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HomeMy WebLinkAbout2009-11-17 Ordinanceb~ Prepared by: Sarah Walz, Associate Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239 (REZ09-00007) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 7.91 ACRES OF PROPERTY LOCATED ON HUNTINGTON DRIVE WEST OF TAFT AVENUE, FROM INTERIM DEVELOPMENT SINGLE-FAMILY TO MEDIUM DENSITY SINGLE-FAMILY. (REZ09-00007) WHEREAS, the applicant, Ar-ington Development, Inc. has requested a rezoning of property located on Huntington Drive west of Taft Avenue from Interim Development Single-Family (ID-RS) to Medium Density Single-Family (RS-8) zone; and WHEREAS, the Comprehensive Plan indicates that this area is appropriate for single-family development; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions required to address the future upgrade of Taft Avenue and additional buffering for lots fronting on Taft Avenue; and WHEREAS, Iowa Code §414.5 (2009) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the applicant has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of ID-RS to RS-8: BEGINNING at the Northeast corner of Windsor Ridge Part Twenty One, Iowa City, Iowa, in accordance with the recorded Plat thereof; Thence S89°59'58"W, along the North line of said Windsor Ridge Part Twenty One, 516.49 feet; Thence N38°28'20"E, 234.34 feet; Thence N00°09'52"W, 528.71 feet; Thence N07°21'53"W, 190.04 feet; Thence N89°00'06"E, along the South line of Stone Creek Subdivision, Iowa City, Iowa, in accordance with the recorded Plat thereof, 380.83 feet, to a point on the East line of the Southeast One-Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence S00°59'54"E, along said East line 907.40 feet, to said POINT OF BEGINNING, containing 7.91 acres, and subject to easements and restrictions of record. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved bylaw. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided bylaw. 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. Ordinance No. Page 2 SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 20 MAYOR ATTEST: CITY CLERK Approved by ~~tiu9 ~~~~ 1Y~/ ~~ City Attorney's Office ,,~j7~~q 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 Correia Hayek O'Donnell Wilburn Wright First Consideration 11 / 17 / 2009 Vote for passage: AYES: Champion, Hayek, O'Donnell, Wilburn, Wright, Bailey. NAYS: None. ABSENT: Correia. Second Consideration _ Vote for passage: Date published Prepared by: Sarah Walz, Associate Planner, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5239 (REZ09-00007) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Arlington Development, Inc. (hereinafter "Owner"): WHEREAS, Owner is the legal title holder of approximately 7.91 acres of property located on Huntington Drive West of Taft Avenue; and WHEREAS, the Owner has requested the rezoning of said property from Interim Development Single-Family (ID-RS) to Medium Density Single-Family (RS-8); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding the future upgrade of Taft Avenue and the need to buffer development on lots abutting Taft Avenue, the zoning is in conformance with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2009) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for right-of-way improvements and buffering development from traffic along the arterial street; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of this Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Arlington Development, Inc. is the legal title holder of the property legally described as follows: BEGINNING at the Northeast corner of Windsor Ridge Part Twenty One, Iowa City, Iowa, in accordance with the recorded Plat thereof; Thence S89°59'58"W, along the North line of said Windsor Ridge Part Twenty One, 516.49 feet; Thence N38°28'20"E, 234.34 feet; Thence N00°09'52"W, 528.71 feet; Thence N07°21'53"W, 190.04 feet; Thence N89°00'06"E, along the South line of Stone Creek Subdivision, Iowa City, Iowa, in accordance with the recorded Plat thereof, 380.83 feet, to a point on the East line of the Southeast One-Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence S00°59'54"E, along said East line 907.40 feet, to said POINT OF BEGINNING, containing 7.91 acres, and subject to easements and restrictions of record. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2009) 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 ppdadm/agUcza rez09-00007 stone bridge t0.doc satisfy public needs caused by the requested change, including the future upgrade of Taft Avenue and appropriate buffers for lots that front on to the arterial street. 3. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Developer shall. grant to City necessary temporary construction easements, as determined by the City, at no expense to the City, for the improvement of Taft Avenue to City standards; b. Developer shall contribute 12.5% of the cost of upgrading to City standards that portion of Taft Avenue adjacent to the land currently being rezoned, as described in paragraph 1 above, pursuant to Iowa City Ordinance 15-3-2K; c. lots adjacent to Taft Avenue shall be a minimum of 140 feet in depth; d. A minimum of 50% of the landscaping along Taft Avenue shall be comprised of evergreen plantings. The landscaping in all other aspects shall substantially comply with the attached landscaping plan. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2009), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment shall conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner 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 , 20 CITY OF IOWA CITY ARLINGTON DEVELOPMENT, INC. ppdadmlagt/cza rez09-00007 stone bridge 10.doc 2 Regenia D. Bailey, Mayor Attest: r ~l~n ~~°~' Qeil2-~~~~~~ By: Marian K. Karr, City Clerk BY~ Approved by: C/ t ~- /7R.(.?irwu~ t~G~C /~ r~ City Attorney's Office ~~ ~,y /~ 9 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 Regenia D. Bailey and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. . Notary Public in and for the State of Iowa ARLINGTON DEVELOPMENT, INC. ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this !~ day of ll~o~m~Q, 2009, by ANN NL~a~la~vo~ ~e (name(s) of person(s)) as r~F~rc~~ (type of authority, e.g., officer, trustee, etc.) of Arlington Development, Inc. ~''^~ SONDRAE FORT sf Commission Number 159791 My Commission Expires iow ? aor S~~. ~ Notary Public in and for the State of Iowa ppdadm/agt/cza rez09-00007 stone bridge t0.doc 3 ~` '-~.. ---- ---- -- ---- ------- - - -- ------------ W Huntington Drive ~~ _ _ - - - __ ~~ -r Z N ~ ~ r Z7 rc m~ om I r pyD n~A c~c> cn m ri ~ p _< Dm N A (~ p n `~' c Dm0 to N{{ ~ Z ZDZ] wpm D m Fo`" mz p rn ~~ i - rn0~ rnA, 20m =2r ~Op -i ~r p Z (mj Z ~ ~Z ~ -1Z D p C D ~ " O r fr*I ~ N fr*1 ~ f p ~ p D . ~.c~s .~zc Z A O ~ ~ D ~ C G !n ~ ~ D O ~ ~ m ~ ~ D m m D Z7 m =i m N Taft Avenue _ _ ~k F ~ ~ ~ a~0 Cmn ~ ~ ~ ° p~ g ,~ a p D VZi D -D'I Z n Q- N V ~; 3 a~ rn N ~ ~ c.. ~ og ~ z T ~fTTll11 ~ Z ~ N W ~ ~ ~ ~ c~ Vl~ ~n c~ ~rA j ~ ~ ~ n ~ ~ ~ ~ ~ ~ j ~ O ~ y C j ~ O ~ o .. ~ o " ~ O Z ~ ~ ~ ~ ~ -~ AD C ~ _ gym A f II N N ~ ~ Z ^+ (n N -1 AAT ~ ° C 7 N 7 ~ ~ N 1 NN(/~ N O ~ O ~ ~ ~ r z= mnza~' ~ ~ b ~ < > a U. n ~ ~ C> <a -~~zr '~ x n~ n rn cn v: ~ CG Q' F F ~ j ~ p ~ ( VN~ W F _ ~ C ~p BUJ ~ W N ~ ~ Z (U ~ W Z ~' ~ ~ ~ O Z p o N ~ W D ~ zz~xc~ N ~ w¢~ ~ 1D F_ m¢~ 11 ~ ~ ~ Z ~ ' o ~ ` p O 0 U~cc,~c_ z 0 a ~ . m3~ Orn ~ 3... ~Om Q ~ Q ~ ! o QQ y ., 7 ~ ~ N ~ F LL JS , ~ Q~ ¢ ~ } N I- v ~ N O v ~ CQ m (/~ ~ Z ¢ N ¢z~~.: ~`U ~ N E Ua V C/) Z ! Q ¢ O 3' v < ~a o ~m C Q V ~ Q ~ Q J Cn W ~~ ~ ~ o ~ ~ ~c? U ---------- w.-. - ----- - --- -- -- ---- ~ w ~ ~ ~J aQ ~~ ~z ~- _J ~ SS _ _ Y c0 aniaa uo}6w}unH m ------------ ----- ~- - -- ~-- - - - - - -_ - - - - -I - -- -- -- ---- 6b Prepared by: Sarah Walz, Associate Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239 (REZ09-00007) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 7.91 ACRES OF PROPERTY LOCATED ON HUNTINGTON DRIVE WEST OF TAFT AVENUE, FROM INTERIM DEVELOPMENT SINGLE-FAMILY TO MEDIUM DENSITY SINGLE-FAMILY. (REZ09-00007) ,. WHEREAS, the applicant, Arlington Development, Inc. has requested a rezoning of prope located on Huntington Drive west of Taft A nue from Interim Development Single-Family (ID-RS) to dium Density Single-Family (RS-8) zone; and WHEREAS, the Comprehen 've Plan indicates that this area is appropri for single-family development; and WHEREAS, the Planning and Wing Commission has the reviewed the proposed rezoning and determined that it complies with the mprehensive Plan provided that it ets conditions required to address the future upgrade of Taft Avenue nd additional buffering for lots fro ng on Taft Avenue; and WHEREAS, Iowa Code §414.5 (2009 provides that the City of to City may impose reasonable conditions on granting an applicant's rezoni request, over and abo existing regulations, in order to satisfy public needs caused by the requested anger and WHEREAS, the applicant has agreed that th property shall be eveloped in accordance with the terms and conditions of the Conditional Zoning Agreem t attached he to to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY E CI COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Wing Agreement attached hereto and incorporated herein, property described below is hereby reclassified f its current zoning designation of ID-RS to RS-8: BEGINNING at the Northeast corner of W' dsor idge Part Twenty One, Iowa City, Iowa, in accordance with the recorded Plat thereof; Th ce S89° '58"W, along the North line of said Windsor Ridge Part Twenty One, 516.49 feet; Thence 38°28'20" 234.34 feet; Thence N00°09'52"W, 528.71 feet; Thence N07°21'53"W, 190.04 feet; T ence N89°00'0 "E, along the South line of Stone Creek Subdivision, Iowa City, Iowa, in accordanc with the recorded lat thereof, 380.83 feet, to a point on the East line of the Southeast One-Quarter f Section 7, Towns 'p 79 North, Range 5 West, of the Fifth Principal Meridian, Johnson County, lovya; Thence S00°59'54"E, along said East line 907.40 feet, to said POINT OF BEGINNING, containing 7. 1 acres, and subject to ea ments and restrictions of record. SECTION II. ZONING MAP. map of the City of Iowa City, Ic publication of the ordinance as al h¢ building official is hereby autho ~, to conform to this amendment roved by law. and directed to change the zoning ~ the final passage, approval and SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is ereby authorized and directed to sign, and the City Clerk attest~~ the Conditional Zoning Agreement between he property owner and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFV~ATION AND RECORDING. Upon passage and a royal of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, nd record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V REPEALER All ordinances and parts of ordinances in conflict with a provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall b adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a hole or any section, provision or part thereof not adjudged invalid or unconstitutional. Ordinance No. Page 2 SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 20 MAYOR ATTEST: Prepared by: Sarah Walz, Associate Planner, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5239 (REZ09-00007) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Arlington Development, Inc. (hereinafter "Owner"): WHEREAS, Owner is the legal title holder of approximately 7.91 acres q~ property located on Huntington Drive West of T~ft Avenue; and / WHEREAS, the Owner has equested the rezoning of said property om Interim Development Single-Family (ID-RS) to Med m Density Single-Family (RS-8); and WHEREAS, the Planning an Zoning Commission has Bete fined that, with appropriate conditions regarding the future grade of Taft Avenue and th need to buffer development on lots abutting Taft Avenue, the zon g is in conformance with th Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (009) provides that t City of Iowa City may impose reasonable conditions on granting a applicant's rezoni g request, over and above existing regulations, in order to satisfy public ne ds caused by th requested change; and WHEREAS, the Owner acknowledges th certain co itions and restrictions are reasonable to ensure the development of the property i consiste t with the Comprehensive Plan and the need for right-of-way improvements and b Bring evelopment from traffic along the arterial street; and WHEREAS, the Owner agrees to develop thi property in accordance with the terms and conditions of this Conditional Zoning Agreement NOW, THEREFORE, in consideration of th mutu I promises contained herein, the parties agree as follows: 1. Arlington Development, Inc. is the~gal title hold~of the property legally described as follows: BEGINNING at the Northeast corner of Windsor Ridge Pa Twenty One, Iowa City, Iowa, in accordance with the recorded Plat thereof; Thence S89°5 ' 8"W, along the North line of said Windsor Ridge Part Twenty/ One, 516.49 feet; Thenc N38°28'20"E, 234.34 feet; Thence N00°09'52"W, 528.71 ~ feet; Thence N07°21'53' 190.04 feet; Thence N89°00'06"E, along the South/ line of Stone Creek Subdivisi Iowa City, Iowa, in accordance with the recorded Flat thereof, 380.83 feet, to a point the East line of the Southeast One-Quarter of Se~tion 7, Township 79 North, Range est, of the Fifth Principal Meridian, Johnson C©unty, Iowa; Thence S00°59'54"E, along said East line 907.40 feet, to said POINT OF BEGINNING, containing 7.91 acres, and subject to easements and restrictions of record. 2. The Owner acknowledgees that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2009) 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 ppdadm/agUcza rez09-00007 stone bridge 10.doceza-iemplaie:doe satisfy public needs caused by the requested change, including the future upgrade of Taft Avenue and appropriate buffers for lots that front on to the arterial street. 3. to consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: ~ a. Developer shall grant to City necessary temporary constructio easements, as determined by the City, at no expense to the City, for the improveme of Taft Avenue to City standards; b. Develope shall contribute 12.5% of the cost of upgradin to City standards that portion of Taft venue adjacent to the land currently being ezoned, as described in paragraph 1 abo e, pursuant to Iowa City Ordinance 15-3-2 c. lots adjacent to T Avenue shall be a minimum of 140 eet in depth; d. A minimum of 50°0 of the landscaping along Ta Avenue shall be comprised of evergreen plantings. Th landscaping in all other as cts shall substantially comply with the attached landscaping an. 4. The Owner and City ackno edge that the con itions contained herein are reasonable conditions to impose on the land under to a Code §414.5 (2009), and that said conditions satisfy public needs at are cause by the requested zoning change. 5. The Owner and City acknowledg that in he event the subject property is transferred, sold, redeveloped, or subdivided, I red elopment shall conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Co itional Zoning Agreement shall be deemed to be a covenant running with the land a 'th title to the land, and shall remain in full force and effect as a covenant with title o the land, unless or until released of record by the City of Iowa City. The parties further acknowledgq~that this agr~ment shall inure to the benefit of and bind all successors, representative and assigns o the parties. 7. The Owner acknowledges t at nothing in this onditional Zoning Agreement shall be construed to relieve the O ner or Applicant fro complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agre ent shall be incorporated by reference into the ordi ance rezoning the subject propert and that upon adoption and publication of the ordnance, this agreement shall be recoided in the Johnson County Recorder's Office at~he Applicant's expense. Dated this day of CITY OF IOWA CITY 20 ARLINGTON DEVELOPMENT, INC. ppdadm/agt/cza rez09-00007 stone bridge 10 doceza-fempFate:doe 2 Regenia D. Bailey, Mayor Attest: Marian K. Karr, City Clerk Approved by: City Attorney's Office ,i /~~C~ ~, CITY OF IOWA CITY ACK OWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) On this day of undersigned, a notary public in and for t and Marian K. Karr, to me personally kn the Mayor and City Clerk, respectively of foregoing instrument; that the seal affi ed By: A.D. 20 ,before me, the ate of Iowa, personally appeared Regenia D. Bailey who being by me duly sworn, did say that they are aid municipal corporation executing the within and eto is the seal of said municipal corporation; that said instrument was signed and seale on peh f of said municipal corporation by authority of its City Council; and that the said May r and City Jerk as such officers acknowledged that the execution of said instrument to be a voluntary a t and deed of said corporation, by it and by them voluntarily executed. Notary Public iri ARLINGTON DEVELOPMENT, INC. ACKNOWLEDGEMENT STATE OF IOWA ss: JOHNSON COUNTY ) This instrument authority, e.g., for the State of Iowa acknowledged before me on this _ day of 2009, by (name(s) of person(s)) as (type of trustee, etc.) of Arlington Development, Inc. Notary Public in and for the State of Iowa By: ppdadMagt/cza rez09-00007 stone bridge 10.doceza-template-doe 3 ---- -- ------- ------------- - - - - -- - - ------ i Huntington Drive ~~ _ _ _ _ - __ ~~ -r z u~ ~~ D ~ rC fTi (7 o m _ ------------ __ _ - - - - ------ T /6 ,\-- -~------~-~---- I --------- ---------- I p~D D ~ C ~ G7 ~mm ~ v D rT7 N ~() O (~ ~ C Imo in ~ Z D Z ~ :U D = fmTl m ~ N ~ Z I w ~ D ~ O ~ . ~, =om moo -om z ~ (n D - O D0~ m~N 0 ..cN -------- ~_ zA c~ ~ CO ---- D m r-I O Taft Avenue _ _ \ -~ no ~ ~ n o F ~ O~0 fTl O r ~ o m ° ~ z ° ~~ n ~ g `~ a z~ ~ ~ ~ 0 DZD D Q m n ~a 3 ~, zo N~ og a ~ v vg a z pnf7 !1l cn ~ ~ ~n y n~ r ~nza" N ~ ~ ~ ~ Z~ W ~ ~ ON ~ -{ -G~ ~m~O [- ~ o ~ y p '~ ~ j ~o~' ~ j ~o~ ~~~~Z _ ~ ~ ~ ~ Z ~0 cD~ ~ ~Dm ~=t~TiZz ^ ~ ~ W A L7 ~ N O ~ [n C/] Vl Vl U. O (~ ~ Z ~o ~ ~. Prepared by: Sarah Walz, Associate Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240; 31:9-356-5239 _. (REZ09-00007) `` ORDINANCE NO. .-~ ~Tj AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 7.91 ACRES OF- pROP~2TY '"_ LOCATED ON HUNTINGTON DRIVE WEST OF TAFT AVENUE, FROM INTERIM D~I~OPpI~NT SINGLE-FAMILY TO MEDIUM DENSITY SINGLE-FAMILY. (REZ09-00007) • . ,, `, ;~:, WHEREAS, the applicant, Arlin on Development, has requested a~ Huntington Drive west of Taft Avenue rom Interim Development Single-F Single-Family (RS-8) zone; and WHEREAS, the Comprehensive an indicates that this area development; and WHEREAS, the Planning and Zoning Commission has the n determined that it complies with the Compr hensive Plan provided address the future upgrade of Taft Avenue and dditional buffering for WHEREAS, Iowa Code §414.5 (2005) pr ides that the City c conditions on granting an applicant's rezoning r quest, over and satisfy public needs caused by the requested chan e; and ping of property located on (ID-RS) to Medium Density appropriate for single-family ~ed the proposed rezoning and at it meets conditions required to s fronting on Taft Avenue; and Iowa City may impose reasonable ve existing regulations, in order to WHEREAS, the applicant has agreed that the pr perry shall b developed in accordance with the terms and conditions of the Conditional Zoning Agreement ached he eto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE ITY OUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zo ~ Agreement attached hereto and incorporated herein, property described below is hereby reclassified from ~ current zoning designation of ID-RS to RS-8: BEGINNING at the Northeast corner of Windsor Ride Part Twenty One, Iowa City, Iowa, in accordance with the recorded Plat thereof; Thence S 9°59'5 "W, along the North line of said Windsor Ridge Part Twenty One, 516.49 feet; Thence N38° '20"E, 2 .34 feet; Thence N00°09'52"W, 528.71 feet; Thence N07°21'53"W, 190.04 feet; Thence 89°00'06"E, along the South line of Stone Creek Subdivision, Iowa City, Iowa, in accordance with th recorded Pla thereof, 380.83 feet, to a point on the East line of the Southeast One-Quarter of Secti 7, Township North, Range 5 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thenc S00°59'54"E, alo g said East line 907.40 feet, to said POINT OF BEGINNING, containing 7.91 acres, d subject to easem is and restrictions of record. SECTION II. ZONING MAP. The building fficial is hereby authorized d directed to change the zoning map of the City of Iowa City, Iowa, to conf m to this amendment upon t e final passage, approval and publication of the ordinance as approved by w. SECTION III. CONDITIONAL ZONIN AGREEMENT. The mayor is here y authorized and directed to sign, and the City Clerk attest, the Cond~ ional Zoning Agreement between th property owner(s) and the City, following passage and approval oft s Ordinance. SECTION IV. CERTIFICATION A RECORDING. Upon passage and appr val of the Ordinance, the City Clerk is hereby authorized and d' ected to certify a copy of this ordinance, an record the same in the Office of the County Recorder, Joh son County, Iowa, at the Owner's expense, u on the final passage, approval and publication of this ordi ance, as provided by law. SECTION V. REPEALER. AI ordinances and parts of ordinances in conflict with ~ie 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. Ordinance No. Page 2 SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 20 MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office Send to City Attorl Copy to City Clerk Email to Documen ~ Y -.~'~ :Jj », a Prepared by: Sarah Walz, Associate Planner, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5239 (REZ09-00007) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Arlington Development (hereinafter "Owner"): WHEREAS, Owner is the legal title holder of approximately 7.91 acres of property located on Huntington Drive West of Taft Avenue; and WHEREAS, the Owner has requested the rezoning of said property from Interim Development Single-Family (ID-RS) to Medium Density Single-Family (RS-8); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding the future upgrade of Taft Avenue and the need to buffer development on lots fronting onto Taft Avenue, the zoning is in conformance with the Comprehen~e Plan; and WHEREAS, Iowa Code §414.5 (200 rovides that the City of Iowa ity may impose reasonable conditions on granting an app ' ant's rezoning request, over and above existing regulations, in order to satisfy public needs ca sed by the requested cha e; and WHEREAS, the Owner acknowledges that cert 'n conditions and rest ctions are reasonable to ensure the development of the property is con 'stent with the Co prehensive Plan and the need for right-of-way improvements and bufferin development fr m traffic along the arterial street ;and WHEREAS, the Owner agrees to develop this pro erty in ccordance with ~ he terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual p mises contained herein, the.'~arties agree as follows: ° ` n w --~ -.: 1. Arlington Development, Inc. is the legal titl older f the property legalty~ descried as follows: ~ ~ ' ~' .. BEGINNING at the Northeast corner of W' dsor Ridge Pa Twenty One, Iowa City, Iowa, in accordance with the recorded Plat the of; Thence S89° '58"W, along the North line of said Windsor Ridge Part Twenty O e, 516.49 feet; The ce N38°28'20"E, 234.34 feet; Thence N00°09'52"W, 528.71 et; Thence N07°21' 3"W, 190.04 feet; Thence N89°00'06"E, along the South ne of Stone Creek Su division, Iowa City, Iowa, in accordance with the recorded at thereof, 380.83 feet, to point on the East line of the Southeast One-Quarter of ction 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Johnso County, Iowa; Thence S00°59'54"E, along said East line 907.40 feet, to said POINT OF GINNING, containing 7.91 acres, and subject to easements and restrictions of record. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2005) 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 ppdadm/agt/cza rez09-00007 stone bridge 10.doc satisfy public needs caused by the requested change, including the future upgrade of Taft Avenue and appropriate buffers for lots that front on to the arterial street. 3. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: ~ a. The developer is required to dedicate space along Taft A nue for right-of-way construction easements o allow the improvement of this roadway; b. Developer agrees to ontribute toward the future constructi n costs of upgrading Taft Avenue to City standards, w 'ch contribution shall be 12.5% of c nstruction costs; c. Lot front onto Taft Avenue ill be a minimum of 140 fee in depth; d. Substantial compliance with a approved landscapi g buffer area, which will include at least 50% evergreen plantings. 4. The Owner and City acknowledge tha the condi ' ns contained herein are reasonable conditions to impose on the land un r Iowa Code §414.5 (2005), and that said conditions satisfy public needs that are ca sed b the requested zoning change. 5. The Owner and City acknowledge that in t vent the subject property is transferred, sold, redeveloped, or subdivided, all redevel pment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditi nal Z ing Agreement shall be deemed to be a covenant running with the land and wi title to eland, and shall remain in full force and effect as a covenant with title tot land, unl s or until released of record by the City of Iowa City. The parties further acknowledge tha this agreement sh II inure to the benefit of and bind all successors, representatives, an assigns of the pantie . 7. The Owner acknowledge(s) that othing in this Condition Zoning Agreement shall be construed to relieve the Owne or Applicant from complyi g with all other applicable local, state, and federal regulat' ns. 8. The parties agree that this Conditional Zoning Agreement sail reference into the ordinanc rezoning the subject property, andt publication of the ordinan e, this agreement shall be recorded i Recorder's Office at the pplicant's expense. Dated this day of CITY OF IOWA CITY 20 II be incorporated by iat upon adoption and the Johnson "County' -~ a.J 4..r ,: - .., :~ ppdadm/agUcza rez09-00007 stone bridge t0.doc 2 Regenia Bailey, Mayor By: Attest: Marian K. Karr, City Clerk By: Approved by: City Attorney's Office CITY OF IOWA CITY ACKNOW DGEMENT: .. -, STATE OF IOWA ) ~_ ss: - ~' JOHNSON COUNTY ) - ~ - On this day of A.D. 20 b±~fore rim, the undersigned, a notary public in and for the tate of Iowa, p rsonally appeared ErriE~st W. Lehman and Marian K. Karr, to me personally know who being me duly sworn, did say that they are the Mayor and City Clerk, respectively, of s id munici al corporation executing the within and foregoing instrument; that the seal affixed the to is t seal of said municipal corporation; that said instrument was signed and sealed on beh f of id municipal corporation by authority of its City Council; and that the said Mayor and City CI rk as such officers acknowledged that the execution of said instrument to be the voluntary t and deed of said corporation, by it and by them voluntarily executed. CORPORATE ACKNOWLEDGEM STATE OF IOWA ) ss: / JOHNSON COUNTY ) Notary Public in and for the State of Iowa My commissidr expires: On this day of , A.D. 20 ,before me, the undersigned, a Notary Public in and for the tate of Iowa, personally appeared and , to me personally known, ho, being by me duly sworn, did say that they are the and ,respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said and as ppdadm/agt/cza rez09-00007 stone bridge 10.doc 3 such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said County and State ppdadm/agUcza rez09-00007 stone bridge 10.doc A STAFF REPORT To: Planning & Zoning Commission Item: REZ09-00007 Stonebridge Estates, Part Ten GENERAL INFORMATION: Applicant: Contact Person: Phone: Prepared by: Sarah Walz Date: September 17, 2009 Arlington Development 1486 15t Avenue, Unit A Iowa City, IA 52240 Gary Watts 2346 Mormon Trek Blvd. Iowa City, IA 52246 319-248-0533 Requested Action: Rezoning from ID-RS to RS-8 Purpose: To allow development of small single-family lots Location: Taft Avenue and Huntington Drive Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning Comprehensive Plan: Neighborhood Open Space District File Date: 45 Day Limitation Period: SPECIAL INFORMATION: Public Utilities: Public Services: 7.91 acres Undeveloped (ID-RS) North:Single-family residential (County-R) South: Residential (RM-12) East: Agricultural (County-Ag) West: Undeveloped (OPD-5) Single-family residential Lower West Branch August 27, 2009 October 9, 2009 Sanitary Sewer can be extended from neighboring Iowa City subdivisions on the west and south. The City will provide Police and Fire protection, and refuse and recycling collection services. The transit route Eastside Express serves the proposed subdivision with a stop along Ashford Place. 2 BACKGROUND INFORMATION: The subject property is located east of the Stone Bridge Estates development. The applicant has indicated that it will be developed as Stone Bridge Estates, Part 10. The property is bounded on its west by the south branch of Ralston Creek and by Taft Avenue to its east. At this time Taft Avenue is an unimproved, chip seal road, however it is planned as a north-south arterial street, which will carry considerable truck traffic to and from the industrial park to the south. Asingle- family home is established on the property to the north. The applicant, Arlington Development, has requested a rezoning from Interim Development Single Family Residential (ID-RS) to Medium Density Single Family Residential (RS-8). The requested RS-8 zoning will allow development of approximately 30 single-family lots, located along Taft Avenue and a northern extension of Huntington Drive. Thames Drive will provide access to Taft Avenue to the east and Stone Bridge Estates to the west. The applicant has indicated that they have chosen not to use the "Good Neighbor Policy' and have not had discussions with neighboring property owners. ANALYSIS: Current Zoning: The ID-RS zone allows a minimum of one single-family dwelling unit per 5-acre lot. The property is zoned ID because of lack of street access. With the development of Huntington Drive to the south and Thames Drive to the west residential street access will be provided from adjacent subdivisions. As noted below Taft Avenue will eventually be improved to provide arterial street access to this property. Proposed Zoning: The RS-8 zone allows the development of small-lot single family dwellings, but also allows flexibility for duplex development on corner lots that meet minimum lot area and width standards. However, lots in the proposed concept plan for this development do not meet the minimum standards for duplex development. Compliance with Comprehensive Plan: The Northeast District Plan shows the area north of Thames Drive as appropriate for large-lot single-family housing. The plan considered large lots, with access provided along a rear alley running parallel to the creek. Large lots were proposed to allow space for a buffer to minimize noise and glare from traffic along Taft Avenue. South of Thames Drive the plan depicts lots served by a central alley with lots fronting on Taft Avenue and other lots fronting on asingle-loaded street along the creek. Double-fronting lots were avoided in order to provide space for an appropriate buffer along Taft Avenue. Staff believes that smaller lots allowed by the proposed RS-8 zoning, may be appropriate if adequate space and a detailed plan for a landscape buffer are provided, and if there is an appropriate transition between the development and the single-family property to the north. Curving Huntington Drive to the west before it reaches the north property line will not only provide a better transition to the established single-family house, but will also provide opportunity for a single loaded street with any future development to the north. The Northeast District Plan also provides some guidance regarding the preservation of open space along the creek, stating "the plan depicts single-loaded streets adjacent to the Ralston Creek stream corridor to be open to the entire neighborhood, not just available to a small percentage of the residents whose private back yards might otherwise back onto the waterway." Compatibility with neighborhood. The neighborhood being developed on the west side of the creek consists of single-family housing, though on somewhat larger lots that are zoned Low Density Single-Family (RS-5). To the north is asingle-family home on a large lot with County PCD\Staff Reports\rez09-00007stonebridge10.doc 3 residential zoning. Property to the south (Windsor Ridge, Part 21) is a Low Density Multi-family (RM-12) zone and is already developed. The proposed small-lot single-family development could provide an appropriate transition between the multi-family and large-lot single family developments. However, Staff believes there needs to be a better transition between the proposed development and the existing single-family property to the north. The concept plan shows Huntington Drive ending perpendicular with the north property line. If left as proposed, the location of Huntington Drive will be problematic in the future, as an extension to the road would be too close to the existing house. Staff suggests curving the road westward, such that a future extension would run closer to the creek providing the opportunity for a future extension to be single-loaded, looking onto a public open space associated with Part 8 of Stone Bridge Estates. This will open up views to the creek and the historic stone bridge. The Northeast District Plan depicts single-loaded streets adjacent to Ralston Creek. Curving Huntington to the west will also allow future subdivision of the large lot to the north. Environmentally Sensitive Areas: The property is adjacent to the South Branch of Ralston Creek. When the property is subdivided, the developer will need to provide a sensitive area site plan to address issues related to the presence of the stream and the requirement for a stream buffer. Access and street design: Access to the development will be provided along an extension of Huntington Drive, which connects to Windsor Ridge Part 21 to the south. Once it is constructed Thames Drive will provide additional access -Thames will connect west to Colchester Drive and east to Taft Avenue. Whether Thames Drive can be connected to Taft Avenue prior to the upgrading of Taft Avenue will depend on the grades of the roads. Section 15-3E-2K of the subdivision code states that "At the discretion of the City, subdivisions may be approved that access existing public streets that do not meet City standards, provided the subdivider contributes toward the future construction cost of brining the segment of the subject public street that abuts the subject property to City standards." As stated above, Taft Avenue is currently an unimproved chip seal road, but is planned as a future arterial street. Therefore the subdivider of Stone Bridge Part 10 will be subject to the arterial street costs (12.5% of total construction cost) at the time of final plat. This information must be included in the legal papers for the subdivision. Because the proposed lots are small, staff recommends that as a condition of the rezoning the applicant provide a detailed landscaping plan to buffer the development from the future arterial street, which will carry considerable truck traffic. An appropriate plan should include species and size of trees/shrubs. A good example of an appropriate buffer for Taft Avenue is established along the east property line of the single-family property to the north of the proposed development. Berms or a decorative masonry wall are other methods that could be used to help create a buffer. To provide for the future improvement of Taft Avenue, the applicant will be required to dedicate space for right-of-way and construction easements. Therefore, at the time of subdivision, staff will recommend that funds to create the landscape buffer be set aside by the developer prior to building permits being issued for the lots. The buffer will then be installed after the Taft Avenue is rebuilt. The current concept plan shows Huntington Drive curving to the east at a location just south of the intersection with Thames Drive. Staff would recommend that Huntington continue straight on its northerly track from lot 4 onward. This would provide those lots on the east side of Huntington more space to accommodate the buffer as well as usable back yard space. A PCD1StaH Reports\rez09-00007stonebridgel0.doc 4 minimum 40-foot building setback is required along Taft Avenue. Within this setback a 20-foot landscaped buffer is required. No fences are allowed in the 20-foot buffer area; this prohibition must be made explicit in the subdivision papers. The Subdivision Code requires double-fronting lots to be a minimum of 125% of the required lot area for the zone in which the lot is located. The additional required lot area is to be used to increase the depth of the lot between street frontages. The applicant has submitted a concept plan for the development showing the minimum 40-foot setback and space for the minimum 20- foot landscape area. While the lots do meet the requirement of being 125% of the required minimum lot size of5,000 square feet for lots in the RS-8 zone, staff believes that the lots with frontage on Taft Avenue should be a minimum of 150 feet deep to provide for a substantial buffer, setback and usable back yard space. Staff believes that this greater buffer is warranted due to the proposed departure from the single-fronting lots shown in the Northeast District Plan and the anticipated level of truck traffic on Taft Avenue. Because lots on the west side of Huntington back up to the creek, where space is being reserved for a stream buffer and trail system, these lots will have a greater sense of depth and therefore shallower lots on the west side of the street should not be problematic. A proposed subdivision will need to provide a temporary emergency vehicle turn-around at the end of Huntington where it abuts the single-family property to the north. On the west side of the creek, Thames Drive will include an 8-foot sidewalk on the south side of the street to provide an adequate trail connection to the future creekside trail system. Staff will recommend that the 8-foot sidewalk be continued east to Taft Avenue as part of the subdivision. Neighborhood parkland or fees in lieu of: Open space dedication or fees in lieu of will be addressed at the time of subdivision. Fees in lieu of dedication would be appropriate given the lack of suitable open space on this property. Storm water management: The applicant will provide infrastructure to convey the storm water to the creek which carries the 100-year storm run-off to the public storm water management facility-Scott Park Detention Areas on the south branch of the Ralston Creek. No separate storm water management facility on the property is required. Infrastructure fees: When this property is subdivided the applicant/ownertyill be required to pay tap on fees for water main water main extension at a rate of $395 per acre. No fees for sanitary sewer are required. As noted above, fees will also be collected for the improvement of Taft Avenue. STAFF RECOMMENDATION: Staff recommends that REZ09-00007, a rezoning of 7.91 acres from Interim Development Single Family (ID-RS) zone to Medium Density Single Family (RS-8) zone, for property located on Huntington Drive, be deferred until the street layout is addressed and a detailed landscaping is provided for review by the commission. If the street layout and landscape plan for the buffer area are resolved, staff recommends approval of REZ09-00007 subject to a conditional zoning agreement requiring compliance with the following: 1. the developer is required to dedicated space along Taft Avenue for right-of-way and construction easements to allow the improvement of this roadway; 2. general conformance with the concept plan with regard to lot depths and street layout; and 3. substantial compliance with a landscaping plan for the buffer area. PCD\Staff Reports\rez09-00007stonebridgel0.doc ATTACHMENTS: 1. Location Map 2. Aerial View 3. Concept Plan Approved by: / ~`L-~-~~/~~- Robert Miklo, Senior Planner, Department of Planning and Community Development PCD\Staff Reports\rez09-00007stonebridgel0.doc i Q 0 \\\Y~/ i i 0 ~ ~ O N ~ m _ 3 ' i P4 I W 3 o ~ ~11W1~ ~1`d~lOd~10~ J~11~ dM i ~~d ~dl N ~ _ ~ Z ~ ,y ~ ~ Q ~ Ny !~ " " ~ ~ o a ~ a ,~ ~ ~ _. o % , ~ ~ W ~~ ~ - i ~ U i ~~~ ~. 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OMn G `'~,, ~~ ,~o j Q " / / \ -1 o ~ C)~ ~ B ~ O~O ~ ~ ~ ~ ~ 5 ~ ~ DZD D ~ ~ D ~ ~ ~ a N~ ~ ,g 'g ~ lT On Z ~ a ~ f, 3 ~~ f W N ~ o ~ ~ N ~ f vi ~ ~ W T ~ ~ n o ~, (n~ ~ ~ ~ ~ ~ n s ~ z ~ ~ ~C7 ~ j N j ~ t c Q, ~_ N V N p Z -1~ -D ~ & a ~ ~ S A 6' ' ~ n m ~ N ~ i f ~ ~ a .. ~ n ~ m T Z Z T ~Rf7 7 ~ ~ y yaa NO~ ~ ~ ~ - s-e' EVERGREEN iREEs ~ (RlAN1ED a1 BERM) O - 1 /1/R-2' DECq 7REE5 (%AN7ED DM BERM) ~~~ C"] ro .t, ~~~ 7 City of Iowa City MEMORANDUM Date: 9 October 2009 To: Planning and Zoning Commission From: Sarah Walz, Associate Planner RE: REZ09-00007 Stone Bridge Estates Part 10 At the September 17 meeting the Commission deferred its consideration of the proposed rezoning of Stone Bridge Estates Part 10 in order to provide the applicant an opportunity to address Staff concern regarding the proposed street layout of a concept plan for development of the site. The Commission also raised concerns about the design of the stub street and its effect on the single-family property to the north. Staff had recommended that the applicant curve the Huntington Drive to the west in order to allow a future extension of the road to be single-loaded to provide views of the public park and Stone Bridge as described in the Northeast District Plan. Staff also believed that a curved road or cul-de-sac would provide a more appropriate transition between the subdivision and the single-family property to the north. to response to questions raised by the Commission, the applicant prepared the attached concept plan for how their proposed layout for Huntington Drive could be extended to allow development on the properties to the north. Staff believes the concept is problematic due to the lot configuration and layout of the road. Given these concerns along with the unusual configuration of lots to the north and the presence of the drainage- way, there remains some uncertainty about the extent to which these properties can be developed. For this reason it is the consensus of staff that it would be inappropriate to tie the rezoning to a concept plan for athrough-street. Staff believes it would be more appropriate to review any such proposal at the plat stage. In general, staff favors ending Huntington with a traditional cul-de-sac. This would allow the developer to maintain the 50-foot ROW; extension of Huntington Drive would require widening Huntington, north of Thames Drive, to a 60-foot right-of-way. This may decrease the amount of space available to provide an adequate landscaped buffer for lots that double-front on Taft. STAFF RECOMMENDATION: Staff recommends that REZ09-00007, a rezoning of 7.91 acres from Interim Development Single Family (ID-RS) zone to Medium Density Single Family (RS-8) zone, for property located on Huntington Drive, be deferred until a landscaping plan for the required buffer from Taft Avenue is submitted for review by the Commission: If an acceptable landscaping plan is submitted, Staff would support the RS-8 rezoning for this property be subject to a conditional zoning agreement requiring compliance with the following: 1. The developer is required to dedicated space along Taft Avenue for right-of-way and construction easements to allow the improvement of this roadway; 2. Developer agrees to contribute toward the future construction costs of upgrading October 9, 2009 Page 2 Taft Avenue to City standards, which contribution shall be 12.5% of construction costs; 3. Lots that double-front on Taft Avenue be a minimum of 140 feet in depth; 4. Substantial compliance with the approved landscaping plan for the buffer area. ATTACHMENTS: Concept Plan Approved by: ~~~~~~, Robert Miklo, Senior Planner, Department of Planning and Community Development 25' 3 2 i III i i I I iQ O I L...{~-._D.._ '~I ~~ I !i~I, D ~~~I;:~ i I 'i~I'~D I i ; Ii ~ ~-r ~I I ~ i~~ i i I i ~' ~ ~ ~ ,! I i , !I~i ~. ~~!~ ~~ ~~ ~i i i I~ ~i~ii~Q i ~I ;il; '' I'I ~~ iII I i,l,;. I ~I I i i 1=- - -- I ~___- I I ~ ilia I I G~ i i 1 III, al ~i i ~i,~ ~' i ~~~ ~, s~ Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, ZONING CODE, TO ALLOW SPECIALIZED EDUCATIONAL FACILITIES IN THE INTENSIVE COMMERCIAL (CI-1) ZONE BY SPECIAL EXCEPTION. WHEREAS, one of the purposes of the Intensive Commercial Zone is to reserve space in the community for businesses and recreational uses that are land intensive, requiring large outdoor work, storage, display or activity areas or that require large interior work or activity spaces; and WHEREAS, specialized educational facilities include schools that focus on non-academic, specialized trade, business or commercial courses; schools that provide instruction on the fine arts and sports or recreation, such as dance, drama, music, and martial art; short-term, examination prep schools; and similar; and WHEREAS, specialized educational facilities may have unusual or extensive indoor or outdoor space needs, similar to other uses allowed in the Intensive Commercial Zone; and WHEREAS, there are a number of uses currently allowed in the CI-1 Zone that are similar in function and space needs to specialized educational facilities, such as Indoor Commercial Recreational Uses, Community Service Uses, Office Uses, and Daycare Uses; and WHEREAS, while there are locations within the CI-1 Zone where specialized educational facilities would be appropriate, there may be some locations within the CI-1 Zone that may not be suitable for specific specialized educational facilities if surrounding uses produce negative externalities that pose a health or safety concerns for the clients of the of the educational facility and therefore these uses should be considered on a case-by-case basis by the Board of Adjustment; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Amending Table 2C-1, Principal Uses Allowed in Commercial Zone, to indicate that Specialized Educational Facilities are allowed in the CI-1 Zone by special exception; and B. Adding a new paragraph 11. to subsection 14-46-4D as follows and renumbering the subsequent paragraphs accordingly: 11. Specialized Educational Facilities in the CI-1 Zone The use will be functionally compatible with surrounding uses, such that the health and safety of clients/students are not compromised. The Board will consider factors such as the types of businesses that predominate in the immediate vicinity, whether there are any significant negative externalities created by these uses, such as excessive noise, dust, or vibrations from outdoor work areas that may pose a health or safety risk to clients/students of the proposed use; and where such negative externalities exist, whether the building(s) and site can and will be designed to mitigate the harmful effects. 