b. All applications shall be received five (5) days before proposed use.
c. Applications shall be made on forms prepared by the City Manager or designee.
2. Application Form.
The application form shall contain the following information:
a. Name, address, and telephone number of the applicant.
b. An acknowledgement to be signed by a natural person that he or she has authority over
the permitted use of the sidewalk.
c. Name and address of applicant's business.
d. Days and hours of requested use.
e. Description of use.
e. An agreement in which the applicant shall agree to:
pay on behalf of the City all sums which the City shall be obligated to pay by reason of
any liability imposed upon the city for damages of any kind resulting from use of public
property and the public right of way, whether sustained by any person or person, caused
by accident or otherwise and shall defend at its own expense and on behalf of the City
any claim against the City arising out of the use of public property and the public right of
way.
f. Insurance as required in a reasonable amount necessary to minimize risk of harm to
persons or property based on the nature and size of the event, as determined by the
City's Risk Manager. The insurance requirement may be waived if applicant
demonstrates inability to obtain insurance or to pay the cost of insurance.
g. Any other information that the City Manager or designee finds necessary.
B. Issuance or Denial of Permit.
1. Standards for Issuance of Permit. The City Manager or designee shall grant or deny the
application for Temporary Use of Sidewalk Permit in writing, which shall be mailed by
ordinary mail or personally delivered to the applicant, and state the reasons therefore within
seven (7) working days of the application being filed. The City Manager or designee shall
examine the application and shall issue said permit if the following conditions are met:
a. The applicant's proposed use will not impede the free flow of pedestrian traffic along the
public right of way or in or out of adjacent properties.
b. All applicable fees have been paid.
c. The application is fully completed and executed.
d. The indemnification agreement has been signed.
e. A certificate of insurance showing compliance with this section has been provided.
f. The application contains no material falsehood or misrepresentation.
g. The applicant is legally competent to contract and to sue and be sued.
h. The applicant has not damaged City property, and if the applicant has, the damage has
been paid in full, and has paid all other outstanding and unpaid debts to the City.
i. No permit has already been issued for the same time and place.
j. The use does not conflict with previously planning programs organized and conducted by
the City and previously scheduled for the same time and place.
2. Contents and Conditions of Permit. The permit shall contain the following information:
a. Name, telephone number, and address of permittee.
Ordinance No.
Page 8
b. Time, date and place of the permitted activity.
c. The permittee shall only offer for sale its own goods and products and shall not offer for
sale any tobacco product.
d. Such other information that the City Manager or designee finds necessary for the
enforcement of this Chapter.
C. Appeals. Any party aggrieved the City Manager's or designee's decision to grant or deny a permit
under this Chapter may appeal the determination to the City Council if, within five (5) working
days after the decision, the party files a written notice of appeal with the City Clerk. In such event,
a hearing shall be held by the City Council no later than its next regularly scheduled meeting,
assuming the appeal is filed in time to allow notice of said appeal in accordance with Chapter 21
of the Iowa Code. Upon such hearing, the City Council may, based upon the standards
enumerated herein, reverse, affirm or modify in any regard the City Manager's or designee's
decision. The City Council's decision is the final decision.
D. The sale, transfer, or assignment of a temporary use of sidewalk permit is expressly prohibited.
E. Revocation of Permit. The City Manager or designee, or the City Council if issued following an
appeal, may revoke a permit if:
1. It is determined by the Chief of Police or the Fire Chief that, by reason of disaster, public
calamity, riot or other emergency, the public safety requires such revocation is necessary to
protect health, safety, and welfare
2.The permitee has misstated any material fact in the application
3. There is a substantial and material variance between the information in the application and
the actual facts or those facts which appear reasonably to have occurred.
4.The permitee is operating in violation of the terms and conditions of the permit.
5.The permitee is operating in violation of the terms of the permit or local, state, or federal law.
6.The permitee's insurance has been cancelled.
A permit holder may appeal the revocation in the same manner as appealing the issuing or
denying of a permit.
F. Fees. Fees for permits shall be set by resolution of City Council.
Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of
Sidewalks," Section 5, entitled "Use by Mobile Vendors," is hereby amended by deleting Section 5 in its
entirety and substituting in its place the following:
A. Application for Permit
1. Filing an Application.
a. An application for a mobile vendor permit shall be filed with the City Manager or designee
by any person or group of persons desiring to use the public right of way as provided in
this Chapter. If the applicant is not a natural person, the applicant shall identify a natural
person who has authority to act for the applicant with regard to the mobile vending
operation.
b. All applications for mobile vendor permits must be received by January 31 of the calendar
year for which the permit will be issued.
c. Applications shall be made on forms prepared by the City Manager or designee.
2. General Provisions
a. No more than five (5) permits shall be issued each calendar year for the City Plaza and
no more than two (2) permits shall be issued each calendar year for the 100, 200, and
300 blocks of Iowa Avenue.
b. No tobacco or alcoholic beverages shall be offered for sale.
c. At a minimum, mobile vendors shall operate during the following hours from May 1 to
October 1:(1 ) 11:00 a.m. to 2:00 p.m. on Monday through Saturday; (2) 5:00 p.m. to 8:00
p.m. on Thursday through Saturday; and (3) three (3) additional hours each day on
Monday through Wednesday as selected by the permitee.
3. Application Form
The application form shall contain the following information:
a. Name, address, and telephone number of the applicant.
b. An acknowledgement to be signed by a natural person that he or she has authority over
the permitted use of the sidewalk.
c. List of past permits issued.
d. Description of food and/or beverage product to be sold.
e. Requested location or locations of operation.
Ordinance No.
Page 9
f. Electrical appliances to be used.
g. Fuel needed to power equipment.
h. Hours of operation.
i. Months of operation.
j. Location of overnight cad storage.
k. Description of cad including its dimensions.
I. The three (3) additional hours the permitee has selected to operate on Mondays through
Wednesdays.
m. An agreement in which the applicant shall agree to:
pay on behalf of the City all sums which the City shall be obligated to pay by reason of
any liability imposed upon the city for damages of any kind resulting from use of public
property and the public right of way, whether sustained by any person or person, caused
by accident or otherwise and shall defend at its own expense and on behalf of the City
any claim against the City arising out of the use of public property and the public right of
way.
n. Acknowledgment that the applicant has contacted the Johnson County Health
Department and has reviewed health code requirements.
o. Insurance is required in a reasonable amount necessary to minimize risk of harm to
persons and property based on the intended use, as determined by the City's Risk
Manager.
p. Any other information that the City Manager or designee finds necessary.
B. Issuance or Denial of Permit
Standards. The City Manager or designee shatl grant or deny the application for a mobile vendor
permit in writing within a reasonable time, which shall be mailed by ordinary mail or personally
delivered to the applicant, and state the reasons therefore no later than sixty (60) calendar days after
the application being filed. The length of time which is reasonable shall be determined by the type of
use requested, the information supplied, the time the application is filed, and the extent of advance
preparation and planning demonstrated and reasonably required. The City Manager or designee shall
issue a permit if the following conditions have been met:
1. A mobile vending location is available which will not interfere the free movement within the
emergency/service lane.