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, Ordinance No. Page 2 approval and publication. Passed and approved this day of , 20 MAYOR A/Jpproved by ATTEST: /J G,t ~' ~Lu-ww~~ ~a~ i-i~-zi CITY CLERK City Attorney's Office ~ ~ ~ ~ ~ ~~~~ 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 Correia Hayek O'Donnell Wilburn Wright First Consideration 11 / 17 /2009 Vote for passage: AYES: Hayek, O'Donnell, Wilburn, Wright, Bailey, Champion. NAYS: None. ABSENT: Correia. Second Consideration _ Vote for passage: Date published Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, ZONING CODE, TO ALLOW SPECIALIZED EDUCATIONAL FACILITIES IN THE INTENSIVE COMMERCIAL (CI-1) ZONE BY SPECIAL EXCEPTION. WHEREAS, one of the purposes of the Intensive Commercial Zone is to reserve space in the community for businesses and recreational uses that are land intensive, requiring large outdoor work, storage, display or activity areas or that require large interior work or activity spaces; and WHEREAS, specialized educational facilities include schools specialized trade, business or commercial courses; schools that arts and sports or recreati n, such as dance, drama, music examination prep schools; an imilar; and WHEREAS, specialized ed cational facilities may hav outdoor space needs, similar to of er uses allowed in the Inte WHEREAS, there are a numbe of uses currently allowe in function and space needs to spe ' lized educational fac' Recreational Uses, Community Service ses, Office Uses, shat focus on non-academic, rovide instruction on the fine and martial art; short-term, e nusual or extensive indoor or n ive Commercial Zone; and in the CI-1 Zone that are similar sties, such as Indoor Commercial d Daycare Uses; and WHEREAS, while there are location within the CI-1 one where specialized educational facilities would be appropriate, there may some locati ns within the CI-1 Zone that may not be suitable for specific specialized educatio al facilitie if surrounding uses produce negative externalities that pose a health or safety conce s for t e clients of the of the educational facility and therefore these uses should be consider o a case-by-case basis by the Board of Adjustment; NOW, THEREFORE, BE IT ORDAINED BY T CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City o Iowa City, Iowa is hereby amended as follows: A. Amending Table 2C-1, Principal Uses Ilowed in Co ercial Zone, to indicate that Specialized Educational Facilities are allowed in the CI- Zone by special exception; and B. Adding a new paragraph 11. to su ection 14-4B-4D as f lows and renumb~r`ing the subsequent paragraphs accordin y: 11. Specialized Education I Facilities in the CI-1 Zon = The use will be functio ally compatible with surroundin uses, such t#at they"" health and safety of Tents/students are not compromis .The Boafd.will consider factors such as the types of businesses that pre urinate in -tie: --- immediate vicinity, whether there are any significant negat a extern~jiri~s ~:~~~ created by these uses, such as excessive noise, dust, or vibr tions fracn outdoor work areas that may pose a health or safety risk to clients/stu ents of the ~._' proposed use; and where such negative externalities exist, wh her the building(s) and site can and will be designed to mitigate the har ful effects. 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, _. .j Ordinance No. Page 2 approval and publication. Passed and approved this day of , 2D MAYOR Approved by ATTEST -, :e -_~ ~:~ City of Iowa City MEMORANDUM Date: October 9, 2009 To: Planning and Zoning Commission From: Karen Howard, Associate Planner RE: REZ09-00009 -Request to amend the zoning code to allow specialized educational facilities in the Intensive Commercial Zone Background We have received a request from Judy O' Donnell to amend the Zoning Code to allow Specialized Educational Facilities in the Intensive Commercial (CI-1) Zone. These uses include schools that focus on non-academic, specialized trade, business or commercial courses; music schools; drama schools; dance studios; martial arts studios; language schools and civil service and other short-term, examination prep schools, and similar. The applicant wants to locate a fencing school on Highland Avenue near Gilbert Street in the CI-1 Zone. Their letter of request is attached for your review and consideration. When the zoning code was re-written in 2005, there was an attempt to clean up the CI-1 Zone and eliminate uses that were not compatible with the general purposes of the zone. The most notable uses that were removed from the zone were grocery stores, restaurants, medical offices, and residential apartments. Grocery stores, most types of sales-oriented retail uses, and restaurants are all uses that serve a significant segment of the total community population, tend to be large traffic generators, and tend to prefer visible locations in the major business districts in the community. Medical offices generate traffic similar to retail uses, are allowed in almost all areas of the city and can afford more prominent locations in office parks, in community commercial and neighborhood commercial locations and near area hospitals. Due to potential late night operations, noise, dust and other externalities associated with some uses in the CI-1 Zone, this zone does not tend to provide a healthy residential living environment. During the process of cleaning up the CI-1 Zone, specialized educational facilities were also eliminated as an allowed use in the zone. The attached letter from the applicant describes her rationale for why the City should reconsider allowing these types of uses in the CI-1 Zone. Following is staffs analysis in response to this request. Analysis The purpose of the Intensive Commercial (CI-1 Zone) is largely two-fold. The first purpose listed below is the one that is explicitly stated in the ordinance, while the second is one that has become a de facto purpose due to market factors. While there are many complex reasons that businesses locate where they do, I have tried to group the currently allowed uses into these general purpose categories to provide some context for the question about whether specialized educational facilities should be allowed in the CI- 1 Zone. I have also included an "other" group, which includes uses that don't seem to fall as clearly into the general purposes of the zone, but which are necessary uses in a community. These are uses that have real or perceived negative externalities that make finding a location difficult. Page 2 Purpose: To reserve space in the community for businesses and recreational uses that are land intensive and require large outdoor work, storage, display, or activity areas; or that require large interior spaces, which may result in fewer employees, clients, and/or participants per square foot of lot area or building area than uses in other commercial areas. A number of the uses allowed are considered industrial or quasi-industrial in nature and involve outdoor activities that may produce some negative externalities, such as noise, dust, or unsightly outdoor storage areas. Many of these uses provide specialized goods and services, such that they are destinations rather than relying on visibility from a major traffic corridor. The uses that are allowed in the CI-1 Zone that meet this purpose include: o Intensive Animal-Related Commercial (dog daycare; kennels and stables) (Provisional) o Outdoor Commercial Recreational Uses (golf driving ranges; miniature golf; amusement parks; commercial ball field, etc.) (Permitted) o Indoor Commercial Recreational Uses (fitness centers, gyms; health clubs; indoor soccer facilities; bowling alleys; amusement arcades; indoor play parks; indoor theaters) (Permitted) o Sales-Oriented Retail is limited to sales of building supplies; auto supplies; hardware' paint• flooring; furniture; appliances (Permitted) o Outdoor Storage and Display-Oriented Retail Uses (lumber yards; car dealerships; sales of landscaping and nursery products; farm. and implement supply; vehicle or equipment rental) (Permitted) o Quick Vehicle Servicing (gas stations, car washes) (provisional) o Vehicle Repair (provisional) o Industrial service uses (building contractor yards; welding shops; machine shops; repair of tools, motors, heavy machinery; truck repair; towing service; commercial laundries; schools for industrial trades) (Permitted) o Warehouse facilities and self-service storage (Permitted) o Wholesale sales (Permitted) Purpose, not explicitly stated in the Code: CI-1 zoned properties may be less costly to lease or purchase due to a less visible location or a mix of businesses that may have outdoor work and storage areas or other negative externalities that will discourage businesses that desire a prominent or more attractive site. These cost factors make CI-1 Zones attractive to cottage industries, start-up businesses, and other uses that either cannot compete for commercial property in more prominent and visible commercial areas or that do not need a prominent or visible location to be successful. The uses that are allowed in the CI-1 Zone that most closely meet this purpose include: o General Office uses (business service uses and all types of offices, except medical offices -these would tend to be offices that don't rely on drive-by traffic for their business or do not need or cannot afford a more prominent commercial retail location) (permitted) o Consignment stores (second-hand shops) (permitted) o Repair-Oriented Retail (repair of consumer goods of all types) (Permitted) o Light and General Manufacturing (provisional -limits size to 5,000 sq. ft., but can be increased to 15,000 sq. ft. by special exception) o Daycare (provisional) o General Animal-related Commercial (Vet clinics; animal grooming) (provisional) Page 3 o Community Service Uses (community centers, social service facilities, vocational training facilities, soup kitchens, public safety facilities, surplus food distribution centers)(special exception) o Assisted Group Living (Group Care Facilities) (special exception) Other: These other uses tend to be considered less desirable uses and some are only allowed in a few places in the community. o Adult Businesses (provisional) o Heavy Manufacturing (limited to concrete batch/mix plants) (special exce tion o Homeless shelters (special exception) o Detention Facilities (special exception) o Communication Towers (special exception) After care,ul consideration, staff finds that Specialized Educational Facilities may be appropriate for consideration in the CI-1 Zone for the following reasons: ^ Specialized schools might be land-intensive -needing either large indoor or outdoor spaces, which may make it difficult to find buildings or properties that suit their needs or to compete for land in more prominent retail commercial areas or downtown; and ^ They are specialized uses that are destinations rather than relying on drive-by traffic for their business and therefore do not need a more visible or prominent location. Staff also finds that there are a number of uses currently allowed in the CI-1 Zone that have similarities to Specialized Educational Facilities. These include: ^ Indoor Commercial Recreational Uses - It is difficult to distinguish how the impacts of indoor commercial recreational uses would differ from specialized educational facilities, particularly those focused on learning recreational or physical activities -such as dance and martial arts schools. In fact, health clubs, which are categorized as indoor commercial recreational uses may offer classes in a variety of activities including martial arts, dance, yoga, and other specialized skills that if offered on their own under a separate roof, might be categorized as specialized educational facilities. ^ Community Service Uses -this use category allows a wide variety of uses including community centers, youth club facilities; vocational training for the physically or mentally disabled, which may draw similar clientele and have similar traffic generation to specialized educational facilities. ^ Office Uses -schools that provide instruction for specific trades, business courses, test prep courses, and driving schools would be similar to many office uses. ^ Daycare Uses -schools that offer classes for children or younger students would have similar concerns with regard to safe drop-off/pick-up areas and traffic circulation as would specialized educational facilities that focus on classes for youth, such as dance studios. Because there are a broad range of uses allowed in the CI-1 Zone, each area of CI-1 zoning tends to have its own distinct character. There are many locations where specialized educational facilities may easily coexist with other CI-1 uses. However, there is a concern that specialized educational facilities may not be compatible with the character of some CI-1 zones, particularly if the specific area includes uses that tend to Page 4 create negative externalities, such as outdoor work activities and storage areas that may be noisy, dusty, or contain machinery that causes repetitive vibrations. There may also be instances where operators and clients of certain schools of specialized instruction have higher expectations for property appearance than what is found in some CI-1 locations. As consequence, there may be instances where it is inadvisable for a specialized educational facility to be established due to the negative externalities from surrounding uses that pose significant health or safety concerns for the clients of the facility. Therefore, staff recommends that specialized educational facilities be allowed in the CI-1 Zone by special exception, so that such uses are considered carefully on a case-by-case basis by the Board of Adjustment. Recommendation Staff recommends that Table 2C-1, Principal Uses Allowed in Commercial Zones, be amended to indicate that Specialized Educational Facilities are allowed by Special Exception in the CI-1 Zone; and that subsection 14-48-4D be amended by inserting the following paragraph, which sets forth the specific approval criteria for Specialized Educational Facilities in the CI-1 Zone. Specialized Educational Facilities in the CI-1 Zone The use will be functionally compatible with surrounding uses, such that the health and safety of clients/students are not compromised. The Board will consider factors such as the types of businesses that predominate in the immediate vicinity. whether there are any significant negative externalities created by these uses, such as excessive noise dust or vibrations from outdoor work areas that may pose a health or safety risk to clients/students of the proposed use' and where such negative externalities exist, whether the building(s) and site can and will be designed to mitigate the harmful effects. The Commission should also note that the general approval criteria that apply to all special exceptions would also be used by the Board of Adjustment to determine if a particular location was acceptable for the proposed use. These criteria are listed in section 14-4B-3 of the Zoning Code and are copied below for ease of your review. Approval Criteria In order to grant a special exception, the Board must find that the applicant meets the specific approval criteria set forth in this Title with respect to the specific proposed exception. The Board must also find that the applicant meets the following general approval criteria or that the following criteria do not apply: 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare; 2. The specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood; 3. Establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district in which such property is located; 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided; Page 5 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets; 6. Except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located; 7. The proposed exception will be consistent with the Comprehensive Plan of the City, as amended. ATTACHMENTS: 1. Application materials Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development Judy O'Donnell 16 South View Dr NE Iowa City, IA 52240 September 23, 2009 To City Staff and Planning & Zoning Commission: This application is to request that a zoning amendment be adopted that would permit Schools of Specialized Instruction in CI-1 zones. Currently, Schools of Specialized Instruction are not permitted in CI-1 zones, but Indoor Commercial Recreational Uses are allowed. It is my understanding that CI-1 zones are purposed for those activities and uses that require either more land or large interior spaces. The zone is supposed to create a buffer between more highly trafficked retail commercial areas and industrial areas. Rental prices tend to be less in the C1-1 zone so that they provide an area where new businesses have an opportunity to get started. Examples of Schools of Specialized Instruction include dance schools, martial arts studios, and drama schools. After speaking with my realtor and City staff in the Housing and Inspection Services Department, I was informed that the center I wish to open to teach both adults and children the Olympic sport of fencing would be classified as a School of Specialized Instruction. It is my understanding that my use would be classified in this category rather than an Indoor Commercial Recreational Use (the category that health clubs and gyms fall into) because a fencing school most closely compares to the examples listed for Schools of Spe~iatized Instruction. However, fencing schools require a large amount of interior space because of the nature of the sport. Fencing strips are approximately 60ft long by Eft wide. Additionally, about 10ft of space between. the strips is necessary for the safety of the participants. In order to have a ftmction~l school, I will need several strips set up plus a large area to give classes. The space requirements for this sport cannot currently be met v~ithin tl'e ~~ allowable zones in Iowa City at a lease price that would make it ~possib~e to run such a business. A School of Specialized Instruction doesnot. ;_r ~-'-~ need.-retail visibility, and typically cannot afford the rent required=~~,~ a ,-~-~, ''~~~' retail area. - ~-~ ~. Allowing Schools of Specialized Instruction in CI-1 zones would have no adverse effects on surrounding properties. Unlike the allowed Commercial Indoor Recreational businesses, which impact the area because they are so busy throughout the day, Schools of Specialized Instruction tend to hold activities primarily in the evenings and on weekends when surrounding businesses in a CI-1 zone would typically be closed. Traffic caused by a School of Specialized Instruction is fairly minimal, as class sizes are usually small. A School of Specialized Instruction in a CI-1 zone would be a low intensity use that requires a large amount of space. Since the CI-1 zone does permit health clubs and gyms -uses which are very similar to many Schools of Specialized Instruction -the compatibility seems the same. Nothing about including a School of Specialized Instruction in a CI-1 zone seems incompatible with the Comprehensive plan for the Central Planning District. Indeed, making it possible for new Schools of Speciailized Instruction to open in CI-1 zones would be providing a use that would be attractive to nearby residents as well as the rest of Iowa City. For example, my proposed fencing center, if permitted at 415 Highland, would be the first site dedicated to the sport of fencing in the entire state of Iowa. If you have further questions or need more details about the nature of a fencing school or my specific business plan, please don't hesitate to contact me. Sincerely, Judy O'Donnell (319) 358-6362 `3 _. , `~:J _.~ , ~,~ f e 1 -k ' ~' ..«.. ~ !' r y ~^- (;'; :`._ Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, ZONING CODE, TO ALLOW FLEXIBILITY IN THE TYPE OF FENCE SCREENING REQUIRED FOR SALVAGE YARDS. WHEREAS, salvage yards are uses that require large sites for work areas and outdoor storage of salvaged materials; and WHEREAS, due to the negative externalities associated with such uses, they are only allowed by special exception even in the Heavy Industrial Zone; and WHEREAS, the current code has very specific fence requirements for salvage yards that do not provide much leeway for the Board of Adjustment to take particular site conditions or locations into account when imposing fence requirements; and WHEREAS, there may be instances where it is not deemed necessary to require a solid fence, including areas that are not visible to the public or surrounding properties or where adjacent properties are unlikely to ever be developed; and WHEREAS, in such cases where the public or neighboring properties will not be harmed, the Board of Adjustment should be granted the flexibility to weigh individual cases on their merits and impose an alternative fencing requirement when appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: Deleting paragraph 14-4B-4C-5, and substituting in lieu thereof: 5. Salvage Operations a. The proposed use must be located at least 1,000 feet from any residentially zoned property. b. All outdoor storage and work areas must be completely enclosed by a fence built to at least the S5 standard such that outdoor storage or salvage operations are not visible from adjacent properties, streets, or highways (See Article 14-5F, Screening and Buffering Standards). Salvage materials may not be piled against the fence or piled higher than the height of the fence. In areas that are not visible from streets, other public rights-of-way, or the Iowa River, and where nearby uses will not be harmed, the Board of Adjustment may approve asemi- opaque or open pattern fence in certain situations as described below: (1) where the view is or will be blocked by a significant change in grade or by natural or human-made features; such that the screening is effectively provided or the intent of the standard is met; or (2) where the adjacent property is unlikely to be developed, is not visible to the public, and is unlikely to be harmed by an alternative fencing requirement; or (3) where the adjacent property is zoned Industrial and the area on the adjacent property that abuts the fence is or is likely to be an outdoor work or storage area rather than a part of the property that would be highly visible to the public or to customers or clients of adjacent businesses. c. For fire protection, a 15-foot wide, unobstructed firebreak, which completely surrounds the use, must be established and maintained. Ordinance No. Page 2 d. The storage of rags, paper and similar combustible waste may not be stored closer than 100 feet from any property line unless enclosed in a masonry building of not less than 4-hour, fire-resistive construction. SECTION I I. 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. Passed and approved this day of , 20 MAYOR ATTEST: CITY CLERK Approved by /! - z 3-U l City Attorney's Office 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 Correia Hayek O'Donnell Wilburn Wright First Consideration 11 / 17 / 2009 Vote for passage: AYES: Hayek, O'Donnell, Wilburn, Wright, Bailey, Champion. NAYS: None. ABSENT: Correia. Second Consideration Vote for passage: Date published C~ City of Iowa City MEMORANDUM Date: October 9, 2009 To: Planning and Zoning Commission From: Karen Howard, Associate Planner RE: Amendment to the Zoning Code to allow flexibility in the type of fences allowed for salvage yards Salvage yards are uses that required large sites for work areas and outdoor storage of salvaged materials. Because of the potential negative externalities associated with such uses, they are only allowed by special exception even in Industrial Zones. The Zoning Code contains strict requirements for buffering and fencing the outdoor storage areas for Salvage Operations. One of the special exception requirements is for a solid fence that is 6 to 8 feet tall. The code doesn't leave much leeway for the Board of Adjustment to take particular site conditions into account. In a recent case, one salvage yard is located next to another one, so a 8 foot solid fence may not be warranted. To give the Board of Adjustment some flexibility to judge individual cases on their merits, staff recommends adding additional language to allow open pattern fencing orsemi-opaque fencing, such as chain link in instances where the salvage materials will not be visible from public streets or from public view and where nearby uses will not be harmed by a reduced requirement. Recommendation: Staff recommends that paragraph 14-4B-4C-5, be amended as indicated on the attached page. Approved by: ~~ Robert Miklo, Senior Planner, Department of Planning and Community Development Amend paragraph 14-48-4C-5 as follows: 5. Salvage Operations a. The proposed use must be located at least 1,000 feet from any residentially zoned property. b. All outdoor storage and work areas must be completely enclosed by a fence built to at least the S5 standard such that outdoor storage or salvage operations are not visible from adjacent properties, streets, or highways (See Article 14-5F, Screening and Buffering Standards). Salvage materials may not be piled against the fence or piled higher than the height of the fence. In areas that are not visible from streets or other public rights-of-way and where nearby uses will not be harmed, the Board of Adjustment may approve asemi-opaque or open pattern fence in certain situations as described below: (1) where the view is or will be blocked by a significant change in grade or by natural or human-made features, such that the screening is effectivelyprovided or the intent of the standard is met; or (2) where the adjacent property is unlikely to be developed, is not visible to the public and is unlikely to be harmed by an alternative fencing requirement; or (3) where the adjacent property is zoned Industrial and the area on the adjacent property that abuts the fence is or is likely to be an outdoor work or storage area rather than a part of the property that would be highly visible to the public or to customers or clients of adjacent businesses. c. For fire protection, a 15-foot wide, unobstructed firebreak, which completely surrounds the use, must be established and maintained. d. The storage of rags, paper and similar combustible waste may not be stored closer than 100 feet from any property line unless enclosed in a masonry building of not less than 4-hour, fire-resistive construction. Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, ZONING CODE, TO ALLOW FLEXIBILITY IN THE TYPE OF FENCE SCREENING REQUIRED FOR SALVAGE YARDS. WHEREAS, salvage yards are uses that require large sites for work areas and outdoor storage of salvaged materials; and WHEREAS, due to the negative externalities associated with such uses, they are only allowed by special exception even in the Heavy Industrial Zone; and WHEREAS, the current code has very specific fence requirements for salvage yards that do not provide much leeway for the Board of Adjustment to take particular site conditions or locations into account when imposing fence requirements; and WHEREAS, there may be instances where it is not deemed necessary to require a solid fence, including areas that are not visible to the public or surrounding properties or where adjacent properties are unlikely to ever be developed; and WHEREAS, in such cases where the public or neighboring properties will not be harmed, the Board of Adjustment should be granted the flexibility to weigh individual cases on their merits and impose an alternative fencing requirement when appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: Deleting paragraph 14-46-4C-5, and substituting in lieu thereof: 5. Salvage Operations a. The proposed use must be located at least 1,000 feet from any residentially zoned property. - ...._,~ b. All outdoor storage and work areas must be completely enclosed. by a fetace ~~_ built to at least the S5 standard such that outdoor storage or salva' op~lratiorls, ~~~ are not visible from adjacent properties, streets, or highways (See, fl~'ticle~'14-5F;~:.' Screening and Buffering Standards). Salvage materials may not:.be~pile~? against the fence or piled higher than the height of the fence. In=areas t{t are not visible from streets or other public rights-of-way and where nearby uses will not be harmed, the Board of Adjustment -may approve asemi-opaque or open pattern fence in certain situations as described below: (1) where the view is or will be blocked by a significant change in grade or by natural or human-made features, such that the screening is effectively provided or the intent of the standard is met; or (2) where the adjacent property is unlikely to be developed, is not visible to the public, and is unlikely to be harmed by an alternative fencing requirement; or (3) where the adjacent property is zoned Industrial and the area on the adjacent property that abuts the fence is or is likely to be an outdoor work or storage area rather than a part of the property that would be highly visible to the public or to customers or clients of adjacent businesses. c. For fire protection, a 15-foot wide, unobstructed firebreak, which completely surrounds the use, must be established and maintained. Ordinance No. Page 2 d. The storage of rags, paper and similar combustible waste may not be stored closer than 100 feet from any property line unless enclosed in a masonry building of not less than 4-hour, fire-resistive construction. 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. Passed and approved this day of , 20 MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office - ..- ., ua ~ ~: _.... ~~ 6d Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN OR NANCE AMENDING TITLE 14, ZONING CODE, TO ALLOW FLEXIBILI YIN THE TYPE OF ENCE SCREENING REQUIRED FOR SALVAGE YARDS. WHER S, salvage yards are uses that require large sites for work are s and outdoor storage of sal ged materials; and WHEREAS, ue to the negative externalities associated with such es, they are only allowed by specia xception even in the Heavy Industrial Zone; and WHEREAS, the urrent code has very specific fence requirements f salvage yards that do not provide much le ay for the Board of Adjustment to take pa cular site conditions or locations into account w n imposing fence requirements; and WHEREAS, there may a instances where it is not deemed ecessary to require a solid fence, including areas that re not visible to the public or sur ounding properties or where adjacent properties are unlike) to ever be developed; and WHEREAS, in such cases here the public or neighbori g properties will not be harmed, the Board of Adjustment should a granted the flexibility o weigh individual cases on their merits and impose an alternative fe ing requirement whe appropriate. NOW, THEREFORE, BE IT ORD INED BY 'THE CI COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances f the City f Iowa City, Iowa is hereby amended as follows: Deleting paragraph 14-46-4C-5, and s b Ituting in lieu thereof: 5. Salvage Operations a. The proposed use must be to ate at least 1,000 feet from any residentially zoned property. b. All outdoor storage and ork areas m t be completely enclosed by a fence built to at least the S5 andard such th outdoor storage or salvage operations are not visible from a ~acent properties, st ets, or highways (See Article 14-5F, Screening and Buff ring Standards). Salva materials may not be piled against the fence r piled higher than the heig t of the fence. In areas that are not visible from reets or other public rights-of-via and where nearby uses will not be harme ,the Board of Adjustment may appr~ e a semi-opaque or open pattern fenc in certain situations as described belo (1) wher the view is or will be blocked by a significan change in grade or by nat ral or human-made features, such that the scree ing is effectively p vided or the intent of the standard is met; or (2) here the adjacent property is unlikely to be developed, is of visible to the public, and is unlikely to be harmed by an alternative fencing equirement; or /(3) where the adjacent property is zoned Industrial and the area on th1~ adjacent property that abuts the fence is or is likely to be an outdoor or storage area rather than a part of the property that would be highly visible to the public or to customers or clients of adjacent businesses. c. For fire protection, a 15-foot wide, unobstructed firebreak, which completely surrounds the use, must be established and maintained. Ordinance No. Page 2 d. The storage of rags, paper and similar combustible waste may not be stored closer than 100 feet from any property line unless: enclosed in a masonry buil ing of not less than 4-hour, fire-resistive co truction. SECTION II. RE EALER. All ordinances and parts of ordin ces in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SE ERABILITY. If any section, provisio or part of the Ordinance shall be adjudged to be invali or unconstitutional, such adjudica on shall not affect the validity of the Ordinance as a whol or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFEC IVE DATE. This Ordinanc shall be in effect after its final passage, approval and publication. Passed and approved th's day of , 20 MAYOR Approved by ATTEST: /-gut. ~,c .,~~.a-e~-~~;z~-c,~ ::fap-~,., CITY CLERK City Attorney's Office ~ ~' ~~~ ~v ~ 6e Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, ZONING CODE, TO CORRECT LANGUAGE IN THE CODE TO ALLOW WHEELCHAIR RAMPS AND STOOPS TO EXTEND INTO REQUIRED SETBACK AREAS FOR ALL TYPES OF BUILDINGS. WHEREAS, the zoning code currently allows stoops and wheel chair ramps that function as a means of access to the ground or first floor of a dwelling unit to extend a certain distance into the required setback areas; and WHEREAS, since other types of buildings besides dwelling units should be allowed the same consideration with regard to extensions into required setback areas and since there is no reason to make a distinction between different types of buildings with regard to the setback of a stoop or wheelchair ramp. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: Deleting subparagraphs 14-2A-46-4e., 14-2B-4B-4e., 14-2C-4B-4e., 14-2D-46-4d., and 14-2E-4B-4e., and substituting in lieu thereof: Stoops and wheelchair ramps that function as a means of access to the ground or first floor of a building may extend into the rear setback, up to 8 feet into the required front setback, and into the side setback, provided they are setback at least 3 feet from any side lot line. In cases where due to topography or other site characteristics, a wheelchair ramp cannot meet this standard, a Minor Modification may be requested according to the approval criteria and procedures for Minor Modifications contained in Chapter 4, Article B of this Title. 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. Passed and approved this day of MAYOR ATTEST: CITY CLERK 20 Approved by ~~~~ ~~z~ ~~~ City Attorney's Office ~` ~~ ~. ~ ~~ ~ Ordinance No. Page It was moved by and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright First Consideration 11 / 17 / 2009 Vote for passage: AYES: O'Donnell, Wilburn, .NAYS: None. ABSENT: Correia. Second Consideration Vote for passage: that the Ordinance Wright, Bailey, Champion, Hayek. Date published j Ff ~-(~ ~.~. City of Iowa City MEMORANDUM Date: October 9, 2009 To: Planning and Zoning Commission From: Karen Howard, Associate Planner RE: Zoning Code amendment to standardize setback standards for wheelchair ramps and stoops The following amendment will correct an error and standardize the language in all base zones to allow stoops and wheelchair ramps on all types of buildings to extend into required setbacks according to the same set of rules. Currently, the code refers to a "dwelling unit," whereas it should just refer to "building," since there is no reason to make a distinction between different types of buildings with regard to the setback of a stoop or wheelchair ramp. Staff recommends that subparagraphs 14-2A-46-4e., 14-2B-46-4e., 14-2C-46-4e; 14- 2D-4B-4d., and 14-2E-4B-4e. be amended as follows: x. Stoops and wheelchair ramps that function as a means of access to the ground or first floor of a ~wet}+~-ue+t buildin may extend into the rear setback, up to 8 feet into the required front setback, and into the side setback, provided they are setback at least 3 feet from any side lot line. In cases where due to topography or other site characteristics, awheelchair ramp cannot meet this standard, a Minor Modification may be requested according to the approval criteria and procedures for Minor Modifications contained in Chapter 4, Article B of this Title. Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDI NCE AMENDING TITLE 14, ZONING CODE, TO CORRECT LANGUAGE IN THE CODE TO LLOW WHEELCHAIR RAMPS AND STOOPS TO EXTEND INTO REQUIRED SETBACK A AS FOR ALL TYPES OF BUILDINGS. WHEREAS, the zoning code currently allows stoops and wheel chair ramps that function as a means of acce to the ground or first floor of a dwelling unit to extend a certain distance into the required setbac areas; and WHEREAS, since they types of buildings besides dwelling units should be allowed the same consideration with, Bard to extensions into req `fired setback areas and since there is no reason to make a distincti between different types buildings with regard to the setback of a stoop or wheelchair ramp. NOW, THEREFORE, B IT ORDAINED BY TH CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of dinances of the Ci of Iowa City, Iowa is hereby amended as follows: Deleting subparagraphs 14- A-4B-4e., 14 B-4B-4e., 14-2C-4B-4e., 14-2D-46-4d., and 14-2E-46-4e., and substitutin in lieu they of: • Stoops and wheelchair ramps first floor of a building may exte front setback, and into the side from any side lot line. In cases a wheelchair ramp cannot mee requested according to the ap contained in Chapter 4, Articl~ SECTION II. REPEALER. All ordin~ of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If adjudged to be invalid or unconstitu i Ordinance as a whole or any s c unconstitutional. SECTION IV. EFFECTIVE D E. approval and publication. hat f nation as a means of access to the ground or . d nto the rear setback, up to 8 feet into the required back, provided they are setback at least 3 feet w re due to topography or other site characteristics, t thi standard, a Minor Modification may be royal riteria and procedures for Minor Modifications B of th' Title. and pats of ordinances in conflict with the provisions ny section, p vision or part of the Ordinance shall be nal, such adju 'cation shall not affect the validity of the m, provision o part thereof not adjudged invalid or This Ordinance shill be in effect after its final passage, Passed and approved this day of MAYOR ATTEST: CITY CLERK 20 Approv2d by "' City Attorney's Office ~ ~, 6f Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, ZONING CODE, TO CLARIFY STANDARDS THAT APPLY TO DUPLEXES AND SINGLE-FAMILY ATTACHED DWELLINGS IN PLANNED DEVELOPMENT OVERLAY(OPD) ZONES. WHEREAS, in Planned Developments, the zoning code allows variation from the underlying base zone standards with regard to the uses allowed; and WHEREAS, there are minimum standards specified for the various uses allowed in planned developments; and WHEREAS, currently Two Family Uses (commonly known as duplexes) are required to meet the same standards as multi-family uses; and WHEREAS, the standards for Multi-Family Uses are impractical for Two Family Uses, making it difficult for developers to comply with the code and city staff to administer the code in this regard; and WHEREAS, separate standards should be specified for Two Family Uses and should be similar to those standards applied to Attached Single Family Uses, which are similar in form and function to Two Family Uses; and WHEREAS, Two Family and Attached Single Family Uses are only allowed on corner lots in the Low Density and Medium Density Single Family Zones (RS-5 and RS-8), and therefore it is necessary to clarify whether Two Family Uses and Attached Single Family Uses are allowed on lots other than corner lots in Planned Developments and under what conditions such a variation from the underlying zoning would be allowed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: Deleting subparagraphs 14-3A-4C-1 a. and 14-3A-4C-1 b., and substituting in lieu thereof: a. Single Family and Two Family Uses (1) Unless modified as allowed in sub-subparagraph (3), below, Attached and Detached Zero Lot Line Dwellings must comply with the Specific Approval Criteria for Attached and Detached Zero Lot Line Dwellings in the RS-12 Zone as set forth in Article 14-4B, Minor Modifications, Variances, Special Exceptions, and Provisional Uses. Townhouse-style condominiums must also meet these approval criteria. In addition, the following provisions apply: (a) Main entrances to dwelling units must be clearly demarcated by one of the following means: covered porch or canopy; transom and sidelight windows; pilasters and pediment; or other significant architectural treatment that emphasizes main entrances. Simple trim around the doorway does not meet this standard. (b) If multiple townhouse-style condominium buildings are located on a common lot, the buildings must be separated by a distance of at least 20 feet. (c) If the underlying base zone is RS-5 or RS-8, the requirement that Attached Single Family Dwellings are only allowed on corner lots with each main entrance oriented toward a different street applies in all planned developments in order to encourage a mix of residential uses. If multiple two-unit buildings will be located on a common lot, Ordinance No. Page 2 imaginary lot lines must be illustrated on the plan for purposes of determining where the corner units would be located according to base zone standards. This corner lot standard may only be waived if convincing evidence is submitted that the configuration of the property or other existing physical condition of the lot makes the application of this standard impractical. If this standard is waived the units must be designed and located in a manner that prevents monotony by varying aspects such as facade detailing, window pattern, building materials, and color. (2) Two Family Uses must comply with the standards for Two-Family Uses as set forth in Article 14-46, Minor Modifications, Variances, Special Exceptions, and Provisional Uses. In addition, the following provisions will apply: (a) Main entrances to dwelling units must be clearly demarcated by one of the following means: covered porch or canopy; transom and sidelight windows; pilasters and pediment; or other significant architectural treatment that emphasizes main entrances. Simple trim around the doorway does not meet this standard. (b) If multiple Two-Family buildings are located on a common lot, the buildings must be separated by a distance of at least 20 feet. (c) If the underlying base zone is RS-5 or RS-8, the requirement that Two Family Uses are only allowed on corner lots with each main entrance oriented toward a different street applies in all planned developments in order to encourage a mix of residential uses. If multiple two-unit buildings will be located on a common lot, imaginary lot lines must be illustrated on the plan for purposes of determining where the corner units would be located according to base zone standards. This corner lot standard may only be waived if convincing evidence is submitted that the configuration of the property or other existing physical condition of the lot makes the application of this standard impractical. If this standard is waived the units must be designed and located in a manner that prevents monotony by varying aspects such as facade detailing, window pattern, building materials, and color. (d) Garages and off-street parking areas must be located and designed so that they do not dominate the streetscape according to the standards specified in sub-subparagraph 14-3A-4K-1 c(2). (3) Minimum lot area, lot width, lot frontage, and setbacks required in the underlying base zone may be reduced in order to provide the opportunity for a variety of Single Family and Two Family dwelling types. However, any such modification to the underlying zoning requirements must be noted on the plan and the development must comply with the standards listed in subsection E of this section, Zoning Requirements. b. Multi-Family and Group Living Uses If Multi-Family or Group Living Uses are proposed, they must comply with the Multi-Family Site Development Standards set forth in Article 14-2B, Multi-Family Residential Zones. When located adjacent to single family and duplex structures, multi-family buildings should be of a scale, massing and architectural style that is Ordinance No. Page 3 compatible with adjacent lower density residential development. 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. Passed and approved this day of , 20 MAYOR ATTEST: CITY CLERK Approved by ~G~C1cf ~~ ~~~- City Attorney's Office ~ ~ ~~~, ~~,~y Ordinance No. Page It was moved by and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: First Consideration 11 / 17 / 2009 Vote for passage: AYES: Wilburn, NAYS: None. ABSENT: Correia. Second- Consideration Vote for passage: Bailey Champion Correia Hayek O'Donnell Wilburn Wright that the Ordinance Wright, Bailey, Champion, Hayek., O'Donnell. Date published ~° -(1 Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, ZONING CODE, TO CLARIFY STANDARDS THAT APPLY TO DUPLEXES AND SINGLE-FAMILY ATTACHED DWELLINGS IN PLANNED DEVELOPMENT OVERLAY(OPD) ZONES. WHEREAS, in Planned Developments, the zoning code allows variation from the underlying base zone standards with regard to the uses allowed; and WHEREAS, there are minimum standards specified for the various uses allowed in planned developments; and WHEREAS, currently,Two Family Uses (commonly known as duplexes) are required to meet the same standards a multi-family uses; and WHEREAS, the standar for Multi-Family Uses are impractical for Two Family Uses, making it difficult for developers o comply with the code and city staff to administer the code in this regard; and WHEREAS, separate standards should be specified fo Two Family Uses and should be similar to those standards applied to A ached Single Family ses, which are similar in form and function to Two Family Uses; and WHEREAS, Two Family and Attached Ingle Family U es are only allowed on corner lots in the Low Density and Medium Density Singl Family Zone (RS-5 and RS-8), and therefore it is necessary to clarify whether Two Family Uses and Attach d Single Family Uses are allowed on lots other than corner lots in Planned Developm nts and nder what conditions such a variation from the underlying zoning would be allowed. NOW, THEREFORE, BE IT ORDAINED BY T C COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City f Iowa City, Iowa is hereby amended as follows: Deleting subparagraphs 14-3A-4C-1 a. and 1 -3A- C-1 b., and substituting in lieu thereof: a. Single Family and Two Family Uses (1) Unless modified as allowed i sub-subpa agraph (3), below, Attached and Detached Zero Lot Line Dw Ilings must c mply with the Specific Approval Criteria for Attached and D tached Zero L Line Dwellings in the RS-12 ~a Zone as set forth in Articl 14-46, Minor Mo ifications, Variances, Special =- Exceptions, and Provisi al Uses. Townhous -style condominiums must "':`' also meet these approv I criteria. In addition, a following provisions ~-L.