2. The applicant's proposed mode of operation will not impede the free flow of pedestrian
traffic along the public right of way or in or out of adjacent properties.
3. The applicant agrees to operate the applicant's business only at assigned mobile vending
locations.
4. The dimensions of the applicant's vending cart shall not exceed a size of four feet (4') wide
by nine feet (9') long by eight feet (8') high.
5. The applicant has adequate storage for the mobile vending cart off the city p~aza or public
right of way.
6. The applicant has obtained all necessary permits required by the county department of
health.
7. All applicable fees have been paid.
8. The application is fully completed and executed.
9. The indemnification agreement has been signed.
10. A certificate of insuranca showing compliance with this section has been provided.
11. The application contains no material falsehood or misrepresentation.
12. The applicant has not damaged City property, and if the applicant has, the damage has
been paid in full, and the applicant has paid all other outstanding and unpaid debts to the
City.
13. The applicant has complied with applicable laws concerning the sale or offering for sale of
any goods or services.
14. The use or activity intended by the applicant is not prohibited by law.
15. No other mobile vendor permit has been issued for substantially the same food or beverage
product.
Contents and Conditions of Permit: The permit shall contain the following information:
1. Permitee's name, telephone number, and address.
2. Time, date and place of the permitted activity.
3. The permitee's mobile vending location.
Ordinance No.
Page 10
4. Such other information that the City Manager or designee finds necessary for the
enforcement of this Chapter.
C. Appeals
Any party aggrieved by the City Manager's or designee's decision to grant or deny a mobile
vending permit may appeal the determination to the City Council if, within five (5) working days
after the decision, the party files a written notice of appeal with the City Clerk. In such event, a
hearing shall be held by the City Council no later than its next regularly scheduled meeting,
assuming the appeal is filed in time to allow notice of said appeal in accordance with Chapter 21
of the Iowa Code. Upon such hearing, the City Council may, based upon the standards
enumerated herein, reverse, affirm or modify in any regard the City Manager's or designee's
decision. The City Council's decision is the final decision.
D. The sale, transfer, or assignment of a mobile vending permit is expressly prohibited.
E. Revocation of Permit. The City Manager or designee, or City Council if issued following an
appeal, may revoke a mobile vending permit if:
1. It is determined by the Chief of Police or the Fire Chief that, by reason of disaster, public
calamity, riot or other emergency, the public safety requires such revocation.
2.The permitee has misstated any material fact in the application.
3. There is a substantial and material variance between the information in the application and
the actual facts or those facts which appear reasonably to have occurred.
4.The permitee is operating a mobile vending cart in violation of the terms of the permit.
5.The permitee's insurance has been cancelled.
6.The permittee violates any administrative rules.
A permittee may appeal the revocation in the same manner as appealing the issuance or denial
of a permit.
F. Fees. Fees for mobile vending permits shall be set by resolution of City Council.
G. Administrative Rules. The City Manager is authorized to establish administrative rules not
inconsistent with any ordinance to carry out the provisions of this Chapter. A copy of said rules
shall be on file with the City Clerk.
Title 10, entitled "Use of Public Ways and Property," Chapter 4, entitled "Posting Bills" is hereby
amended by changing the title of chapter 4 from "Posting Bills" to "Posting Handbills."
Title 10, entitled "Use of Public Ways and Property," Chapter 4, entitled "Posting Bills," Section 1,
entitled "Definitions," is hereby amended by adding the following new definitions:
COMMERCIAL HANDBILL: Any printed or written matter, any sample or device, circular, leaflet,
pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any
matter or literature: (1) which advertises for sale any merchandise, product, commodity, or thing
(2) which directs attention to any business or mercantile or commercial establishment, or other
activity, for the purpose of either directly or indirectly promoting the interests thereof by sales; (3)
which directs attention to or advertises any meeting, theatrical performance, exhibition, or event
of any kind, or (4) which, while containing reading matter other than advertising matter, is
predominantly and essentially an advertisement, and is distributed or circulated for advertising
purposes, or for the private benefit and gain of any person so engaged as advertiser or
distributor.
NONCOMMERCIAL HANDBILL: Any printed or written matter that is not a newspaper.
PERSON: Any natural or corporate person, business association or other business entity
including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or
private agency of any kind, a utility, a successor or assignee of any of the foregoing, or any other
legal entity.
Title 10, entitled "Use of Public Ways and Property," Chapter 4, entitled "Posting Bills," Section 1,
entitled "Definitions," is hereby amended by deleting the definition of "billposters and distributors" in its
entirety.
Title 10, entitled "Use of Public Ways and Property," Chapter 4, entitled "Posting Bills," Section 2,
entitled "Manner of Distribution Generally; Unlawful Distributions of Public Ways," is hereby amended by
deleting Section 2 in its entirety and substituting in its place the following:
Distribution of commercial handbills and noncommercial handbills shall be made in such a
manner so as not to create a public nuisance.
Title 10, entitled "Use of Public Ways and Property," Chapter 4, entitled "Posting Bills," is hereby
amended by adding as new Section 3, entitled "Posting of Handbill Prohibited," as follows:
Ordinance No.
Page 11
In the right-of-way or on public land, no person shall post, stick, stamp, paint or otherwise affix, or
cause the same to be done by any person, any commercial handbill or noncommercial handbill
calculated to attract the attention of the public, upon any right-of-way or any lamp post, electric
light, telephone pole, bulletin board of a kiosk, railway structure, hydrant, tree or tree-box, or upon
the columns, trusses, girders, railings, gates or other public part of any public bridge or viaduct, or
other public structure or building, or upon any pole, box or fixture of the fire alarm except as may
be authorized or required by law.
Title 10, entitled "Use of Public Ways and Property," Chapter 4, entitled "Posting Bills," Section 3,
entitled "Billboard Maintenance Requirements" and Section 4, entitled "Penalties", are hereby amended
by renumbering Section 3 as Section 4 and renumbering Section 4 as Section 5 respectively.
Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 1,
entitled "Purpose and Intent," is hereby amended by adding new Subsections E and F as follows:
E. Supporting economic activity by allowing vendors to sell their goods in City Plaza.
F. Ensuring safe movement of pedestrians in City Plaza.
Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 2,
entitled "Definitions," is hereby amended by adding the following new definitions:
AMBULATORY VENDOR PERMIT: Written authorization by the City for use of public property,
including public right of way, by an ambulatory vendor as provided in this Chapter.
APPLICANT: A person who applies for a permit as provided in this Chapter.
MOBILE VENDOR PERMIT: Written authorization by the City for use of public property, including
public right of way, by a mobile vendor as provided in Chapter 3.
NEWSPAPER: Any newspaper of general circulation as defined by general law, any newspaper
duly entered with the U.S. Postal Service, in accordance with federal statute or regulation, and
any newspaper filed and recorded with any recording officer as provided by general law. And, in
addition thereto, shall mean and include any periodical or current magazine regularly published
with not less than four issues per year, and sold to the public.
PERSON: Any natural or corporate person, business association or other business entity
including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or
private agency of any kind, a utility, a successor or assignee of any of the foregoing, or any other
legal entity.
PUBLIC RIGHT OF WAY: The area on or below a public roadway, highway, street, cartway,
bicycle lane, alley, and public sidewalk which is designed for vehicular, bicycle or pedestrian
travel and dedicated to public use, including City Plaza.
ZONE 1: The ten-foot (10') strip directly abutting the private property lines in City Plaza. Zone 1
extends the length of the City P~aza along all sides of the Plaza. Zone 1 is illustrated on the City
Plaza Map that is kept on file in the office of the City Clerk, which can be amended, from time to
time, by resolution of the City Council.
ZONE 2: The six-foot (6') pedestrian lanes in the City Plaza adjoining Zone 1 on each side, the
landscaped areas, the areas with street furniture and features and other areas as specified on the
City Plaza Map. Zone 2 is illustrated on the City Plaza Map that is kept on file in the office of the
City Clerk, which can be amended, from time to time, by resolution of the City Councik
ZONE 3: The emergency/service lane in City Plaza. Zone 3 is illustrated on the City Plaza Map
that is kept on file in the office of the City Clerk, which can be amended, from time to time, by
resolution of the City Council.
Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 2,
entitled "Definitions," is hereby amended by deleting the definitions of "ambulatory vendor" and "kiosk" and
by substituting in their place the following new definitions:
AMBULATORY VENDOR: A person selling goods or services, including arts and crafts, while
moving through Zones 1, 2 and 3 and operating without the use of a mobile vending cart and with
a minimum of equipment such as a person selling balloons and a portrait artist.
KIOSK: A small, public-owned structure that is stationary and that contains newspaper vending
units.
Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 2,
entitled "Definitions," is hereby amended by deleting the definitions of "mobile vending cart" and "mobile
vendor" in their entirety.
Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 3,
entitled "Description of Mall Zones," is hereby amended by deleting Section 3 in its entirety.
Ordinance No.
Page 12
Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 4,
entitled "Bicycle and Nonmotorized Vehicle Restrictions," is hereby amended by deleting Section 4 in its
entirety and by substituting the following new section in its place and renumbering it Section 3:
A. Bicycles. No person shall ride a bicycle within the city plaza; no bicycles shall be left unattended
within city plaza unless located in a bicycle rack; no bicycle shall be locked or affixed to any post
or structure other than a bicycle rack.
B Nonmotorized Vehicles. No person shall travel upon or operated a nonmotorized vehicle within
the city plaza, except for a persons with disabilities using a vehicle designed for use by person
with disabilities.
Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 5,
entitled "Motor Vehicle Regulations," is hereby amended by deleting Section 5 in its entirety and by
substituting the following new section in its place and renumbering it Section 4:
No person shall operate a motor vehicle, except emergency vehicles, within the limits of city plaza
without authorization issued by the city manager or designee:
A. Any business located on property which does not otherwise abut a public right of way other than
city plaza may be granted continuous motor vehicle authorization upon a showing that such is
necessary to provide for the delivery of goods to or from the business. Such authorization shall
allow the vehicle within the city plaza only during active loading and unloading.
B. Any person may be granted such authorization upon a showing that the placement or operation of
a motor vehicle upon city plaza for a specified, limited period of time is necessary for delivery or
other legitimate purpose.
Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 6,
entitled "Removal of Snow and Ice Accumulations from Building Runoff," is hereby amended by deleting
Section 6 in its entirety and by substituting the following new section in its place and renumbedng it Section
5:
Removal of accumulations of snow and/or ice in Zone 1 of city plaza resulting from building runoff
shall be the responsibility of the adjoining property owner.
Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 7,
entitled "Animals Restricted," is hereby amended by deleting Section 7 in its entirety and by substituting the
following new section in its place and renumbedng it Section 6:
No person shall take, accompany or allow any animal into city plaza except as permitted in Title
8, Chapter 4, Section 12 of the Code. This provision shall not apply to an animal trained to assist
persons with disabilities or an animal that is securely confined within an animal carrier, kennel,
cage, or crate and does not create a public nuisance.
Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 8,
entitled "Use of City Plaza," is hereby amended by deleting Section 8 in its entirety and by substituting the
following new section in its place and renumbedng it Section 7:
A. No commercial use of city plaza is allowed except as authorized in this Chapter.
B. Private Uses Authorized in Each Zone
1. Zone 1:
a. Ambulatory Vendor Permits, Arts and Crafts Vendor Permits, Sidewalk Caf~ Permits,
Parade/Public Assembly Permits.
b. Building extensions where, in the sole judgment of the city council, such extensions
enhance the quality of city plaza.
c. Landscaping with the permission of the City Manager or designee.
d. Display window extensions with the permission of the City Manager or designee
e. Building front and/or basement extensions, provided the use of the extension is the same
as the store activity with the permission of the City Manager or designee.
2. Zone 2:
a. Permits issued under either this chapter or Chapter 1.
b. Landscaping with the permission of the City Manager or designee.
c. Newspaper racks.
d. Temporary placement of noncommercial objects and structures as authorized herein.
3. Zone 3:
a. Ambulatory Vendor Permits.
C. Modification Of Plaza Landscaping: City Plaza landscaping may be modified or removed to a
limited extent if the net effect enhances the ambience of the City Plaza and if approved by the
City Manager or designee. In such cases, the person must agree to restore the City Plaza
Ordinance No.
Page 13
landscaping to its original condition and provide a bond or escrow account in an amount
determined by the City Manager or designee.
D. Days and Hours of Operation: Buildings extended onto the City Plaza are to be open at least
during normal retail business hours, Monday through Saturday, throughout the year. Mobile
vendors shall operate during the times proscribed in this chapter.
E. The City Manager or designee may:
1. Require a reasonable amount of insurance coverage for any use in the City Plaza not
inconsistent with other provisions of this Title to minimize the risk of harm to persons and
property when the activity or event being sponsored on City Plaza creates a higher than
usual risk of City or public liability exposure due to the nature of the activity or event or due to
the expected number of participants or spectators as determined by the City's Risk Manager;
2. Waive the insurance requirements for events or activities sponsored by the agencies of the
State, the University of Iowa or other governmental subdivisions, provided such entities enter
into an agreement satisfactory to the City Attorney to protect and hold harmless the City, its
officers, agents and employees from and against all claims, lawsuits, damages, losses and
expenses in any manner resulting from or arising out of the activity or event covered by the
permit or to accept full responsibility for safe activity or event and to defend the City, its
officers, agents and employees with regard thereto.
F. Newspaper Vending Units in Kiosks:
'1. Newspapers may utilize the newspaper vending units in the kiosks.
2. Upon the filing of an application by a newspaper with the City Manager or designee and upon
payment of an annual administrative fee, payable April 1 of each year and set by City Council
resolution, the City shall make available one unit in a kiosk. Each newspaper may utilize only
one unit unless the number of applications does not exceed the available kiosk units.
3. If the number of applications exceeds the available kiosk units, the City will handle the
applications on a lottery basis, to be conducted by the City Manager or designee prior to April
1 of each year. After completion of the lottery, if needed, the City Manager or designee shall
provide written notice of the lottery results to the requesting newspapers. The selected
newspapers shall pay the annual administrative fee to the City Manager or designee.