` apply: r ~ ~ (a) Main entrances o dwelling units must be cl arly demarcated by one of the followin means: covered porch or ca opy; transom and ~_ ° ~ sidelight wind ws; pilasters and pediment; or ether significant architectural reatment that emphasizes main entrances. Simple trim _ , around the oorway does not meet this standard. (b) If multiple townhouse-style condominium buildings are located on a common lot, the buildings must be separated by ~ distance of at least 20 feet. (c) If the underlying base zone is RS-5 or RS-8, the requirement that Attached Single Family Dwellings are only allowed on corner lots with each main entrance oriented toward a different street applies in all planned developments in order to encourage a mix of residential uses. If multiple two-unit buildings will be located on a common lot, Ordinance No. Page 2 imaginary lot lines must be illustrated on the plan for purposes of determining where the corner units would be located according to base zone standards. This corner lot standard may only be waived if convincing evidence is submitted that the configuration of the property or other existing physical condition of the lot makes the application of this standard impractical. If this standard is waived the units must be designed and located in a manner that prevents monotony by varying aspects such as facade detailing, window pattern, building materials, and color. (2) Two Family Uses must comply with the standards for Two-Family Uses as set forth in Article 14-46, Minor Modifications, Variances, Special Exceptions, and Provisional Uses. In addition, the following provisions will apply: (a) Main entrances to dwelling units must be clearly demarcated by one of the Ilowing means: covere porch or canopy; transom and sidelight windows; pilasters an pediment; or other significant architect al treatment that em hasizes main entrances. Simple trim around the oorway does not eet this standard. (b) If multiple T Family buildin s are located on a common lot, the buildings must a separated y a distance of at least 20 feet. 4`-` _ (c) If the underlying~b` Two Family Uses ~ entrance oriented tc developments in ors multiple two-unit bu lot lines must be illy where the corner ur standards. This cor r lot tandard may only be waived if convincing evidence is submi ed that a configuration of the property or other existing physic condition o the lot makes the application of this standard imp ctical. If this st ndard is waived the units must be designed a d located in a man er that prevents monotony by varying aspects ch as facade detailin ,window pattern, building materials, and c r. zon is RS-5 or RS-8, the requirement that only Ilowed on corner lots with each main and different street applies in all planned t encourage a mix of residential uses. If i swill be located on a common lot, imaginary ed on the plan for purposes of determining w uld be located according to base zone (d) Garages and off-street parking ar as must be located and designed so that they do not dominate the st etscape according to the standards specified in sub-subparag aph 14-3A-4K-1 c(2). (3) Minimum lot area, lot width, lot frontage, an setbacks required in the underlying base zone may be reduced in or r to provide the opportunity for a variety of Single Family and Two Family welling types. However, any such modification to the underlying zoning requ~ ements must be noted on the plan and the development must comply with t e standards listed in subsection E of this section, Zoning Requirements. b. Multi-Family and Group Living Uses If Multi-Family or Group Living Uses are proposed, they must comply with the Multi-Family Site Development Standards set forth in Article 14-2B, Multi-Family Residential Zones. When located adjacent to single family and duplex structures, multi-family buildings should be of a scale, massing and architectural style that is Ordinance No. Page 3 compatible with adjacent lower density residential development. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. S VERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invali or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole r any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTI DATE. This Ordina ce shall be in effect after its final passage, approval and publication. Passed and approved this day of , 20 MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office city of Iowa city MEMORANDUM Date: October 9, 2009 To: Planning and Zoning Commission From: Karen Howard, Associate Planner RE: Clarification of provisions in Article 14-3A, Planned Development Overlay Zone In the planned development section of the code, we allow variation from the underlying base zone standards with regard to uses allowed. It is therefore necessary to provide minimum standards for all the various residential uses, because any planned development could contain a variety of residential types regardless of the underlying zone. Currently, we group Two-Family Uses (duplexes) with Multi-Family Uses and require that duplexes meet the Multi-Family Site Development Standards. This has created some problems, because some of the multi-family standards do not make sense or are impractical for most duplexes. In order to provide more reasonable and applicable standards for duplexes, staff recommends inserting a separate paragraph that addresses Two-Family Uses specifically. Since multiple duplexes are often located along the same street frontage in a planned development, which can result in monotony, there is one of the multi-family site development standards that should continue to apply for duplexes and attached single family, the minimum demarcation of building entrances. Secondly, it is often the case that a planned development involves multiple buildings on a common lot, with the intention of selling the dwelling units as condominiums. In such instances, it is not clear whether atwo-unit building should be considered aTwo-Family Use or Attached Single Family. Under the base zone, the side setbacks for a duplex (two units on one lot) are 5 feet. For attached single family dwellings, where each unit by definition sits on a separate lot, one of the 5-foot side setbacks is reduced to zero, while the other is increased from 5 to 10 feet. This difference creates an incentive for any applicant who wants to put multiple two-unit buildings on one common lot to state that the condominium buildings they are proposing should be considered duplexes rather than attached single family, because the required separation between buildings would be less. Since the planned development process is often used to achieve a higher number of dwelling units than what would be possible in the underlying zone, staff believes that the City should not encourage further crowding by allowing a reduced separation between buildings. Therefore, staff recommends that the ordinance be clarified to make the separation between buildings 20 feet when multiple two-unit buildings are proposed on a common lot. Another issue that needs to be clarified is whether the standard that two-family uses and attached single family dwellings only be allowed on corner lots in the RS-5 and RS-8 Zones can be waived. Technically, since this is not a dimensional standard, it cannot be waived through the planned development process as the ordinance is currently written. Since the planned development section is intended to provide flexibility for well-planned developments that provide a mix of dwelling types, it may be reasonable to allow this standard to be waived. However, the conditions under which such a waiver would be allowed need to be set forth in the ordinance, so that the planned development process is not merely used as a means to circumvent the base zone requirements. Page 2 Recommendation: Staff recommends that Article 14-3A, Planned Development Overlay be amended as indicated on the attached pages. Approved by: ~'~-_ Robert Miklo, Senior Planner, Department of Planning and Community Development In Article 14-3A, Planned Development Overlay, amend paragraphs 14-3A-4C-1 a. and b., as follows: Single Family and Two Family Uses (1) Unless modified as allowed in the €eNea~rit3g sub-subparagraph below, Attached and Detached Zero Lot Line Dwellings must comply with the Specific Approval Criteria for Attached and Detached Zero Lot Line Dwellings in the RS-12 Zone as set forth in Article 14-4B, Minor Modifications, Variances, Special Exceptions, and Provisional Uses. Townhouse-style condominiums must also meet these approval criteria. In addition, the following provisions apply: (a) Main entrances to dwelling_units must be clearly demarcated by one of the followina means: covered porch or canopy; transom and sidelight windows• pilasters and pediment; or other significant architectural treatment that emphasizes main entrances Simple trim around the doorway does not meet this standard. (b) If multiple townhouse-style condominium buildings are located on a common lot the buildings must be separated by a distance of at least 20 feet. (c) If the underlYina base zone is RS-5 or RS-8, the requirement that Attached Sinqle Famil~Dwellings are only allowed on corner lots with each main entrance oriented toward a different street applies in all planned developments in order to encourage a mix of residential uses. If multiple two-unit buildin_ys will be located on a common lot, imaginary lot lines must be illustrated on the plan for purposes of determining where the corner units would be located according to base zone standards This corner lot standard may only be waived if convincing evidence is submitted that the configuration of the property or other existingphvsical condition of the lot makes the application of this standard impractical. If this standard is waived the units must be designed and located in a manner that prevents monotony by varying aspects such as facade detailing window pattern building materials, and color. (2) Two Family Uses must comply with the standards for Two-Family Uses as set forth in Article 14-4B Minor Modifications, Variances, Special Exceptions and Provisional Uses. In addition, the followina provisions will apply: (a) Main entrances to dwelling units must be clearly demarcated bar one of the following means: covered porch or canopy; transom and sidelight windows; pilasters and pediment; or other significant architectural treatment that emphasizes main entrances Simple trim around the doorway does not meet this standard. (b) If multiple Two-Family buildings are located on a common lot, the buildings must be separated by a distance of at least 20 feet. (c) If the underlying base zone is RS-5 or RS-8 the requirement that Two Family Uses are only allowed on corner lots with each main entrance oriented toward a different street applies in all planned developments in order to encourage a mix of residential uses If multiple two-unit buildings will be located on a common lot imaginary lot lines must be illustrated on the plan for purposes of determining where the corner units would be located according to base zone standards. This corner lot standard may only be waived if convincing evidence is submitted that the configuration of the property or other existing physical condition of the lot makes the application of this standard impractical If this standard is waived the units must be designed and located in a manner that prevents monotony by varying aspects such as facade detailing, window pattern building materials, and color. (d) Garages and ofF-street parking areas must be located and des9ned so that they do not dominate the streetscape according to the standards specified in sub-subparagraph 14- 3A-4K-1c(2). (3) Minimum lot area, lot width, lot frontage, and setbacks required in the underlying base zone may be reduced in order to provide the opportunity for a variety of Single Family and Two Family dwelling types. However, any such modification to the underlying zoning requirements must be noted on the plan and the development must comply with the standards listed in subsection E of this section, Zoning Requirements. b, Multi-Family and Grouu Living Uses If Multi-Family, ~e-Farms; or Group Living Uses are proposed, they must comply with the Multi-Family Site Development Standards set forth in Article 14-2B, Multi-Family Residential Zones. When located adjacent to single family and duplex structures, multi-family buildings should be of a scale, massing and architectural style that is compatible with adjacent lower density residential development. Prepared by: Sarah Holecek, First Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. AN ORDINANCE AMENDING ARTICLE 14-76-7, "DEVELOPMENT FEES", TO SPECIFY THAT THE AMOUNT OF THE NEAR SOUTHSIDE NEIGHBORHOOD PARKING FACILITY DISTRICT IMPACT FEE SHALL BE ADJUSTED ANNUALLY BASED ON THE NATIONAL HISTORICAL COST INDEXES CONTAINED IN THE MOST RECENT EDITION OF THE ENGINEERING NEWS RECORD RATHER THAN THE MEANS SQUARE FOOT COSTS MANUAL AND TO HOLD ANY NEGATIVE CHANGES TO THE COST INDEX OF THE PRECEDING YEAR WHEREAS, Section 14-76-7F of the Iowa City Code specifies that the most recent edition of Means Square Foot Costs Manual, as amended, shall be used to estimate the adjusted annual parking facility impact fee; and WHEREAS, the Means Square Foot Costs Manual is not a reference that is acquired annually by the City of Iowa City; and WHEREAS, the Engineering News Record is an accepted reference tool, used by Iowa City's Public Works Department as a method to accurately estimate construction costs; and WHEREAS, the Engineering News Record is readily available and provides construction estimates and building estimates on-line; and WHEREAS, it is in the public interest to use a readily available reference tool to calculate and adjust estimates of parking facility capital improvement costs and to explicitly establish a minimum costs index. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. AMENDMENT. I. Title 14, entitled "Zoning Code" Chapter 7, entitled "Administration," Article B, entitled "Development Fees", Section 7, entitled "Computation of Fee Amount," Subsection F, entitled "Adjustment" is hereby amended by: a) repealing 14-76-7F in its entirely and replacing said subsection with the following: "To ensure accurate estimates of current parking facility capital improvement costs, the amount of the parking facility impact fee required by this Article shall be adjusted annually based on the national historical cost indexes contained in the most recent edition of Engineering News Record, as amended. In the event the national historical cost index is negative in any edition, the fee shall remain at the amount previously set under this subsection and shall not be adjusted downward." SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2009. MAYOR ATTEST: CITY CLERK f . ,e Ci Attorney's Offi j/ _!~ _ ~ ~ atUlega rah/ord/NSS parking fee ord amend909.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 Correia Hayek O'Donnell Wilburn Wright First Consideration 11 / 17 /2009 Vote forpaSSage:AYES: Wright, Bailey, Champion, Hayek, O'Donnell, Wilburn. NAYS: None. ABSENT: Correia. Second Consideration _ Vote for passage: Date published b~ COPY Prepared by: Sarah Holecek, First Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. AN ORDINANCE AMENDING A TICLE 14-7B-7, "DEVELOPMENT FEES", T SPECIFY THAT THE AMOUNT OF THE NEAR SOUTH DE NEIGHBORHOOD PARKING FACILITY DISTRICT IMPACT FEE SHALL BE ADJUSTED ANNUAL Y BASED ON THE NATIONAL HIST RICAL COST INDEXES CONTAINED IN THE MOST RECEN EDITION OF THE ENGINEERING NE RECORD RATHER THAN THE MEANS SQUARE FOOT COST MANUAL AND TO HOLD ANY NE ATIVE CHANGES TO THE COST INDEX OF THE PRECEDING YE R WHEREAS, Section 14-76-7F of the I wa City Code specifies that t e most recent edition of Means Square Foot Costs Manual, as amended, s all be used to estimate th adjusted annual parking facility impact fee; and WHEREAS, the Means Square Foot Cost Manual is not a City of Iowa City; and WHEREAS, the Engineering News Record i an accepted Works Department as a method to accurately esti ate construc WHEREAS, the Engineering News Record is adily avail and building estimates on-line; and that is acquired annually by the snce tool, used by Iowa City's Public :osts; and and provides construction estimates WHEREAS, it is in the public interest to use a re ily avail ble reference tool to calculate and adjust estimates of parking facility capital improvement costs d to a plicitly establish a minimum costs index. NOW, THEREFORE, BE IT ORDAINED BY THE ITY OUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. AMENDMENT. I. Title 14, entitled "Zoning Code" Chapter 7, entitled "A inistration," Article B, entitled "Development Fees", Section 7, entitled "Computation of Fee Amount S bsection F, entitled "Adjustment" is hereby amended by: a) repealing 14-76-7F in its entirely and replacing aid subsection with the following: "To ensure accurate estimates of current parking parking facility impact fee required by this Artic historical cost indexes contained in the most recen the event the national historical cost index is neg previously set under this subsection and shall no SECTION II. REPEALER. All ordinances a Ordinance are hereby repealed. f ility capita improvement costs, the amount of the I shall be adj sted annually based on the national edition of Engi Bring News Record, as amended. In tive in any editio the fee shall remain at the amount e adjusted downw rd." parts of ordinances 'n conflict with the provision of this SECTION III. SEVERABILITY. If any sect n, provision or part of th~ be invalid or unconstitutional, such adjudicati n shall not affect the validit any section, provision or part thereof not adj dged invalid or unconstitution SECTION IV. EFFECTIVE DATE. Thi Ordinance shall be in effect and publication, as provided by law. Passed and approved this day, MAYO R ATTEST: CITY CLERK ~ Approved by: `~~ ~_._~~,y~- l ,%~ .: ,~' .4~~,, .-.- ~ ~~'~ C~ty Attorney's O e -- i~`z-8 ~~ att/legal%sarah/ord/NSS parking fee ord amend909.doc Ordinance shall be adjudged to of the Ordinance as a whole or 2009. Prepared by: Sarah Holecek, First Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. AN ORDINANCE AMENDING ARTICLE 14-76-7, "DEVELOPMENT FEES", TO SPECIFY THAT THE AMOUNT OF THE NEAR SOUTHSIDE NEIGHBORHOOD PARKING FACILITY DISTRICT IMPACT FEE SHALL BE ADJUSTED ANNUALLY BASED ON THE NATIONAL HISTORICAL COST INDEXES CONTAINED IN THE MOST REC T EDITION OF THE ENGINEERING NEWS RECORD RATHER THAN THE MEANS SQUARE FOOT OSTS MANUAL AND TO HOLD ANY NEGATIVE CHANGES TO THE COST INDEX OF THE PRECEDIN YEAR WHEREAS, Section 14-7B-7F of the I wa City Code specifies that the most recent editi n of Means Square Foot Costs Manual, as amended, s all be used to estimate the adjusted annual rking facility impact fee; and WHEREAS, the Means Square Foot Costs anual is not a reference that is acquire annually by the City of Iowa City; and WHEREAS, the Engineering News Record is an accepted reference tool, used Iowa City's Public Works Department as a method to accurately esti to construction costs; and WHEREAS, the Engineering News Record is adily available and provides construction estimates and building estimates on-line; and WHEREAS, it is in the public interest to use a rea ily available reference ool to calculate and adjust estimates of parking facility capital improvement costs d to explicitly esta ~sh a minimum costs index. NOW, THEREFORE, BE IT ORDAINED BY THE ITY COUNCIL THE CITY OF IOWA CITY, IOWA: SECTION 1. AMENDMENT. I. Title 14, entitled "Zoning Code" Chapter 7, entitled "A inistr Ion," Article B, entitled "Development Fees", Section 7, entitled "Computation of Fee Amount," b ction F, entitled "Adjustment" is hereby amended by: a) repealing 14-7B-7F in its entirely and replacing said~ub~ection with the following: "To ensure accurate estimates of current parking facil~ capit I improvement costs, the amount of the parking facility impact fee required by this Article all be a justed annually based on the national historical cost indexes contained in the most recent dition of En ineering News Record, as amended. In the event the national historical cost index is neg ive in any edi ion, the fee shall remain at the amount previously set under this subsection and shall no be adjusted do ward." SECTION II. REPEALER. All ordinances d parts of ordinan es in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any s ction, provision or part be invalid or unconstitutional, such adjudi ation shall not affect the any section, provision or part thereof not adjudged invalid or uncon SECTION IV. EFFECTIVE DATE. his Ordinance shall be in and publication, as provided by law. Passed and approved this day of MAYOR ATTEST: CITY CLERK Approved by: City Attorney's Office atUlegal/sarahlord/NSS parking fee ord amend909.doc the Ordinance shall be adjudged to lidity of the Ordinance as a whole or utional. 'acfi altar itc final nassaae_ aooroval 2009. City of Iowa City MEMORANDUM Date: October 9, 2009 To: Planning and Zoning Commission From: Karen Howard, Associate Planner RE: Near Southside Parking Facility Impact Fee Subsection 14-7B-7 of the zoning ordinance specifies that the most recent edition of Means Square Foot Costs Manual, as amended, shall be used when annually adjusting the parking facility impact fee that applies in the Near Southside Parking Facility District. As the Means Square Foot Costs Manual is not a reference that is acquired annually by the City of Iowa and the Engineering News Record is a readily available and accepted reference tool used by Iowa City's Public Works Department for the estimation of construction costs, City staff recommend amending the ordinance to allow use of the Engineering News Record for the accurate estimation and adjustment of parking facility capital improvement costs upon which to base current and future parking facility impact fees. In addition, should there by any negative changes to the cost index in the preceding year, this ordinance holds all such fees at the rate established the preceding year. Staff recommends that subsection 14-7B-7 be amended as follows: F. Adjustment To ensure accurate estimates of current parking facility capital improvement costs, the amount of the parking facility impact fee required by this Article shall be adjusted annually based on the national historical cost indexes contained in the most recent edition of Engineering News Record, as amended. In the event the national historical cost index is negative in any edition the fee shall remain at the amount previously set under this subsection and shall not be adjusted downward. Approved by: ~~=-~ ~~ - Robert Miklo, Senior Planner, Department of Planning and Community Development Prepared by: Tim Hennes, Sr. Building Inspector, 410 E. Washington St., Iowa City, IA 52240; 319-356-5122 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 17, CHAPTER 1, BUILDING CODE, BY ADOPTING THE INTERNATIONAL BUILDING CODE, 2009 EDITION, AND THE INTERNATIONAL RESIDENTIAL CODE, INCLUDING APPENDIX F RADON CONTROL METHODS, 2009 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 2009 Edition of the International Building Code and International Residential Code as published by the International Code Council and to provide for certain amendments thereof; and to provide for the protection of the health, welfare and safety of the citizens of Iowa City, Iowa, and to provide for its enforcement. SECTION II. Sections 17-1, 17-2, 17-3 and 17-4 of the Iowa City Code are hereby repealed and the following new Sections 17-1, 17-2, 17-3 and 17-4 are enacted in lieu thereof. 17-1-1: Code Adopted: Subject to the following amendments, the 2009 edition of the International Building Code (IBC) and 2009 Edition of the International Residential Code (IRC) including Appendix F Radon Control Methods are hereby adopted and shall be known as the Iowa City Building Code or the Building Code. Interpretations of the Building Official may be guided by publications of the International Code Council, Inc. or the International Existing Building Code. 17-1-2: Interpretation of Building Code provisions: The provisions of this Code shall be held to be the minimum requirements adopted for the protection of the health, safety and welfare of the citizens of Iowa City. Any higher standards in the state statute or City ordinance shall be applicable. 17-1-3: Amendments to Code: The following sections of the 2009 edition of the International Building Code and 2009 edition of the International Residential Code are amended as follows: A. Section 101.1 of both the IBC and IRC. Delete Section 101.1 of both the IBC and IRC and insert in lieu thereof the following: 101.1 Title. These regulations shall be known as the Building Code of Iowa City, hereinafter referred to as "this code." B. Section 105.2 of both the IBC and IRC. Delete Section 105.2 of both the IBC and IRC and insert in lieu thereof the following: 105.2 Work Exempt from Permit. A permit shall not be required for the following: Building 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 144 square feet provided the structure is not located in a flood hazard area. 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. Ordinance No. Page 2 15. For structures regulated by the IRC reapplication of siding and windows provided: a. Window opening sizes are not altered and conforming rescue and escape windows are present in all sleeping rooms. 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. Electrical: 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 over-current device of the required ampacity and interrupt rating in the same location. 6. Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems. 7. Temporary wiring for experimental purposes in suitable experimental laboratories. 8. The wiring for temporary theater, motion picture or television stage sets. Gas: 1. Portable heating, cooking or clothes drying appliances. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 3. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. Mechanical: 1. Portable heating appliances. 2. Portable ventilation appliances. 3. Portable cooling units. 4. Steam, hot- or chilled-water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 6. Portable evaporative coolers. 7. Self-contained refrigeration systems containing 10 pounds (4.54 kg) or less of refrigerant or that are actuated by motors of 1 horsepower (746 W) or less. 8. Portable-fuel-cell appliances that are not connected to a fixed. piping system and are not interconnected to a power grid. 9. The replacement of fixed appliances provided however that the replacement appliance is in the same location and has a rating equal to or less than the appliance being replaced, and it is not necessary to remove, replace, alter, or install any additional ductwork or piping. Plumbing: 1. The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, suchwork shall be considered as newwork and a permit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. 3. The replacement or removal and reinstallation of any fixture or appliance, provided, however, that the fixture or appliance is installed at the same location and it is not necessary to remove, replace, alter, or install any piping. Exemption from the permit requirements of this Code shall not be deemed to grant authorization for any work to be done in violation of the provisions of the Code or any other laws or ordinances of this jurisdiction. Exemption from the permit requirements of this Code shall not be deemed to grant authorization for any work to be done in a manner in violation of the provisions of this Code or any other laws or ordinances of this jurisdiction. Ordinance No. Page 3 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 has a documented inspection every 6 months minimum and is completed within 24 months of the date on which the original permit was issued. D. Section 105.10 of both the IBC and IRC. Add two new Sections 105.10 and 105.10.1 to the IBC and R105.10 and R105.10.1 to the IRC as follows: 105.10 Demolition permits required. A demolition permit shall be required as follows: 1. For the removal of any building or structure. 2. For the removal of any portion of a building (i.e. porch, porch railing, decorative brackets and trim, dormers, chimneys, etc.) that is located within a Historic Preservation Overlay Zone or a Conservation District Overlay Zone, or is an Iowa City Historic Landmark. 105.10.1 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 the IRC and Section 108.3 of the IBC. Amend Section 107.3 of the IRC and Section 108.3 of the IBC as follows: 107.3 (IRC) 108.3 (IBC) Temporary Power: Replace the "NFPA 70" with "Iowa City Electrical Code". F. Section 108.2 of the IRC and Section 109.2 of the IBC. Delete Section 108.2 of the IRC and Section 109.2 of the IC and insert in lieu thereof the following: 108.2 (IRC) 109.2 (IBC) 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 the IRC and Section 109.3 of the IBC. Delete Section 108.3 of the IRC and Section 109.3 of the IBC and insert in lieu thereof the following: 108.3 (IRC) 109.3 (IBC) Plan Review Fees. When a plan or other data are required to be submitted by Section 106 and the value of the proposed building or work exceeds fifteen thousand dollars ($15,000), a plan review fee shall be paid before the permit may be issued. Should the project be abandoned and the permit not issued after the.plan review has been started, the plan review fee shall still be due and payable. The plan review fee shall be as set forth by resolution of City Council. Plan review fees are separate fees from the permit fee specified in Section 108.2 and are in addition to permit fees. H. Section 108.6 of the IRC and Section 109.4 of the IBC. Delete Section 108.6 of the IRC and Section 109.4 of the IBC and insert in lieu thereof the following: 108.6 (IRC) 109.4 (IBC) Work commencing before permit issuance: Any person who commences work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee equal to the amount of the permit fee if a permit were issued. This fee shall be collected whether or not a permit is issued. 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. Ordinance No. Page 4 J. Section 109.6 of the IBC: Delete Section 109.6 in the IBC and insert in lieu thereof the following: 109.6 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 1010.3.5 of the IBC. Delete Section 1010.3.5 in the IBC. L. Section 112 of the IRC and Section 113 of the IBC. Delete Section 112 of the IRC and Section 113 of the IBC and insert in lieu thereof the following: Section 112 of the IRC and Section 113 of the IBC Appeals: See Title 17 Chapter 12 Appeals in the City Code. M. Section 202 of both the IBC and IRC. Add new definition as follows: Family: See Section 14-9A Zoning Definitions in the City Code. N. Section 202 of both the IBC and IRC. Add new definition as follows: Emergency Communications Center. Shall mean the Iowa City Emergency Communications Center unless and until the operation of the Johnson County Joint Emergency Communications Center. O. 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. P. Section 202 of the IRC. Delete definition of Accessory Structure and insert in lieu thereof the following: ACCESSORY STRUCTURE. See Title 17 Chapter 9 Definitions in the City Code. Q. Table R301.2 (1) of the IRC Modify by inserting data in the table as follows: Ground Wind Seismic Subject to Damage From Snow Speed Design Frost Line Load (mph) Category Weathering Depth Termite 25 90 A Severe 42" Moderate Heavy Ice Flood H azards E Winter Shield Mean Design Underlay Firm Air Freeze Annual Temp. Required NFIP Maps Index Temp. -5° F Yes 5-22-77 2-16-07 2000 50° F R. Section R302.2 of the IRC. Modify by deleting the exception and adding a new exception to read as follows: Exception: A common 2-hour fire-resistance-rated wall assembly tested in accordance with ASTME 119 or UL 263 is permitted for townhouses if such walls do not contain plumbing or mechanical equipment, ducts or vents in the cavity of the common wall. The wall shalt be rated for fire exposure from both sides and shall extend to and be tight against exterior walls and the underside of the roof sheathing. Electrical installations shall be installed in accordance with Chapters 34 through 43. Penetrations of electrical outlet boxes shall be in accordance with Section R302.4. S. Section R302.2.4 of the IRC. Delete the 5"' exception and insert in lieu thereof the following: 5. Townhouses separated by a common 2-hour fire-resistance-rated wall as provided in Section R302.2. T. Section R305.1 of the IRC. Modify by adding a 3rd exception as follows: 3. 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. U. Section R310.1 of the IRC. Modify by deleting the exception and adding a new exception as follows: Exception: For emergency escape and rescue openings required for the remodeling or finishing of space in an existing basement, the maximum sill height may be measured from an elevated landing not less than 36 inches wide, not less than 18 inches out from the interior finish of the exterior wall and not more than 24 Ordinance No. Page 5 inches in height. The landing shall be permanently affixed to the floor below and the wall under the window it serves. V. Section R311.7.2. of the IRC. Modify by adding the number 1 to this exception and adding a second exception as follows: EXCEPTION 2: Structures that existed prior to 8/28/02 (adoption of the 2000 IRC) shall be allowed 6'- 6" headroom. W. Section R313 of the IRC: Modify by deleting Section R313 and inserting in lieu thereof the following: Section R313 Fire Protection Townhouses and One Family and Two Family Occupancies incorporating designed lightweight materials such as trusses or engineered lightweight material (including but not limited to wooden I-Beams, cold-form steel or light gauge bar joist trusses) in the structural floor or ceiling areas, shall protect the floors/ceilings areas with not less than '/z -inch gypsum board with joints taped and fastener heads treated on the underside of the floor/ceiling system. Exception: 1. If the underside of a floor system is a crawl space where no combustible materials are stored. 2. If the townhouse has an automatic residential fire sprinkler system designed and installed in accordance with Section P2904. 3. If the one family and two family occupancies has an automatic residential fire sprinkler systems shall be designed and installed in accordance with Section P2904 or NFPA 13D. X. Section R320.2 of the IRC. Add Section R320.2 in the IRC as follows: R320.2 Accessibility for projects other than those mentioned in Section R320.1. R 320.2.1 Scope. The provisions of this section are enacted to implement universal design features that provide accessibility, usability and visit-ability for all. R 320.2.2 Definition. Public funds shall mean funding or assistance from the City of Iowa City or any agent thereof through any of the following means: 1. a building contract or similar contractual agreement involving aCity-funded program or fund; 2. any real estate received by the owner through a subsidy, lease, or donation by the City or its agents; 3. preferential tax treatment, bond assistance, mortgage assistance, or similar financial advantages from the City or its agents; 4. disbursement of federal or state construction funds including a Community Development Block Grant; or 5. a City contract to provide funding or a financial benefit for housing. R320.2.3 Applicability. The amendment applies to new one- and two-family dwellings and is not required for new townhouses, or existing structures for repairs, alterations, change of occupancy or additions unless the square footage of the addition is more than 25% of the existing structure, then, the addition must comply. Exception: Applies to new townhouses constructed using public funds must. The minimum usability requirements are as follows: 1. Interior doors: At least one bedroom, one bathroom and all other passage doorway header widths, on the level served by the designed step-less entrance, must be framed to accommodate a minimum 38" clear rough opening. The framing for the doorway width opening may be reduced to accommodate any door size provided public funds are not used in which the minimum door clear opening shall be thirty-two inches (32") when the door is open ninety degrees (90 ), measured between the face of the door and the opposite stop. Note: A 34" door hung in the standard manner, provides an acceptable 32" opening. Exception: Doors serving closets twenty-four inches (24") or less in depth. 2. Switch and outlet requirements: All wall switches, controlling light fixtures, fans, all temperature control devices and all receptacles shall be located in an area between fifteen (15) and forty-eight (48) inches above finished floor. The height will be determined by measuring from the finished floor to the center of the device. When the control or receptacle placement is prohibited by the height of the window or design feature, alternative locations may be approved by the building official. 3. Electrical panel requirements: Electrical panels shall be located so that the individual circuit breakers are located between 15" and 54 "above the floor. 4. Sanitation facilities: There must be at least one bathroom containing a shower, water closel (toilet) and lavatory (sink) and either a shower, bathtub, or combination bath/tub located on the level of the dwelling to be accessed by a step-less entrance. The room must be designed in Ordinance No. Page 6 manner that will provide a minimum of thirty inches (30") by forty-eight inches (48") clear floor space at the water closet and lavatory. The clear floor space shall not be obstructed by a doorway swing; however, clear floor space at fixtures may overlap if sufficient maneuvering space is provided within the room for a person using a wheelchair or other mobility aid to enter and close the door, use the fixtures, reopen the door and exit. Doors may swing into the clear floor space provided at any fixture if the maneuvering space is provided. Maneuvering space may include any knee space or toe space available below bathroom fixtures. Exception: 1. If public funds are not used and a proposed bathroom design shows a shower, bathtub or combination tub/shower can be provided within the room or an adjoining room than the shower or bathtub is not required. 2. The building official may waive this requirement based on the determination that strict compliance is financially impractical. 5. Wall Reinforcement: A bathroom must be provided with wood blocking installed within wall framing to support grab bars as needed. The wood blocking, when measured to the center, will be located between thirty-three inches (33") and thirty-six inches (36") above the finished floor. The wood blocking must be located in all walls adjacent to and behind a toilet, shower, or bathtub. 6. Step-less Entrance: At least one building entrance must be designed, without encroaching into any required parking space, that complies with the Iowa City Building Code standard for an accessible entrance on an accessible route served by a ramp in accordance with section R311.8 or a no-step entrance. The accessible route must extend from a vehicular drop-off, or parking to a building entrance. The entry door must have a minimum net clear opening of thirty-two inches (32"). Note: Iowa City code only requires one parking space for single family dwellings Exceptions: 1. If public funds are used the step-less entrance must be provided. 2. The building official may waive this requirement based upon the determination that strict compliance is financially or environmentally impractical. Split-level and townhouse style homes may be exempted. 7. Garages: Must be wired for power operated overhead doors. 8. Decks: All exterior decks and patios surfaces adjacent to the level served by the designed step-less entrance must be built within four inches (4") of the dwellings finish floor level or top of threshold whichever is higher. Y. Section R322 of the IRC. Delete section R322 of the IRC and insert in lieu thereof the following: Section R322. See Title 14 Chapter 5J Flood Plain Management Standards in the City Code. Z. Section R403.1.4.1 of the IRC. Modify by deleting all exceptions and inserting in lieu thereof the following: Exceptions: 1. One story detached accessory buildings of wood or steel frame construction not used for human occupancy and not exceeding one thousand (1,000) square feet in floor area may be constructed using slab on grade construction as follows. The slab shall be three and one half inches thick, poured monolithically with thickened perimeter footings extending twelve inches (12") below finish grade and be sixteen inches (16") wide at the base. The top of the foundation shall not be less than six inches (6") above finish grade. Reinforcement of the slab, including the thickened portion, shall be minimum 6x6-10/10 welded wire mesh, #4 deformed reinforcing bars at twenty four inches (24") on center each way or fiber mesh reinforced concrete. 2. One-story wood or metal frame building not used for human occupancy and not over 200 square feet in floor area may be constructed with walls supported on a wood foundation plate or "skids" when approved by the building official. 3. Decks not supported by a dwelling need not be provided with footings that extend below the frost line. AA. Section R404.1.2 of the IRC. Modify Section R404.1.2 by adding a second paragraph as follows: Wall thickness may be reduced to eight inches (8") if a minimum of three (3) one-half inch diameter deformed ASTM A615 grade 40 steel bars are placed horizontally at the center of the wall thickness with one bar located within 14" of the top, one bar within 14" of the bottom and one bar located within 14" of the mid-height of the wall provided the wall height does not exceed eight feet (8'). Ordinance No. Page 7 BB. Section R404.1.3 of the IRC. Modify by adding an exception after number 2 as follows: EXCEPTION: Foundation walls with unbalanced lateral forces created by finish grade, i.e. walkout basements which are exempt from the Iowa Architectural Act shall be designed by a licensed structural engineer or constructed in accordance with the table and diagrams as follows: KEY: C.B. =Corner Bars S =Span Wall T =Thickness e ~. 1 I ~' ~ i , , I ~ i ~ I ~ M I i ~ o I I ~ ~ I C I ~ , I C6 ~ ~ _ "_ _ ...+ ~ i ~___ T I ~ '~ 8 & 12 Foundation Walls l' I Provide corner bars to match ~ horizontal foundation wall i reinforcing into span wall 2'-0" 1 ~B (S) Span (T) Wall Thickness Horiz. Reinf.Z C 10' or less 8" #4 @ 12" 10' to 12' 8" #5 @ 12" 2'-6" 12' to 14' 8" #6 @ 12" 3'-0" 14'to 16' 12" #5 @ 12" 2'-6" 16' to 18' 12" #6 @ 14" 3'-0' 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 ('/~) of two adjoining spansl. ~ I Frost Wall & Footin ~ FOUNDATION PLAN: LOWER LEVEL WALKOUT S 1 ~.~1 I ----~ I I I I Provide corner bars to match ~ I I horizontal foundation wall) I I reinforcing into span wall 2'-0" L I I orner Bar (CB)'•Z ~ I I 2'-0" Ordinance No. Page 8 of ng Ordinance No. Page 9 CC. Section 501.2 of the IBC. Modify by inserting the following after the second sentence: From 100-199 feet from the street the number shall be a minimum of 6 inches high with a minimum stroke of 0.5 inches. From 200-299 feet from the street the numbers shall be a minimum 8 inches high with a minimum stroke of 0.5 inches. For each additional 100 feet from the street, the number shall increase by an additional 2 inches in height. Measurements to determine the minimum number size shall be measured from the approved address location to the center line of the street for which the premises is addressed. DD. Section R612.2 of the IRC. Delete Section R612.2 of the IRC. EE. Section R703.2 of the IRC. Modify by deleting the exception in its entirety. FF. Section 709.1 of the IBC. Modify by adding an additional numbered sentence as follows: 6. Walls separating dwelling units from other occupancies in the same building. GG. Section R807.1 of the IRC. Modify by adding a third paragraph as follows: The opening shall not be located in a closet, bathroom, mechanical room, laundry room, or similar room or location. HH. Section 903.2.1.2 of the IBC. Delete section 903.2.1.2 and insert in lieu thereof the following: 903.2.1.2 Group A-2 A. New Group A-2 Occupancies. An automatic sprinkler system shall be provided if one of the following conditions exist: 1) The fire area exceeds 5,000 square feet; or 2) The fire area has an occupant load of 100 or more; or 3) The fire area is located on a floor other than the level of exit discharge. B. Existin Group A-2 Occupancies and Group B Occupancies that existed prior to August 1, 2007. An automatic sprinkler system shall be provided throughout the A-2 occupancy if one of the following conditions exists: 1) The A-2 occupancy has an occupant load of 299 or more and has an ABDL shall comply by October 1, 2010. Exemption: Single business occupancies in single story nonabutting buildings; or 2) The A-2 occupancy has an occupant load of 50-298 and is located on a floor other than the level of exit discharge and has an ABDL shall comply by July 1, 2013; or 3) Group B Occupancies located on a floor other than the level of exit discharge and which have an ABDL shall comply by July 1, 2013; or 4) Group A-2 Occupancies with an occupancy load of 100 or more that have an ABDL and are not regulated in 61 or B2 above, provided: There is a change in business ownership, defined as the sale, transfer, or assignment of any legal or equitable ownership interest, except that the owner may show to the building official's satisfaction that said change in ownership is one of form and not substance. Exemption: Single business occupancies in single story non-abutting buildings. II. Section 903.2.1.6 of the IBC. Add a new Section 903.2.1.6 as follows: Section 903.2.1.6. An automatic sprinkler system shall be provided throughout buildings and portions thereof used as new Group B occupancies with an ABDL or existing group B occupancy with a new (not a renewal) ABDL located on a floor other than the level of exit discharge. The automatic sprinkler system shall be provided throughout the floor area where the new Group B occupancy with an ABDL or where the group B occupancy with a new ABDL is located, and in all floors between the Group B occupancy and the level of exit discharge. JJ. Section 903.2.2 of the IBC. Delete Section 903.2.2 of the IBC and replace with: 903.2.2 Group B ambulatory health care facilities. An automatic sprinkler system shall be installed throughout all fire areas containing a Group B ambulatory health care facility occupancy. KK. Section 903.3.5.3 of the IBC. Add a new Section 903.3.5.3 in the IBC to read as follows: 903.3.5.3 Water supply safety margin. Provide a minimum 10%, but not less than 5 psi, safety margin above static pressure in the fire protection system hydraulic calculation. LL. Section 903.4.2 of the IBC. Delete Section 903.4.2 of the IBC and replace with: 903.4.2. Alarms. An approved weatherproof horn/strobe device shall be mounted directly above the fire department connection between seven (7) and ten (10) feet in height above grade. The water-flow alarm device shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size Ordinance No. Page 10 installed in the system. Approved and supervised audible visual notification appliances shall be installed on each level of the interior of the building as required by the fire code official and NFPA 72. MM. Section 903.6 of the IBC. Add a new Section 903.6 to the IBC to read as follows: 903.6 Zones. Automatic sprinkler system zones shall not exceed the area permitted by NFPA 13 or NFPA 13R and shall provide a sprinkler control valve and water flow device for each normally occupied floor. NN. Section 906.1 of the IBC. Delete the exception without substitution. 