4. The newspaper which pays the administrative fee and is assigned a space may not affix a
logo or sign to its assigned unit.
5. Nothing in this subsection shall be construed to limit or interfere with alternative methods of
distribution available to newspapers throughout the city, as permitted by federal law.
G. Placement of Noncommercial and Commercial Objects and Structures.
1. No person shall place any free-standing noncommemial object or structure in City Plaza
without authorization issued by the City Manager or designee.
2. To obtain authorization, the person shall inform the City Manager or designee of the
proposed duration of the placement, the proposed location of the object or structure, and the
physical dimensions of the object or structure.
3. Upon receipt of such information, the City Manager or designee shall promptly authorize the
display in Zone 2 only for a maximum of thirty (30) days in any one-year period, unless the
City Manager or designee finds that said object or structure will impede the flow of pedestrian
traffic at the proposed location. If the City Manager or designee finds that said object or
structure will impede the flow of pedestrian traffic at the proposed location, then the City
Manager or designee shall deny the authorization in writing.
4. Any party aggrieved by the City Manager's or designee's decision to grant or deny such
authorization may appeal the determination to the City Council if, within five (5) working days
after the decision, the party files a written notice of appea~ with the City Clerk. In such event,
a hearing shall be held by the City Council no later than its next regularly scheduled meeting,
assuming the appeal is filed in time to allow notice of said appeal in accordance with Chapter
21 of the Iowa Code. Upon such hearing, the City Council may, based upon the standards
enumerated herein, reverse, affirm or modify in any regard the City Manager's or designee's
decision. The City Council's decision is the final decision.
5. No person shall place any free-standing commercial object or structure in City Plaza.
Title 10, entitled "Use of Public Ways and Properly," Chapter 5, entitled "City Plaza," Section 9,
entitled "City Use Permits," is hereby amended by deleting Section 9 in its entirety, by substituting the
following new section in its place, renumbering it Section 8, and by entitling new Section 8 as "Uses of City
Plaza":
Ordinance No.
Page 14
A. Mobile Vendors: The requirements for mobile vendors in City Plaza are identical to those for
mobile vendors as provided in Title10, Chapter 3, Section 5 of the Code.
B. Ambulatory Vendors:
1. Application for Permit
a. Filing Application.
(1) An application for a ambulatory vendor permit shall be filed with the City Manager
or designee by any person or group of persons desiring to use the public right of way as
provided in this Chapter. If the applicant is not a natural person, the applicant shall
identify a natural person who has authority to act for the applicant with regard to the
ambulatory vending operation.
(2) All applications must be received at least five (5) working days by before the
proposed start of operations.
(3) Applications shall be made on forms prepared by the City Manager or designee.
b. Application Form
The application form shall contain the following information:
(1) Name, address, and telephone number of the applicant.
(2) An acknowledgment to be signed by a natural person that he or she has the
authority to act on behalf of the ambulatory vending operation.
(3) List of past permits issued.
(4) Product to be sold.
(5) Hours of operation.
(6) Months of operation.
(6) An agreement in which the applicant shall agree to:
pay on behalf of the City all sums which the City shall be obligated to pay by
reason of any liability imposed upon the city for damages of any kind resulting
from use of public property and the public right of way, whether sustained by any
person or person, caused by accident or otherwise and shall defend at its own
expense and on behalf of the City any claim against the City arising out of the
use of public property and the public right of way.
(7) Acknowledgment that the applicant has contacted the Johnson County Health
Department and has reviewed health code requirements.
(8) Fee.
(9) Insurance is required in a reasonable amount necessary to minimize risk of harm to
persons or property based on the nature and size of the event, as determined by
the City's Risk Manager. The insurance requirement may be waived if applicant
demonstrates inability to obtain insurance or to pay the cost of insurance.
(10) Any other information that the City Manager or designee finds necessary.
2. Issuance or Denial of Permit
Standards. The City Manager or designee shall grant or deny the application for the
ambulatory vendor permit within a reasonable time, which shall be mailed by ordinary mail or
personally delivered to the applicant and stating the reasons therefore no later than sixty (60)
working days of the application being filed. The length of time which is reasonable shall be
determined by the type of use requested, the information supplied, the time the application is
filed, and the extent of advance preparation and planning demonstrated and reasonably
required. The City Manager or designee shall issue an ambulatory vendor permit if the
following conditions have been or will be met.
a. The application is received at least five (5) working days before the proposed start of
operations.
b. The applicant will operate without the use of a mobile vending cart and with a minimum of
equipment.
c. The applicant's proposed mode of operation will not impede the free flow of pedestrian
traffic along the city plaza right of way, nor shall it interfere with such pedestrian
movement into or out of retail establishments fronting on the plaza.
d. The applicant will conduct the vending completely within the boundaries of city plaza.
e. The applicant has obtained all necessary permits required by the county department of
health.
f. All applicable fees have been paid in full.
g. The application is fully completed and executed.
Ordinance No.
Page 15
h. The indemnification agreement has been signed.
i. A certificate of insurance showing compliance with this section has been provided.
j. The application contains no material falsehood or misrepresentation.
k. The applicant is legally competent to contract and to sue and be sued.
I. The applicant has not damaged City property, and if the applicant has, the damage has
been paid in full, and has paid all other outstanding and unpaid debts to the City.
m. The applicant has complied with applicable laws concerning the sale or offering for sale
of any goods or services.
p. Such other information that the City Manager or designee finds necessary for the
enforcement of this Chapter.
Contents and Conditions of Permit. The permit shall contain the following information:
a. Name, telephone number, and address of permittee.
b. Time, date and place of the permitted activity.
c. Such other information that the City Manager or designee finds necessary for the
enforcement of this ordinance.
3. Appeals
Any party aggrieved by the City Manager's or designee's decision to issue or deny a permit
under this Chapter may appeal the determination to the City Council if, within ten (10) working
days after the decision, the party files a written notice of appeal with the City Clerk. In such
event, a hearing shall be held by the City Council no later than at its next regularly scheduled
meeting, assuming the appeal is filed in time to allow notice of said appeal in accordance with
Chapter 21 of the Iowa Code.
Upon such hearing, the City Council may, based upon the standards enumerated herein,
reverse, affirm or modify in any regard the City Manager's or designee's decision. The City
Council's decision is the final decision.
4. The sale, transfer, or assignment of an ambulatory vendor permit for city plaza is expressly
prohibited
5. Revocation of Permit.
The City Manager or designee, or City Council if issued following an appeal, is authorized to
revoke an ambulatory vendor permit issued under this Chapter whenever:
a. The permit has failed to comply with any provisions of this Chapter
b. The permitted activity creates an obstruction to pedestrian use of the City Plaza or a
nuisance or violates of any statute, law, rule or regulation involving the permitted event
c. It is necessary to protect health or safety as determined by the Police Chief or designee
or Fire Chief or designee
d. The permitee has misstated any material fact in the application
e. There is a substantial and material variance between the information in the application
and the actual facts or those facts which appear reasonably to have occurred
f. The permitee is operating in violation of the terms and conditions of the permit or
g. The permitee's insurance has been cancelled.