00. Section 906.3 of the IBC. Add a sentence to the end of the section to read as follows: The minimum size and rating of any required portable fire extinguisher for Class A, Class B, or Class C hazard shall be 51b. 2-A, 10-B C. PP. Section 907.2 of the IBC. Delete the section and replace with: 907.2 Where required-new buildings and structures. An approved and addressable fire alarm system installed in accordance with the provisions of this code and NFPA 72 shall be provided in new buildings and structures in accordance with Sections 907.2.1 through 907.2.23 and provide occupant notification in accordance with 907.6, unless other requirements are provided by another section of this code. A minimum of one manual fire alarm box shall be provided in an approved location to initiate a fire alarm signal for fire alarm systems employing automatic fire detectors or water-flow detection devices. Where other sections of this code allow elimination of fire alarm boxes due to sprinklers, a single fire alarm box shall be installed. EXCEPTION: 1. The manual fire alarm box is not required for fire alarm systems dedicated to elevator recall control and supervisory service. QQ. Section 907.2.1 of the IBC. Delete the "exception" in Section 907.2.1 in its entirety and insert in lieu thereof the following exceptions: EXCEPTION: 1) Except for Group A-2 occupancies with occupant loads of 200 or more, manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system and the alarm notification appliances will activate upon sprinkler water flow. 2) Group A-2. An automatic/manual fire alarm system shall be installed in Group A-2 occupancies with and occupant load of 200 or more. Activation of the fire alarm shall additionally cause: a. Illumination of the protected premises to not less than 10 foot-candles over the area of the room at a height of 30 inches above the floor; and b. All conflicting or confusing sounds and visual distraction to automatically stop. RR. Section 907.2.3 of the IBC. Modify by adding a sentence to the end of the first paragraph as follows: New and existing educational occupancies shall have a monitored fire alarm system. SS. Section 907.2.3 of the IBC. Modify by adding a 4th exception as follows: 4. Day care occupancies classified as Group E Occupancy shall not require a monitored fire alarm system unless required elsewhere in the code. TT. Section 907.2.11.2 of the IBC. Modify by adding a fourth location requirement as follows: 4. Supervised smoke alarms shall be installed in all common corridors and at the top and bottom of all stairway enclosures in Groups R-2, R-4 and I-1 occupancies. In corridors, detectors shall be located within fifteen (15) feet of the end of the corridor and in such a way that one detector is located for each thirty (30) feet of corridor length or spaced as allowed by the code. UU. Section 907.4.2 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. W. Section 907.6.3 of the IBC. Modify by deleting the exception and inserting in lieu thereof the following exception: Exception: Automatic sprinkler system zones shall not exceed the area permitted by NFPA 13 and shall provide a sprinkler control valve and waterflow device for each normally occupied floor. WW. Section 907.6.3.3 of the IBC. Add a section to read as follows: Section 907.6.3.3 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. Ordinance No. Page 11 XX. Section 907.6.5 of the IBC. Modify Section 907.6.5 by adding two sentences to the end as follows: Each address point identification, shall have an alpha/numeric descriptor location. Alphanumeric descriptor locations are required to be reported to the Emergency Communications Center upon activation of supervisory and/or alarm conditions as specified by the fire code official. YY. Section 910.1 of the IBC. Delete exception 2 without substitution. ZZ. Section 910.3.2.2 of the IBC. Delete Section 910.3.2.2 and replace with: 910.3.2.2 Sprinklered buildings. Where installed in buildings provided with an approved automatic sprinkler system, smoke and heat vents shall be designed to operate automatically by actuation of a heat- responsive device rated at least 100 degrees F (38 degrees C) above the operating temperature of the sprinkler. Exception: Gravity-operated drop-out vents complying with Section 910.3.2.1. AAA. Section 910.4.3 of the IBC. Delete section 910.4.3 in its entirety and replace with: 910.4.3 Operation. Mechanical smoke exhaust fans shall be automatically activated by heat detectors having operating characteristics equivalent to those described in Section 910.3.2. Individual manual controls for each fan unit shall also be provided. BBB. Section 912.6 of the IBC. Add a new section 912.6 to the IBC to read as follows: 912.6 Size. Minimum fire department connection size shall be 2'/2 inch National Standard Thread. CCC. Section 912.7 of the IBC. Add a new section 912.7 to the IBC to read as follows: 912.7 Water supply. Fire department connections shall be located not more than 100 feet from a hydrant and both the fire department connection and hydrant shall be located on the same side of the fire department access or as approved by the fire code official. INSERT "wiggle room" language. DDD. Section 1009.2 of the IBC. Modify by adding a third exception as follows: EXCEPTION: 3. Stairs within individual dwelling units of Residential Group R occupancies that existed prior to 8128/02 (adoption of the 2000 IRC) are permitted a 78-inch headroom clearance. EEE. Section 1022.3 of the IBC. Modify Section 1022.3 by adding a fourth 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. FFF. Section 1028.2 of the IBC. Modify by deleting the exception and adding two new exceptions as follows: EXCEPTION: 1) Except for Group A-2, in assembly occupancies where there is no well-defined main exit or where multiple main exits are provided, exits shall be permitted to be distributed around the perimeter of the building provided that the total width of egress is not less than 100 percent of the required width. 2) The main entrance/exit of A-2 occupancies shall be of a width that accommodates not less than two-thirds of the total occupant load. GGG.. Section 1029.1 of the IBC. Modify by deleting the exceptions and inserting in lieu thereof the following: EXCEPTIONS: 1. The emergency escape and rescue opening is permitted to open onto a balcony within an atrium in accordance with the requirements of Section 404 provided the balcony provides access to an exit and the dwelling unit or sleeping room has a means of egress that is not open to the atrium. 2. High-rise buildings in accordance with Section 403. 3. Emergency escape and rescue openings are not required from basements or sleeping rooms that have an exit door or exit access door that opens directly into a public way or to a yard, court or exterior exit balcony that opens to a public way. HHH. Section 1029.1.1 of the IBC. Add a new Section 1029.1.1 in the IBC as follows: 1026.1.1 Location. The emergency escape and rescue opening in anon-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. Ordinance No. Page 12 III. Section 1029.3 of the IBC. Modify by adding an exception as follows: EXCEPTION: For emergency escape and rescue openings required for the remodeling or finishing of space in an existing basement, the maximum sill height may be measured from an elevated landing not less than 36 inches wide, not less than 18 inches out from the interior finish of the exterior wall and not more than 24 inches in height. The landing shall be permanently affixed to the floor below and the wall under the window it serves. JJJ. Section 1029.4 of the IBC. Delete Section 1029.4 and insert in lieu thereof the following: 1029.4 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 1029.2 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 907.2.11 regardless of the valuation of the alteration. KKK. Section 1029.6 of the IBC. Add a new Section 1029.6 to the IBC to read as follows: Section 1026.6. Emergency escape windows under decks and porches. Emergency escape windows are allowed to be installed under decks and porches provided the location of the deck allows the emergency escape window to be fully opened and provides a path not less than 36 inches in height to a yard or court. LLL. Chapter 11 of the IRC. Delete Chapter 11 in its entirety and insert in lieu thereof the following: Chapter 11 Energy Efficiency, Section N1101. Energy efficiency for the design and construction of building regulated by this code shall be as required by 661-303 of the Iowa State Administrative Code. MMM. Chapter 11 of the IBC. Delete Chapter 11 in its entirety and insert in lieu thereof the following: Chapter 11 Accessibility, Section 1101. Buildings or portions of buildings shall be accessible to persons with disabilities as required by 661-302 of the Iowa State Administrative Code. NNN. Section 1209.2 of the IBC. Modify by adding a second unnumbered paragraph as follows: 1209.2 Attic spaces. 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. 000. Chapter 13 of the IBC. Delete Chapter 13 in its entirety and insert in lieu thereof the following: Chapter 13 Energy Efficiency, Section 1301. Energy efficiency for the design and construction of building regulated by this code shall be as required by 661-303 of the Iowa State Administrative Code. PPP. Section 1403.5 and 1403.6 of the IBC. Delete Sections 1403.5 and 1403.6 of the IBC and insert in lieu thereof the following: Section 1403.5. See Title 14, Chapter 5, Article J Flood Plain Management Standards in the City Code. QOQ. Section 1405.13.2 of the IBC. Delete Section 1405.13.2 of the IBC. RRR. Section 1612 of the IBC. Delete Section 1612 of the IBC and insert in lieu thereof the following: Section 1612. See Title 14, Chapter 5 Article J Flood Plain Management Standards in the City Code. SSS. Section G2406 2 (303.3) Prohibited locations of the IRC. Modify by deleting exceptions 3 and 4. TTT. Section G2415 1 (404.1) Prohibited locations of the IRC. Modify by deleting the last sentence. UUU. Part VII Plumbing Chapters 25 through 33 inclusive of the IRC. Delete Part VII Plumbing Chapters 25 through 33 inclusive of the IRC and insert the following: Part VII Plumbing, Chapter 25 Section P2501 GENERAL P2501.1 Scope. Plumbing systems shall comply with Title 17, Chapter 2, of the Iowa City Code. VW. Chapter 27 of the IBC. Delete Chapter 27 of the IBC and insert the following: Chapter 27 Electrical Section 2701.1 Scope. Electrical systems shall comply with Title 17, Chapter 3, of the Iowa City Code. WWW. Chapter 29 of the IBC. Delete Chapter 29 of the IBC and insert the following: Ordinance No. Page 13 Chapter 29 Plumbing Systems Section 2901.1 Scope. Plumbing systems shall comply with Title 17, Chapter 2, of the Iowa City Code. XXX. Section 3002.4 of the IBC: Delete Section 3002.4 of the IBC and insert in lieu thereof the following: 3002.4 Elevator car to accommodate ambulance stretcher. In buildings four or more stories above, or four or more stories below, grade plane, at least one elevator shall be provided for fire department emergency access to all floors. The elevator car shall be of such a size and arrangement to accommodate an ambulance stretcher 23 inches by 84 inches (610 mm by 2134 mm) with not less than 5-inch (127 mm) radius corners, in the horizontal, open position and shall be identified by the international symbol for emergency medical services (star of life). The symbol shall not be less than 3 inches (76 mm) high and shall be placed inside on both sides of the hoistway door frame. YYY. Part VIII Electrical Chapters 34 through 43 inclusive of the IRC. Delete Part VIII Electrical Chapters 34 through 43 inclusive of the IRC and insert the following: Part VIII Electrical, Chapter 34 Section E3301 GENERAL E3401.1 Applicability. Electrical systems shall comply with Title 17, Chapter 3, of the Iowa City Code. ZZZ. Section 3412.2 of the IBC. Delete the first sentence of Section 3412.2 and insert in lieu thereof the following: 3412.2 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 3409. 17-1-4: Penalties for violations: Violation of this chapter shall be a municipal infraction punishable by a penalty as provided for in subsection 1-4-2D of the City Code. SECTION III. EFFECTIVE DATE. This Ordinance shall be in effect January 1, 2010, after final passage, approval and publication as provided by law. Passed and approved this day of , 20 MAYOR ATTEST: CITY CLERK Approved by ~~~~~-, 4 ~~~ 7~~a t ~ ~ ~~ ` G City Attorney's Office hisbdglord/2009bldgcode amend/2009 IBC IRC visitability.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 Correia Hayek O'Donnell Wilburn Wright First Consideration 11 / 17 / 2009 Vote for passage: AYES: Champion, Hayek, O'Donnell, Wilburn, Wright, Bailey. NAYS: None. ABSENT: Correia. Second Consideration Vote for passage: Date published Prepared by: Tim Hennes, Sr. Building Inspector, 410 E. Washington St., Iowa City, IA 52240; 319-356-5122 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 17, CHAPTER 1, BUILDING CODE, BY ADOPTING THE INTERNATIONAL BUILDING CODE, 2009 EDITION, AND THE INTERNATIONAL RESIDENTIAL CODE, INCLUDING APPENDIX F RADON CONTROL METHODS, 2009 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 ORDAIN BY THE CITY COUNCIL OF THE CITY OF IOWA CI ,IOWA: SECTION I. PUR SE. The purpose of this ordinance is to adopt the 2 09 Edition of the International Building Code and International sidential Code as published by the International ode Council and to provide for certain amendments thereof; and provide for the protection of the health, welfa a and safety of the citizens of Iowa City, Iowa, and to provide for its a orcement. SECTION II. Sections 17- 17-2, 17-3 and 17-4 of the Iowa City C de are hereby repealed and the following new Sections 17-1, 17-2, 17-3 an 17-4 are enacted in lieu thereof. 17-1-1: Code Adopted: Subj t to the following amendments, t e 2009 edition of the International Building Code (IBC) and 2009 Edition of th International Residential Code (IRC) including Appendix F Radon Control Methods are hereby adopted and s all be known as the Iowa City Building Code or the Building Code. Interpretations of the Building Official m be guided by publication of the International Code Council, Inc. or the International Existing Building Code. 17-1-2: Interpretation of Building Co a provisions: The rovisions of this Code shall be held to be the minimum requirements adopted for the protec 'on of the health, s fety and welfare of the citizens of Iowa City. Any higher standards in the state statute or City ordin nce shall be ap licable. 17-1-3: Amendments to Code: The followin sections of a 2009 edition of the International Building Code and 2009 edition of the International Residential Co are ame ed as follows: A. Section 101.1 of both the IBC and IRC. Delete Se tion 101.1 of both the IBC and IRC and insert in lieu thereof the following: ~ ' 101.1 Title. These regulations shall be known t Building Code of Iowa City, hereinafter referred to as "this code." ~"` B. Section 105.2 of both the IBC and IRC. Delete Section 10 2 of both the IBC and IRC and inSert,in liglu;~thereo~ the following: V 105.2 Work Exempt from Permit. A permit sha not be quired for the following: ~ ,..Y. Building `~" ` ~ "~- 1. One-story detached accessory structure used as to and storage sheds, playhrt~ases ant similar uses, provided the floor area does of exceed 14 square feet provided the structi~g is not located in a flood hazard area. 2. Fences not over 6 feet (1829 mm) hig . 3. Oil derricks 4. Retaining walls which are not over feet (1219 mm) in hei t measured from the bottom of the footing to the top of the wall, unless supporting a urcharge or impounding C ss I, II or III-A liquids. 5. Water tanks supported directly on rade if the capacity does no exceed 5,000 gallons (18 925 L) and the ratio of height to diameter or wi th does not exceed 2 to 1. 6. Sidewalks and driveways not re than 30 inches (762 mm) a ove grade and not over any basement or story below and which are not pa of an accessible route. 7. Painting, papering, tiling, carpeti g, cabinets, counter tops and similar fi ~ h work. 8. Temporary motion picture, telev' ion and theater stage sets and scenery. 9. Prefabricated swimming pools hich are less than 24 inches deep, do note ceed 5,000 gallons and are installed entirely above ground. 10. Shade cloth structures con ructed for nursery or agricultural purposes and of including service systems. 11. Swings and other playgro d equipment accessory to detached one- and two-family dwellings. 12. Window awnings suppo ed by an exterior wall which do not project more than 54 inches (1372 mm) from the exterior wall an 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. Ordinance No. Page 2 15. For structures regulated by the IRC reapplication of siding and windows provided: a. Window opening sizes are not altered and conforming rescue and escape windows are present in all sleeping rooms. 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. Electrical: 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 locatio . 3. Temporary decorative lighti 4. Repair or replacement of cu rent-carrying parts of any switch, contactor, control device or contact device of the same type and/or ra ' g. 5. Replacement of any over-curve device of the required ampacity and interrupt rating in the same location. 6. Repair or replacement of electrode or transformers of the same size and capacity for signs or gas tube systems. 7. Temporary wiring for experimental purp ses in suitable experimental laboratories. 8. The wiring for temporary theater, motion icture or television stage sets. Gas: ~~Portable heating, cooking or clothes drying ppliances. ~:,4Repla~ment of any minor part that does t alter approval of equ' ent or make such equipment t~safe: r ~~ "' ~--; Por~t~kale-fuel-cell appliances that are not onnected to fixed piping system and are not ~"`~W` ir~rcoiti~e~ted to a ower rid. tr.^ p 9 ` f~lachanit/al: ~4:_; 1.~Portable'heating appliances. A., ~PortatTle-"ventilation appliances. 3: Portable•'cooling units. 4`-Steam, Yet- or chilled-water piping within a heating cooling equipment regulated by this code. 5` Replacement of any minor part that do not alter ap royal of equipment or make such equipment unsafe. 6. Portable evaporative coolers. 7. Self-contained refrigeration syst s containing 10 pound (4.54 kg) or less of refrigerant or that are actuated by motors of 1 horsepo r (746 W) or less. 8. Portable-fuel-cell app/ianc that are not connected to a fixed piping system and are not interconnected to a power gri . 9. The replacement of fixed ppliances provided however that th replacement appliance is in the same location and has a rating qual to or less than the appliance bein replaced, and it is not necessary to remove, replace, alter, or nstall any additional ductwork or piping. Plumbing: 1. The stopping of leaks in drains, water, soil, waste or vent pip ;provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, suchwork shall be considered as newwork and a permit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. 3. The replacement or removal and reinstallation of any fixture or appliance, provided, however, that the fixture or appliance is installed at the same location and. it is not necessary to remove, replace, alter, or install any piping. Exemption from the permit requirements of this Code shall not be deemed to grant authorization for any work to be done in violation of the provisions of the Code or any other laws or ordinances of this jurisdiction. Exemption from the permit requirements of this Code shall not be deemed to grant authorization for any work to be done in a manner in violation of the provisions of this Code or any other laws or ordinances of this jurisdiction. Ordinance No. Page 3 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 has a documented inspection every 6 months minimum and is completed within 24 months of the date on which the original permit was issuecf~ D. Section 105.10 of bot the IBC and IRC. Add two new Sections 105.10 and 105.10.1 to the IBC and R105.10 and R105.10.1 to the IRC s follows: 105.10 Demolitio .permits required. A demolition permit shall be required as follows: 1. For the remdual of any building or structure. 2. For the remo I of any portion of a building (i.e. porch, porch railing, decorative brackets and trim, dormers, chimneys, etc.) that.located within a Historic Preservation Overlay Zone or a Conservation District Overlay Zone, or is an Iowa City W;storic Landmark. 105.10.1 Requirements., The applicant for any de olition permit shall state on the application the proposed disposal plans for all de olition materials. No demo tion permit shall be issued until seven (7) working days after the date an applications been properly filed a said demolition permit shall not be effective until applicant has posted the premises to a demolished with a n tice to be provided by the City and as directed by the City; provided, however, that accesso buildings as defin d in the Iowa City Zoning Ordinance and having no historic significance and dangerous buildi gs shall be exe t from said notice and waiting requirement. E. Section 107.3 of the IRC and Section 1 .3 of the I .Amend Section 107.3 of the IRC and Section 108.3 of the IBC as follows: 107.3 (IRC) 108.3 (IBC) Temporary ower. Replace the "NFPA 70" with "Iowa City Electrical Code". F. Section 108.2 of the IRC and Section 109.2 of IBC. Delete Section 108.2 of the IRC and Section 109.2 of the IC and insert in lieu thereof the following: 108.2 (IRC) 109.2 (IBC) Permit Fees nd aluations. The fee for any permit shall be as set forth in the building permit fee schedule as established by r soluti of the City Council. The determination of value or valuation under any of the provisions of this Code shall a made y the Building Official. The value to be used in computing the building permit and building plan review fe s shall be a total value of all construction work for which the permit is issued, as well as all finish work, painti g, roofing, ~te grading, paving, landscaping, elevators, and other permanent equipment. The value to be use in computing he value of construction for reports shall be the total value of all construction work for which the permit is issued, swell as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, site gr ing, paving, landsc ing, elevators, fire extinguisher systems and other. permanent equipment. G. Section 108.3 of the IRC and Section 09.3 of the IBC. Delete S ction 108.3 of the IRC and Section 109.3 of the IBC and insert in lieu thereof the followi i 108.3 (IRC) 109,3 (IBC) Pla Review Fees. When a plan o other data are required to be subm#ted by~~ Section 106 and the value of the pr osed building or work exceeds fifteen thousand dollars ($15,000),; a placi,,, review fee shall be paid before the ermit may be issued. Should the oject be abandoned and the p~rrrlit not= issued after the plan review has be n started, the plan review fee shall s ' I be due and payable. The pt~n'reviem% fee shall be as set forth by resol ion of City Council. Plan review fees a separate fees from the permit fees specified in Section 108.2 and ar in addition to permit fees. `'~ H. Section 108.6 of the IRC an Section 109.4 of the IBC. Delete Section 108. of the IRC and Section 109.4 of the IBC and insert in lieu there f the following: 108.6 (IRC) 109.4 IBC) Work commencing before permit issuance: ny person who commences work on a building, structur, ,electrical, gas, mechanical or plumbing system be re obtaining the necessary permits shall be subject to a fee equal to the amount of the permit fee if a permit we a issued. This fee shall be collected whether or not a permit is issued. The payment of such fee shall not xempt any person from compliance with all other provisions of this Code or from any penalty prescribed by law. my 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. Ordinance No. Page 4 J. Section 109.6 of the IBC: Delete Section 109.6 in the IBC and insert in lieu thereof the following: 109.6 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 1010.3.5 of the IB(C~. Delete Section 1010.3.5 in the IBC. L. Section 112 of the IRC a~ Section 113 of the IBC. Delete Section 112 of the IRC and Section 113 of the IBC and insert in lieu thereof the f lowing: Section 112 of the I C and Section 113 of the IBC Appeals: See Title 17 Chapter 12 Appeals in the City Code. M. Section 202 of both the IBC anh IRC. Add new definition as follows: Family: See Section 14- Zoning Definitions in the City Code. N. Section 202 of both the IBC and IR .Add new definition as follows: Emergency Communications enter. Shall mean the Iowa City Emergency Communications Center unless and until the operation of the Joh on County Joint Emergency Communications Center. O. Section 202 of the IBC and IRC. Modify efinitions as follows: Habitable space: Add a sentence to the end of the definition of habitable space or room to r d as follows: Basement areas finished t egr to encourage their use as anything other than storage or me anical rooms shall be considered stable space. P. Section 202 of the IRC. Delete definition of Aci ACCESSORY STRUCTURE. See Title >ory Structure and i rt in lieu thereof the following: Chapter 9 Defi ons in the City Code. Q. Table R301.2 (1) of the IRC Modify by inserting the,ta6ie as follows: Ground Wind Seismic b~ ct to Damage From Snow Speed Design Fr t Line Load mph) Category We Bring D th Termite 25 90 A Severe 4 Moderate Heavy Ice ood Hazards Winter Shield Me n c Design Underl Firm Air Freeze Ann I Temp. Req 'red NFIP Maps Index Tem -5° F Yes 5-22-77 2-16-07 2000 50° F R. Section R302.2 of the IRC. Modify by deleting the exception and add g a new exception to read as follows: Exception: A common 2-hour fire-resistance-rated wall assembly teste in accordance with ASTME 119 or UL 26~~~is permitted for townhouses if such walls do not contain plumbing o mechanical equipment, ducts or vents in i~ie cavit~~of the common wall. The wall shall be rated for fire exposu from both sides and shall extend to and~e tight~gainst exterior walls and the underside of the roof sheathing. ~=° Electrical=installations shall be installed in accordance with Chapters 34 through 43. Penetrations of electrical outlet boxedshall be in accordance with Section R302.4. rr~ ` S. Section, R302.2.4 of the IRC. Delete the 5`h exception and insert in lieu thereof the following: f Q4M 5. 7~~vnhottses separated by a common 2-hour fire-resistance-rated wall as provided in Section R302.2. T. etion R~~15.1 of the IRC. Modify by adding a 3~d exception as follows: `` 3. 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. U. Section R310.1 of the IRC. Modify by deleting the exception and adding a new exception as follows: Exception: For emergency escape and rescue openings required for the remodeling or finishing of space in an existing basement, the maximum sill height may be measured from an elevated landing not less than 36 inches wide, not less than 18 inches out from the interior finish of the exterior wall and not more than 24 Ordinance No. Page 5 inches in height. The landing shall be permanently affixed to the floor below and the wall under the window it serves. V. Section R311.7.2. of the IRC. Modify by adding the number 1 to this exception and adding a second exception as follows: EXCEPTIO 2: Structures that existed prior to 8/28/02 (adoption of the 2000 IRC) shall be allowed 6'- 6" headroom. W. Section R313 of the I :Modify by deleting Section R313 and inserting in lieu thereof the following: Section R313 Fire Protectio Townhouses and One Famil and Two Family Occupancies incorporating designed lightweight materials such as trusses or engineered lightweight material (including but not ited to wooden I-Beams, cold-form steel or light gauge bar joist trusses) in the s uctural floor or ceiling areas shall protect the floors/ceilings areas with not less than '/ -inch gypsum board with joints taped and fastener eads treated on the underside of the floor/ceiling system. \` Exception: 1. If the underside~a floor system is a ravel space where no combustible materials are, stored. °;:~ ' 2. If the townhouse ha an automatic r sidential fire sprinkler system designed and insfalled in accordance with Sec ' n P2904. - -? `"° 3. If the one family and family oc panties has an automatic residential fire sprinklg~ . _Y systems shall be design d and in ailed in accordance with Section P2904~or NFPA~y3D. . "1 . ~ 3 X. Section R320.2 of the IRC. Add Section R320. in t e IRC as follows: -~° - R320.2 Accessibility for projects other than those Toned in Section R320.1. = R 320.2.1 Scope. The provisions of this section a enacted to implement universal design futures tha,~ provide accessibility, usability and visit-ability for all. ~ =~ R 320.2.2 Definition. Public funds shall mean fun 'ng or assistance from the City of Iowa City or any agent thereof through any of the following means: 1. a building contract or similar contrac al agree ent involving aCity-funded program or fund; . 2. any real estate received by the own r through a ubsidy, lease, or donation by the City or its agents; 3. preferential tax treatment, bond as stance, mort ge assistance, or similar financial advantages from the City or its agents; 4. disbursement of federal or state c nstruction funds i luding a Community Development Block Grant; or 5. a City contract to provide fundin or a financial benefit f housing. R320.2.3 Applicability. The mendment applies to n w one- and two-family dwellings and is not required for new townhous s, or existing structures fo repairs, alterations, change of occupancy or additions unless the sq are footage of the addition i ore than 25% of the existing structure, then, the addition must co ply. Exception: Applies to ne townhouses constructed using p blic funds must. The minimum usability r quirements are as follows: 1. Interior doors: At le st one bedroom, one bathroom and II other passage doorway header widths, on the le I served by the designed step-less entrance, must be framed to accommodate a inimum 38" clear rough opening. The aming for the doorway width opening may be r duced to accommodate any door size prove ed public funds are not used in which the mini um door clear opening shall be thirty-two in hes (32") when the door is open ninety degr es (90 ), measured between the face of the doo and the opposite stop. Note: A 34" doo hung in the standard manner, provides an accept le 32" opening. Exception: Do rs serving closets twenty-four inches (24") or less in epth. 2. Switch and outlet requirements: All wall switches, controlling li t fixtures, fans, all temperature control devices and all receptacles shall be located in an are between fifteen (15) and forty-eight (48) inches above finished floor. The height will be deter fined by measuring from the finished floor to the center of the device. When the control or rece ~cle placement is prohibited by the height of the window or design feature, alternative locations may be approved by the building official. 3. Electrical panel requirements: Electrical panels shall be located so that the individual circuit breakers are located between 15" and 54 "above the floor. 4. Sanitation facilities: There must be at least one bathroom containing a shower, water closet (toilet) and lavatory (sink) and either a shower, bathtub, or combination bath/tub located on the level of the dwelling to be accessed by a step-less entrance. The room must be designed in a Ordinance No. Page 6 manner that will provide a minimum of thirty inches (30") by forty-eight inches (48") clear floor space at the water closet and lavatory. The clear floor space shall not be obstructed by a doorway swing; however, clear floor space at fixtures may overlap if sufficient maneuvering space is provided within the room for a person using a wheelchair or other mobility aid to enter and close the door, use the fixtures, reopen the door and exit. Doors may swing into the clear floor space provided at any fixture if the maneuvering space is provided. Maneuvering space may include any knee space or toe space available below bathroom fixtures. Exception: 1. If public funds are not used and a proposed bathroom design shows a shower, bathtub or combination tub/shower can be provided within the room or an adjoining room than the shower or bathtub is not required. ~ ,.~ 2. The building official may waive this requirement based on the determination ~,t?;~t strict compliance is financially impractical. ~.° ~;:.~ «- »..a.. ; ~-Wall Re31 orcement: A bathroom must be provided with wood blockin installed within wall ~~.,` ~s : 'framing to sup rt grab bars as needed. The wood blocking, when me ured to the center, will .~. ~ i "tae located betwe thirty-three inches (33") and thirty-six inches (36" above the finished floor. r ~ "' ~~ " .The wood blocking ust be located in all walls adjacent to and ehind a toilet, shower, or ~a~~ <r - _laathtub. 6~Step-less Entrance: A east one building entrance must be signed, without encroaching into ~: any required parking spac that complies with the Iowa ty Building Code standard for an accessible entrance on an acc sible route served by a ra in accordance with section R311.8 or a no-step entrance. The accessi route must extend om a vehicular drop-off, or parking to a building entrance. The entry door st have a mini um net clear ooenino of thirty-two inches (32"). Note: Iowa City code only requires one Exceptions: 1. If public funds are used the step-less 2. The building official may waive th compliance is financially or environme be exempted. for single family dwellings be provided. based upon the determination that strict Split-level and townhouse style homes may 7. Garages: Must be wired for p er operated overhead oors. 8. Decks: All exterior decks d patios surfaces adjacen o the level served by the designed step-less entrance must be uilt within four inches (4") of the wellings finish floor level or top of threshold whichever is hi er. Y. Section R322 of the IRC. Delete se on R322 of the IRC and insert in lieu thereof th following: Section R322. See Title Chapter 5J Flood Plain Management Standards in e City Code. Z. Section R403.1.4.1 of the IR .Modify by deleting all exceptions and inserting in lieu the of the following: Exceptions: 1. One story tached accessory buildings of wood or steel frame construction n used for human occupancy and not excee ng one thousand (1,000) square feet in floor area may be constructe using slab on grade construction as f ows. The slab shall be three and one half inches thick, poured monolithically with thickened perimeter f ings extending twelve inches (12") below finish grade and be sixteen inches (16") wide at the base. The top of the foundation shall not be less than six inches (6") above finish grade. Reinforcement of the slab, including the thickened portion, shall be minimum 6x6-10/10 welded wire mesh, #4 deformed reinforcing bars at twenty four inches (24") on center each way or fiber mesh reinforced concrete. 2. One-story wood or metal frame building not used for human occupancy and not over 200 square feet in floor area may be constructed with walls supported on a wood foundation plate or "skids" when approved by the building official. 3. Decks not supported by a dwelling need not be provided with footings that extend below the frost line. AA. Section R404.1.2 of the IRC. Modify Section R404.1.2 by adding a second paragraph as follows: Wall thickness may be reduced to eight inches (8") if a minimum of three (3) one-half inch diameter deformed ASTM A615 grade 40 steel bars are placed horizontally at the center of the wall thickness with one bar located within 14" of the top, one bar within 14" of the bottom and one bar located within 14" of the mid-height of the wall provided the wall height does not exceed eight feet (8'). Ordinance No. Page 7 BB. Section R404.1.3 of the IRC. Modify by adding an exception after number 2 as follows: EXCEPTION: Foundation walls with unbalanced lateral forces created by finish grade, i.e. walkout basements which are exempt from the Iowa Architectural Act shall be designed by a licensed structural engineer or constructed in accordance with the table and diagrams as follows: KEY: C.B. = C er Bars ,..~` ~~` FOUNDATION PLAN: s = pan a-- ~----- ----~ LOWER LEVEL WALKOUT T = Thickne T ~ ~ I i ' I'~ S I S I ~l S ~., I I o I I 2 ~„ l . ~ l ~ l 2'-0 c.g.. ~ i I CB ~ _ CB C.~ --- - ~ i u--- - _ _~ I ~ - -- I i "\ 8' 12" Foundation ails ~' I I I Provide corner bars to match ~ horizontal foundation wall I reinforcing into span wall 2'-0" 1 LL Provide corner bars to match I I ~ horizontal foundation wall) I ~ reinforcing into span wall 2'-0" y ~ I (S) Span (T) Wall Thic ess Horiz. Reinf.' C 10' or less 8" #4 @ 12" 10' to 12' 8" #5 @ 12" 2'-6" 12' to 14' 8" 6 @ 12" 3'-0" 14' to 16' 12" # @ 12" 2'-6" 16' to 18' 12' #6 14" 3'-0' Notes: 1. Corner Bars are in ddition to required horizonta einforcing. 2. All reinforcing spl' es shall be lapped a minimum 24 diameters of the reinforcing used. 3. If tributary span s greater than 16'-0", the minimu dimension shall be 6'-0" I (tributary span one-half ('h) of two adjoining spans I Frost Wall R. Fn tine \. I orner Bar ICBI'•= I I II 2'-0" Ordinance No. Page 8 2" Minimum Inside Face of Wall to edge of rginforcing T See Schedule for Horizontal Reinforcing #4 Reinforcing Vertical 30" O.C. Typical Reinforcing Dow ti J, _ . a _.- s __ ' • . Y .~ ~. Ordinance No. Page 9 CC. Section 501.2 of the IBC. Modify by inserting the following after the second sentence: From 100-199 feet from the street the number shall be a minimum of 6 inches high with a minimum stroke of 0.5 inches. From 200-299 feet from the street the numbers shall be a minimum 8 inches high with a minimum stroke of 0.5 inches. For each additional 100 feet from the street, the number shall increase by an additional 2 inches in height. Measurements to determine the minimum number size shall be measured from the approved address location to the center line of the street for which the premises is addressed. DD. Section R612.2 of the IRC. Delete Section R612.2 of the IRC. EE. Section R703.2 of the IRC. Modify by deleting the exception in its entirety. ` FF. Section 709.1 of the IBC. Modify by adding an additional numbered sentence as follows: ~" ~ -~ 9 6. Walls separating dwelling units from other occupancies in the same building. +~,.,~ ]~J GG. Section R807.1 of th IRC. Modify by adding a third paragraph as follows: ; ;? The opening shall not a located in a closet, bathroom, mechanical room, laundry room, o~ sitnilar~oom or location. - ~,~ ~;y HH. Section 903.2.1.2 of the IBS. Delete section 903.2.1.2 and insert in lieu thereof the following: 903.2.1.2 Group A-2 A. New Group A-2 Occupanc s. An automatic sprinkler sy em shall be provided if one of the following conditions exist: 1) The fire area exce ds 5,000 square feet; or 2) The fire area has a ccupant load of 100 more; or 3) The fire area is locate on a floor other tha the level of exit discharge. B. Existin Group A-2 Occupancies and roup B Occupa ies that existed prior to August 1, 2007. An automatic sprinkler system sha be provided t oughout the A-2 occupancy if one of the following conditions exists: 1) The A-2 occupancy has an o cupant I d of 299 or more and has an ABDL shall comply by October 1, 2010. Exemption: Single business occupa 2) The A-2 occupancy has an occu level of exit discharge and has an ABDL shall comply 3) Group B Occupancies located c have an ABDL shall comply by July 1, 2013; or 4) Group A-2 Occupancies with an not regulated in B1 or 62 above, provided: There is a change in business ownershi , equitable ownership interest, except that the ow e change in ownership is one of form and not subst nc~ Exemption: Single business occ pan ~n single story nonabutting buildings; or load of 50-298 and is located on a floor other than the my 1, 2013; or 'door other than the level of exit discharge and which load of 100 or more that have an ABDL and are defined as a sale, transfer, or assignment of any legal or may show t the building official's satisfaction that said cies in single stor)~non-abutting buildings. II. Section 903.2.1.6 of the IBC. Add a new S ction 903.2.1.6 as follows: Section 903.2.1.6. An automatic spr nkler system shall be provide throughout buildings and portions thereof used as new Group B occupancies ith an ABDL or existing group occupancy with a new (not a renewal) ABDL located on a floor other than he level of exit discharge. The aut atic sprinkler system shall be provided throughout the floor area where a new Group B occupancy with an BDL or where the group B occupancy with a new ABDL is located, a d in all floors between the Group B occ ancy and the level of exit discharge. JJ. Section 903.2.2 of the IBC. Delete S~ction 903.2.2 of the IBC and replace with: 903.2.2 Group B ambulatory health care facilities. An automatic sprinkler system- shall be installed throughout all fire areas containing a Group B ambulatory health care facility occupancy. KK. Section 903.3.5.3 of the IBC. Add a new Section 903.3.5.3 in the IBC to read as follows: 903.3.5.3 Water supply safety margin. Provide a minimum 10%, but not less than 5 psi, safety margin above static pressure in the fire protection system hydraulic calculation. LL. Section 903.4.2 of the IBC. Delete Section 903.4.2 of the IBC and replace with: 903.4.2. Alarms. An approved weatherproof horn/strobe device shall be mounted directly above the fire department connection between seven (7) and ten (10) feet in height above grade. The water-flow alarm device shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size Ordinance No. Page 10 installed in the system. Approved and supervised audible visual notification appliances shall be installed on each level of the interior of the building as required by the fire code official and NFPA 72. MM. Section 903.6 of the IBC. Add a new Section 903.6 to the IBC to read as follows: 903.6 Zones. Automatic sprinkler system zones shall not exceed the area permitted by NFPA 13 or NFPA 13R and shall provide a sprinkler control valve and water flow device for each normally occupied floor. NN. Section 906.1 of the IBC. Delete the exception without substitution. 