A permittee may appeal the revocation in the same manner as appealing the issuance or
denial of a permit.
6. Fees. Fees for ambulatory vendor permits shall be set by resolution of the City Council.
C. Permanent And Temporary Structures: The City Manager or designee, upon approval of city
council, may enter into an agreement for the sale or lease of public right of way in the city plaza
for the construction of an addition to an existing store front or for the temporary or seasonal use
of zone 1 by the owner or operator of abutting property. Said lease or sale shall only be entered
into after careful consideration and assurance that the following conditions have been or will be
met:
1. Building Design:
a. Additions to buildings shall be harmonious in scale and design with permanent
neighboring structures and with the City Plaza.
b. Materials shall be suitable for the style and design of buildings in which they are used.
c. Materials which are architecturally harmonious shall be used for all building walls and
other exterior building components wholly or partly visible from public ways.
d. Selection of materials shall be guided by the following: (1) Harmony with adjoining buildings.
(2) Relationship to the brick and wood theme of City Plaza.
Ordinance No.
Page 16
($) Materials shall be of durable quality.
e. Building components, such as windows, doors, eaves and parapets, shall have good
proportions and relationship to one another.
f. Colors shall be selected for their harmony and/or ability to complement the color scheme
of the City Plaza.
g. Mechanical equipment or other utility hardware on roof, ground or buildings shall be
screened from public view with materials harmonious with the building or shall be located
so as not to be visible from any public ways.
h. Exterior lighting shall be part of the architectural concept. Fixtures, standards and all
exposed accessories shall be harmonious with building design.
2. Signs:
a. All signs shall be part of the architectural concept. Size, color, lettering, location and
arrangement shall be harmonious with the building design and shall be compatible with
signs on adjoining buildings.
b. Materials used in signs shall have good architectural character and be harmonious with
building design and the materials used in the City Plaza.
c. Every sign shall express, in scale and in proportion, an appropriate visual relationship to
buildings and surroundings.
d. Colors shall be used harmoniously and with restraint. Excessive brightness and brilliant
colors shall be avoided. Lighting shall be harmonious with the design. If external spot
lighting is used, it shall be arranged so that the light source is shielded from view.
3. Additional Criteria:
a. The Design Review Committee may, from time to time, formulate additional design criteria
for the review of proposed construction pursuant to this Chapter. Such criteria shall
become effective when adopted by the City Council by resolution.
b. No building permit for the construction of any temporary structure or any building
extension to be constructed pursuant to this Chapter shall be issued until plans for said
construction have been reviewed by the Design Review Committee and approved by the
City Council. The Design Review Committee shall, within thirty (30) calendar days of
receipt of said plans, review the plans and advise approval, approval with conditions or
disapproval in a written report forwarded to the City Council and the applicant. City
Council approval of the plans shall require a majority of votes cast at any meeting at
which a quorum is present.
4. Illumination: Nighttime interior illumination of all building fronts and basement extensions,
display window extensions and basement stairwells is required during hours of operation.
5. Construction Costs: All costs of construction are to be paid by the permittee, including costs
of damage or repair to the City Plaza caused by the construction.
Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 10,
entitled "Permit Application Procedures," is hereby amended by deleting Section 10 in its entirety and
substituting in its place the following new Section 10 entitled "Penalties":
Any violation of this Chapter shall be considered a simple misdemeanor or municipal infraction as
provided for in Title 1, Chapter 4 of this Code.
Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," is hereby
amended by adding a new Section 9, entitled "Administrative Rules" as follows:
The City Manager is authorized to establish administrative rules not inconsistent with any
ordinance to carry out the provisions of this Chapter. A copy of said rules shall be on file with the
City Clerk.
Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 11,
entitled "Fees," is hereby amended by deleting Section 11 in its entirety.
Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 12,
entitled 'q-ermination and Revocation of Permits and Leases," is hereby amended by deleting Section 12 in
its entirety.
Title 10, entitled "Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation
Regulations," Section 1, entitled "Definitions," is hereby amended by adding the following new definitions:
APPLICANT: A person who applies for permit as authorized in this chapter.
PERSON: Any natural or corporate person, business association or other business entity
including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or
Ordinance No.
Page 17
private agency of any kind, a utility, a successor or assignee of any of the foregoing, or any other
legal entity.
PARK FACILITY: A baseball field, softball field, soccer field, tennis court, secured shelter, or
unsecured shelter in a park or Riverside Festival Stage.
PUBLIC ASSEMBLY Any meeting, demonstration, picket line, rally or gathering of more than
twenty-five (25) persons for a common purpose as a result of prior planning that interferes with
the normal flow or regulation of pedestrian or vehicular traffic on the public right of way or in a
park or occupies any area in the public right of way or in a park.
PUBLIC RIGHT OF WAY: The area on or below a public roadway, highway, street, bicycle lane,
alley, and public sidewalk which is designed for vehicular, bicycle or pedestrian travel and
dedicated to public use.
SPONSORING AGENCY: Any organization or group, regardless of whether it is legally
constituted, and including but not limited to corporations and partnerships, on whose behalf a
natural person individual makes application for a park permit.
TRAIL: A way or place, the use of which is controlled by the City as owner of the real property,
used for persons walking, jogging, skateboarding, in line skating, or bicycling or motorized
devices designed for and used by persons with disabilities.
Title 10, entitled "Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation
Regulations," Section 1, entitled "Definitions," is hereby amended by deleting the definitions of "parade"
and "park, public park" and substituting the following new definitions:
PARADE: A march or procession of more than twenty-five (25) persons, vehicles or other forms
of transportation, such as bicycles, or any combination thereof, in or upon the public right of way
or in a park that necessitates or results in the exclusion, in whole or in part, of use of the public
right of way, including a park by others Funeral processions shall not be deemed to be included in
this definition and shall not be considered a parade.
PARK, PUBLIC PARK: Any park or playground owned or controlled by the City, including streets,
trails, and roadways therein.
Title 10, entitled "Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation
Regulations," Section 1, entitled "Definitions," is hereby amended by deleting the definition of "public
entertainment" in its entirety.
Title 10, entitled "Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation
Regulations," Section 2, entitled "Prohibited Actions in Parks and Playgrounds," is hereby amended by
deleting Section 2 in its entirety and substituting in its place the following: In any park no person shall:
A. Damage To Property, Animals, Trees And Plant Materials:
1. Pick or destroy any plant materials or walk or run upon any flower beds.
2. Break or tear any limbs or branches from any tree.
3. Throw objects or missiles at any animal or bird or molest any animal or bird in any way.
4. Tear down, mutilate, destroy or carry away any sign constructed under the authority of the
City Council or the Parks and Recreation Department.
5. Tear down, mutilate, destroy or burn any building, shelter equipment, picnic table, grill, or any
personal property owned by the City
B. Motor Vehicles And Traffic:
1. Park any vehicle in any area where parking is prohibited by posted signs.
2. Drive any vehicle within any park, except upon the designated streets, driveways and parking
areas of such parks, except motorized devices designed for and used by persons with
disabilities.