00. Section 906.3 of the IBC. Add a sentence to the end of the section to read as follows: The minimum size and rating of any required portable fire extinguisher for Class A, Class B, or Class C hazard shall be 51b. 2-A, 10-B C. PP. Section 907.2 of the IBC. Delete the section and replace with: 907.2 Where required-new buildings and structures. An approved and addressable fir alarm system installed in accordance with the provisions of this code and NFPA 72 shall be provided in ew buildings and structures in accordance with ctions 907.2.1 through 907.2.23 and provide occupant notif' ation in accordance with 907.6, unless other requirem is are provided by another section of this code. A minimum of one manual fire a rm box shall be provided in an approved locat' n to initiate a fire alarm signal for fire alarm systems employin utomatic fire detectors or water-flow dete ion devices. Where other sections of this code allow elimination of a alarm boxes due to sprinklers, a Ingle fire alarm box shall be installed. EXCEPTION: 1. The manual fire alarm box is not required r fire alarm syste dedicated to elevator recall control and supervisory service. OO. Section 907.2.1 of the IBC. Delete the "exception' ' ction 907.2.1 in its entirety and insert in lieu thereof the following exceptions: EXCEPTION: 1) Except for Group A-2 occupancies with o upant loads f 200 or more, manual fire alarm boxes are not required where the building is equipped throw out with an auto atic sprinkler system and the alarm notification appliances will activate upon sprinkler wa r flow. 2) Group A-2. An automatic/manual a alarm system shall be in Iled in Group A-2 occupancies with and occupant load of 200 or more. Activati of the fire alarm shall additional) ause: a. Illumination of the protec d premises to not less than 10 foot-c dies over the area of the room at a height of 30 inches above the flo ;and b. All conflicting or con sing sounds and visual distraction to automatical top. RR. Section 907.2.3 of the IBC. Modify y adding a sentence to the end of the first paragraph a follows: New and existing educatio al occupancies shall have a monitored fire alarm system. SS. Section 907.2.3 of the IBC. odify by adding a 4'h exception as follows: 4. Day care occ ancies classified as Group E Occupancy shall not require a monitored fire arm system unl~s required els here in the code. ~~ TT. Sectio~'807.2'1:~~2 the IBC. Modify by adding a fourth location requirement as follows: ,y 4. upewise smoke alarms shall be installed in all common corridors and at the top and bottom of all st2~rMhay enclosure in Groups R-2, R-4 and I-1 occupancies. In corridors, detectors shall be located within fifteen; (15 et ~he end of the corridor and in such a way that one detector is located for each thirty (30) feet of ,~;.._. cor~dor length or spaced as allowed by the code. sue.. ~. UU. Sectior~907.4.2~of the IBC. Modify by adding a sentence to the end of the section to read as follows: UNhere in=~e 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. W. Section 907.6.3 of the IBC. Modify by deleting the exception and inserting in lieu thereof the following exception: Exception: Automatic sprinkler system zones shall not exceed the area permitted by NFPA 13 and shall provide a sprinkler control valve and waterflow device for each normally occupied floor. WW. Section 907.6.3.3 of the IBC. Add a section to read as follows: Section 907.6.3.3 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. Ordinance No. Page 11 XX. Section 907.6.5 of the IBC. Modify Section 907.6.5 by adding two sentences to the end as follows: Each address point identification, shall have an alpha/numeric descriptor location. Alpha/numeric descriptor locations are required to be reported to the Emergency Communications Center upon activation of supervisory and/or alarm conditions as specified by the fire code official. YY. Section 910.1 of the IBC. Delete exception 2 without substitution. ZZ. Section 910.3.2.2 of the IBC. Delete Section 910.3.2.2 and replace with: 910.3.2.2 Sprinklered buildings. Where installed in buildings provided with an approved automatic sprinkler system, smoke and heat vents shall be designed to operate automatically by actuation of a heat- responsive device rated at least 100 degrees F (38 degrees C) above the operating temperature of the sprinkler. Exception: Gravity-operated drop-out vents complying with Section 910.3.2.1. AAA. Secti n 0.4.3 of the IBC. Delete section 910.4.3 in its entirety and replace with: 910.4.3 O ration. Mechanical smoke exhaust fans shall be automatically activated by heat detectors having operating cha cteristics equivalent to those described in Section 910.3.2. Individual manual controls for each fan unit shall also a provided. BBB. Section 912.6 of the I~. Add a new section 912.6 to the IBC to read as follows: 912.6 Size. Minimu fire department connection size~iall be 2'/z inch National Standard Thread. CCC. Section 912.7 of the IBC. Ad new section 912.7 to th IBC to read as follows: 912.7 Water supply. Fired artment connections shall be located not more than 100 feet from a hydrant and both the fire department nection and hydr nt shall be located on the same side of the fire department access or as approved by the i code official. I SERT "wiggle room" language. DDD. Section 1009.2 of the IBC. Modify by addin a third EXCEPTION: 3. Stairs within individual dwelling units o F 8/28/02 (adoption of the 2000 IRC) are permitted a 78-in EEE. Section 1022.3 of the IBC. Modify Section 1022.3 door assemblies in exit enclosures of R-2 occ smoke detector. FFF. Section 1028.2 of the IBC. Modify by deleting EXCEPTION: 1) Except for Group A-2, in assem where multiple main exits are provided, exits sh building provided that the total width of egress is o 2) The main entrance/exit of A-2 o c~ two-thirds of the total occupant load. as follows: sidential Group R occupancies that existed prior to headroom clearance. a fourth unnumbered paragraph as follows: Fire hall also be automatic closing by actuation of a die exception and ding two new exceptions as follows: occupancies where ere is no well-defined main exit or be permitted to be distn uted around the perimeter of the less than 100 percent of th equired width. Fancies shall be of a width tha ccommodates not less than GGG.. Section 1029.1 of the IBC. Modify by de ting the exceptions and, inserting in lieu the of the following: EXCEPTIONS: 1. The emergency escape an rescue opening is permitted to open onto a bal ny within an atrium in accordance with the requirements of S ction 404 provided the balcony provides access an exit and the dwelling unit or sleeping room has a mean of egress that is not open to the atrium. _ ` _ 2. High-rise buildings in acc rdance with Section 403. 3. Emergency escape and rescue openings are not required from basements or leeping: rooms., that have an exit door or exit access d r that opens directly into a public way or to a yard, court or exte#`ior ezi# balcony that opens to a .public way. ~ - tt~ HHH. Section 1029.1.1 of the IBC. Add a new Section 1029.1.1 in the IBC as follows: -; ~.- ~.,~ 1026.1.1 Location. The emergency escape and rescue opening in anon-habitable basement shall b~: 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. ~ : ~~ Ordinance No. Page 12 III. Section 1029.3 of the IBC. Modify by adding an exception as follows: EXCEPTION: For emergency escape and rescue openings required for the remodeling or finishing of space in an existing basement, the maximum sill height may be measured from an elevated landing not less than 36 inches wide, not less than 18 inches out from the interior finish of the exterior wall and not more than 24 inches in height. The landing shall be permanently affixed to the floor below and the wall under the window it serves. JJJ. Section 1029.4 of the IBC. Delete Section 1029.4 and insert in lieu thereof the following: 1029.4 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 1029.2 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 op ation of the escape and rescue open' .Where such bars, grilles, grates or similar devices are installed in e ' ting buildings, smoke alarms shall be insta din accordance with Section 907.2.11 regardless of the valuatio of the alteration. KKK. Section 1029.6 of the IBC, dd a new Section 1029.6 to the IBC to read as follows Section 1026.6. Emerg cy escape windows under decks and porches. E ergency escape windows are allowed to be installed under cks and porches provided the location of th eck allows the emergency escape window to be fully opened an rovides a path not less than 36 inches in eight to a yard or court. LLL. Chapter 11 of the IRC. Delete Chapte 11 in its entirety and insert in li thereof the following: Chapter 11 Energy Efficiency, S tion N1101. Energy effici cy for the design and construction of building regulated by this code shall be as req ' ed by 661-303 of the wa State Administrative Code. MMM. C_ hapter 11 of the IBC. Delete Chapter 11 in 'ts entirety a insert in lieu thereof the following: Chapter 11 Accessibility, Section 1101. Bu ings o ortions of buildings shall be accessible to persons with disabilities as required by 661-302 of the Iowa State d inistrative Code. NNN. Section 1209.2 of the IBC. Modify by adding a s and numbered paragraph as follows: 1209.2 Attic spaces. The opening shal a locate in a corridor, hallway, or other readily accessible location. The opening shall not be located in a cl et, bathroom, echanical room, laundry room, or similar room or location. Attics with a maximum vertical heigh f less than thirty inc s need not be provided with access openings. 000. Chapter 13 of the IBC. Delete Ch ter 13 in its entirety and ins in lieu thereof the following: Chapter 13 Energy Effici cy, Section 1301. Energy efficie cy for the design and construction of building regulated by this code sh a as required by 661-303 of the Iowa tate Administrative Code. PPP. Section 1403.5 and 1 3.6 of the IBC. Delete Sections 1403.5 and 03.6 of the IBC and insert in lieu thereof the following: Section 1403.5. ee Title 14, Chapter 5, Article J Flood Plain Manageme Standards in the City Code. QQQ. Secti ".1405. .2 of the IBC. Delete Section 1405.13.2 of the IBC. RRF Y ectioir161 oaf' he IBC. Delete Section 1612 of the IBC and insert in lieu thereof the fo lowing: ~~ Sr~eti !16'I~2• See Title 14, Chapter 5 Article J Flood Plain Management Standards in the City Code. SSS,,~ection,~24062 (303.3) Prohibited locations of the IRC. Modify by deleting exceptions 3 and 4. ~~ . ~._ TT'I~°Jectio~~2415.1 1404.1) Prohibited locations of the IRC. Modify by deleting the last sentence. UUU. Part UtJ Plumtm9, Chapters 25 through 33 inclusive of the IRC. Delete Part VII Plumbing Chapters 25 through 33 inclusive of the IRC and insert the following: Part VII Plumbing, Chapter 25 Section P2501 GENERAL P2501.1 Scope. Plumbing systems shall comply with Title 17, Chapter 2, of the Iowa City Code. VW. Chapter 27 of the IBC. Delete Chapter 27 of the IBC and insert the following: Chapter 27 Electrical Section 2701.1 Scope. Electrical systems shall comply with Title 17, Chapter 3, of the lows City Code. WWW. Chapter 29 of the IBC. Delete Chapter 29 of the IBC and insert the following: Ordinance No. Page 13 Chapter 29 Plumbing Systems Section 2901.1 Scope. Plumbing systems shall comply with Title 17, Chapter 2, of the Iowa City Code. XXX. Section 3002.4 of the IBC. Delete Section 3002.4 of the IBC and insert in lieu thereof the following: 3002. evator car to accommodate ambulance stretcher. In building four or more stories above, or four or more stories below, grade plane, at least one elevator shall be provi for fire department emergency access to all floors. The elevator car shall be of such a size and arrangement to commodate an ambulance stretcher 23 inches by 84 inches (610 mm by 2134 mm) with not less than 5-inch (12 m) radius corners, in the izontal, open position and shall be identified by the international symbol for emerge cy medical services (st r o life). The symbol shall not be less than 3 inches (76 mm) high and shall be placed insi on both sides oft hoistway door frame. YYY. Part VIII Electrical Cha ters 34 ou h 43 i lusive of the IRC. Delete Part VIII Electrical Chapters 34 through 43 inclusive of the IRC and insert th ollowin Part VIII Electrical, Chapter 34 Section E3301 GENERAL E3401.1 Applicability. Electrical systems II comply with Title 17, Chapter 3, of the Iowa City Code. ZZZ. Section 3412.2 of the IBC. Delete the first se tence f Section 3412.2 and insert in lieu thereof the following:. 3412.2 Applicability. Structures existi prior to ffective date of this ordinance and in which there is work involving additions, alterations or change of occupan shall be made to conform to the requirements of this section or the provisions of Sections 3403 rough 3409. 17-1-4: Penalties for violations: Violati n of this chapter sh be a municipal infraction punishable by a penalty as provided for in subsection 1-4-2D o the City Code. SECTION III. EFFECTIVE DATE. Thi Ordinance shall be in effect anuary 1, 2010, after final passage, approval and publication as provided by la . Passed and approved this day of 20 MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office hisbdg/ord/2009bldgcode amend/2009 IBC IRC visitability.doc ~S 'a ~ 0 _ I ~. s-a. ~U ~ J i--^, ~. ~ ..- - I =~1 ^k!J Prepared by: Tim Hennes, Sr. Building Inspector, 410 E. Washington St., Iowa City, IA 52240; 319-356-5122 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 17, CHAPTER 1, BUILDING CODE, BY ADOPTING THE INTERNATIONAL BUILDING CODE, 2009 EDITION, AND THE INTERNATIONAL RESIDENTIAL CODE, INCLUDING APPENDIX F RADON CONTROL METHODS, 2009 EDITION, PUBLISHED BY THE INTERNA ONAL CODE COUNCIL AND PROVIDING FOR CERTAIN AMENDMENTS THEREOF; TO PR VIDE FOR THE PROTECTION OF THE HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF I A CITY, IOWA. BE IT ORDAINED BY THE ITY COUNCIL OF THE CITY OF IOWA CITY, I~ SECTION I. PURPOSE. The urpose of this ordinance is to adopt the 2009 I Code and International Residential ode as published by the International Code amendments thereof; and to provide r the protection of the health, welfare and Iowa, and to provide for its enforcement. SECTION II. Sections 17-1, 17-2, 17- and 17-4 of the Iowa City Code new Sections 17-1, 17-2, 17-3 and 17-4 are acted in lieu thereof. 17-1-1: Code Adopted: Subject to the fo wing amendments, the 20 Code (IBC) and 2009 Edition of the Internatio I Residential Code (IRC) Methods are hereby adopted and shall be kno n as the Iowa City Interpretations of the Building Official may be guide y publications of t International Existing Building Code. 17-1-2: Interpretation of Building Code provisio :The minimum requirements adopted for the protection of the he th, higher standards in the state statute or City ordinance shall be 17-1-3: Amendments to Code: The following sections of and 2009 edition of the International Residential Code are amend A. Section 101.1 of both the IBC and IRC. Delete Section 101.1 the following: 101.1 Title. These regulations shall be known as the A: on of the International Building uncil and to provide for certain ery of the citizens of Iowa City, hereby repealed and the following )~ edition of the International Building /including Appendix F Radon Control luilding Code or the Building Code. International Code Council, Inc. or the prove ons of this Code shall be held to be the ~fery nd welfare of the citizens of Iowa City. Any X009 edition of the International Building Code as follows: 1QOth the IBC and IRC and insert in lieu thereof uilding~de of Iowa City, hereinafter referred tors "this code." B. Section 105.2 of both the IBC and IRC. Delete Section 05.2 of both the I and IRC and insert in lieu thereof the following: ' ~~~ 105.2 Work Exempt from Permit. A permit sh II not be required for the fo wing: -, __.. Building ~ ' 1. One-story detached accessory structu es used as tool and storage she , playhouses end similar uses, provided the floor area do s not exceed 144 square feet prove d the structure is:~xot located in a flood hazard area. ~"~ 2. Fences not over 6 feet (1829 mm) igh. 3. Oil derricks 4. Retaining walls which are not ver 4 feet (1219 mm) in height measured from th bottom of the footing to the top of the wall, unless suppo ng a surcharge or impounding Class I, II or I II-A liquids. 5. Water tanks supported dire ly on grade if the capacity does not exceed 5,000 gallons 18 925 L) and the ratio of height to diamet r or width does not exceed 2 to 1. 6. Sidewalks and driveway not more than 30 inches (762 mm) above grade and not over any basement or story below and which a not part of an accessible route. 7. Painting, papering, tilin ,carpeting, cabinets, counter tops and similar finish work. 8. Temporary motion pic re, television and theater stage sets and scenery. 9. Prefabricated swimm~ g pools which are less than 24 inches deep, do not exceed 5,000 gallons and are installed entirely abo a 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. .e -, ':_: Ordinance No. Page 2 15. For structures regulated by the IRC reapplication of siding and windows provided: a. Window opening sizes are not altered and conforming rescue and escape windows are present in all sleeping rooms. 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. Electrical: 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 over-current device of the required ampacity and interrupt rating in the same location. 6. Repair or replacement of a ctrodes or transformers of the same size and capacit or signs or gas tube systems. 7. Temporary wiring for experimen I purposes in suitable experimental laboratorie . 8. The wiring for temporary theater, tion picture or television stage sets. Gas: 1. Portable heating, cooking or clothes d 'ng appliances. 2. Replacement of any minor part that do not alter approval of equi ent or make such equipment unsafe. 3. Portable-fuel-cell appliances that are not connected to fixed piping system and are not interconnected to a power grid. Mechanical: 1. Portable heating appliances. 2. Portable ventilation appliances. 3. Portable cooling units. c~ 4. Steam, hot- or chilled-water piping within any sting or co 'ng equipment regulated by this code. ~"`' S. Re~acement of any minor part that does t alter approva f equipment or make such equipment unsafe ~~": -~- 6 f~pi~able evaporative coolers. A ~ d ``" 7. Sel#=contained refrigeration system containing 10 pounds (4.54 k or less of refrigerant or that are `_`~- ~"~'~ actuated by motors of 1 horsepowe 46 W) or less. ~ 8. Portable-fuel-cell appliances hat are not connected to a fixed iping system and are not ~:>",.,~ ~~" interconnected to a power grid 9. The replacement of fixed ppliances provided however that the replacemen appliance is in the same locati~tl and has a rating qual to or less than the appliance being replaced, a it is not necessary to remove, replace, alter, install any additional ductwork or piping. Plumbing: 1. The stopping leaks in drains, water, soil, waste or vent pipe; provided, ho ver, that if any concealed trap, ainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and eplace the same with new material, suchwork shall be considered as newwork and a permit shall obtained- and inspection made as provided in this code. 2. The C ing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. 3. The replacement or removal and reinstallation of any fixture or appliance, provided, however, that the fixture or appliance is installed at the same location and it is not necessary to remove, replace, alter, or install any piping. Exemption from the permit requirements of this Code shall not be deemed to grant authorization for any work to be done in violation of the provisions of the Code or any other laws or ordinances of this jurisdiction. Exemption from the permit requirements of this Code shall not be deemed to grant authorization for any work to be done in a manner in violation of the provisions of this Code or any other laws or ordinances of this jurisdiction. Ordinance No. Page 3 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 has a documented inspection every 6 months minimum and is completed within 24 months of the date on which the original permit was issued. D. Section 105.10 of both the IBC and IRC. Add two new Sections 105.10 and 105.10.1 to the IBC and R105.10 and R105.10.1 to IRC as follows: 105.10 De olition permits required. A demolition permit shall be required as follows: 1. Forth removal of any building or structure. 2. For the emoval of any portion of a building (i.e. porch, porch railing, decorative brackets and trim, dormers, chimneys, etc.) hat is located within a Historic Preservation Overlay Zone or a Conservation District Overlay Zone, or is an Iowa ity Historic Landmark. 105.10.1 Require ents. The applicant for any demolitio permit shall state on the application the proposed disposal plans for al demolition materials. No demolition ermit shalt be issued until seven (7) working days after the date an applicati has been properly filed and sa~ demolition permit shall not be effective until applicant has posted the premises o be demolished with a notice o be provided by the City and as directed by the City; provided, however, that acce ory buildings as defined in the Iowa City Zoning Ordinance and having no historic significance and dangerous b 'dings shall be exempt fr said notice and waiting requirement. E. Section 107.3 of the IRG and 5ecuon ~ the IBC as follows: 107.3 (IRC) 108.3 (IBC) Tempo F. Section 108.2 of the IRC and Section 109.2 of a IBC IC and insert in lieu thereof the following: 108.2 (IRC) 109.2 (IBC) Permit Fees and I building permit fee schedule as established by resolu o under any of the provisions of this Code shall be m de I the building permit and building plan review fees s all be d Section 107.3 of the IRC and Section 108.3 of the "NFPA 70" with "Iowa City Electrical Code". Delete Section 108.2 of the IRC and Section 109.2 of the cations. The fee for any permit shall be as set forth in the of the City Council. The determination of value or valuation > the Building Official. The value to be used in computing th total value of all construction work for whicTi the permit is issued, as well as all finish work, painting, oofing, site rading, paving, landscaping, elevators,. and other permanent equipment. The value to be used i computing th value of construction for reports shall be the focal value of all construction work for which the p mit is issued, as ell as all finish work, painting, roofing; electrir~al, plumbing, heating, air conditioning, site gradi ,paving, landscapin elevators, fire extinguisher systems and other permanent equipment. ~ w.. G. Section 108.3 of the IRC and Section 1 9.3 of the IBC. Delete Section 108.3 of the IRC and Sectionrv'k0~.3 of-€~ie IBC and insert in lieu thereof the followin ~ `` "~' 108.3 (IRC) 109.3 (IBC) Pla Review Fees. When a plan or othe ata are required to be submitted~y Section 106 and the value of the pro osed building or work exceeds fifteen housand dollars ($15,000), a plan review fee shall be paid before the ermit may be issued. Should the project a abandoned and the permit not issued after the plan review has be n started, the plan review fee shall still bed and payable. The plan review fee shall be as set forth by resol tion of City Council. Plan review fees are sepa to fees from the permit fee specified in Section 108.2 and ar in addition to permit fees. H. Section 108.6 of the IRC a Section 109.4 of the IBC. Delete Section 108.6 of the I C and Section 109.4 of the IBC and insert in lieu ther f the following: 108.6 (IRC) 109. (IBC) Work commencing before permit issuance: Any pets who commences work on a building, struct e, 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. ., ate] r: Ordinance No. Page 4 J. Section 109.6 of the IBC: Delete Section 109.6 in the IBC and insert in lieu thereof the following: 109.6 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 1010.3.5 of the IBC. Delete Section 1010.3.5 in the IBC. L. Section 112 of the IRC and Section 113 of the IBC. Delete Section 112 of the IRC and Section 113 of the IBC and insert in lieu thereof the following: Section 112 of the IRC and Section 113 of the IBC Appeals: See Title 17 Chapter 12 Appeals in the City Code. M. Section 202 of both the IBC an IRC. Add new definition as follows: Family: See Section 14-9 Zoning Definitions in the City Code. N. Section 202 of both the IBC and IRC. d new definition as follows: Emergency Communications Ce r. Shall mean the Iowa City Emergency Communicatio s Center unless and until the operation of the Johnson ounty Joint Emergency Communications Center. O. Section 202 of the IBC and IRC. Modify define ~ ns as follows: Habitable space: Add a sent ce to the end of the definition of habitable space or room to read a ollows: Basement areas finished to a gree to encourage their use as anything other than storage or mechanic rooms shall be considered habits space. P. Section 202 of the IRC. Delete definition of Accessory ructure and insert in lie hereof the following: ACCESSORY STRUCTURE. See Title 17 Chapt 9 Definitions in th ity Code. Q. Table R301.2 (1) of the IRC Modify by inserting data in the Ground Wind Seismic S ubject to Da From Snow Speed Design Frost L' e Load lmph) Category Weathering D h Ter 'te 25 90 A Severe 42" Modera Heavy Ice Flood Hazards 6 Winter Shield Mean c Design Underlay Fir Air Freeze Annual Temp. Required NFIP ps Index Temp. -5° F Yes 5-22-77 -16-07 2000 50° F r" i . .. ~ ,.~ .. ~ - ~ , .... `~~ .'J i~ R. Section R302.2 of the IRC odify by deleting the exception and adding a new exception to read as follows: Exception: A common 2-h rfire-resistance-rated wall assembly tested in accordance with ASTME 119 or UL 263 is permitted for tow ouses if such walls do not contain plumbing or mechanical equipment, ducts or vents in the cavity of the co mon wall. The wall shall be rated for fire exposure from both sides and shall extend to and be tight aggin xterior walls and the underside of the roof sheathing. Electrical installations shall be installed in accordance with Chapters 34 through 43. Penetrations of electrical outlet boxes shall be in accordance with Section R302.4. S. Section R302.2.4 of the IRC. Delete the 5'h exception and insert in lieu thereof the following: 5. Townhouses separated by a common 2-hour fire-resistance-rated wall as provided in Section R302.2. T. Section R305.1 of the IRC. Modify by adding a 3~d exception as follows: 3. 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 (z/3) of the room. U. Section R310.1 of the IRC. Modify by deleting the exception and adding a new exception as follows: Exception: For emergency escape and rescue openings required for the remodeling or finishing of space in an existing basement, the maximum sill height may be measured from an elevated landing not less than 36 inches wide, not less than 18 inches out from the interior finish of the exterior wall and not more than 24 Ordinance No. Page 5 inches in height. The landing shall be permanently affixed to the floor below and the wall under the window it serves. V. Section R311.7.2. of the IRC. Modify by adding the number 1 to this exception and adding a second exception as follows: EXCEPTION 2: Structures that existed prior to 8/28/02 (adoption of the 2000 IRC) shall be allowed 6'- 6" headroom. W. Section R313 of the IRC: Modify by deleting Section R313 and inserting in lieu thereof the following: Section R313 Fire Protection Townhouses and One Family and Two Family Occupancies incorporating designed lightweight materials such as trusses or engineered lightweight material (including but not limited to wooden I-Beams, cold-form steel or light gauge bar joist trusses) in the structural floor or ceiling areas, shall protect the floors/ceilings areas with not less than '/z -inch gypsum oard with joints taped and fastener heads treated on the underside of the floor/ceiling system. Exception: 1. If the u derside of a floor system is a craw- space where no combustible materials are stored. 2. If the towirhouse has an automatic residential fire sprinkler system designed and installed in accordance~+~vith Section P2904. 3. If the one farrii~y and two family occupancies as an automatic residential fire sprinkler systems shall b designed and installed in cordance with Section P2904 or NFPA 13D. X. Section R320.2 of the IRC. Add Sectio R320.2 in the IRC R320.2 Accessibility for projects other than ose mentioned i R 320.2.1 Scope. The provisions of this s ction are accessibility, usability and visit-ability for all. R 320.2.2 Definition. Public funds shall mea funs thereof through any of the following means: 1. a building contract or similar contractual 2. any real estate received by the owner t o~ 3. preferential tax treatment, bond assist nce from the City or its agents; 4. disbursement of federal or state co structi~ Grant; or follows: Section R320.1. ~ to implement universal design features that provide or assistance from the City of Iowa City or any agent ment involving aCity-funded program or fund; a subsidy, lease, or donation by the City or its agents; gage assistance, or similar financialadvantages and ~ncluding a Community Development Block: 5. a City contract to provide fundin or a financial benefit r housing. - E ~°~ R320.2.3 Applicability. The mendment applies to w one- and two-family dNreHings a'r{d is required for new townho es, or existing structures f repairs, alterations, ch~rige of a~upa~~ or additions unless the uare footage of the addition is ore than 25% of the:,existing.'~ructurs~ then, the addition mus comply. Exception: Applies to ew townhouses constructed using p lic funds must. 'h' `-~~ The minimum usabi ~ requirements are as follows: ~ 1. Interior doors: t least one bedroom, one bathroom and a other passage doorway header widths, on a level served by the designed step-less trance, must be framed to accommod e a minimum 38" clear rough opening. The fr ing for the doorway width opening y be reduced to accommodate any door size provide public funds are not used in whic the minimum door clear opening shall be thirty-two inch s (32") when the door is open nety degrees (90 ), measured between the face of the door d the opposite stop. Not : A 34" door hung in the standard manner, provides an acceptab 32" opening. Ex eption: Doors serving closets twenty-four inches (24") or less in de th. 2. Switch and outlet requirements: All wall switches, controlling light fixtures, fans, all temperature control devices and all receptacles shall be located in an area between fifteen (15) and forty-eight (48) inches above finished floor. The height will be determined by measuring from the finished floor to the center of the device. When the control or receptacle placement is prohibited by the height of the window or design feature, alternative locations may be approved by the building official. 3. Electrical panel requirements: Electrical panels shall be located so that the individual circuit breakers are located between 15" and 54 "above the floor. 4. Sanitation facilities: There must be at least one bathroom containing a shower, water closet (toilet) and lavatory (sink) and either a shower, bathtub, or combination bath/tub located on the level of the dwelling to be accessed by a step-less entrance. The room must be designed in a Ordinance No. Page 6 manner that will provide a minimum of thirty inches (30") by forty-eight inches (48") clear floor space at the water closet and lavatory. The clear floor space shall not be obstructed by a doorway swing; however, clear floor space at fixtures may overlap if sufficient maneuvering space is provided within the room for a person using a wheelchair or other mobility aid to enter and close the door, use the fixtures, reopen the door and exit. Doors may swing into the clear floor space provided at any fixture if the maneuvering space is provided. Maneuvering space may include any knee space or toe space available below bathroom fixtures. Exception: 1. If public funds are not used and a proposed bathroom design shows a shower, bathtub or combination tub/shower can be provided within the room or an adjoining room than the shower or bathtub is not required. 2. The building official may waive this requirement based on the determination that strict compliance is financially impractical. ~~~ 5. all Reinfo ment: A bathroom must be provided with wood blocking ' tailed within wall f~arlling to suppo rab bars as needed. The wood blocking, when meas ed to the center, will ,~ -}, ;,~ 4~ vacated between 'rty-three inches (33") and thirty-six inches (36" ove the finished floor. -' -~= Tle •wood blocking mu be located in all walls adjacent to and ehind a toilet, shower, or r~ pathub. ~ 6. Step-less Entrance: At leas ne building entrance must be signed, without encroaching into p ~- • arEy required parking space, tha omplies with the Iowa ty Buildin Code standard for an 9 "`° - accessible entrance on an accessible ute served by a ra in accordance with section R311.8 or r: a noystep entrance. The accessible rou must extend om a vehicular drop-off, or parking to a building entrance. The entry door must ha a min' um net clear opening of thirty-two inches (32"). Note: Iowa City code only requires one parking s e for single family dwellings Exceptions: 1. If public funds are used the step-less entr ce must b rovided. 2. The building official may waive thi requirement ba d upon the determination that strict compliance is financially or environme Ily impractical. Split-I el and townhouse style homes may be exempted. 7. Garages: Must be wired for po er operated overhead doors. 8. Decks: All exterior decks d patios surtaces adjacent to the le el served by the designed step-less entrance must be uilt within four inches (4") of the dwellings Wish floor level or top of threshold whichever is hi er. Y. Section R322 of the IRC. Delete se on R322 of the IRC and insert in lieu thereof the following. Section R322. See Title Chapter 5J Flood Plain Management Standards in the City Co e. Z. Section R403.1.4.1 of the I .Modify by deleting all exceptions and inserting in lieu thereof the folio 'ng: Exceptions: 1. One story etached accessory buildings of wood or steel frame construction not used for human occupancy and not exc ding one thousand (1,000) square feet in floor area may be constructed using slab on grade construction as ollows. The slab shall be three and one half inches thick, poured monolithically with thickened Perim ter ootings extending twelve inches (12") below finish grade and be sixteen inches (16") wide at the base. The top of the foundation shall not be less than six inches (6") above finish grade. Reinforcement of the slab, including the thickened portion, shall be minimum 6x6-10/10 welded wire mesh, #4 deformed reinforcing bars at twenty four inches (24") on center each way or fiber mesh reinforced concrete. 2. One-story wood or metal frame building not used for human occupancy and not over 200 square feet in floor area may be constructed with walls supported on a wood foundation plate or "skids" when approved by the building official. 3. Decks not supported by a dwelling need not be provided with footings that extend below the frost line. AA. Section R404.1.2 of the IRC. Modify Section R404.1.2 by adding a second paragraph as follows: Wall thickness may be reduced to eight inches (8") if a minimum of three (3) one-half inch diameter deformed ASTM A615 grade 40 steel bars are placed horizontally at the center of the wall thickness with one bar located within 14" of the top, one bar within 14" of the bottom and one bar located within 14" of the mid-height of the wall provided the wall height does not exceed eight feet (8'). Ordinance No. Page 7 BB. Section R404.1.3 of the IRC. Modify by adding an exception after number 2 as follows: EXCEPTION: Foundation walls with unbalanced lateral forces created by finish grade, i.e. walkout basements which are exempt from the Iowa Architectural Act shall be designed by a licensed structural engineer or constructed in accordance with the table and diagrams as follows: KEY: C.B. =Corner ars , .~` ~~` FOUNDATION PLAN: s =span wa ; ----- -----~ LOWER LEVEL WALKOUT T =Thickness T ~ ~ I ; i I ' S I S ~ ~' S I I I I I ~ I ,~ 2 ~" I , v I ~ 2-0 c.v,. ~ i ! 6 I ' CB C.s I '~ 8" & 12" oundation alts P I I I I Provide corner bars to match ~ horizontal foundation wall ) reinforcing into span wall 2'-0" 1 IS} Span (T) Wall Thick ss H 'z. Reinf.' C 10' or less 8" #4 12" 12' to 14' #6 @ 12" 3'-0" 14' to 16' 12" #5 @ 12" 2'-6" 16' to 18' 12" #6 @ 14" 3'-0' 18' to 20' 12" #6 @ 12" 3'- " Notes: 1. Corner B s are in addition to required horizontal reinforcing. 2. All reinf rcing splices shall be lapped a minimum of 24 diameters of 3. If trib ary span is greater than 16'-0", the minimum dimension shall Itrib ary span =one-half ('/z) of two adjoining spans). I Frost Wall & Footin Provide corner bars to match I I I horizontal foundation walll I I reinforcing into span wall 2'-0" y I I orner Bar ICBI'~= I 2'-0., I reinforcing used. 6'•0" ~ I I I Ordinance No. Page 8 Ordinance No. Page 9 CC. Section 501.2 of the IBC. Modify by inserting the following after the second sentence: From 100-199 feet from the street the number shall be a minimum of 6 inches high with a minimum stroke of 0.5 inches. From 200-299 feet from the street the numbers shall be a minimum 8 inches high with a minimum stroke of 0.5 inches. For each additional 100 feet from the street, the number shall increase by an additional 2 inches in height. Measurements to determine the minimum number size shall be measured from the approved address location to the center line of the street for which the premises is addressed. DD. Section R612.2 of the IRC. Delete Section R612.2 of the IRC. EE. Section R703.2 of the IRC. Modify by deleting the exception in its entirety. FF. Section 709.1 of the C. Modify by adding an additional numbered sentence as follows: 6. Walls sepa ting dwelling units from other occupancies in the same building. GG. Section R807.1 of the IRC. odify by adding a third paragraph as foll The opening shall not be loc ted in a closet, bathroom, mechanic room, laundry room, or similar room or location. HH Section 903.2.1.2 of the IBC. Deletesection 903.2.1.2 and i 903.2.1.2 Group A-2 \ A. New Group A-2 Occupancies. An a tomatic conditions exist: 1) The fire area exceeds 5,00 qu 2) The fire area has an occupan o 3) The fire area is located on a floo B. Existing Group A-2 Occupancies and Group B An automatic sprinkler system shall be pr conditions exists: 1) The A-2 occupancy has an o u in lieu thereof the following: sprinkler ystem shall be provided if one of the following are fe , or ad of 00 or more; or of r than the level of exit discharge. cupancies that existed prior to August 1, 2007. i d throughout the A-2 occupancy if one of the following pant lob of 299 or more and has an ABDL shall comply by October 1, 2010. Exemption: Single business oc upancies in sing story nonabutting buildings; or 2) The A-2 occupancy has occupant load of -298 and is located on a floor other than the level of exit discharge and has an ABDL sh comply by July 1, 201 ~ or 3) Group B Occupancie located on a floor other an the level of exit discharge and which have an ABDL shall comply by July 1, 2 3; or -- 4) Group A-2 Occup cies with an occupancy load of 1 0 or more that have an ABDL: and are" not regulated in 61 or B2 above, prov~ ed: There is a change in bus' ess ownership, defined as the sale, tra fer, or assignment of any legal or'~',~; equitable ownership interest, exc pt that the owner may show to the buildi official's satisfaction -chat said',., change in ownership is one of for and not substance. Exemption: Sin le business occupancies in single story non-abutti buildings. r. II. Section 903.2.1.6 of the BC. Add a new Section 903.2.1.6 as follows: ;~ ~ ~' Section 903.2.1. . An automatic sprinkler system shall be provided through t buildings and' portion; thereof used as new Gr up B occupancies with an ABDL or existing group B occup cy with a new (not a renewal) ABDL located n a floor other than the level of exit discharge. The automatic sp ~nkler system shall be provided throughout a floor area where the new Group B occupancy with an ABDL o where the group B occupancy with a new ABDL is located, and in all floors between the Group B occupancy a d the level of exit discharge. JJ. Section 903.2.2 of the IBC. Delete Section 903.2.2 of the IBC and replace with: 903.2.2 Group B ambulatory health care facilities. An automatic sprinkler system shall be installed throughout all fire areas containing a Group B ambulatory health care facility occupancy. KK. Section 903.3.5.3 of the IBC. Add a new Section 903.3.5.3 in the IBC to read as follows: 903.3.5.3 Water supply safety margin. Provide a minimum 10%, but not less than 5 psi, safety margin above static pressure in the fire protection system hydraulic calculation. LL. Section 903.4.2 of the IBC. Delete Section 903:4.2 of the IBC and replace with: 903.4.2. Alarms. An approved weatherproof horn/strobe device shall be mounted directly above the fire department connection between seven (7) and ten (10) feet in height above grade. The water-flow alarm device shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size Ordinance No. Page 10 installed in the system. Approved and supervised audible visual notification appliances shall be installed on each level of the interior of the building as required by the fire code official and NFPA 72. MM. Section 903.6 of the IBC. Add a new Section 903.6 to the IBC to read as follows: 903.6 Zones. Automatic sprinkler system zones shall not exceed the area permitted by NFPA 13 or NFPA 13R and shall provide a sprinkler control valve and water flow device for each normally occupied floor. NN. Section 906.1 of the IBC. Delete the exception without substitution. 00. Section 906.3 of the IBC. Add a sentence to the end of the section to read as follows: The minimum size and rating of any required portable fire extinguisher for Class A, Class B, or Class C hazard shall be 51b. 2-A, 10-B C. PP. Section 907.2 of the C. Delete the section and replace with: 907.2 Where requi d-new buildings and structures. An approved and address le fire alarm system installed in accordance with provisions of this code and NFPA 72 shall be provid in new buildings and structures in accordance with Se 'ons 907.2.1 through 907.2.23 and provide occupa notification in accordance with 907.6, unless other requiremen are provided by another section of this code. A minimum of one manual fire ala box shall be provided in an approve ocation to initiate a fire alarm signal for fire alarm systems employing tomatic fire detectors or water-flo detection devices. Where other sections of this code allow elimination of alarm boxes due to sprink rs, a single fire alarm box shall be installed. EXCEPTION: 1. The manual fire alarm box is not required r fire alarm stems dedicated to elevator recall control and supervisory service. ~Q. Section 907.2.1 of the IBC. Delete the "excepti 'n Section 907.2.1 in its entirety and insert in lieu hereof t#~e following exceptions: - = 'EXCEPTION: ~_.~F ,~, ~.. K `~ :: ~~.'1) Except for Group A-2 occupancies ith occupant loa of 200 or more, manual fire alarm boxes ~=:v ° aye nofi:required where the building is equipped roughout with an au atic sprinkler system and the alarm =~s~' ~Qtification appliances will activate upon sprin r water flow. e 2) Group A-2. An automatic/m ual fire alarm system shall be i tailed in Group A-2 occupancies ~'~` ~ frith and occupant load of 200 or more. ivation of the fire alarm shall additions cause: - a. Illumination of the otected premises to not less than 10 foot- ndles over the area of the room at a_height of 30 inches above a floor; and b. All conflicting confusing sounds and visual distraction to automatic ly stop. RR. Section 907.2.3 of the IBC. odify by adding a sentence to the end of the first paragrap as follows: New and existing a cational occupancies shall have a monitored fire alarm system. SS. Section 907.2.3 of th BC. Modify by adding a 4th exception as follows: 4. Day ca occupancies classified as Group E Occupancy shall not require a monitore a alarm system unless requir elsewhere in the code. TT. Section 907.2 11"1.2 of the IBC. Modify by adding a fourth location requirement as follows: 4. S ised smoke alarms shall be installed in all common corridors and at the top and bottom of all stairway enclosures in Groups R-2, R-4 and I-1 occupancies. In corridors, detectors shall be located within fifteen (15) feet of the end of the corridor and in such a way that one detector is located for each thirty (30) feet of corridor length or spaced as allowed by the code. UU. Section 907.4.2 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. W. Section 907.6.3 of the IBC. Modify by deleting the exception and inserting in lieu thereof the following exception: Exception: Automatic sprinkler system zones shall not exceed the area permitted by NFPA 13 and shall provide a sprinkler control valve and waterflow device for each normally occupied floor. WW. Section 907.6.3.3 of the IBC. Add a section to read as follows: Section 907.6.3.3 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. Ordinance No. Page 11 XX. Section 907.6.5 of the IBC. Modify Section 907.6.5 by adding two sentences to the end as follows: Each address point identification, shall have an alpha/numeric descriptor location. Alpha/numeric descriptor locations are required to be reported to the Emergency Communications Center upon activation of supervisory and/or alarm conditions as specified by the fire code official. YY. Section 910.1 of the IBC. Delete exception 2 without substitution. ZZ. Section 910.3.2.2 of the IBC. Delete Section 910.3.2.2 and replace with: 910.3.2.2 Sprinklered buildings. Where installed in buildings provided with an approved automatic sprinkler system, smoke and heat vents shall be designed to operate automatically by actuation of a heat- responsive device rated at least 100 degrees F (38 degrees C) above the operating temperature of the sprinkler. Exception: Gravity-operated drop-out vents complying with Section 910.3.2.1. AAA. Section 910.4. of the IBC. Delete section 910.4.3 in its entirety and replace with: 910.4.3 Operati Mechanical smoke exhaust fans sh II be automatically activated by heat detectors having operating characte 'stics equivalent to those described ~ Section 910.3.2. Individual manual controls for each fan unit shall also be p vided. BBB. Section 912.6 of the IBC. dd a new section 912.6 t the IBC to read as follows: 912.6 Size. Minimum a department connec ' n size shall be 2'/2 inch National Standard Thread. CCC. Section 912.7 of the IBC. Add new section 912.7 Water supply. Fired artment co hydrant and both the fire department nnectio department access or as approved by the a co 91 .7 to the IBC to read as follows: nections shall be located not more than 100 feet from a and hydrant shall be located on the same side of the fire official. INSERT "wiggle room" language. DDD. Section 1009.2 of the IBC. Modify by ad g a third exception as follows: EXCEPTION: 3. Stairs within individual dwellin unit of Residential Group R occupancies that existed prior to 8/28/02 (adoption of the 2000 IRC) are per fitted a 7 inch headroom clearance. EEE. Section 1022.3 of the IBC. Modify S ction 1022.3 b adding a fourth unnumbered paragraph as follows: Fire door assemblies in exit enclosu s of R-2 occupa ies shall also be automatic closing by actuation of a smoke detector. FFF. Section 1028.2 of the IBC.. Mo ify by deleting the exception nd adding two new exceptions as follows: EXCEPTION: 1) Except for Group A-2, in assembly occupancies ere there is no well-defined main exit or where multiple main exits are p vided, exits shall be permitted to b distributed around the perimeter of the building provided that the total w dth of egress is not less than 100 perce of the required width. 2) The main entr ce/exit of A-2 occupancies shall be of a w th that accommodates not less than two-thirds of the total occupa load. GGG.. Section 1029.1 of the BC. Modify by deleting the exceptions and, inserting i lieu thereof the following: EXCEPTIONS: 1. The eme ency escape and rescue opening is permitted to open o o a balcony withio:,~n atriwrn in accordance with the equirements of Section 404 provided the balcony provide access to an expt and"tom dwelling unit or sleepin room has a means of egress that is not open to the atrium. '-.J 2. High ise buildings in accordance with Section 403. - -~ "LL~ 3. Emergency escape and rescue openings are not required from basementsor, sleeping rodrrT that have an exit door or exit access door that opens directly into a public way or to a yard, cairn` or exterior exit balcony that opens to a public way. - `~ HHH. Section 1029.1.1 of the IBC. Add a new Section 1029.1.1 in the IBC as follows: 1026.1.1 Location. The emergency escape and rescue opening in anon-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. Ordinance No. Page 12 III. Section 1029.3 of the IBC. Modify by adding an exception as follows: EXCEPTION: For emergency escape and rescue openings required for the remodeling or finishing of space in an existing basement, the maximum sill height may be measured from an elevated landing not less than 36 inches wide, not less than 18 inches out from the interior finish of the exterior wall and not more than 24 inches in height. The landing shall be permanently affixed to the floor below and the wall under the window it serves. JJJ. Section 1029.4 of the IBC. Delete Section 1029.4 and insert in lieu thereof the following: 1029.4 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 1029.2 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 907.2.11 regardless of the valuation of the alteration. KKK. Section 1029.6 of the IBC. Add a new Section 1029.6 to the IBC to read as follows: Section 102. .Emergency escape windows under decks and porches. Emer ncy escape windows are allowed to be installe der decks and porches provided the location of the de allows the emergency escape window to be fully open and provides a path not less than 36 inches in hei to a yard or court. LLL. Chapter 11 of the IRC. Delete Ch er 11 in its entirety and insert in lieu th of the following: Chapter 11 Energy Efficiency, ction N1101. Energy efficiency f r the design and construction of building regulated by this code shall be as req 'red by 661-303 of the Iowa ate Administrative Code. MMM. Chapter 11 of the IBC. Delete Chapter 11 in i entirety and inse in lieu thereof the following: Chapter 11 Accessibility, Section 1101. Buil s or portio of buildings shall be accessible to persons with disabilities as required by 661-302 of the Iowa State A inistra ~ e Code. NNN. Section 1209.2 of the IBC. Modify by adding a second un ered paragraph as follows: 1209.2 Attic spaces. The opening shall be loca d in a orridor, hallway, or other readily accessible location. The opening shall not be located in a closet, bat om, mecha ' al room, laundry room, or similar room or location. Attics with a maximum vertical height of less th thirty inches nee of be provided with access openings. 000. Chapter 13 of the IBC. Delete Chapter 13 i is entirety and insert in lieu reof the following: Chapter 13 Energy Efficiency, Sect' n 1301. Energy efficiency for th design and construction of building regulated by this code shall be as re ered by 661-303 of the Iowa State Adm 'strative Code. ~•"~ PPP. erection 1403.5 and 1403.6 of th IBC. Delete Sections 1403.5 and 1403.6 of the C and insert in lieu .~theraot fhe following: ~' Section 1403.5. See Title 1 ,Chapter 5, Article J Flood Plain Management Standards in e City Code. r~,QQQ.~ Section 1405.13.2 of the IB .Delete Section 1405.13.2 of the IBC. i t='°RRR. Section 1612 of the IBC elete Section 1612 of the IBC and insert in lieu thereof the following: Section 1612. Se itle 14, Chapter 5 Article J Flood Plain Management Standards in the City Code. (. `. ,' `` SSS. Section G2406.2 3.3 Prohibited locations of the IRC. Modify by deleting exceptions 3 and 4. TTT. Section G2415~1" (404.1) Prohibited locations of the IRC. Modify by deleting the last sentence. UUU. Part VII 9fumbinq, Chapters 25 through 33 inclusive of the IRC. Delete Part VII Plumbing Chapters 25 through 33 inclusive of the IRC and insert the following: Part VII Plumbing, Chapter 25 Section P2501 GENERAL P2501.1 Scope. Plumbing systems shall comply with Title 17, Chapter 2, of the Iowa City Code. VW. Chapter 27 of the IBC. Delete Chapter 27 of the IBC and insert the following: Chapter 27 Electrical Section 2701.1 Scope. Electrical systems shall comply with Title 17, Chapter 3, of the lows City Code. WWW. Chapter 29 of the IBC. Delete Chapter 29 of the IBC and insert the following: Ordinance No. Page 13 Chapter 29 Plumbing Systems Section 2901.1 Scope. Plumbing systems shall comply with Title 17, Chapter 2, of the Iowa City Code. XXX. Section 3002.4 of the IBC. Delete Section 3002.4 of the IBC and insert in lieu thereof the following: 3002.4 Elevator car to accommodate ambulance stretcher. In buildings four or more stories above, or four or more stories below, grade plane, at least one elevator shall be provided for fire department emergency access to all floors. The elevator car shall be of such a size and arrangement t ccommodate an ambulance stret , r 23 inches by 84 inches (610 mm by 2134 mm) with not less than 5-inch (1 mm) radius corners, in the h rizontal, open position and shall be identified by the international symbol for emer ncy medical services (sta of life). The symbol shall not be less than 3 inches (76 mm) high and shall be placed in ide on both sides of th hoistway door frame. YYY. Part VIII Electrical Cha ters 4 throu h 43 in usive of the IRC. Delete Part VIII Electrical Chapters 34 through 43 inclusive of the IRC and in rt the following Part VIII Electrical, Chapter 3 Section E3301 GENERAL E3401.1 Applicability. Electricals stems all comply with Title 17, Chapter 3, of the Iowa City Code. ZZZ. Section 3412.2 of the IBC. Delete the firs a tence of Section 3412.2 and insert in lieu thereof the following:. 3412.2 Applicability. Structures existi prior to effective date of this ordinance and in which there is work involving additions, alterations or change occupancy shall be made to conform to the requirements of this section or the provisions of Sections 3403 rou 3409. 17-1-4: Penalties for violations: Violati n of this aper shall be a municipal infraction punishable by a penalty as provided for in subsection 1-4-2D the City Cod SECTION III. EFFECTIVE DATE. Th' Ordinance shall in effect January 1, 2010, after final passage, approval and publication as provided by la . Passed and approved this day of , 20 MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office hisbdglord/2009bldgcode amend/2009 IB IRC visitability.doc •~J ,.~.! 1~ iI 6 ~. .:..~ Prepared by: Tim Hennes & Bernie Osvald, HIS, 410 E. Washington St., Iowa City, IA 52240; 319-356-5122 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 17, CHAPTER 2, BY ADOPTING THE UNIFORM PLUMBING CODE, 2009 EDITION, 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 2009 Edition of the Uniform Plumbing Code as published 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; and to provide for its enforcement. SECTION II. Sections 17-2-1, 17-2-2, 17-2-3, 17-2-4, 17-2-5 and 17-2-6 of the Iowa City City Code are hereby repealed and the following new Sections 17-2-1, 17-2-2, 17-2-3, 17-2-4, 17-2-5, 17-2-6 and 17-2-7 are enacted in lieu thereof. 17-2-1: Code Adopted: Subject to the following amendments, Chapters 1 through 16 of the 2009 edition of the Uniform Plumbing Code (UPC) is hereby adopted and shall be known as the Iowa City Plumbing Code or the Plumbing Code. Interpretations of the Building Official may be guided by publications of the International Association of Plumbing and Mechanical Officials, or the International Existing Building Code. 17-2-2: Interpretations of the Plumbing 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 ordinances shall be applicable. 17-2-3: AMENDMENTS TO CODE: The following sections of the 2009 edition of the Uniform Plumbing Code are 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. Violation of any provision of this ordinance is a municipal infraction. Delete Section 102.3.2 in its entirety Delete Section 103.1.1 in its entirety and insert in lieu thereof the following: 103.1.1 Permits Required. It shall be unlawful for any person, firm or corporation to make any installation, alteration, repair, replacement or remodel any plumbing system or fire sprinkler system regulated by this Code except as permitted in Section 103.1.2, or to cause the same to be done without first obtaining a separate plumbing permit for each separate building or structure. Add Section 103.1.2.3 103.1.2.3 The replacement or removal and reinstallation of any fixture or appliance, provided, however, that the fixture or appliance is installed at the same location and it is not necessary to remove, replace, alter, or install any piping. Exemption from the permit requirements of this Code shall not be deemed to grant authorization for any work to be done in violation of the provisions of the Code or any other laws or ordinances of this jurisdiction. 103.1.3 Licensing Delete Section 103.1.3 and insert in lieu thereof the following: See Section 17-11 of the Iowa City Code of Ordinances . Ordinance No. Page No. 2 103.2 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 or to any plumbing company which employs a duly licensed master plumber on afull-time basis. 2. A permit may be issued to the owner of an existing owner-occupied single-family dwelling, pursuant to a valid certificate of occupancy and used exclusively for residential purposes, to do any work regulated by this Article in connection with said dwelling and accessory buildings. The owner must personally purchase all material and perform all labor in connection therewith. All work shall comply with this Article. 3. A permit may be issued to the holder of a valid sewer and water service installer's license for the installation of a building sewer and water service only. 4. A permit may be issued for the installation of gas piping to any person holding a valid gas pipe installer's license or to any company which employs a duly licensed gas pipe installer. 5. A permit may be issued to the holder of a valid fire sprinkler installer's license for the installation of fire sprinkler systems provided the licensee is employed by a fire sprinkler contractor with either at least one NICET Level III certified person or an engineer licensed in the State of Iowa with experience in fire protection sprinkler systems on staff. Add Section 103.2.5 Insurance Required: Before a permit to perform plumbing work may be issued, the applicant shall have on file with the Authority Having Jurisdiction a copy of a certificate of insurance stating the liability amounts established by resolution of the City Council, and the City shall be named as an additional insured. The policy shall also provide for at least thirty (30) calendar days' notice by the insurer to the City of termination of the policy by the insured or insurer. Plumbing permits issued under Subsection 103.2.4-2 shall be exempted from this insurance requirement. 103.4 Fees Delete Sections 103.4.1 and 103.4.2 and add Section 103.4 as follows: 103.4 Fees: All applicants shall pay the proper permit and inspection fees as established by resolution of the City Council. 103.4.4 Investigation Fees: Work Without a Permit. Delete Section 103.4.4 in its entirety and insert in lieu thereof the following: 103.4.4 Work commencing before permit issuance: Any person who commences work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee equal to the amount of the permit if a permit were issued. This fee shall be collected whether or not a permit is issued. The payment of such fee shall not exempt any person from compliance with all other provisions of this Code or from any penalty prescribed by law. Only the Building Official may reduce this fee when it is demonstrated that an emergency existed that required the work to be done without a permit. 103.4.5 Fee Refunds. Delete Section 103.4.5 in its entirety and insert in lieu thereof the following: 103.4.5 Refunds. The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee within one hundred eighty (180) days from the date of fee payment. 103.9 Appeals Add a new Section 103.9 appeals as follows: See Section 17-12 Appeals. Section 202.0 Section 202.0 is amended by adding the following definitions: Fire Sprinkler Installer -any person licensed to install only fire sprinkler systems. Gas pipe installer -any person licensed to install only the piping to distribute fuel gas from the gas meter to the gas outlets. Plumber, apprentice -any person who works under the supervision and guidance of a skilled 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. Ordinance No. Page No. 3 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 412.0 Delete Section 412.1 and Table 4-1 in its entirety and insert in lieu thereof the following: 412.1 Every building intended for human occupancy shall be provided with sanitary facilities as required by this Section and Table 4-1. The occupant load used to determine the minimum number of sanitary fixtures shall be the occupant load established by the 2009 International Building Code in Section 1004 and Table 1004.1.1. The established occupant load shall be assumed to be one-half ('/z) male and one-half ('/~) female unless sufficient evidence to the contrary is supplied to the Authority Having Jurisdiction. Exception: When toilet facilities are provided for employees only, the occupant load shall be the actual number of employees on the largest shift. Delete Section 412.3 in its entirety and insert in lieu thereof the following: 412.3 Separate Facilities Separate toilet facilities shall be provided for each sex. Exceptions: (1) Residential installations. (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. (3) In business and mercantile occupancies with a total floor area of three thousand (3,000) square feet or less, one toilet facility, designed for use by no more than one (1) person at a time, shall satisfy the requirements for serving customers and employees of both sexes. Ordinance No. Page No. 4 Table 4-1' Fixtures Per Person' Type of Buildingz Water Closets/Urinals9 Lavatories6 Bathtubs Drinking3 or Fountains or Occupancy Showers Male Female Male Female For employee or staff use in all 1:1-15 1:1-15 1 for each 2 water closets 1:30-150 occupancies except industrial 2:16-35 2:16-35 or urinals And one for warehouses, workshops, facto- 3:36-55 3:36-55 each ties, foundries and similar es- additional tablishments. 300 persons Over 55, add 1 fixture for each additional 40 persons. For employee or staff use in in- 1:1-10 1:1-10 1 for each 2 water closets 1 per 150 dustrial warehouses, work- 2:11-25 2:11-25 or urinals shops, factories, foundries and 3:26-50 3:26-50 similar establishments. 4:51-75 4:51-75 5:76-100 5:76-100 Over 100, add 1 fixture for each additional 30 persons For public use within 1:1-30 1:1-15 1:1-75 1:1-30 Assembly places, i.e. 2:31-75 2:16-30 2:76-200 2:31-100 1: 1-150 auditoriums, etc. theaters 3:76-125 3:31-50 3:201-400 3:101-200 , 4:126-200 4:51-100 4:201-300 2: 151-400 5:201-300 5:101-150 5:301-400 3: 401-750 6:301-400 6:151-200 7:201-250 and one 8:251-300 additional 9:301-350 fixture for 10:351-400 each additional 500 persons Over 400, add Over 400, add Over 400, add 1 fixture per 1 fixture for 1 fixture for 400 persons each 200 each 125 fe- males males Dormitories -school or labor 1 per 10 1 per 8 1 per 12 1 per 1 ~ 1 per 8 1 per 150 Add 1 fixture Add 1 fixture Over 12, Over 12, Over 150, for each 25 for each 20 add 1 per add 1 for add 1 per males over 10 females over 8 each 20 each 20 20 males females Hospitals Individual room 1 per room 1 per room 1 per room Ward room 1 per 8 beds 1 per 10 beds 1 per 20 beds Institutional -other than hos- 1 per 25 1 per 20 1 per 10 1 per 10 1 per 8 1 per 150 pitals or penal institutions Ordinance No. Page No. 5 Office or public buildings For public use within office or 1:1-50 1:1-15 1 for each 2 water closets 1 for 7- 150 public buildings10 2:51-100 2:16-35 or urinals and one for 3:101-150 3:36-55 each 300 additional 4:151-200 4:55-100 persons 5:201-400 5:101-150 6:151-200 7:201-250 8:251-300 9:300-350 10:351-400 Over 400, add one fixture for each additional 500 males and one for each 150 females For employees or staff in office 1:1-15 1:1-15 1 for each 2 1:30-150 or public building 2:16-35 water And one for 3:36-55 closets or each 2:16-35 urinals additional 3:36-55 300 persons Wholesale and retail stores 1:1-250 1:1-250 1 for each 2 water closets 1 for each 2:250-500 2:250-400 or urinals pair of 3:501-750 3:401-600 restroom 4:751-1,000 4:601-800 facilities 5:801-1,000 Over 1,000 Over 1,000 add 1 fixture add 1 fixture for each addi- for each addi- tional 500 tional 400 fe- males males Restaurantse which do not 1:1-50 1:1-50 1 for each 2 water closets serve alcohol 2:51-100 2:51-100 or urinals 3:101-175 3:101-175 4:176-300 4:176-300 Over 300, add 1 fixture per 200 additional persons Restaurantsa which serve 1:1-30 1:1-30 1 for each 2 water closets alcohol, pubs and lounges 2:31-60 2:31-60 or urinals 3:61-100 3:61-100 4:101-150 4:101-130 5:151-200 5:131-160 6:201-275 6:161-200 7:276-400 7:201-300 8:301-400 Over 400, add Over 400, add 1 fixture for 1 fixture for each 175 each 150 fe- males males Ordinance No. Page No. 6 Schools -for student use: Nursery 1:1-20 1:1-20 1:1-25 1:1-25 1 per 150 2:21-50 2:21-50 2:26-50 2:26-50 Over 50, add 1 fixture for each Over 50, add 1 fixture each additional 50 persons additional 50 persons Elementary 1 per 25 1 per 25 1 per 35 1 per 35 1 per 150 Secondary 1 per 30 1 per 30 1 per 40 1 per 40 1 per 150 Others (colleges, universities, 1 per 30 1 per 30 1 per 40 1 per 40 1 per 150 etc.) Worship places: Educational and activities unit 1 per 125 1 per 125 1 for each 2 water closets 1 per 150 or urinals And one for each additional 300 persons Principal assembly place 1 per 150 1 per 150 1 for each 2 water closets 1 per 150 or urinals And one for each additional 300 persons Dwellings:a,s Single-family 1 per dwelling 1 per water closet 1 per dwell- ing Multi-family 1 per dwelling unit 1 per water closet 1 per dwell- ing unit Penal institutions: Cell 1 per cell 1 per cell 1 per floor Exercise room 1 per exercise room 1 per room 1 per room Notes to Table 4-1: 1. Interpretation of Figures: The figures shown are based upon one fixture being the minimum required for the number of persons indicated. 2. Building Categories: Building categories not shown on this Table shall be considered separately by the Authority Having Jurisdiction. 3. Drinking Fountains Required: There shall be a minimum of 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. A drinking fountain shall not be required in occupancies of 30 or less. Drinking Fountains Prohibited: Drinking fountains shall not be installed in toilet rooms. 4. Laundry Facilities: One automatic washer standpipe for each dwelling unit for single-family or duplex. For multi-family apartment buildings, one standpipe for each ten (10) apartments or fraction thereof. 5. Kitchen Sinks: One (1) for each dwelling unit. 6. Washbasins: Twenty-four (24) lineal inches (609mm) of wash sink or eighteen (18) inches (456mm) of a circular basin shall be considered equivalent to one lavatory when provided with water outlets for such space. Ordinance No. Page No. 7 7. General Provisions: In applying this schedule of facilities, consideration must be given to the accessibility of the fixtures. Purely numeric conformity may not result in an installation suited to the need of the individual establishment. For example: Schools should be provided with toilet facilities on each floor having classrooms and in temporary working facilities, one water closet for each thirty (30) persons. 8. Restaurants: A restaurant is defined as a business which sells food to be consumed on the premises. Employee toilet facilities are not to be included in the above restaurant requirements. Hand washing facilities must be available in the kitchen for employees. 9. Whenever urinals are provided, the total number of fixtures required may be a combination of water closets and urinals. The number of water closets in such cases shall not be reduced to less than one- third (1/3) of the total number required. 10. For smaller-type Public and Professional Offices such as banks, dental offices, law offices, real estate offices, and similar uses. A public area in these offices shall use the requirements for Retail or Wholesale Stores. Section 603.2.3 is deleted Delete Section 604.2 in its entirety and insert in lieu thereof the following 604.2 Copper tube for water piping shall have a weight of not less than Type M copper tubing. Exception: Copper tube for underground water piping shall have a weight of not less than Type K copper tubing. Delete Section 605.2 in its entirety and insert in lieu thereof the following: 605.2 Independent fullway valves shall be installed on the supply and discharge sides of each water meter. Water piping supplying more than one building on any one premises shall be supplied with separate fullway valves to each building. Such shutoff valves shall be accessible at all times. A fullway valve shall be installed on the discharge piping from water supply tanks at or near the tank. A fullway valve shall be installed on the cold water supply pipe to each water heater at or near the water heater. Delete Section 701.1.4 in its entirety and insert in lieu thereof the following: 701.1.4 Copper tube for underground drainage and vent piping shall have a weight of not less than that of copper tube Type L. Add New Section 701.1.5 as follows: 701..1.5 Copper tube for aboveground drainage and vent piping shall have a weight of not less than that of copper tubing Type M. Exception: Type DWV may be used in one and two-family dwellings. Section 703.1 Delete Section 703.1 in its entirety and insert in lieu thereof the following: 703.1 The minimum sizes of vertical and/or horizontal drainage piping shall be determined from the total of all fixture units connected thereto, and additionally, in the case of vertical drainage pipes, in accordance with their length. There shall be at least one four (4)-inch (100mm) drain pipe from the sewer to the main drainage stack and no underground drainage piping shall be less than two (2) inches (50mm) in diameter. Section 710.1 Delete Section 710.1 in its entirety and insert in lieu thereof the following: 710.1 Drainage piping serving fixtures, the flood level rims of which are located below the elevation of the curb or property line at the point where the building sewer crosses under the curb or property line and above the crown level of the main sewer, shall drain by gravity into the main sewer and shall be protected from backflow of sewage by installing an approved type backwater valve, and each such backwater valve shall be installed only in that branch or section of the drainage system which receives the discharge from fixtures located below the elevation of the curb or property line. The requirements of this subsection shall apply only when it is determined necessary by the Authority Having Jurisdiction or the engineers of the governing body, based on local conditions. Section 717.0 Section 717.0 is amended by adding the following sentence to the end of the section: The minimum size of any building sewer shall be four (4) inches (100mm). Ordinance No. Page No. 8 Section 807.4 Delete Section 807.4 in its entirety and insert in lieu thereof the following: 807.4 No domestic dishwashing machine shall be directly connected to a drainage system or food waste disposer unless an approved dishwasher air gap 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 their entirety and insert in lieu thereof the following: 903.2.1 Copper tube for underground vent piping shall have a weight of not less than that of copper tube Type L. 903.2.2 Copper tube for aboveground vent piping shall have a weight of not less than that of copper tube Type M. Exception: Type DWV may be used in one and two-family dwellings. Section 904.1 Section 904.1 is amended by adding the following sentences to the end of the paragraph: Each building shall have a vent stack or stack vent equal in size or larger than the required building sewer that shall extend through the roof undiminished in size. In residential buildings of four (4) stories or less, athree-inch vent stack or stack vent shall be permitted. Residential buildings shall include hotels and motels. Section 905.7 New Section 905.7 is added to read as follows: 905.7 In all new residential construction with a .basement, at least one two-inch (2") dry vent shall be available in the basement. 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) 1'/4 ................................................................................ 5 1'/z ................................................................................ 6 2 ................................................................................... 8 3 ................................................................................. 12 4 and larger ............................................................... 12 Slope shall be one-quarter inch ('/d') per foot. "The developed length between the trap of a water closet or similar fixture (measured from the top of closet ring to inner edge of vent) and its vent shall not exceed six feet (6'). Section 1205.3 Delete Section 1205.3 in its entirety and insert in lieu thereof the following: Ordinance No. Page No. 9 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 Authority Having Jurisdiction. Section 1211.3.2 is amended by adding the following to the end of the section: (5) Fittings for CSST systems shall not be installed in concealed locations. 17-2-4: 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 1(a). c. Auxiliary water supply. Any water supply on or available to the premises other than the approved water provider of public water such as, but not limited to, a private well, pond or river. d. Containment. A method of backflow prevention which requires the installation of a backflow prevention assembly at the water service entrance. e. Cross connection. Any connection or arrangement between a potable water supply system and any plumbing fixture or tank, receptacle, equipment or device, through which it may be possible for nonpotable, used, unclean, polluted and contaminated water or other substance to enter into any part of such potable water system under any condition. f. Customer. The owner, operator or occupant of a building or a property or of a private water system which has a water service from a public water system. g. Degree of hazard. The rating of a cross connection or water service which indicates the potential to cause contamination or pollution. h. Double check valve backflow prevention assembly. A backflow prevention device consisting of two (2) independently acting, internally loaded check valves, four (4) properly located test plugs and two (2) isolation valves. (Backflow prevention assembly used for low hazard.) i. High hazard cross connection. Across 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. Across connection which may impair the quality of potable water to a degree which does not create a hazard to public health but which does adversely and unreasonably affect the aesthetic qualities of such potable water for domestic use. I. Reduced pressure principle backflow prevention assembly. A backflow prevention device consisting of two (2) independently-acting, internally-loaded check valves, a differential pressure relief valve, four (4) properly located test plugs and two (2) isolation valves. (Backflow prevention assembly used for high hazard. ) m. Registered backflow prevention assembly technician. A person registered with the Iowa State Health Department or its successor agency to test or repair backflow prevention assemblies and to report on the condition of those assemblies. n. Thermal expansion. Volumetric increase of water due to heating resulting in increased pressure in a closed system. o. Water service. Depending on the context, water service is the physical connection between a public water system and a customer's building, property or private water system or the act of providing potable water to a customer. 2. Authority Having Jurisdiction. a. For the purposes of 17-2-3 only, the Authority Having Jurisdiction is the City Council acting through such persons or agencies the City Council shall designate. Ordinance No. Page No. 10 b. The Authority Having Jurisdiction shall have the right to enter any property to inspect for possible cross connection, upon consent of the customer or upon a search warrant issued by a court of appropriate jurisdiction. c. The Authority Having Jurisdiction may collect fees for the administration of this program. Fees shall be established by resolution of the City Council. d. The Authority Having Jurisdiction shall maintain records of cross connection hazard surveys and of the installation, testing and repair of all backflow prevention assemblies installed in this City. 3. New water services. a. Plans shall be submitted by the contractor to the Authority Having Jurisdiction for review of all new water services to determine the degree of hazard before a permit is issued. b. The Authority Having Jurisdiction shall determine the type of backflow prevention assembly required for containment based on the degree of hazard. c. The Authority Having Jurisdiction shall require the installation of the appropriate backflow prevention assembly for containment before the initiation of water service. 4. Existing water services. a. Upgrades of existing water services shall be treated as new water services for the purpose of 17-2-3. b. The Authority Having Jurisdiction shall publish and make available to each customer a copy of standards used to determine the degree of hazard. c. After publication of the standards, the Authority Having Jurisdiction shall give written notice of the provisions of this Section to customers whose premises are classified as single-family residential. d. Customers whose premises are not regulated by the IRC shall be notified that an on-premise survey will be conducted by the Authority Having Jurisdiction to determine the type and degree of any hazards to the potable water system. e. The Authority Having Jurisdiction shall determine the type of backflow prevention assembly required for containment based on the degree of hazard, as determined from information received from customers or gathered through on-premises investigations or surveys. f. Within the time frame specified, in writing, by the Authority Having Jurisdiction, the customer shall install a backflow prevention assembly for isolation and containment as required by the Authority Having Jurisdiction. g. For existing water services, the Authority Having Jurisdiction may inspect the premises to determine the degree of hazard. When high hazard cross connections are found, the administrative authority shall, at its sole discretion: 1) develop a schedule of compliance which the customer shall follow or 2) terminate the water service until a backflow prevention assembly for containment required by the Authority Having Jurisdiction has been installed. h. Failure of the Authority Having Jurisdiction to notify a customer that said customer is believed to have a high hazard cross connection and that said customer shall install backflow prevention assemblies for containment in no way relieves a customer of the responsibility to comply with all requirements of this Section. 5. Customer. a. The customer shall be responsible for ensuring that no cross connections exist without approved backflow protection within the customer's premises starting at the point of service from the public potable water system. b. The customer shall, at the customer's own expense, cause installation, operation, testing and maintenance of the backflow prevention assemblies required by the Authority Having Jurisdiction. c. The customer shall ensure the Authority Having Jurisdiction is provided with copies of records of the installation and of all tests and repairs made to the backflow prevention assembly on the approved form within fifteen (15) calendar days after testing and/or repairs are completed. d. If a backflow incident occurs, the customer shall immediately notify the City of Iowa City Water Division, the City of Iowa City Backflow Prevention Coordinator, and/or the City of Iowa City Plumbing Inspector and take steps to confine the contamination or pollution. 6. Required backflow prevention assemblies for containment -water services. a. A water service having one or more cross connections which the Authority Having Jurisdiction classifies as high hazard shall have an approved air gap or an approved reduced pressure principle backflow prevention assembly. b. Water services having no high hazard cross connections but having one or more cross connections which the Authority Having Jurisdiction has classified as low hazard shall have an approved double check valve assembly. Ordinance No. Page No. 11 7. Required backflow prevention assemblies for containment -fire protection systems. a. A reduced pressure principle backflow prevention assembly shall be installed on all new and existing fire protection systems which the Authority Having Jurisdiction determines to have any of the following: 1. Direct connections from public water mains with an auxiliary water supply on the premises or available to the premises for pumper connection. 2. Interconnections with auxiliary water supplies, such as reservoirs, rivers, ponds, wells, mills or other industrial water systems. 3. Antifreezes or other additives in the fire protection system. 4. Combined industrial and fire protection systems supplied solely from the public water mains, with or without gravity storage or pump suction tanks. 5. Any other facility, connection or condition which may cause contamination. b. All other fire protection systems shall have a double check valve assembly. The double check valve shall be required on all new systems at the time of installation and on existing systems when they are upgraded. 8. Backflow prevention assembly technicians. a. Any person who tests or repairs backflow prevention assemblies shall be registered by the Iowa State Health Department or its successor agency. b. A backflow prevention assembly technician registered by the State shall include the technician's registration number on all correspondence and forms required by or associated with this Section. 9. Installation of backflow prevention assemblies. a. All backflow prevention assemblies shall be installed so that they are accessible for testing as stated in Section 603.1 of 2009 UPC. b. The required backflow prevention assemblies for containment shall be installed in horizontal plumbing immediately following the meter or as close to that location as deemed practical by the administrative authority. In any case, it shall be located upstream from any branch piping. Installation at this point does not eliminate the responsibility of the customer to protect the water supply system from contamination or pollution between the backflow prevention assembly and the water main. c. If interruption of water service during testing and repair of backflow prevention assemblies for containment is unacceptable to the customer, two (2) backflow prevention assemblies, sized to handle the temporary water flow need during the time of test or repair, should be installed in parallel piping. d. All newly installed shut-off valves shall conform to the requirements for either ball or resilient seat gate valves published in the current edition of the Manual of Cross-Connection Control (University of Southern California), as amended. Ball valves shall be used on assemblies installed in piping two inches (2") and smaller, and resilient seat gate valves shall be used on assemblies installed in piping larger than two inches (2"). 10. Testing of backflow prevention assemblies. a. Backflow prevention assemblies shall be tested by a registered backflow prevention assembly technician, and the costs of tests required by this Section shall be paid by the customer. b. Backflow prevention assemblies shall be tested upon installation and shall be tested and inspected at least annually thereafter. c. Backflow prevention assemblies which are in place but which have been out of operation for more than three (3) months shall be tested before operation resumes. Backflow prevention assemblies used in seasonal applications shall be tested before operation resumes each season. d. Any backflow prevention assembly which fails a periodic test shall be repaired or replaced. When water service has been terminated for noncompliance, the backflow prevention assembly shall be repaired or replaced prior to the resumption of water service. Backflow prevention assemblies shall be retested by a registered backflow prevention assembly technician after repair or replacement. e. The registered backflow prevention assembly technician shall report the assembly within fifteen (15) calendar days of the test to the customer and to the Authority Having Jurisdiction on the form provided by the Authority Having Jurisdiction. f. The Authority Having Jurisdiction may require, at its own cost, additional tests of individual backflow prevention assemblies as it shall deem necessary to verify test procedures and results. 11. Repair of backflow prevention assemblies. a. All repairs to backflow prevention assemblies shall be performed by registered backflow prevention assembly technicians. b. The registered backflow prevention assembly technician shall not change or modify the design, material or operational characteristics of a backflow prevention assembly during repair or maintenance and shall use only original manufacturer replacement parts. Ordinance No. Page No. 12 c. The registered backflow prevention assembly technician shall report the repair of a backflow prevention assembly within fifteen (15) calendar days of the repair to the customer and to the Authority Having Jurisdiction on the form provided by the Authority Having Jurisdiction. The report shall include the list of materials or replacement parts used and shall summarize the work performed. 12. Customer noncompliance. Water service may be discontinued if a customer fails to comply with Section 17-2-3. Noncompliance includes, but is not limited to, the following: a. A customer's refusal to grant access to the property for the purpose of performing inspections required by this Section. b. Removal of a backflow prevention assembly which has been required by the Authority Having Jurisdiction. c. Bypassing a backflow prevention assembly which has been required by the Authority Having Jurisdiction. d. Providing inadequate backflow prevention when cross connections exist. e. Failure to install, test and/or properly repair a backflow prevention assembly which has been required by the Authority Having Jurisdiction. f. Failure to comply with the requirements of this Section. g. Deliberate falsification of documentation concerning the backflow prevention assemblies or possible cross connections. 13. Backflow Testing Equipment shall be calibrated by the manufacturer or certified gage calibration company every two years or sooner if recommended by the manufacturer. 17-2-5: 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 afour-inch (4") connection. All materials used for vents and waste lines shall conform with the other provisions of this Code. The trap shall be constructed of cast iron, cement or hard burned brick laid in cement mortar with an accessible iron cover. Any place of business where gasoline, benzine, naphtha or other inflammable solutions or compounds are used or kept shall be provided with special drains in the same manner as those required for garages. Such drains and traps must be approved by the Administrative Authority. Exception: In garages regulated by the Building Code the trap may be constructed with other watertight materials and the drain may be piped with two (2) inch PVC as approved by the Authority Having Jurisdiction. 17-2-6: CONNECTIONS TO THE PUBLIC SANITARY SEWER: A. The junction pieces, slants or wyes built into the sanitary sewer during construction must be used for connecting all private sewers or house drains unless special permission to use other means is endorsed on the permit. Before making a connection to the public sewer, the plumber shall excavate and clear a trench at the point of connection. The actual connection with said junction piece, slant or wye must be made in the presence of the Authority Having Jurisdiction. The cover on the wye branch on the sewer should be carefully removed to prevent injury to the socket. B. If there is no junction piece, slant 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. Ordinance No. Page No. 13 17-2-7: Penalties for Violations: Violations of this chapter shall be a municipal infraction punishable by a penalty as provided for in subsection 1-4-2D of the Ciry Code. SECTION III. EFFECTIVE DATE. This Ordinance shall be in effect January 1,2010. Passed and approved this day of , 2009. MAYOR ATTEST: CITY CLERK Approved by: + ( rF f City Attorney's Office hisblg/ord/2009 code amendmentsl2009 plumbing code.doc Ordinance No. Page It was moved by and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright First Consideration 11 / 17 / 2009 Vote for passage: AYES: Hayek, O'Donnell, NAYS: None. ABSENT: Correia. Second Consideration Vote for passage: that the Ordinance Wilburn, Wright, Bailey, Champion. Date published Prepared by: Tim Hennes & Bernie Osvald, HIS, 410 E. Washington St., Iowa City, IA 52240; 319-356-5122 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 17, CHAPTER 2, BY ADOPTING THE UNIFORM PLUMBING CODE, 009 EDITION, AND PROVIDING FOR CERTAIN AMENDMENTS THEREOF; TO PROVIDE FOR E PROTECTION OF THE HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF IOWA CI ,IOWA. BE IT ORDAINED BY THE CI OUNCIL OF THE CITY SECTION I. PURPOSE. Th purpose of this ordin~ Plumbing Code as published by the International Associa provide certain amendments thereof; o provide for the p citizens of Iowa City, Iowa; and to provi for its enforcem SECTION II. Sections 17-2-1, 17-2-2, 17-2-3, 17-2-4~ hereby repealed and the following new Se tions 17-2- . are enacted in lieu thereof. 17-2-1: Code Adopted: Subject to the foll wi of the Uniform Plumbing Code (UPC) is hereby or the Plumbing Code. Interpretations of the International Association of Plumbing and Mecha 17-2-2: Interpretations of the Plumbing Co be the minimum requirements adopted for the p Iowa City. Any higher standards in the state sta 17-2-3: AMENDMENTS TO CODE: The f II Code are amended as follows: IOWA CITY, IOWA: is to adopt the 2009 Edition of the Uniform of Plumbing and Mechanical Officials, and to ;tion of the health, welfare, and safety of the 17-2-5 and 17-2-6 of the Iowa City City Code are 17-2-2, 17-2-3, 17-2-4, 17-2-5, 17-2-6 and 17-2-7 ng endments, Chapters 1 through 16 of the 2009 edition dop ed and shall be known as the Iowa City Plumbing Code ilding Official may be guided by publications of the ni I Officials, or the International Existing Building Code. e rovisions: The provisions of this Code shall be held to otec 'on of the health, safety and welfare of the citizens of to or ordinances shall be applicable. owing s tions of the 2009 edition of the Uniform Plumbing Delete Section 101.5.6 in its entirety and ins rt in lieu thereof t following: 101.5.6 Moved Buildings. Plumbing syst ms which are part buildings or structures moved within or into this jurisdiction shall comply with the rovisions of this Code or new installations except as provided for in Section 103.5.5.2. Delete Section 102.3.1 in its entirety an insert in lieu thereof the folio ~ g: 102.3.1 Violations. It shall be unlawf I for any person, firm or corpora 'on to erect, construct, enlarge, alter, repair, move, improve, remove convert, demolish, equip, use, or aintain any plumbing or permit the same to be done in violation of is Code. Violation of any provision o this ordinance is a municipal infraction. Delete Section 102.3.2 in its Delete Section 103.1.1 in its e irety and insert in lieu thereof the following: 103.1.1 Permits Required. I shall be unlawful for any person, firm or corporation t make any installation, alteration, repair, replaceme t or remodel any plumbing system or fire sprinkler syst regulated by this Code except as permitted i Section 103.1.2, or to cause the same to be done withou first obtaining a separate plumbing permit reach separate building or structure. Add Section 103.1.2.3. 103.1.2.3 The replace ent or removal and reinstallation of any fixture or appliance, provid , hovraver, that the fixture or appli ce is installed at the same location and it is not necessary to remov replace, ' ~ J alter, or install any pipi g. 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 raves or=~~ ordinances of this jurisdiction. •• ' .J _~ . it ~r 103.1.3 Licensing Delete Section 103.1.3 and insert in lieu thereof the following: See Section 17-11 of the Iowa City Code of Ordinances . Ordinance No. Page No. 2 103.2 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 or to any plumbing company which employs a duly licensed master plumber on afull-time basis. 2. A permit may be issued to the owner of an existing owner-occupied single-family dwelling, pursuant to a valid certificate of occupancy and used exclusively for residential purposes, to do any work regulated by this Article in connection with said dwelling and accessory buildings. The owner must personally purchase all material and perform all labor in connection therewith. All work shall comply with this Article. 3. A permit may be issued to the holder of a valid sewer and water service installer's license for the installation of a building sewer and water service only. 4. A permit may be issued for the installation of gas piping to any person holding a valid gas pipe installer's license 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 syste rovided the licensee is employed by a fire sprinkler contractor ' h either at least one NICET Level III rtified person or an engineer licensed in the State of to with experience in fire protection sprinkler terns on staff. Add Section 103.2.5 Insurance R uired: Before a permit to perform plumbin work may be issued, the applicant shall have on file with t Authority Having Jurisdiction a cop f a certificate of insurance stating the liability amounts establishe y resolution of the City Council nd the City shall be named as an additional insured. The policy shall a provide for at least thi 30) calendar days' notice by the insurer to the City of termination of the polic the insured or ins er. Plumbing permits issued under Subsection 103.2.4-2 shall be exempted from this ~ surance requ' ement. 103.4 Fees Delete Sections 103.4.1 and 103.4.2 and add Section 103.4 lows: 703.4 Fees: All applicants shall pay the proper permit and i pectin es as established by resolution of the City Council. 