3. Drive any vehicle within any park at a speed in excess of fifteen (15) miles per hour, unless
otherwise posted.
4.Drive any vehicle in the wrong direction upon any one-way street within a park.
C. Weapons: Carry firearms or weapons into any park.
D. Animals:
1. Bring, cause or permit any pet to enter into any park unless such animal is on a leash or
confined either a vehicle or in a cage, kennel, crate, or carrier.
2. Ride any horse in any park except upon streets and trails, and then only if the horse-rider
provides for the immediate disposal of solid waste material excreted by any animal.
3. This provision shall not apply to an animal trained to assist persons with disabilities or to a
person issued a permit as authorized in section 8-4-12.
Ordinance No.
Page 18
E. Fires: Build or aid and abet the building of any fire in any park, except in stoves or fireplaces
designated for such purposes.
F. Alcoholic Beverages. Possess or consume any beer or alcoholic beverages in any park.
G. Practice Golf: Practice golf in any park.
H. Unauthorized Use Of Buildings: Occupy any shelter or building or recreation area which has been
reserved by others through the provisions of this Chapter or install any unauthorized reserved
sign in any shelter, building or recreation area.
I. Hours:
1. Except as provided for specified parks herein, occupy any park, whether on foot or in a
vehicle, or permit any vehicle to remain parked in any park between the hours of ten thirty
o'clock (10:30) P.M. and six o'clock (6:00) A.M. unless granted special authorization by the
City.
2. From April 15 to October 31, the hours shall be from eleven o'clock (11:00) P.M. to six o'clock
(6:00) A.M. in City Park and Mercer Park.
3. Occupy, whether on foot or in a vehicle, or permit any vehicle to remain parked from dusk to
dawn at the following parks: Waterworks Prairie Park, Peninsula Park, Hickory Hill Park, and
Ryerson's Woods Park. Dusk means thirty (30) minutes after the time designated each
calendar day as "sunset" and dawn means thirty (30) minutes before the time designated
each calendar day as "sunrise" by the United States Naval Observatory for Iowa City,
Johnson County, Iowa. Said designations can be accessed via the internet at
<http://aa.usno.navy.mil>.
J. Bicycles And Nonmotorized Vehicles:
1. No person shall travel upon or operate a bicycle or nonmotodzed vehicle within Chauncey
Swan Park
2. Persons may travel upon or operate bicycles and nonmotorized vehicles in all other City
parks except where posted as prohibited, and only to the extent the nonmotorized vehicles
are used in a safe manner so as not to injure persons or property.
3. This provision shall not apply to a person with disabilities using a nonmotorized device
designed for a person with disabilities.
Title 10, entitled "Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation
Regulations," Section 3, entitled '"l'raffic and Parking Regulations," is hereby amended by deleting Section
3 in its entirety and substituting in its place the following:
A. Duties Of Director: The Director is hereby authorized and directed to: 1) designate streets and
drives for use within the parks; 2) designate parking areas for the parks; and 3) prohibit, regulate
or limit stopping, standing or parking of vehicles on the streets, driveways and parking areas in
the parks at all times or during specified hours. The Director shall also cause signs to be posted
designating streets, drives and parking areas or prohibiting, regulating or limiting stopping,
standing or parking in the parks.
B. Vehicle Owner Prima Facie Responsible for Violations: If any vehicle is found stopped, standing
or parked in any manner violative of the provisions of this Chapter and the identity of the operator
cannot be determined, there is a rebuttable presumption that the owner is responsible for such
violation.
Title 10, entitled "Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation
Regulations," Section 4, entitled "Facility Permit," is hereby amended by deleting Section 4 in its entirety
and substituting in its place the following;
A. Permit Required: It shall be unlawful for any person or group of persons to use any park or the
facilities of any park without complying with the requirements of Title 10 Chapter 1 including first
having obtained a parade/public assembly permit if applicable.
B. Secured Shelter: No person or sponsoring agency shall use a secured shelter without obtaining
the authorization of the Director or designee.
C. Park Facility: Any person or sponsoring agency may reserve a park facility by completing a filing
an application with the Director on a form prepared by the Director.
Title 10, entitled "Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation
Regulations," Section 5, entitled "Fees for Use of City Park and Recreation Areas and Facilities,"
Subsection B is hereby amended by deleting Subsection B in its entirety and substituting in its place the
following:
B. Reduction or Waiver of Fees: Notwithstanding the above, the Director is authorized to reduce or
waive fees for use of park facilities or equipment for affiliate groups or organizations providing
Ordinance No.
Page 19
public recreational opportunities and which are under the sponsorship or co-sponsorship of the
Parks and Recreation Department.
Title 10, entitled "Use of Public Ways and Property," is hereby amended by adding a new Chapter 11,
entitled "Farmers Market," as follows:
10-11-1: DEFINITIONS: As used in this Chapter, the following definitions shall apply:
DIRECTOR: The Director of City Parks and Recreation Department.
FARMERS MARKET: An open-air market sponsored by the City in the Chauncey Swan parking
ramp that is intended to provide an opportunity for individuals to sell permitted items that are
grown or produced by them, which conform to all applicable city, county, and state health and
safety provisions, including state department of agriculture regulations.
FARMERS MARKET VENDOR: Person who is authorized under this chapter to occupy a stall
and to sell items in the Farmers Market.
PERSON: A natural person.
SEASON VENDOR: A Farmers Market Vendor who is authorized by the City to occupy a stall for
the entire season.
STALL: A space designated by the Director in the Farmers Market that a Farmers Market Vendor
is authorized to occupy in order to sell items consistent with the provisions of this chapter.
10-11-2: REGISTRATION
A. Authorization Required. No person shall sell or offer for sale any item at the Farmers Market
without authorization from the Director or designee.
B. Obtaining Authorization. In order to receive authorization, a person shall register with the
Director at least one (1) day in advance of the market date on a form prepared by the
Director.
C. Registration Form. The registration form shall contain the following information:
1. Name, address, and telephone number of the Farmers Market Vendor.
2. Agreement to indemnify the City.
10-11-3: STANDARDS FOR GRANTING OR DENYING AUTHORIZATION
The Director or designee shall examine the registration form and shall grant authorization if the
following conditions are met:
A. All applicable fees have been paid.
B. A stall is available.
C. The person has not had his or her Farmers Market authorization revoked in the last year.
D. If there are not sufficient stalls for all persons who apply for a stall, a Season Vendor from
the previous calendar year shall have priority over a person who was not a Season Vendor
from the previous calendar year.
10-11-4: APPEALS
A. Any party aggrieved by the decision of the Director to grant or deny authorization under this
Section may appeal within ten (10) calendar days of the date of the decision by filing a
written notice of appeal with the City Manager
B. The hearing shall be before the City Manager, who may reverse, affirm or modify, in any
regard, the determination of the Director based upon the standards enumerated herein.
The City Manager's decision is the final decision of the City.