103.4.4 Investigation Fees: Work Without a Perm' . Delete Section 103.4.4 in its entirety and insert in lie thereof the following: 103.4.4 Work commencing before permit ' suance: Any person who comme es work on a building, structure, electrical, gas, mechan' al or plumbing system before obtaining t necessary permits shall be subject to a fee equal to a amount of the permit if a permit were issue This fee shall be collected whether or not a per it is issued. The payment of such fee shall not exe t any r '3 person from compliance with all othe provisions of this Code or from any penalty prescribed b w. Amy the Building Official may redu a this fee when it is demonstrated that an emergency existed t t "."r'equired the work to be done wit ut a permit. ~- _. ~~ 1034a~. Fee Refunds. z Delete Section 103.4.5 in its a rety and insert in lieu thereof the following: 1 43.4.5 Refunds. The ilding Official may authorize the refunding of any fee paid hereunder which . - rotas erroneously paid collected. TFr~ Building Official all not authorize the refunding of any fee paid except upon written application filed by the original ermittee within one hundred eighty (180) days from the date of fee payment. 103.9 Appeals / Add a new Section 103.9 appeals as follows: See Section 7 7-72 Appeals. Section 202.0 Section 202.0 is amended by adding the following definitions: Fire Sprinkler Installer -any person licensed to install only fire sprinkler systems. Gas pipe installer -any person licensed to install only the piping to distribute fuel gas from the gas meter to the gas outlets. Plumber, apprentice -any person who works under the supervision and guidance of a skilled journeyman or contractor for the purpose of learning the plumbing trade. Plumber, inactive -any licensed plumber who is not currently employed nor actively participating in the plumbing trade. Ordinance No. Page No. 3 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 rom outside the building wall to just inside the building wall and the water service from the water main to the ilding water meter. Section 412.0 Delete Section 412.1 and Ta e 4-1 in its entirety and insert n lieu thereof the following: 412.1 Every building intended for man occupancy shall a provided with sanitary facilities as required by this Section and Table 4-1. The occup t load used to d ermine the minimum number of sanitary fixtures shall be the occupant load established b the 2009 Inte ational Building Code in Section 1004 and Table 1004.1.1. The established occupant load sh I be assu ed to be one-half ('/z) male and one-half ('/z) female unless sufficient evidence to the contrary is sup ied to a Authority Having Jurisdiction. Exception: When toilet facilities are provided r ployees only, the occupant load shall be the actual number of employees on the largest shift. Delete Section 412.3 in its entirety and insert in li u the of the following: 412.3 Separate Facilities Separate toilet facilities shall be provided for eac sex. Exceptions: (1) Residential installations. (2) Buildings with the total occupant load less than sixteen (16 ay provide the required fixtures in a unisex restroom. Urinals need not be pro ided in unisex restrooms. Buildings with an occupant load of sixteen (16) or more shall provide separat facilities for each sex. (3) In business and mercantile occupan ies with a total floor area of three ousand (3,000) square feet or less, one toilet facility, designed for u e by no more than one (1) perso at a time, shall satisfy the requirements for serving customers an employees of both sexes. Ordinance No. Page No. 4 Table 4-1' Fixtures Per Person' s 3 Type of Buildingz Water C/osets/Urinals9 Lavatories Bathtubs Drinking or Fountains or Occupancy Showers Male Female Male Female For employee or staff use in all 1:1-15 1:1-15 1 for each 2 water closets 1:30-150 occupancies except industrial 2:16-35 2:16-35 or urinals And one for warehouses, workshops, facto- 3:36-55 3:36-55 each ties, foundries and similar es- additional tablishments. 300 persons er 55, add 1 fixture for each ad ~ ~onal 40 persons. For employee or staff use in in- 1:1-10 1:1-10 1 for each 2 water c ets 1 per 150 dustrial warehouses, work- 2:11-25 2:11-25 or urina shops, factories, foundries and 3:26-50 3:26-50 similar establishments. 4:51-75 4:51-75 5:76-100 :76-100 Over 100, add 1 fixtu for each additional 30 persons For public use whin 1:1-30 1:1- 1:1-75 1:1-30 Assembly placaPs i.e. l 2:31-75 2' -30 50 31 6-200 2:31-100 3:2 -400 3:101-200 1: 1-150 theaters, auditoriums, etc ~'"- _ - 3:76-125 : 4:126-200 4:51-100 4:201-300 2: 151-400 ~= -' -- 5:201-300 5:101-150 5:301-400 3: 401-750 '-~. ~ 6:301-4 6:151-200 ~~ ~ ~ 7:201-250 and one ... f"~~' ' 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 1 fixture Over 12, Over 12, Over 150, for each 25 for each 20 add 1 per add 1 for add 1 per males over 10 females over 8 each 20 each 20 20 males females Hospitals Individual room 1 per room 1 per room 1 per room Ward room 1 per 8 beds 1 per 10 beds 1 per 20 beds Institutional -other than hos- 1 per 25 1 per 20 1 per 10 1 per 10 1 per 8 1 per 150 pitals or penal institutions Ordinance No. Page No. 5 Office or public buildings For public use within office or 1:1-50 1:1-15 1 for each 2 water closets 1 for 7-150 public buildings10 2:51-100 2:16-35 or urinals and one for 3:101-150 3:36-55 each 300 4:151-200 4:55-100 additional 5:201-400 5:101-150 persons 6:151-200 7:201-250 ' 8:251-300 9:300-350 10:351-400 a ~~ ~.1 Over 0, add one fixture for each a itional 500 males and -_- -.~- -' one fore 150 females ~= For employees or staff in office 1:1-15 1:1-15 1 for each 2 - " 1:30`50 or public building :16-35 water And one for -55 closets or each 2:16-35 urinals additional 3:36-55 300 persons Wholesale and retail stores 1:1-250 1:1-250 1 for each 2 water closets 1 for each 2:250-500 2:250-400 or urinals pair of 3:501-750 3:401-600 restroom 4:751-1,000 4:601-800 facilities 5:801-1, 00 Over 1,000 Over 1, 0 add 1 fixture add 1 ture for each addi- -fore h addi- tional 500 tion 1400 fe- males m es Restaurants8 which do not 1:1-50 :1-50 1 for each 2 Ovate losets serve alcohol 2:51-100 2:51-100 or urinals 3:101-175 3:101-175 4:176-300 4:176-300 Over 300, a 1 fixture per 200 additional rsons Restaurants8 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 3:61-1 3:61-100 4:101 50 4:101-130 5:15 -200 5:131-160 6:2 1-275 6:161-200 7: 76-400 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 Ordinance No. Page No. 6 Schools -for student use: Nursery 1:1-20 1:1-20 1:1-25 1:1-25 1 per 150 2:21-50 2:21-50 2:26-50 2:26-50 Over 50, add 1 fixture for each Over 50, add 1 fixture each additional 50 persons additional 50 persons Elementary 1 per 25 1 per 25 1 per 35 1 per 35 1 per 150 Secondary 1 per 30 1 per 30 1 per 40 1 per 40 1 per 150 Others (colleges, universities, 1 per 30 1 per 30 1 per 40 1 per 40 1 per 150 etc.) c~~ Worship places: EducatioflaT and a~ivities~ unit 1 per 5 1 per 125 1 for each 2 water closets 1 per 150 ~ ¢ ~ ~ or urinals And one for , r .~.. - , .. each ~-__ . - - r `.>:.., additional ~'~-~ ~' ~ - 300 persons Principal assemblyplace -° 1 per 150 per 150 1 for each 2 wat closets 1 per 150 or uri Is And one for each additional 300 persons Dwellings:a,s Single-family . 1 per dwelling 1 per water closet 1 per dwell- ing Multi-family 1 per dwelli unit 1 p water closet 1 per dwell- ing unit Penal institutions: Cell 1 per cell 1 per ce 1 per floor Exercise room 1 per exercise room 1 per room 1 per room Notes Table 4-1: 1. Inter retation of Figures: The figures shown are based upon one fixture being the minimum equired for t number of persons indicated. 2. uilding Categories: Building categories not shown on this Table shall be considered separately by the Authority Having Jurisdiction. 3. Drinking Fountains Required: There shall be a minimum of 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. A drinking fountain shall not be required in occupancies of 30 or less. Drinking Fountains Prohibited: Drinking fountains shall not be installed in toilet rooms. 4. Laundry Facilities: One automatic washer standpipe for each dwelling unit for single-family or duplex. For multi-family apartment buildings, one standpipe for each ten (10) apartments or fraction thereof. 5. Kitchen Sinks: One (1) for each dwelling unit. 6. Washbasins: Twenty-four (24) lineal inches (609mm) of wash sink or eighteen (18) inches (456mm) of a circular basin shall be considered equivalent to one lavatory when provided with water outlets for such space. Ordinance No. Page No. 7 7. General Provisions: In applying this schedule of facilities, consideration must be given to the accessibility of the fixtures. Purely numeric conformity may not result in an installation suited to the need of the individual establishment. For example: Schools should be provided with toilet facilities on each floor having classrooms and in temporary working facilities, one water closet for each thirty (30) persons. 8. Restaurants: A restaurant is defined as a business which sells food to be consumed on the premises. Employee toilet facilities are not to be included in the above restaurant requirements. Hand washing facilities must be available in the kitchen for employees. 9. Whenever urinals are provided, the total number of fixtures required may be a combination of water closets and urinals. The number of water closets in such cases shall not be reduced to less than one- third (1/3) of the total number required. 10. For smaller-ty a Public and Professional Offices such as banks, dental offices, law offices, real estate offices, and sim' ruses. A public area in these offices shall use the requirements for--Retail or' Wholesale Stores. /a Section 603.2.3 is deleted ~,,.~ Delete Section 604.2 in its en ' ety and insert in lieu thereof the f Ilowing 604.2 Copper tube for water pip' g shall have a weight of not I s than Type M copper tubing. - Exception: Copper tube for and ground water piping shall ave a weight of not less than Type l~ccxpper'-~= tubing. •. ~.~ "~ s ~ Delete Section 605.2 in its entirety and sert in lieu thereof he following: 605.2 Independent fullway valves shall installed on t supply and discharge sides of each water meter. Water piping supplying more than on building on any one premises shall be supplied with separate fullway valves to each building. Such sh ff valve shall be accessible at all times. A fullway valve shall be installed on the discharge piping from w er s ply tanks at or near the tank. A fullway valve shall be installed on the cold water supply pipe to each ter heater at or near the water heater. Delete Section 701.1.4 in its entirety and insert in ' u ereof the following: 701.1.4 Copper tube for underground drain ge an ent 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 dr inage and vent 'ing shall have a weight of not less than that of copper tubing Type M. Exception: Type DWV may b used in one and two-f ily dwellings. Section 703.1 Delete Section 703.1 in its entirety a d insert in lieu thereof the foll ing: 703.1 The minimum sizes of v rtical and/or horizontal drainag piping shall be determined from the total of all fixture units connect d thereto, and additionally, in the c se of vertical drainage pipes, in accordance with their length. Th re shall be at least one four (4)-inch 100mm) drain pipe from the sewer to the main drainage stack and no underground drainage piping sha be less than two (2) inches (50mm) in diameter. Section 710.1 Delete Section 710.1 in its ent' ety and insert in lieu thereof the following: 710.1 Drainage piping se ing fixtures, the flood level rims of which are located below the elevation of the curb or property line at he point where the building sewer crosses under the curb or property line and above the crown level of a main sewer, shall drain by gravity into the main sewer and shall be protected from backflow of sewag by installing an approved type backwater valve, and each such backwater valve shall be installed only in that branch or section of the drainage system which receives the discharge from fixtures located below the elevation of the curb or property line. The requirements of this subsection shall apply only when it is determined necessary by the Authority Having Jurisdiction or the engineers of the governing body, based on local conditions. Section 717.0 Section 717.0 is amended by adding the following sentence to the end of the section: The minimum size of any building sewer shall be four (4) inches (100mm). --, ~~ ~~ ' ,..> Ordinance No. Page No. 8 Section 807.4 Delete Section 807.4 in its entirety and insert in lieu thereof the following: 807.4 No domestic dishwashing machine shall be directly connected to a drainage system or food waste disposer unless an approved dishwasher air gap 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 Section 903.2.1 and 903.2.2 in their entirety and insert in lieu thereof the following: 903.2.1 Copper a for underground vent piping shall have a weight of not less than that of copper tube Type L. 903.2.2 Copper tube aboveground vent piping shall have a weight of not less than that of Copp be Type M. Exception: Type DWV ay be used in one and two-family dwellings. Section 904.1 Section 904.1 is amended by adding a following sentences to the end of the paragr Each building shall have a vent sta or stack vent equal in size or larger t the required building sewer that shall extend through the roof diminished in size. In residential b ~ dings of four (4) stories or less, athree-inch vent stack or stack vent all be permitted. Residenti uildings 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 basemen , at least one two-inch (2") dry vent shall be available in the basement. Delete Section 906.7 in its entirety and insert in lieu ereof the followi 906.7 Frost or Snow Closure. Vent terminals all be a minimum oft a (3) inches (80 mm) in diameter but in no case smaller than the required ven ipe. The change in diamet shall be made at least one (1) foot (305 mm) below the roof in an insulate space and terminate not less tha ne (1) foot (305 mm) above the roof. Delete Table 10-1 in its entirety an~nsert in lieu thereof the following: N n...~ .,- ~~ ~-. __ ~~ ~. ~~`~ :_ ~ Trap Arm (Inches) c_ - TABL 10-1 Horizontal Di nce of Trap Arms (Exce for water closet an similar fixtures)` Distance Trap to Vent (Feet) 1 %<....~ ......................................................................5 1'/z .................................................................................6 2 ....................................................................................8 3 ..................................................................................12 4 and larger ................................................................12 Slope shall be one-quarter inch ('/4') per foot. *The developed length between the trap of a water closet or similar fixture (measured from the top of closet ring to inner edge of vent) and its vent shall not exceed six feet (6'). Section 1205.3 Delete Section 1205.3 in its entirety and insert in lieu thereof the following: Ordinance No. Page No. 9 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 Authority Having Jurisdiction. Section 1211.3.2 is amended by adding the following to the end of the section: (5) Fittings for CSST systems shall not be installed in concealed locations. - 17-2-4: Cross Connection Control -Provisions. 1. Definitions. The following definitions shall apply only to this Section For the purpose of this Section,::.°~~~: these definitions sup sede definitions given elsewhere in this Code. ~;, a. Approved back w prevention assembly for containment. A b kflow prevention assembly listed kiy, ~ ? the University of Souther California -Foundation for Cross Connec ' n Control and Hydraulic',Ftesea;~h as~=` having met the requiremen of ANSI-AWWA Standard C510-89, ouble Check Valve Backtlaw-Prevention" Assemblies or ANSI-A Standard C511-89, Reduced- ressure Principle eack~ow-Pret~ntion Assemblies, all as amended, containment. The listing shall nclude the limitations of us"e based; the degree of hazard. The backflow revention assembly must als be listed by the International Association of Plumbing and Mechanical Officials. b. Approved backflow preventio assembly for contain ent in a fire protection system. A backflow prevention assembly to be used in a fi protection system hich meets the requirements of Factory Mutual Research Corporation (FM) and Unde 'ters Laboratory L), in addition to the requirements of paragraph 1(a). c. Auxiliary water supply. Any waters ply on or vailable to the premises other than the approved water provider of public water such as, but not ' ited to a private well, pond or river. d. Containment. A method of backflow rev tion which requires the installation of a backflow prevention assembly at the water service entrance. e. Cross connection. Any connection or arran ment between a potable water supply system and any plumbing fixture or tank, receptacle, equipment or e ' e, through which it may be possible for nonpotable, used, unclean, polluted and contaminated water r oth substance to enter into any part of such potable water system under any condition. f. Customer. The owner, operator or oc pant of a bu ing or a property or of a private water system which has a water service from a public water ystem. g. Degree of hazard. The rating of a cr ss connection or ter service which indicates the potential to cause contamination or pollution. h. Double check valve backflow prev ntion assembly. Aback w prevention device consisting of two (2) independently acting, internally load d check valves, four (4) pr erly located test plugs and two (2) isolation valves. (Backflow prevention a embly used for low hazard.) i. High hazard cross connection. Across connection which may imp it the quality of the potable water by creating an actual hazard to pu is health through poisoning or thro h contamination with sewage, industrial fluids or waste. j. Isolation. A method of back ow prevention in which a backflow preventi assembly is located at the cross connection rather than at the ater service entrance. k. Low hazard cross connec on. Across connection which may impair the qu ity of potable water to a degree which does not create a azard to public health but which does adversely and reasonably affect the aesthetic qualities of such pots a water for domestic use. I. Reduced pressure pri iple backflow prevention assembly. A backflow preventio device consisting of two (2) independently-act' g, internally-loaded check valves, a differential pressure re f valve, four (4) properly located test plugs and two (2) isolation valves. (Backflow prevention assembl used for high hazard. ) m. Registered backfl w prevention assembly technician. A person registered with the Iowa tate Health Department or its succ ssor agency to test or repair backflow prevention assemblies and to report on the condition of those assemblies. n. Thermal expansion. Volumetric increase of water due to heating resulting in increased pressure in a closed system. o. Water service. Depending on the context, water service is the physical connection between a public water system and a customer's building, property or private water system or the act of providing potable water to a customer. 2. Authority Having Jurisdiction. a. For the purposes of 17-2-3 only, the Authority Having Jurisdiction is the City Council acting through such persons or agencies the City Council shall designate. Ordinance No. Page No. 10 b. The Authority Having Jurisdiction shall have the right to enter any property to inspect for possible cross connection, upon consent of the customer or upon a search warrant issued by a court of appropriate jurisdiction. c. The Authority Having Jurisdiction may collect fees for the administration of this program. Fees shall be established by resolution of the City Council. d. The Authority Having Jurisdiction shall maintain records of cross connection hazard surveys and of the installation, testing and repair of all backflow prevention assemblies installed in this City. 3. New water services. a. Plans shall be submitted by the contractor to the Authority Having Jurisdiction for review of all new water services to det rmine the degree of hazard before a permit is issued. b. The Authority ing Jurisdiction shall determine the type of backflow prevention assem required for containment based on a degree of hazard. c. The Authority Having urisdiction shall require the installation of the appropriate bac ow prevention assembly for containment befor the initiation of water service. 4. Existing water services. a. Upgrades of existing water se ices shall be treated as new water services for a purpose of 17-2-3. b. The Authority Having Jurisdicti shall publish and make available toe h customer a copy of standards used to determine the degree o azard. c. After publication of the standards, th Authority Having Jurisdictions II give written notice of the provisions of this Section to customers whose pr ises are classified as sin -family residential. d. Customers whose premises are not regula d by the IRC shall be otified that an on-premise survey will be conducted by the Authority Having Jurisdiction determine the a and degree of any hazards to the potable water system. e. The Authority Having Jurisdiction shall determine th pe o ackflow prevention assembly required for containment based on the degree of hazard, as determine information received from customers or gathered through on-premises investigations or surveys. f. Within the time frame specified, in writing, by the thority ving Jurisdiction, the customer shall install a backflow prevention assembly for isolation and ontainment required by the Authority Having Jurisdiction. g. For existing water services, the Authority Ha ' g Jurisdiction may insp t the premises to determine the degree of hazard. When high hazard cross c nections are found, the adm 'strative authority shall, at its sole discretion: 1) develop a schedule of co pliance which the customer shall f w or 2) terminate the water service until a backflow prevention sembly for containment required by Authority Having Jurisdiction has been installed. h. Failure of the Authority Having Ju ' diction to notify a customer that said customer is b 'eved to have a high hazard cross connection and at said customer shall install backflow prevention as blies for containment in no way relieves a stomer of the responsibility to comply with all requiremen of this Section. 5. Customer. a. The customer shall b responsible for ensuring that no cross connections exist without approve backflow protection within t customer's premises starting at the point of service from the public potable water~~stem. b. r' 1'he c~tomer s II, at the customer's own expense, cause installation, operation, testing and maint~nancewf.;the bac ow prevention assemblies required by the Authority Having Jurisdiction. ~. The Customer all ensure the Authority Having Jurisdiction is provided with copies of records of the ~_€nstall Lion ard.:of al tests and repairs made to the backflow prevention assembly on the approved form ,withirf~fteert (15) c endar days after testing and/or repairs are completed. -~d. If a `backfl incident occurs, the customer shall immediately notify the City of Iowa City Water ~~=.,DivisNn, the:" of Iowa City Backflow Prevention Coordinator, and/or the City of Iowa City Plumbing Inspector arld #ake steps to confine the contamination or pollution. 6. ~;,:;,Requir~d backflow prevention assemblies for containment -water services. a. A water service having one or more cross connections which the Authority Having Jurisdiction classifies as high hazard shall have an approved air gap or an approved reduced pressure principle backflow prevention assembly. b. Water services having no high hazard cross connections but having one or more cross connections which the Authority Having Jurisdiction has classified as low hazard shall have an approved double check valve assembly. Ordinance No. Page No. 11 7. Required backflow prevention assemblies for containment -fire protection systems. a. A reduced pressure principle backflow prevention assembly shall be installed on all new and existing fire protection systems which the Authority Having Jurisdiction determines to have any of the following: 1. Direct connections from public water mains with an auxiliary water supply on the premises or available to the premises for pumper connection. 2. Interconnections with auxiliary water supplies, such as reservoirs, rivers, ponds, wells, mills or other industrial water systems. 3. Antifreezes or other additives in the fire protection system. 4. Combine industrial and fire protection systems supplied solely from the public water mains, with or without gravity s or pump suction tanks. 5. Any other faci , c nection or condition which may cause contamination. b. All other fire rot ction systems shall have a double check valve a embly. The double check valve shall be required on a new systems at the time of installation and existing systems when they are upgraded. 8. Backflow prevention as mbly technicians. a. Any person who test or repairs backflow prevention ass blies shall be registered by the Iowa State Health Department or its s cessor agency. b. A backflow prevention as mbly technician registered the State shall include the technician's registration number on all correspon nce and forms required b or associated with this Section. 9. Installation of backflow prevention semblies. a. All backflow prevention assemb) shall be installed o that they are accessible for testing as stated in Section 603.1 of 2009 UPC. b. The required backflow prevention ssemblies or containment shall be installed in horizontal plumbing immediately following the meter o as clo a to that location as deemed practical by the administrative authority. In any case, it shall be to to upstream from any branch piping. Installation at this point does not eliminate the responsibility of th ustomer to protect the water supply system from contamination or pollution between the backflow pre a tion assembly and the water main. c. If interruption of water service during t ting nd repair of backflow prevention assemblies for containment is unacceptable to the customer, (2) ba flow prevention assemblies, sized to handle the temporary water flow need during the time of to or repair, s uld be installed in parallel piping. d. All newly installed shut-off valves sh conform to th requirements for either ball or resilient seat gate valves published in the current editi of the Manual Cross-Connection Control (University of Southern California), as amended. Ball val s shall be used on a emblies installed in piping two inches (2") and smaller, and resilient seat gate valy shall be used on asse lies installed in piping larger than two inches (2"). 10. Testing of backflow prevention ass blies. a. Backflow prevention assemb es shall be tested by a register backflow prevention assembly technician, and the costs of tests req red by this Section shall be paid by th customer. b. Backflow prevention asse lies shall be tested upon installation an shall be tested and inspected at least annually thereafter. c. Backflow prevention ass blies which are in place but which have bee out of operation for more than three (3) months shall be t sted before operation resumes. Backflow prev tion assemblies used in seasonal applications shall bet ted before operation resumes each season. d. Any backflow preventi n assembly which fails a periodic test shall be repair or replaced. When water service has been termi ted for noncompliance, the backflow prevention assemb shall be repaired or'. replaced prior to the resum ion of water service. Backflow prevention assemblies sh be retested by a:.. registered backflow prevent' n assembly technician after repair or replacement. e. The registered ba kflow prevention assembly technician shall report the assembly thin fifteen (15}," .., calendar days of the test o the customer and to the Authority Having Jurisdiction on the form ovided by the;; _~-, Authority Having Jurisdi tion. ~ _.__ f. The Authority Having Jurisdiction may require, at its own cost, additional tests of individual backflowu_= ~~~ 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. N !Y i M I c=~. r c~w Ordinance No. Page No. 12 c. The registered backflow prevention assembly technician shall report the repair of a backflow prevention assembly within fifteen (15) calendar days of the repair to the customer and to the Authority Having Jurisdiction on the form provided by the Authority Having Jurisdiction. The report shall include the list of materials or replacement parts used and shall summarize the work performed. 12. Customer noncompliance. Water service may be discontinued if a customer fails to comply with Section 17-2-3. Noncompliance includes, but is not limited to, the following: a. A customer's refusal to grant access to the property for the purpose of performing inspections required by this Section. b. Removal of a ackflow .prevention assembly which has been required by the Authority Having Jurisdiction. c. Bypassing a bac ow prevention assembly which has been required by the Authority Having Jurisdiction. d. Providing inadequate ckflow prevention when cross connections exist. e. Failure to install, test an r properly repair a backflow prevention assembly which as been required by the Authority Having Jurisdiction. f. Failure to comply with the req ~ ements of this Section. g. Deliberate falsification of docum tation concerning the backflow preventi assemblies or possible cross connections. 13. Backflow Testing Equipment shall be alibrated by the manufactur or certified gage calibration company every two years or sooner if recomme ed by the manufacturer. 17-2-5: GARAGE FLOOR DRAINS: Garages and other structures for the housing, sale, epair or for co ercial washing of automobiles, which connect with the sewer, shall be provided with a prop means for raining the floors and repair pits so that no drainage therefrom shall flow over any street, alley, si walk pavement approach. Such drains shall be constructed with a device for catching sand, silt or others i and shall have a seal depth of not less than six inches (6") above the sand receiver. The drain outlet sh of be smaller than afour-inch (4") connection. All materials used for vents and waste lines shall confo wit the other provisions of this Code. The trap shall be constructed of cast iron, cement or hard bur d brick lai in cement mortar with an accessible iron cover. Any place of business where gasoline enzine, naph a or other inflammable solutions or compounds are used or kept shall be provided special drains in t same manner as those required for garages. Such drains and traps must be ap oved by the Administrati Authority. Exception: In garages regulated by the Building Code the trap ma a constructed with other wat fight materials and the drain may be piped with two (2) inch PVC as appro d by the Authority Having Jurisdict n. 17-2-6: CONNECTIONS TO THE PU IC SANITARY SEWER: A. The junction pieces, slants or es built into the sanitary sewer during co truction must be used for connecting all private sewers r house drains unless special permission to use ther means is endorsed on the permit. Before ma ' g a connection to the public sewer, the plumber sh excavate and clear a trench at the point of c nection. The actual connection with said junction piece, lant or wye must be made in the presenc of the Authority Having Jurisdiction. The cover on the wye b nch on the sewer should be carefully moved to prevent injury to the socket. B. If there is no jun on piece, slant or wyes already in the sewer, the Wastewater Superin ndent shall be notified that a t will be necessary. The excavation shall be properly prepared by the pl tuber and the ~~, sewer main mpletely uncovered. A City crew will inspect the tap made by the contractor or make the ~y tap and ins II a sewer saddle for the plumber. `~ "~" C. In all ca s, the excavation showing the connections shall be kept open by the plumber until the ~. ~~ -~: excava ' n has been inspected by the City. . ~_'1 Ordinance No. Page No. 13 17-2-7: Penalties for Violations: Violations of this chapter shall be a municipal infraction punishable by a penalty as proved for in subsection 1-4-2D of the City Code. c~r^TInN lii FI~FECTIVE DATE. This Ordinance shall be in effect January 1,2010. Passed and approved his day of / , 2009. MAYOR ATTEST: CITY CLERK Approved by: City Attorney's Office hisblglord/2009 code amendments/2009 plumbing ode.do 10 Prepared by: Tim Hennes and Ryan Olson, 410 E. Washington St., Iowa City, IA 52240; 319-356-5122 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 17, CHAPTER 4, MECHANICAL CODE, BY ADOPTING THE INTERNATIONAL MECHANICAL CODE, 2009 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 2009 Edition of the International Mechanical Code as published by the International Code Council; and to provide for certain amendments thereof; to provide for the protection of the health, welfare and safety of the citizens of Iowa City, Iowa, and to provide for its enforcement. SECTION II. Sections 17-4-1, 17-4-2, 17-4-3 and 17-4-4 of the Iowa City City Code are hereby repealed and the following new Sections 17-4-1, 17-4-2, 17-4-3 and 17-4-4 are enacted in lieu thereof. 17-4-1: Code adopted: Subject to the following amendments, the 2009 Edition of the International Mechanical Code (IMC) is hereby adopted and shall be known as the Iowa City Mechanical Code or the Mechanical Code. Interpretations of the Building Official may be guided by publications of the International Code Council, Inc., or the International Existing Building Code. 17-4-2: Interpretation of Mechanical Code Provisions: The provisions of this Code shall be held to be the minimum requirements adopted for the protection of the health, safety and welfare of the citizens of Iowa City. Any higher standards in the state statute or City ordinance shall be applicable. 17-4-3: Amendments to Code: The following sections of the 2009 edition of the International Mechanical Code are amended as follows: A. Modify entire code to replace "ICC Electrical Code" with "National Electric Code" and replace "International Plumbing Code" with "Uniform Plumbing Code". B. Section 101.1. Insert: "Iowa City". C. Section 106.5.1. Delete Section 106.5.1 and insert in lieu thereof the following: Section 106.5.1 Work commencing before permit issuance: Any person who commences work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee equal to the amount of the permit if a permit were issued. This fee shall be collected whether or not a permit is issued. The payment of such fee shall not exempt any person from compliance with all other provisions of this Code or from any penalty prescribed by law. Only the Building Official may reduce this fee when it is demonstrated that an emergency existed that required the work to be done without a permit. D. Section 106.5.2. Delete Sections 106.5.2 and insert in lieu thereof the following: 106.5.2 Permit Fees. The fee for each permit shall be as set forth in the mechanical permit fee schedule as established by resolution of the City Council. E. Section 106.5.3. Delete Section 106.5.3 and insert in lieu thereof the following: 106.5.3 Refunds. The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee within one hundred eighty (180) days from the date of fee payment. F. Section 106.2 Modify by adding part "9" as follows: 9. The replacement of fixed appliances provided however that the replacement appliance is in the same location and has a rating equal to less than the appliance being replaced, and it is not necessary to remove, replace, alter, or install any additional ductwork or piping. G. Sections 108.4 and 108.5. Delete Sections 108.4 and 108.5. Section 109. Delete Section 109 in its entirety and insert in lieu thereof the following: Section 109 Appeals. See Title 17 Chapter 12 Appeals in the City Code. H. Section 504.5. Delete section 504.5 in its entirety and insert in lieu thereof the following: 504.5 Makeup air. All installations shall be provided with makeup air with an opening of not less than 100 square inches or as required by the manufactures' specifications. I. Section 506.3.12.3 Modify the paragraph by adding the following at the end of the paragraph "Where the exhaust outlet fronts an alley, the measurement may be taken from the center line of the alley." Ordinance No. Page 2 17-4-4: Penalties for Violations: Violations of this chapter shall be a municipal infraction punishable by a penalty as provided for in subsection 1-4-2D of the City Code. SECTION III. EFFECTIVE DATE. This Ordinance shall be in effect January 1, 2010. Passed and approved this day of , 2010. MAYOR ATTEST: CITY CLERK AppEroved by -~ City Attorney's Office Hisbldg/ords/20098CA/2009 imc.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 Correia Hayek O'Donnell Wilburn Wright First Consideration 11 / 17 / 2009 Vote forpassage:AYES: Hayek, O'Donnell, Wilburn, Wright, Bailey, Champion. NAYS: None. ABSENT: Correia. Second Consideration Vote for passage: Date published Prepared by: Tim Hennes and Ryan Olson, 410 E. Washington St., Iowa City, IA 52240; 319-396-5122 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 17, CHAPTER 4, MECHANICAL CODE, BY AD4PTINCi THE-=~ INTERNATIONAL MECHANICAL CODE, 2009 EDITION, PUBLISHED BY THE INTERNATI,ONAL`''G~ODE•--, COUNCIL, AND PROVIDING FOR CERTAIN AMENDMENTS THEREOF; TO PROVI FO,~ THL `~,` PROTECTION OF THE HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF IOWA~ITY, IQl],~A. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOW TY, IOWA: ~~ ~_~-~ SECTION I. PURPOSE. The purpose of this ordinance is to adopt th 2009 Edition of the International Mechanical Code as ublished by the International Code Council; and t provide for certain amendments thereof; to provide for th rotection of the health, welfare and safety of th citizens of Iowa City, Iowa, and to provide for its enforcement. SECTION II. Sections 17 -1, 17-4-2, 17-4-3 and 17-4-4 of the low City City Code are hereby repealed and the following new Sections 1 -1, 17-4-2, 17-4-3 and 17-4-4 are a acted in lieu thereof. 17-4-1: Code adopted: Subje to the following amendments, the 2009 Edition of the International Mechanical Code (IMC) is hereby a ted and shall be known as he Iowa City Mechanical Code or the Mechanical Code. Interpretations of the uilding Official may beg ided by publications of the International Code Council, Inc., or the International Exis ~ g Building Code. 17-4-2: Interpretation of Mechanical C e Provisions: Th provisions of this Code shalt be held to be the minimum requirements adopted for the prot tion of the heal ,safety and welfare of the citizens of Iowa City. Any higher standards in the state statute or CI ordinances all be applicable. 17-4-3: Amendments to Code: The folio g sectio s of the 2009 edition of the International Mechanical Code are amended as follows: A. Modify entire code to replace "ICC Electrical o "with "National Electric Code" and replace "International Plumbing Code" with "Uniform Plumb Code". B. Section 101.1. Insert: "Iowa City". C. Section 106.5.1. Delete Section 106.5.1 and insert n lie hereof the following: Section 106.5.1 Work commencing before perm' issuan Any person who commences work on a building, structure, electrical, gas, mech nical or p bing system before obtaining the necessary permits shall be subject to a fee qual to the a ount of the permit if a permit were issued. This fee shall be collected whether or not a permit is ~ssued. The payment of such fee shall not exempt any person from compli ce with all other pro ~sions of this Code or from any penalty prescribed by law. Only the Building Official may reduce thi fee when it is demonstrate that an emergency existed that required the work to be done witho a permit. D. Section 106.5.2. Delete Sections 106.5 and insert in lieu thereof the folio ~ng: 106.5.2 Permit Fees. The fee fore h permit shall be as set forth in the echanical permit fee schedule as established by resolutio of the City Council. E. Section 106.5.3. Delete Section 106 .3 and insert in lieu thereof the following: 106.5.3 Refunds. The Building Offi al may authorize the refunding of.any fee paid he under which was erroneously paid or collected. The Building Official shall not auth ize the refunding of any fee paid except upon written app ' ation filed by the original permittee within one h ndred eighty (180) days from the date of fee payment. F. Section 106.2 Modify by addin part "9" as follows: 9. The replacement of fixed ppliances provided however that the replacement appliance is in the same location and has a r ting equal to less than the appliance being replaced, and it is not necessary to remove, repla e, alter, or install any additional ductwork or piping. G. Sections 108.4 and 108.5. Delete Sections 108.4 and 108.5. Section 109. Delete Sect n 109 in its entirety and insert in lieu thereof the following: Section 109 Appeals. ee Title 17 Chapter 12 Appeals in the City Code. H. Section 504.5. Delete section 504.5 in its entirety and insert in lieu thereof the following: 504.5 Makeup air. All installations shall be provided with makeup air with an opening of not less than 100 square inches or as required by the manufactures' specifications. I. Section 506.3.12.3 Modify the paragraph by adding the following at the end of the paragraph "Where the exhaust outlet fronts an alley, the measurement may be taken from the center line of the alley." Ordinance No. Page 2 17-4-4: Penalties for Violations: Violations of this chapter shall be a municipal infraction punishable by a penalty as provided for in subsection 1-4-2D of the City Code. ., _y :,~,s .. E ~,~, . `:.-~. - ~ ~ .., 11 Prepared by: Tim Hennes and Ryan Olson, 410 E. Washington St., Iowa City, IA 52240; 319-356-5122 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 17, CHAPTER 13, FUEL GAS CODE, BY ADOPTING THE INTERNATIONAL FUEL GAS CODE, 2009 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 2009 Edition of the International Fuel Gas Code as published by the International Code Council; and to provide for certain amendments thereof; to provide for the protection of the health, welfare and safety of the citizens of Iowa City, Iowa, and to provide for its enforcement. SECTION II. Sections 17-13-1, 17-13-2, 17-13-3 and 17-13-4 of the City Code are hereby repealed and the following new Sections 17-13-1, 17-13-2, 17-13-3 and 17-13-4 are enacted in lieu therof. 17-13-1: Code adopted: Subject to the following amendments, the 2009 Edition of the International Fuel Gas Code (IFGC) is hereby adopted and shall be known as the Iowa City Fuel Gas Code or the Fuel Gas Code. Interpretations of the Building Official may be guided by publications of the International Code Council, Inc. or the International Existing Building Code. 17-13-2: Interpretation of Fuel Gas Code Provisions: The provisions of this Code shall be held to be the minimum requirements adopted for the protection of the health, safety and welfare of the citizens of Iowa City. Any higher standards in the state statute or City ordinance shall be applicable. 17-13-3: Amendments to Code: The following sections of the 2009 edition of the International Fuel Gas Code are amended as follows: A. Modify entire code to replace "ICC Electrical Code" with "National Electric Code" and replace "International Plumbing Code" with "Uniform Plumbing Code". B. Section 101.1. Insert: "Iowa City" C. Section 106 2 Modify by adding part "3" as follows: 3. The replacement of fixed appliances provided however that the replacement appliance is in the same location and has a rating equal to or less than the appliance being replaced, and it is not necessary to remove, replace, alter, or install any additional ductwork or piping. D. Section 106.6.1. Delete Section 106.6.1and insert in lieu thereof the following: Section 106.6.1 Work commencing before permit issuance: Any person who commences work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee equal to the amount of the permit if a permit were issued. This fee shall be collected whether or not a permit is issued. The payment of such fee shall not exempt any person from compliance with all other provisions of this Code or from any penalty prescribed by law. Only the Building Official may reduce this fee when it is demonstrated that an emergency existed that required the work to be done without a permit. E. Section 106.6.2. Delete Section 106.6.2 and insert in lieu thereof the following: 106.6.2 Permit Fees. The fee for each permit shall be as set forth in the mechanical permit fee schedule as established by resolution of the City Council. Ordinance No. Page 2 F. Section 106.6.3. Delete Section 106.6.3 and insert in lieu thereof the following: 106.6.3 Refunds. The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee within one hundred eighty (180) days from the date of fee payment. G. Section 108.4 and 108.5. Delete Sections 108.4 and 108.5. H. Section 109. Delete Section 109 in its entirety and insert in lieu thereof the following: Section 109 Appeals: See Title 17 Chapter 12 Appeals in the City Code. I. Section 303.3. Modify by deleting exceptions 3 and 4. J. Section 404.1 Delete last sentence "Piping installed downstream of the point of delivery shall not extend through any townhouse unit other than the unit served by such piping." K. Section 614.5. Delete Section 614.5 in its entirety and insert in lieu thereof the following: 614.5 Makeup air. All installations will be provided with makeup air with an opening of not less than 100 square inches or as required by the manufacturers' specifications. 17-13-4 Penalties for Violations: Violations of this chapter shall be a municipal infraction punishable by Penalty as provided in subsection 1-4-2D of the City Code. SECTION III. EFFECTIVE DATE. This Ordinance shall be in effect January 1, 2010. Passed and approved this day of , 2010. MAYOR ATTEST: CITY CLERK Appr ~ed by ~'~ City Attorney's Office Hisbldg/ord/20098CA/2009ifgc.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 Correia Hayek O'Donnell Wilburn Wright First Consideration 11 / 17 / 2009 Vote for passage: AYES: O`Donnell, Wilburn, Wright, Bailey, Champion, Hayek. NAYS: None. ABSENT: Correia. Second Consideration _ Vote for passage: Date published Prepared by: Tim Hennes and Ryan Olson, 410 E. Washington St., Iowa City, IA 52240; 319-356-5122 "_~ ,. ..f ORDINANCE NO. ~ c AN ORDINANCE AME ING TITLE 17, CHAPTER 13, FUEL GAS CODE, BY AQQRTINC~ THE INTERNATIONAL FUEL S CODE, 2009 EDITION, PUBLISHED BY THE INTERNA~ONAL~,_GODE COUNCIL, AND PROVIDI FOR CERTAIN AMENDMENTS THEREOF; TO PROVIDE FOR-THE PROTECTION OF THE HEAL H, WELFARE AND SAFETY OF THE CITIZENS OF IOWA CITY, IOWA. BE IT ORDAINED BY THE CITY OUNCIL OF THE CITY OF IOWA C ,IOWA: SECTION I. PURPOSE. The p rpose of this ordinance is to ado t the 2009 Edition of the International Fuel Gas Code as published by the International Code Council; nd to provide for certain amendments thereof; to provide for the protection of a health, welfare and saf of the citizens of Iowa City, Iowa, and to provide for its enforcement. SECTION II. Sections 17-13-1, 17-13- , 17-13-3 and 17-1 -4 of the City Code are hereby repealed and the following new Sections 17-13-1, 17-13-2, 17-13-3 and 17- -4 are enacted in lieu therof. 