10-11-5: REVOCATION OF AUTHORIZATION
A. Authorization may be revoked by the Director if:
1. The Farmers Market Vendor has misstated in any way material facts on the registration form
2. There is a material variance between the information on the registration form and the facts
reasonably ascertained by the Director,
3. When, by reason of disaster, public calamity, riot or other emergency, as determined by the
Director, City Manager, Fire Chief, or Chief of Police, that the safety of the public requires
such revocation.
4. The Farmers Market Vendor is operating in violation of the terms and conditions of the
authorization.
B. A person may appeal a revocation of authorization in the same manner as appealing the
denial of authorization as provided in this chapter.
10-11-5: ADMINISTRATIVE RULES
The Director is authorized to establish administrative rules. A copy of said rules shall be on file
with the City Clerk.
10-11-6: ,FEES
Ordinance No.
Page 20
Fees for authorization of a Farmers Market Vendor shall be established by resolution of the City
Council.
10-11-7: PENALTIES
Any violation of this Chapter shall be considered a simple misdemeanor or municipal infraction as
provided for in Title 1, Chapter 4 of this Code.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a
municipal infraction or a simple misdemeanor.
SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or
any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION 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 ,2004.
MAYOR
ATTEST:
CITY CLERK
Approved by
~ity Attorney's Office
sue/OrdRes/PUPL Ord.doc
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
Voteforpassage: AYES: Champion, E]liott, Lehman, O'Donnel], Vanderhoef,
Wilburn, Bailey. NAYS: None. ABSENT: None.
Second Consideration 4/20/04
Voteforpassage: AYES: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef,
Wilburn. NAYS: None. ABSENT: None.
Date published
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA §2240; $1g-356-5030
ORDINANCE NO. ~
ORDINANCE AMENDING TITLE 4, ENTITLED "ALCOHOLIC BEVERAGES," CHAPTER 5,
ENTITLED "PROHIBITIONS AND RESTRICTIONS," AND TITLE 10, ENTITLED "USE OF
PUBLIC WAYS AND PROPERTY," CHAPTER 9, ENTITLED "PARKS AND RECREATION
REGULATIONS," SECTION 2, ENTITLED "PROHIBITED ACTIONS IN PARKS AND
PLAYGROUNDS" TO ALLOW FOR THE SALE, POSSESSION, AND CONSUMPTION OF
BEER AND WINE UNDER LIMITED CIRCUMSTANCES IN A CITY PARK, ON PUBLIC RIGHT-
OF-WAY, OR ON A CITY GROUND, EXCLUDING CITY BUILDINGS, PURSUANT TO A
WRITTEN AGREEMENT WITH THE CITY.
WHEREAS, Riverside Theatre, in cooperation with the City of Iowa City, has presented the Riverside
Theatre Shakespeare Festival in City Park during the last four (4) summers;
WHEREAS, Riverside Theatre has offered meals to those attending the performances of the
Riverside Theatre Shakespeare Festival;
WHEREAS, in many summer Shakespeare festivals throughout the United States, alcoholic
beverages are offered as part of the meal;
WHEREAS, presently city ordinances do not permit the sale or possession of alcohol in any city park;
WHEREAS, Riverside Theatre has requested that it be allowed to sell beer and wine in conjunction
with the performances during the Riverside Theatre Shakespeare Festival;
WHEREAS, it is in the best interest of the city to allow nonprofit corporations to sell beer and/or wine
under limited circumstances in a city park, on public right-of-way, or on a city ground excluding city
buildings and to allow citizens to possess and consume beer and wine under said limited circumstances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 4, entitled "Alcoholic Beverages," Chapter 5, entitled "Prohibitions and Restrictions," Section
3, entitled "Consumption or Possession in Public Places and City Buildings," is hereby amended by
deleting Paragraph A in its entirety and substituting in its place a new Paragraph A as follows:
It shall be unlawful for any persons to consume or drink any alcoholic beverages on any public
street, ground, highway, sidewalk, alley, or public right-of-way in the city, except if said person
has purchased said alcoholic beverage from an "authorized entity," and is on an "authorized site,"
as those terms are defined in this section. A person shall not use or consume alcoholic
beverages in any public place within the city, except premises covered by a license or permit, and
when applicable a public right-of-way easement agreement.
2. Title 4, entitled "Alcoholic Beverages," Chapter 5, entitled "Prohibitions and Restrictions," Section
3, entitled "Consumption or Possession in Public Places and City Buildings," is hereby amended by
deleting Paragraph B in its entirety and substituting in its place a new Paragraph B as follows:
A person shall not consume or possess an alcoholic beverage in a city park, except if said person
has purchased said alcoholic beverage from an "authorized entity," and is on an "authorized site,"
as those terms are defined in this sec{ion.
3. Title 4, entitled "Alcoholic Beverages," Chapter 5, entitled "Prohibitions and Restrictions," Section
3, entitled "Consumption or Possession in Public Places and City Buildings," is hereby amended by
adding a new Paragraph D as follows:
1. The city may enter into a written agreement with an authorized entity that allows for the sale of
beer and/or wine in a city park, on public right-of-way, or on a city ground excluding city buildings. The
term of said agreement shall not exceed one (1) year.
2. As used in this Chapter, the following definitions shall apply:
a. Agreement: The official agreement between the city and an authorized entity to sell beer and/or
wine on an authorized site for consumption and possession only on an authorized site, which includes
at a minimum the following provisions:
(1) Authorized Site. Both a written description and a physical illustration of the authorized site.
(2) Premises Insurance. The authorized entity shall provide a certificate of insurance for general
liability and casualty insurance, naming the City of Iowa City as an additional insured, which provides
coverage in the following minimum amounts: Comprehensive General Liability for Bodily Injury and
Property Damage of $1,000,000 for each occurrence and $2,000,000 in the aggregate. The
authorized entity shall provide thirty (30) days notice to the city before cancellation of said insurance.
(3) Dram Shop Insurance. The authorized entity shall provide proof that it is in compliance with
the liability insurance requirements of Iowa Code section 123.92, as amended, in the amount of
Ordinance No. 84-4]23
Page 2
$500,000.
(4) Indemnification. The authorized entity shall pay on behalf of the city all sums which the city
shall be obligated to pay by reason of any liability imposed upon the city for damages of any kind
resulting from the sale of beer and/or wine on the authorized site, whether sustained by any person or
persons, caused by accident or otherwise and shall defend at its own expense and on behalf of the
city any claim against the city arising out of the use of the authorized site or consumption of beer
and/or wine on the authorized site.
(5) Inspection. City staff, including the Police Department, may periodically inspect the
authorized site without any prior notice to the authorized entity for the purpose of enforcing the terms
of the agreement.
(6) License. The authorized entity has a state license to sell beer and/or wine for the term of the
agreement.
b. Authorized Entity: A non-profit corporation (meaning those entities granted tax-exempt status
by the IRS under section 501(c)(3) of the Internal Revenue Code).
c. Authorized Site: A precisely described area in a city park, on public right-of-way, or on a city
ground excluding city buildings over which the authorized entity has control for specified hours on
specified days pursuant to a written agreement with the city.
4. Title 4, entitled "Alcoholic Beverages," Chapter 5, entitled "Prohibitions and Restrictions," Section
5, entitled "Open Containers," is hereby amended by deleting Paragraph B in its entirety and
substituting in its place a new Paragraph B as follows:
It shall be unlawful for any persons to possess any alcoholic beverages on any public street,
ground, highway, sidewalk, alley, or public right-of-way in the city, except if said person has
purchased said alcoholic beverage from an "authorized entity," and is on an "authorized site," as
those terms are defined in this section. A person shall not possess alcoholic beverages in any
public place within the city, except premises covered by a license or permit, and when applicable
a public right-of-way easement agreement.
5. Title 4, entitled "Alcoholic Beverages," Chapter 5, entitled "Prohibitions and Restrictions," Section
8, entitled "Persons Under Nineteen Years of Age in Licensed or Permitted Establishments,"
Paragraph B is hereby amended by adding a new Subparagraph 5 as follows:
The person under nineteen (19) years of age is a patron of an "authorized entity" which has
entered into an agreement with the City for use of an "authorized site" in a city park, pursuant to
Section 4- 5-3D of the City Code.
6. Title 4, entitled "Alcoholic Beverages," Chapter 5, entitled "Prohibitions and Restrictions," Section
8, entitled "Persons Under Nineteen Years of Age in Licensed or Permitted Establishments,"
Paragraph C is hereby amended by adding a new Subparagraph 4 as follows:
The person under nineteen (19) years of age is a patron of an "authorized entity" which has
entered into an agreement with the City for use of an "authorized site" in a city park, pursuant to
Section 4- 5-3D of the City Code.
7. Title 4, entitled "Alcoholic Beverages," Chapter 5, entitled "Prohibitions and Restrictions," Section
8, entitled "Persons Under Nineteen Years of Age in Licensed or Permitted Establishments,"
Paragraph D is hereby amended by deleting Paragraph D in its entirety and adding a new Paragraph
D as follows:
Unless a valid exception certificate under the provisions of subsection B3 of this section has been
obtained and posted, or a certificate approving a nonalcoholic event under the provisions of
subsection B4 of this section has been obtained and posted for the duration of the event or the
licensed premises is an "authorized entity" which has entered into an agreement with the City for
use of an "authorized site" in a city park, pursuant to Section 4-5-3D of the City Code, the holder
of a liquor control license, wine or beer permit, which authorizes on premises consumption, shall
obtain from the city clerk and post a notice at every entrance to the licensed or permitted
establishment in view of patrons of the licensed or permitted establishment, stating:
Notice to Persons Under Nineteen (19) Years of Age.
You are subject to a fine of $250.00 for being on these premises between the hours
of 10:00 p.m. and closing unless:
1. you are accompanied by a parent, guardian, spouse or domestic partner registered
as such under Section 2-6-3 of the City Code who is nineteen (19) years of age or
older; or
2. you are an employee of this establishment or performing a contracted service with
respect to this establishment and are on the premises during your scheduled work
Ordinance No. 04-4123
Page 3
hours.
Said notices will be prepared by the city clerk and available at no charge.
8. Title 10, entitled "Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation
Regulations," Section 2, entitled "Prohibited Actions in Parks and Playgrounds," Paragraph F is
hereby amended by deleting Paragraph F in its entirety and substituting in its place a new Paragi'aph F
as follows:
Alcoholic Beverages: Possess or consume any alcoholic beverage in any park, except if said
person has purchased said alcoholic beverage from an "authorized entity," and is on an "authorized
site," as those terms are defined in Title 4, Chapter 5, Section 3.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid o~; 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
publicatio.,,Q,.gs provided by law.
~.~and ap.~ved this~? April ,2004.
CITY ~U~.ERK City Attorneys Office
Sue~ord~ardord.doc
Ordinance No. 04-4123
Page ~4
It was moved by Champ~ on and seconded by Ba'i ] e,,v that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
First Consideration 3/16/04
Voteforpassage:AYES: O'Donne]], Vanderhoe¢, W~]burn, Ba~]e~v, Champion,
E]]]ott. NAYS: Lehman. ABSENT: None.
Second Consideration 4/6/04
Voteforpassage: AYES: Champion, E]
Ba]]e~v. NAYS: Lehman. ABSENT: None.
Date published 4/28/04
Prepared by: Andy Matthews, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5030
ORDINANCE NO.
AN ORDINANCE AMENDING THE CITY CODE, TITLE 14, "UNIFIED
DEVELOPMENT CODE", CHAPTER 1, "STREETS, SIDEWALKS AND
PUBLIC RIGHT OF WAY", "ARTICLE A. STREETS, SIDEWALKS AND
PUBLIC RIGHT OF WAY GENERALLY", SECTION 14-1A-6,
"MAINTENANCE OF PUBLIC RIGHT OF WAY", TO IMPOSE LIABILITY ON
ABUTTING PROPERTY OWNERS FOR FAILURE TO MAINTAIN ALL
PUBLIC RIGHT OF WAY LOCATED BETWEEN THE EDGE OF THE STREET
OR CURB LINE AND THE PROPERTY LINE.
WHEREAS, the current ordinance governing maintenance of the public right of way
imposes the responsibility on the abutting property owner to maintain all public right of
way located between the edge of the street or curb line and the property line, which
includes sidewalk maintenance, but does not specifically impose liability on the abutting
property owner for failure to maintain such property.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA:
SECTION 1. AMENDMENT. Title 14, entitled "Unified Development Code", Chapter
1, "Streets, Sidewalks and Public Right of Way", "Article A. Streets, Sidewalks and
Public Right of Way Generally", Section 14-1A-6, "Maintenance of Public Right of
Way", is hereby amended by repealing Section 14-1A-6, and enacting in lieu thereof a
new Section 14-1A-6 to be codified and to read as follows:
14-1A-6. The abutting property owner shall maintain all public right of way located
between the edge of the street or curb line and the property line, and shall keep such area
in a safe condition flee from defects, debris, nuisances, obstructions or any other hazard.
The abutting property owner may be liable for damages caused by failure to maintain the
public right of way located between the edge of the street or curb line and the property
line. The abutting property owner shall maintain the sidewalk in a safe condition, in a
state of good repair, and free from defects. The abutting property owner may be liable for
damages caused by failure to maintain the sidewalk. Notwithstanding the obligations
imposed hereunder, the property owner shall in no event remove diseased trees or dead
wood or plant, trim, remove or treat any tree or plant material on public right of way
without first obtaining a permit from the City Forester.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance
shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the
validity of the Ordinance as a whole or any section, provision or part thereof not
adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final
passage, approval and publication, as provided by law.
Passed and approved this __ day of ,2004.
MAYOR
ATTEST:
CITY CLERK
Approved by:
City Attorney's Office
2
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
Elliot[
Lehman
O'Donnell
Vanderhoef
Wilburn
First Consideration 4/6/04
Voteforpassage:AYES: 0'Donne11, Vanderhoef, Wilburn, Bailey, Champion,
Elliott, Lehman. NAYS: None. ABSENT: None.
Second Consideration 4/20/04
Voteforpassage:AYES: Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn,
Bailey, Champion. NAYS: None. ABSENT: None.
Date published