17-13-1: Code adopted: Subject to the fo 0 Gas Code (IFGC) is hereby adopted and shall Code. Interpretations of the Building Official may Inc. or the International Existing Building Code. 17-13-2: Interpretation of Fuel Gas Code the minimum requirements adopted for the prote City. Any higher standards in the state statute or 17-13-3: Amendments to Code: The f9t1 Gas Code are amended as follows: ng amen ents, the 2009 Edition of the International Fuel known s the Iowa Ciry Fuel Gas Code or the Fuel Gas ~ gui d by publications of the International Code Council, ons: The provisions of this Code shall be held to be the health, safety and welfare of the citizens of Iowa nce shall be applicable. 'c ~ons of the 2009 edition of the International Fuel A. Modi entire code to re race ~ c:~ tieczncai ~,oae wnn ~~d~~~~ ~a~ ~~~~~~ ~~ ~~u~ a, ~u "International Plumbin Code" with ` niform Plumbin Code". B. Section 101.1. Insert: "Iowa ty" C. Section 106.2 Modi b a in art " 3" as follows: 3. The replacement of fi d appliances provided however th the replacement appliance is in the same location and has a ra ~ g equal to or less than the appliance b ~ng replaced, and it is not necessary to remove, replace, alter, install any additional ductwork or piping. D. Section 106.6.1. Del to Section 106.6.1and insert in lieu thereof the ollowing: Section 106.6.1 Wor commencing before permit issuance: Any erson who commences work on a building, stru ure, electrical, gas, mechanical or plumbing s tem before obtaining the necessary permits all be subject to a fee equal to the amount of the per it if a permit were issued. This fee shall be collected whether or not a permit is issued. The paym t of such fee shall not exempt any per on from compliance with all other provisions of this Co or from any penalty prescribed by I Only the Buil ing Official may reduce this fee when it is demonstrated that an a ergency existed that required the ork to be done without a permit. E. Sectio 106.6.2. Delete Section 106.6.2 and insert in lieu thereof the following: 106.6.2 ermit Fees. The fee for each permit shall be as set forth in the mechanical permit fee schedul as established by resolution of the City Council. Ordinance No. Page 2 F. Section 106.6.3. Delete Section 106.6.3 and insert in lieu thereof the following: 106.6.3 Refunds. The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee within one hundred eighty (180) days from the date of fee payment. G. Section 108.4 and 108.5. Delete Sections 108.4 and 108.5. H. Section 109. Del Section 109 in its entirety and insert in lieu thereof the following:. Section 109 Appeal.. ee Title 17 Chapter 12 Appeals in the City Code. I. Section 303.3. Modify by leting exceptions 3 and 4. J. Section 404.1 Delete lasts tence "Piping installed downstream of the oint of delivery shall not extend through any townhouse unit°ather than the unit served by such pipin . K. Section 614.5. Delete Section 614:5. in its entirety and insert in lieu t eof the following: 614.5 Makeup air. All installations will be provided with makeup air w' an opening of not less than 100 square inches or as required by the manufacturers' specifications. 17-13-4 Penalties for Violations: Violations of this chapter shat e a municipal infraction punishable by Penalty as provided in subsection 1-4-2D of the City,Code. SECTION III. EFFECTIVE DATE. This Ordinancd shall a in effect January 1, 2010. Passed and approved this day of ~ , 2010. MAYOR ATTEST: CITY CLERK Approved by .f City Attorney's Office ; Hisbldg/ord/20096CAl2009ifgc.doc ~ _ ,~- 6~ . '~-' . ls,.l ~, j ~~r r,,.D .,.1,~ 12 Prepared by: John Grier, Fire Marshal, 410 E. Washington Street, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 7, CHAPTER 1, FIRE PREVENTION AND PROTECTION, BY ADOPTING THE 2009 EDITION OF THE INTERNATIONAL FIRE CODE TO REGULATE AND GOVERN THE SAFEGUARDING OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION HAZARDS ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS SUBSTANCES, MATERIALS AND DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN THE OCCUPANCY OF BUILDINGS AND PREMISES IN THE CITY OF IOWA CITY AND PROVIDING FOR THE ISSUANCE OF PERMITS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. 1. Section 1, entitled, "Fire Code Adopted," is hereby deleted and the following new Section 1 is inserted in lieu thereof: That a certain document, one (1) copy of which is on file in the office of the City Clerk of the City of Iowa City, being marked and designated as the International Fire Code, 2009 edition, including Appendix Chapters B, C, D, E, F, G, H, I, and J as published by the International Code Council, be and is hereby adopted as the Fire Code of the City of Iowa City, in the State of Iowa regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided, providing for the issuance of permits and each, and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the office of the City Clerk are hereby referred to, adopted and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, prescribed in the following sections of this ordinance. 2. Section 2, entitled "Amendments to Fire Code," is deleted in its entirety and the following new Section 2 is inserted in lieu thereof: That the following sections are hereby revised: Section 101.1 Insert: Iowa City, Iowa Section 108. Delete Section 108 in its entirety and insert in lieu thereof: See Title 17 Chapter 12 in this Code. Section 109.3 Insert: simple misdemeanor or municipal infraction, as prescribed in 1-4-2D. Section 111.4 Delete the remaining words of the sentence beginning with "to a fine" and insert in lieu thereof "as provided for in a municipal infraction." That the geographic limits referred to in certain sections of the 20091nternational Fire Code are hereby established as follows: Section 3404.2.9.6.1. The storage of Class I and Class II liquids in above-ground tanks outside of buildings is prohibited in the entire City of Iowa City, Iowa. Exception: Zones 11 &2, CI 1 and/or as approved by the Fire Chief. Section 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 11 &2, CI 1 and/or as approved by the Fire Chief. Section 3804.2. The storage of liquefied petroleum gas is prohibited in the entire City of Iowa City, Iowa. Exception: Zones 11 &2, CI 1 and/or as approved by the Fire Chief. Ordinance No. Page 2 Section 102.1 Modify by adding a fifth applicability requirement to the end as follows: 5. A. A-2 Occupancies that existed prior to August 1, 2007 with an occupant load of 299 or more with an Alcoholic Beverage Division License (ABDL) shall comply with Section 903.2.1.2 by July 1, 2010. B. A-2 Occupancies that existed prior to August 1, 2007 with an occupant load of 50-298 located on a floor other than the level of exit discharge and with an ABDL shall comply with Section 903.2.1.2 by July 1, 2013. C. B Occupancies that existed prior to August 1, 2007 located on a floor other than the level of exit discharge and with an ABDL shall comply with Section 903.2.1.2 by July 1, 2013. D. All A-2 Occupancies that existed prior to August 1, 2007 with an occupant load of 100-298 with an ABDL shall comply with Section 903.2.1.2, provided that there is a change in business ownership, defined as the sale, transfer, or assignment of any legal or equitable ownership interest, except that the owner may show to the building official's satisfaction that said change in ownership is one of form and not substance. Section 104.1.1 Add a new section to read as follows: The code official and members of the fire prevention bureau shall have the powers of a peace officer in performing their duties under this Code. Section 104.1.2 Add a new section to read as follows: The Fire Chief may appoint and designate such members of the Fire Department as fire/police investigators upon being certified 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, afire/police investigator shall be subject to the rules and regulations of the Iowa City Fire Department for all purposes and shall perform such functions as the Fire Chief shall assign. Section 104.12 Add a new section to read as follows: The code official is authorized to order an operation or use stopped or the evacuation of any premises, building, or vehicle or portion thereof which has or is a fire, life safety or health hazard. Section 105.2 Add a sentence to the end of the section to read as follows: Application for an operational permit shall be submitted with all required information not less than 14 days prior to the event requiring a permit. Section 108 Delete in its entirety. See 14-5-M of this Code. Section 202 Add a new definition to read as follows: CODE OFFICIAL. The Chief Officer of the Fire Department, the Fire Marshal, or the Chief's authorized representative. Section 202 Add new definition to read as follows: EMERGENCY COMMUNICATIONS CENTER. Shall mean the Iowa City Emergency Communications Center unless and until the operation of the Johnson County Joint Emergency Communications Center.- Section 202 Delete the existing definitionand substitute the following: R-4 Residential occupancies shall include buildings arranged for occupancy as residential care/assisted living facilities including more than five but not more than 16 occupants, excluding staff. Group R-4 occupancies shall meet the requirements for construction as defined in the International Building Code for Group R-3, except as otherwise provided for in that code. Section 307 See also 6-6 of this Code. Section 307.1.1 Delete the section and replace with: Prohibited burning. Burning that is offensive or objectionable because of smoke or odor emissions or when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited. Ordinance No. Page 3 Section 307.1.2 Add a new section to read as follows: Hours of operation. A person shall not maintain any outdoor burning from 11 p.m. to 7 a.m. unless permitted and approved by the fire code official. Section 307.3 Delete the section and replace with: Extinguishment authority. The fire code official is authorized to order the extinguishment by the responsible person or the fire department of any burning that creates or adds to a hazardous or objectionable situation. Section 315.2 Add a sentence to the end of the section to read as follows: Combustible material storage shall be confined to approved storage areas, such that the presence of incidental storage in any other area of the building does not constitute a hazard. Section 401.9 Add a new section to read as follows: Building evacuation. Upon activation of the building fire alarm system or upon notification by other means of detecting and reporting unwanted fire, all building occupants shall promptly evacuate the building. Exception: When the emergency evacuation plan, as approved by the fire code official, does not require the immediate total evacuation of the building. Section 402.1 Add a new definition to read as follows: CROWD MANAGEMENT. Crowd management meshes the design features of a facility, the established operating features of that facility, and an understanding of the occupants' expected natural behavior in that facility for a specific type of event. Section 403.4 Add a new section to read as follows: A-2 Occupancy Crowd Managers. Group A-2 occupancies shall be provided with a minimum of one (1) trained crowd manager anytime occupancy reaches 50 or more. Where the occupant load exceeds 250, additional trained crowd managers shall be provided at a ration of one (1) crowd manager for every 250 occupants. The crowd manager shall annually receive training approved by the fire code official in crowd management techniques. Section 405.2 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 for additional rules and regulations. Section 503.2.9 Add a new section to read as follows: Thickness. Fire apparatus access roads shall be constructed of Portland cement concrete conforming to the specifications of the Iowa Department of Transportation C-3 or M-3 mixes. The concrete access road shall be a minimum of 7 inches thick over compacted soil. Section 505.1 Delete the section and replace with: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches high with a minimum stroke width of 0.5 inch. From 100-199 ft from the street the number shall be a minimum of 6 inches high with a minimum stroke of 0.5 inches. From 200-299 ft from the street the number shall be a minimum of 8 inches high with a minimum stroke of 0.5 inches. For each additional 100 ft from the street; the number shall increase by an additional 2 inches in height. Measurements to determine the minimum number size shall be measured from the approved address location to the center line of the street for which the premises is addressed. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. 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. Ordinance No. Page 4 Exceptions: Group R-3 and unsecured R-2 occupancies. Section 507.5.1 Delete exceptions 1 & 2. Section 605.9 Delete the section and replace with: Temporary wiring. Temporary wiring for electrical power and lighting installations is allowed for a period not to exceed 90 days for holiday decorative lighting, carnivals and similar purposes. Temporary wiring methods shall meet the applicable provisions of the Iowa City Electrical Code. Exception: Temporary wiring for electrical power and lighting installations is allowed during periods of construction, remodeling, repair or demolition of buildings, structures, equipment or similar activities. Temporary wiring methods shall meet the applicable provisions of the Iowa City Electrical Code. Section 605.10.5 Add a new section to read as follows: Fully enclosed. Portable, electric space heaters shall be fully enclosed space heaters that by design have no external surfaces that reach temperatures capable of igniting materials placed against the surface. Section 804.4 Add a new section to read as follows: Maintenance. The interior finish of buildings shall be maintained in accordance with the conditions of original approval. Any change to the interior finish that is regulated by the provisions of this code or the building code shall be made in accordance with all applicable requirements. Section 806.1 Add a sentence to the end of the section to read as follows: Natural or resin-bearing cut trees and natural decorative vegetation used in buildings open to the general public shall be properly treated with an approved flame retardant. Section 806.1.1 Delete the section and replace with: Restricted occupancies. Natural cut trees shall be prohibited in Group A, B, E, I-1, I-2, I-3, I-4, M, R-1, and R-4 occupancies. Exception: Trees located in areas protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 shall not be prohibited in Groups A, B, E, M and R-1. Section 807.4.3.1 Delete exceptions 1 & 2. Section 807.4.4.1 Delete exceptions 1 & 2. Section 901.2 (a) Add a new section to read as follows: Water based fire protection systems. Working plans submitted to the fire department for water based fire protection systems shall be stamped and approved by a qualified person to be in compliance with applicable NFPA standards and the Iowa City Fire Code. Any changes to the working plans shall be approved by a qualified person. A qualified person shall have a minimum National Institute for Certification in Engineering Technologies [NICET] Level III certification for Automatic Sprinkler System Layout OR be a licensed engineer with experience in life safety system design. Other qualifications may be approved by the code official. Section 901.2 (b) Add a new section to read as follows: Fire alarm systems. Working plans submitted to the fire department by a qualified person for fire alarm systems shall be stamped and approved by a qualified person to be in compliance with applicable NFPA standards and the Iowa City Fire Code. Any changes to the working plans shall be approved by a qualified person. A qualified person shall have a minimum National Institute for Certification in Engineering Technologies [NICET] Level III certification for Fire Alarm Systems OR be a licensed engineer with experience in life safety system design. Other qualifications may be approved by the code official. Section 903.2.1.2 Delete Section 903.2.1.2 and insert in lieu thereof the following: Section 903.2.1.2 A. New Group A-2 Occupancies. An automatic sprinkler system shall be provided if one of the following conditions exist: 1) The fire area exceeds 5,000 square feet; 2) The fire area has an occupant load of 100 or more; or 3) The fire area is located on a floor other than the level of exit discharge. Ordinance No. Page 5 B. Existin Group A-2 Occupancies and Group B Occupancies that existed prior to August 1, 2007. An automatic sprinkler system shall be provided throughout the A-2 occupancy if one of the following conditions exists: 1) The A-2 occupancy has an occupant load of 299 or more and has an ABDL. Exemption: Single business occupancies in single story nonabutting buildings; or 2) The A-2 occupancy has an occupant load of 50-298 and is located on a floor other than the level of exit discharge and has an ABDL; or 3) Group B Occupancies located on a floor other than the level of exit discharge and which have an ABDL; or 4) Group A-2 Occupancies with occupant load of 100 or more that have an ABDL and are not regulated in B1 or B2 above, provided: There is a change in business ownership, defined as the sale, transfer, or assignment of any legal or equitable ownership interest, except that the owner may show to the building official's satisfaction that said change in ownership is one of form and not substance. Section 903.2.1.6 Add a new Section 903.2.1.6 as follows: Section 903.2.1.6. An automatic sprinkler system shall be provided throughout buildings and portions thereof used as new Group B occupancies with an ABDL or existing group B occupancy with a new (not a renewal) ABDL located on a floor other than the level of exit discharge. The automatic sprinkler system shall be provided throughout the floor area where the new Group B occupancy with an ABDL or where the group B occupancy with a new ABDL is located, and in all floors between the Group B occupancy and the level of exit discharge. Section 903.2.2 Delete the section and replace with: Group B ambulatory health care facilities. An automatic sprinkler system shall be installed throughout all fire areas containing a Group B ambulatory health care facility occupancy. Section 903.3.5.3 Add a new section to read as follows: Water supply safety margin. Provide a minimum 10%, but not less than 5 psi, safety margin above static pressure in the fire protection system hydraulic calculation. Section 903.4.2 Delete the section and replace with: Alarms. An approved weatherproof hornlstrobe device shall be mounted directly above the fire department connection between seven (7) and ten (10) feet in height above grade. The water-flow alarm device shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Approved and supervised audible visual notification appliances shall be installed on each level of the interior of the building as required by the fire code official and NFPA 72. Section 903.7 Add a new section to read as follows: Zones. Automatic sprinkler system zones shall not exceed the area permitted by NFPA 13 or NFPA 13R and shall provide a sprinkler control valve and waterflow device for each normally occupied floor. Section 906.1 Delete the exception without substitution. Section 906.3 Add a sentence to the end of the section to read as follows: The minimum size and rating of any required portable fire extinguisher for Class A, Class B, or Class C hazard shall be 51b. 2-A, 10-B C. Section 907.2 Delete the section and replace with: Where required-new buildings and structures. An approved and addressable fire alarm system installed in accordance with the provisions of this code and NFPA 72 shall be provided in new buildings and structures in accordance with Sections 907.2.1 through 907.2.23 and provide occupant notification in accordance with 907.6, unless other requirements are provided by another section of this code. A minimum of one manual fire alarm box shall be provided in an approved location to initiate a fire alarm signal for fire alarm systems employing automatic fire detectors or water-flow detection devices. Ordinance No Page 6 Where other sections of this code allow elimination of fire alarm boxes due to sprinklers, a single fire alarm box shall be installed. EXCEPTION: 1. The manual fire alarm box is not required for fire alarm systems dedicated to elevator recall control and supervisory service. Section 907.2.1 Delete the exception in Section 907.2.1 in its entirety and insert in lieu thereof the following exceptions: EXCEPTION: 1) Except for Group A-2 occupancies with occupant loads of 200 or more, manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system and the alarm notification appliances will activate upon sprinkler water flow. 2) Group A-2. An automatic/manual fire alarm system shall be installed in Group A-2 occupancies with occupant loads of 200 or more. Activation of the fire alarm shall additionally cause: a. Illumination of the protected premises to not less than 10foot-candles over the area of the room at a height of 30 inches above the floor; and b. All conflicting or confusing sounds and visual distraction to automatically stop. Section 907.2.3 Modify by adding a sentence to the end of the first paragraph as follows: New and existing educational occupancies shall have a monitored fire alarm system. Section 907.2.3 Modify by adding a 4th exception as follows: 4. Day care occupancies classified as Group E Occupancy shall not require a monitored fire alarm system unless required elsewhere in the code. Section 907.2.9.1 Delete exception 2 without substitution. Section 907.2.11.2 Modify by adding a fourth location requirement as follows: 4) Supervised smoke alarms shall be installed in all common corridors and at the top and bottom of all stairway enclosures in Groups R-2, R-4 and I-1 occupancies. In corridors, detectors shall be located within fifteen (15) feet of the end of the corridor and in such a way that one detector is located for each thirty (30) feet of corridor length or spaced as allowed by the code. Section 907.2.13.2 Delete the section without substitution. Section 907.5.2 Add a sentence to the end of the section to read as follows: Where in the opinion of the code official manual fire alarm boxes may be used to cause false fire alarms, the code official is authorized to modify the requirements for manual fire alarm boxes. Section 907.7.3 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 907.7.3.3 Add a section to read as follows: Zone and address location labeling. Fire alarm and/or annunciator panels shall have all zones and address points plainly and permanently labeled as to their location on the outside of the panel or on an easily readable map of the building. Section 907.7.5 Add to the end of the section as follows: Each address point identification shall have an alpha/numeric descriptor location. Alpha/numeric descriptor locations are required to be reported to the Iowa City Emergency Communications Center upon activation of supervisory and/or alarm conditions as specified by the fire code official. Section 910.1 Delete exception 2 without substitution. Section 910.3.2.2 Delete section and replace with: Sprinklered buildings. Where installed in buildings provided with an approved automatic sprinkler system, smoke and heat vents shall be designed Ordinance No. Page 7 to operate automatically by actuation of aheat-responsive device rated at least 100 degrees F (38 degrees C) above the operating temperature of the sprinkler. Exception: Gravity-operated drop-out vents complying with Section 910.3.2.1. Section 910.4.3 Delete section and replace with: Operation. Mechanical smoke exhaust fans shall be automatically activated by heat detectors having operating characteristics equivalent to those described in Section 910.3.2. Individual manual controls for each fan unit shall. also be provided. Section 912.7 Add a section to read as follows: Size. Minimum fire department connection size shall be 2 '/2" National Standard Thread. Section 912.8 Add a section to read as follows: Water supply. Fire department connections shall be located not more than 100 feet from a hydrant and both the fire department connection and hydrant shall be located on the same side of the fire department access or as approved by the fire code official. Section 1028.2 Delete the exception in Section 1028.2 in its entirety and insert in lieu thereof the following exceptions: EXCEPTION: 1) Except for Group A-2, in assembly occupancies where there is no well-defined main exit or where multiple main exits are provided, exits shall be permitted to be distributed around the perimeter of the building provided that the total width of egress is not less than 100 percent of the required width. 2) The main entrance/exit of A-2 occupancies shall be of a width that accommodates not less than two-thirds of the total occupant load. Section 1029.1 Modify by deleting exceptions 1, 2, 4, & 7. Section 2306.7 Modify by deleting footnote "J" from TABLE 2306.2. Section 2703.5 Add a sentence to the end of the section to read as follows: Signs shall also comply with the requirements of the Iowa Right to Know law. Section 3301.1.3 Delete exception 4 and insert in lieu thereof: The possession, storage, sale, handling and use of gold star producing sparklers on wires which contain no magnesium or chlorate or Perchlorate, flitter sparklers in paper tubes that do not exceed one-eighth of an inch in diameter, toy snakes which contain no mercury or caps used in cap pistols. Section 3404.2.9 Add a sentence to the end of the section to read as follows: For aboveground storage tanks of 276 gallons capacity or more, the minimum distance between such aboveground tanks and any Residential Zone boundary must be at least 100 feet. If the aboveground tank is located in an approved vault, the minimum separation distance from a Residential Zone boundary may be reduced to no less than 50 feet. Section 3404.2.11.2 Add a #4 to the end of the section to read as follows: 4) A minimum distance of ten (10) feet shall be maintained between underground tanks and any Residential Zone boundary. Section 3404.2.13.2.4 Add a section to read as follows: Existing above-ground tank hazards. Existing above-ground tank installations, even if previously approved, that are determined to constitute a hazard by the fire code official, shall not be continued in service. Unsafe tanks shall be removed as required by the fire code official and in accordance with this code. Section 3405.5.1 Add an exception to read as follows: 6) Corridor installations are prohibited in Group-E occupancies. Ordinance No. Page 8 3. Section 7-1-4, entitled, "Penalties For Violation," is hereby deleted and the following new Section 4 is inserted in lieu thereof: Violations of IFC 107.6, "Overcrowding", as adopted in this title, shall be punishable as municipal infractions punishable by a civil penalty of seven hundred fifty dollars ($750.00) for a first offense and one thousand dollars ($1,000.00) for a second or subsequent offense. All other violations of this chapter shall be a simple misdemeanor or a municipal infraction punishable by a penalty as provided in subsection 1-4- 2D of this code. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in full force and effect January 1, 2010. Passed and approved this day of , 2009. MAYOR ATTEST: CITY CLERK Approved by: City Attorney's Office Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright First Consideration 11 / 17 / 2009 Vote for passage: AYES: Wilburn, Wright, Bailey, Champion, Hayek, O'Donnell. NAYS: None. ABSENT: Correia. Second Consideration _ Vote for passage: Date published Prepared by: John Grier, Fire Marshal, 410 E. Washington Street, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 7, CHAPTER 1, FIRE PREVENTION AND PROTECTION, BY ADOPTING TH 2009 EDITION OF THE INTERNATIONAL FIRE CODE TO REGULATE AND GOVERN THE S FEGUARDING OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION HAZARDS ARISIN FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS SUBSTANCES, MATERIALS AND D VICES, AND FROM CONDITIONS HAZA DOUS TO LIFE OR PROPERTY IN THE OCCUPANCY O BUILDINGS AND PREMISES IN THE C TY OF IOWA CITY AND PROVIDING FOR THE ISSUANCE PERMITS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY C UNCIL OF THE CITY OF IOWA CITY, IOWA: 1. Section 1, entitled, " e Code Adopted," is hereby eleted and the following new Section 1 is inserted in lieu thereof: That a certain document, on (1) copy of which is on f' a in the office of the City Clerk of the City of Iowa City, being marked and desig ted as the Internatio al Fire Code, 2009 edition, including Appendix Chapters B, C, D, E, F, G, H, I, and as published by t e 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 fi and explosi n hazards arising from the storage, handling and use of hazardous substances, materials a devices, and from conditions hazardous to life or property in the occupancy of buildings and premises a herein provided, providing for the issuance of permits and each, and all of the regulations, provisions, pe alti office of the City Clerk are hereby referred to, F ordinance, with the additions, insertions, deletio this ordinance. 2. Section 2, entitled "Amendments to F' e C Section 2 is inserted in lieu thereof: That the following sections are hereby re ised: Section 101.1 Insert: Iowa City, Iowa t_; , Section 108. Delete Section 108 in ' s entirety and insert i lieu thereof: See Titfe 17- Chapt~G 12 this Code. ~ ~.~ Section 109.3 Insert: simple misdemeanor or municipal infractio Section 111.4 Delete the rema ing words of the sentence begi thereof "as provided for in a munici al infraction." That the geographic limits ferred to in certain sections of the hereby established as follows: prescribed in 1-d-2D. ~~ ,~Jl fl~i with "to a fine" and insert in lieu nal Fire Code are Section 3404.2.9.6.1. Th~storage of Class I and Class II liquids in above- round tanks outside of buildings is prohibited in the ntire City of Iowa City, Iowa. Exception: Zones 11 &2 CI 1 and/or as approved by the Fire Chief. Section 3406.2.4.4. The storage of Class I and Class II liquids in above-ground tanks is prohibited in the entire City of Iowa City, Iowa. Exception: Zones 11 &2, CI 1 and/or as approved by the Fire Chief. Section 3804.2. The storage of liquefied petroleum gas is prohibited in the entire City of Iowa City, Iowa. Exception: Zones 11 &2, CI 1 and/or as approved by the Fire Chief. ~, conditions and terms of said Fire Code on file in the ited and made a part hereof, as if fully set out in this and changes, prescribed in the following sections of " is deleted in its entirety and the: following new Section 102.1 Modify by adding a fifth applicability requirement to the end as follows: 5. A. A-2 Occupancies that existed prior to August 1, 2007 with an occupant load of 299 or more with an Alcoholic Beverage Division License (ABDL) shall comply with Section 903.2.1.2 by July 1, 2010. Ordinance No. Page 2 B. A-2 Occupancies that existed prior to August 1, 2007 with an occupant load of 50-298 located on a floor other than the level of exit discharge and with an ABDL shall comply with Section 903.2.1.2 by July 1, 2013. C. B Occupancies that existed prior to August 1, 2007 located on a floor other than the level of exit discharge and with an ABDL shall comply with Section 903.2.1.2 by July 1, 2013. D. All A-2 Occupancies that existed prior to August 1, 2007 with an occupant load of 100-298 with an ABDL shall comply with Section 903.2.1.2, provided that there is a change in business ownership, defined as the sale, transfer, or assignment of any legal or equitable ownership interest, except that the owner may show to the building official's satisfaction that said change in ownership is one of form and not substance. r^~ Section 1,Q~ 1.1 Add a new section to read as follows: The code official and members of the fire „,prevention bur~u 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 nd designate such ~mbers-, of the Fire Department as fire/police investigators upon being certifie y the Iowa Law F=~nforc;~ment Academy. Fire/police investigators shall have the powers of a peace icer in performing their dies under this Code, including full powers of arrest to effectuate their ties of enforcing city ordinances anc~~tat tatutes. Notwithstanding his/her status as a peace office ,afire/police investigator shall b;~'subject=to the es and regulations of the Iowa City Fire Departm for all purposes and shall perform such functions as Fire Chief shall assign. Section 104.12 Add a new ction to read as follows: The co official is authorized to order an operation or use stopped or the eva ation of any premises, buil g, or vehicle or portion thereof which has or is a fire, life safety or health haz Section 105.2 Add a sentence to the d of the s tion to read as follows: Application for an operational permit shall be submitted with. all req ' ed in rmation not less than 14 days prior to the event requiring a permit. Section 108 Delete in its entirety. See 14-5-f~of this Section 202 Add a new definition to re as follows: COD FFICIAL. The Chief Officer of the Fire Department, the Fire Marshal, or the Chi s authorized representati Section 202 Add new definition o read as follows: EMERGENCY MMUNICATIONS CENTER. Shall mean the Iowa City Emer ncy Communications Center unless an ntil the operation of the Johnson County Joint Emergen Communications Center. Section 202 Delete the xisting definition and substitute the following: R-4 Resi ntial occupancies shall include buildings arr ged for occupancy as residential care/assisted living facilitie including more than five but not more th n 16 occupants, excluding staff. Group R-4 o cupancies shall meet the requirements for construction as defi d in the International wilding Code for Group R-3, except as otherwise provided for in that code. Section 307 a also 6-6 of this Code. Section 30 .1.1 Delete the section and replace with: Prohibited burning. Burning that is offensive or objectionabl ecause of smoke or odor emissions or when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited. Section 307.1.2 Add a new section to read as follows: Hours of operation. A person shall not maintain any outdoor burning from 11 p.m. to 7 a.m. unless permitted and approved by the fire code official. Section 307.3 Delete the section and replace with: Extinguishment authority. The fire code official is authorized to order the extinguishment by the responsible person or the fire department of any burning that creates or adds to a hazardous or objectionable situation. Ordinance No. Page 3 Section 315.2 Add a sentence to the end of the section to read as follows: Combustible material storage shall be confined to approved storage areas, such that the presence of incidental storage in any other area of the building does not constitute a hazard. Section 401.9 Add a new section to read as follows: Building evacuation. Upon activation of the building fire alarm system or upon notification by other means of detecting and reporting unwanted fire, all building occupants shall promptly evacuate the building. Exception: When the emergency evacuation plan, as approved by the fire code official, does not require themediate total evacuation of the building. Section 402. Add a new definition to read as follows: CROWD MANAGEMENT. Crowd management mes s the design features of a facility, the establi ed operating features of that facility, and an understandin of the occupants' expected natural behavi r in that facility for a specific type of event. Section 403.4 Add a ne section to read as follows: A- Occupancy Crowd Managers. Group A-2 occupancies shall be provided ith a minimum of one (1) tr fined crowd manager anytime occupancy reaches 50 or more. Where the cupant load exceeds 0, additional trained crowd managers shall be provided at a ration of one (1) crow manager for every 50 occupants. The crowd manager shall annually receive training approved by e fire code offi ial in crowd management techniques. Section 405.2 Add to the end oft sectio as follows: Fire and evacuation drills in Group E occupancies shall be conducted in accord ce ith Section 100.31 of the Code of Iowa. Fire drills in Group R, Division 2, Fraternities and Sororities, all be conducted once per academic semester. Section 502.1 Add a sentence to the encJ~of ~E LANE definition to read as follows: See City Code 9-4-13 for additional rules and regulations. ~ \ Section 503.2.9 Add a new section t read as follow Thickness. Fire apparatus access roads shall be constructed of Portland cement co rete conforming t the specifications of the Iowa Department of Transportation C-3 or M-3 mixes. T concrete access roa shall be a minimum of 7 inches thick over compacted soil. Section 505.1 Delete the sec ' nand replace with: New and fisting buildings shall have approved address numbers, building num rs or approved building identificatio placed in a position that is plainly legible and visible from the str t or road fronting the property. These umbers shall contrast with their background. Address numb s shall be Arabic numbers or alphabetic letters. Numbers shall be a minimum of 4 inches high w' a minimum stroke width of 0.5 inch. From 0-199 ft from the street the number shall be a minimu of 6 inches high with a minimum stroke of 0.5 in es. From 200-299 ft from the street the number shal "be a minimum of 8 inches high with a minimum strok of 0.5 inches. For each additional 100 ft from tie street, the number shall increase by an addition 2 inches in height. Measurements to determine the minimum number size shall be measured from t approved address location to the center line of the street for which the premises is addressed. Where cess is by_means of a private road and the building cannot be viewed from the public way, a monument, ole or other sign or means shall be used to identify the structure. ~~ Section 506.1 Add a sentence to the end of the section to read as follows: An approved key bdx shalt-"-~ ~..~,.; be installed in an approved location on all new construction. ~~~- Exceptions: Group R-3 and unsecured R-2 occupancies. _ ~ -.- Section 507.5.1 Delete exceptions 1 & 2. - ' Section 605.9 Delete the section and replace with: Temporary wiring. Temporary wiring for el ctrical power and lighting installations is allowed for a period not to exceed 90 days for holiday decorative lighting, carnivals and similar purposes. Temporary wiring methods shall meet the applicable provisions of the Iowa City Electrical Code. Exception: Temporary wiring for electrical power and lighting installations is allowed during periods of construction, remodeling, repair or demolition of buildings, structures, equipment or similar activities. Temporary wiring methods shall meet the applicable provisions of the Iowa City Electrical Code. Ordinance No. Page 4 Section 605.10.5 Add a new section to read as follows: Fully enclosed. Portable, electric space heaters shall be fully enclosed space heaters that by design have no external surfaces that reach temperatures capable of igniting materials placed against the surface. Section 804.4 Add a new section to read as follows: Maintenance. The interior finish of buildings shall be maintained in accordance with the conditions of original approval. Any change to the interior finish that is regulated by the provisions of this code or the building code shall be made in accordance with all applicable requirements. Section 806.1 Add a sentence to the end of the section to read as follows: Natural or resin-bearing cut trees and natural decorative vegetation used in buildings open to the general public shall be properly treated with an approved flame retardant. Section 8 1.1 Delete the section and replace with: Restricted occupancies. tural cut trees shall be prohibited in G p A, B, E, I-1, I-2, I-3, I-4, M, R-1, and R-4 occupancies. Exception: Trees Gated in areas protected by an approved automatics inkier system installed in accordance with Sectio 03.3.1.1 or 903.3.1.2 shall not be prohibited in Gro ps A, B; E, M and R-1. Section 807.4.3.1 Delete ceptions 1 & 2. Section 807.4.4.1 Delete excep ' ns 1 & 2. Section 901.2 (a) Add a new section read as follows: Wat based fire protection systems. Working plan~..'~submi~®d to the fire department for ater based fire rotection systems shall be stamped and approved by:a qualified person to be in comp' nce with ap licable NFPA standards and the Iowa City f~w-,.,Fire ~ode.`Artq changes to the working plans sha a appr ved by a qualified person. A qualified person ~:~~shal~ave.a minimum National Institute for Certific 'o n Engineering Technologies [NICET] Level III `,~" "certifc~ation .for Automatic Sprinkler System Layout O be a licensed engineer with experience in life e~ `safe~j~ system-design. Other qualifications may be ap ove y the code official. ~~.:_ ,_ $~ction 901.2 (b) Add a new section to read follows: Fire larm systems. Working plans submitted to the fire department by a qualified person for ire alarm systems hall be stamped and approved by a quali~'ted perstsn to be in compliance with ap cable NFPA standard nd the Iowa City Fire Code. Any changes to the working plans shall be app ved by a qualified person. qualified person shall have a minimum National Institute for Certificatio in Engineering Technologies [ ET] Level III certification for Fire Alarm Systems OR be a license engineer with experience in life s ety system design. Other qualifications may be approved by th ode official. Section 903.2.1.2 Delete Sec ' n 903.2.1.2 and insert in lieu thereof the following. Section 903.2.1.2 A. New Group A-2 Occupancie An automatic sprinkler system shall be provided if o of the following conditions exist: 1) The fire area exceed 5,000 square feet; 2) The fire area has a occupant load of 100 or more; or 3) The fire area is to ated on a floor other than the level of exit discharge. B. Existing Group A-2 ccupancies and Group B Occupancies that existed prior to August 1, 20 7. An automatic sprinkler ystem shall be provided throughout the A-2 occupancy if one of the following conditions exists: 1) The A-2 c pancy has an occupant load of 299 or more and has an ABDL. Exemption: Single business occupancies in single story nonabutting buildings; or 2) The A-2 occupancy has an occupant load of 50-298 and is located on a floor other than the level of exit discharge and has an ABDL; or 3) Group B Occupancies located on a floor other than the level of exit discharge and which have an ABDL; or 4) Group A-2 Occupancies with occupant load of 100 or more that have an ABDL and are not regulated in B1 or 62 above, provided: There is a change in business ownership, defined as the sale, transfer, or assignment of any legal or equitable ownership interest, except that the owner may show to the building official's satisfaction that said change in ownership is one of form and not substance. Section 903.2.1.6 Add a new Section 903.2.1.6 as follows: Ordinance No. Page 5 Section 903.2.1.6. An automatic sprinkler system shall be provided throughout buildings and portions thereof used as new Group B occupancies with an ABDL or existing group B occupancy with a new (not a renewal) ABDL located on a floor other than the level of exit discharge. The automatic sprinkler system shall be provided throughout the floor area where the new Group B occupancy with an ABDL or where the group B occupancy with a new ABDL is located, and in all floors between the Group B occupancy and the level of exit discharge. Section 903.2.2 Delete the section and replace with: Group B ambulatory health care facilities. An automatic sprinkler system shall be installed throughout all fire areas containing a Group B ambulatory health care facility occupancy. Section 903.3.5.3 Add a new section to read as follows: Water supply safety margin. Provide a minimum 10°/ , not less than 5 psi, safety margin above static pressure in the fire protection system hydraulic calculation. Section 903.4.2 Dele the section and replace with: Alarms. An approved weatherproof horn/strobe device shall be mounted ' ectly above the fire department connection between seven (7) and ten (10) feet in height above grade. water-flow alarm device shall be activated by water flow equivalent to the flow of a single sprinkler of th smallest orifice size inst ed in the system. Approved and supervised audible visual notification applia es shall be installed on each level of the interior of the building as required by the fire code official and FPA 72. Section 903.7 Add a new section to ad as fol ws: Zones. Automatic sprinkler system zones shall not exceed the area permitted by NFPA 1 or NF A 1.3R and shall provide a sprinkler control valve and waterflow device for each normally occupied oo . Section 906.1 Delete the exception withou s strtution. Section 906.3 Add a sentence to the d of th section to read as follows: The minimum size and rating of any required portable fire extingu' her for Cla A, Class B, or Class C hazard shall be 51b. 2-A, 10-B C. Section 907.2 Delete the section d replace with: Wher required-new buildings and structures. An approved and addressable fire alar system installed in accor ance with the provisions of this code and NFPA 72 shall be provided in new uildings and structures in a ordance with Sections 907.2.1 through 907.2.23 and provide occupant otification in accordance with 7.6, unless other requirements are provided by another section oft s code. A minimum of one manual ire alarm box shall be provided in an proved location to initiate a fire alarm signal for fire alarms terns employing automatic fire detectors water-flow detection devices. Where other sections of th' code allow elimination of fire alarm boxes a to sprinklers, a single fire alarm box shall be installe . EXCEPTION: ~~~ 1. The manual fire arm box is not required for fire alarm systems dedicated t elevator recatt-control arid supervisory servi Section 907.2 Delete the exception in Section 907.2.1 in its entirety and insert i --lieu thereof the°'° following exceptions: ,: EXCEPTION: ~' - 1) Except for Group A-2 occupancies with occupant loads of 200 or more, manual frre.aiarm.hoxes are not required where the building is equipped throughout with an automatic spranKler sys`t'em and the alarm notification appliances will activate upon sprinkler water flow. -'' ~;~ 2) Group A-2. An automatic/manual fire alarm system shall be installed in Group A-2 occupancies with occupant loads of 200 or more. Activation of the fire alarm shall additionally cause: a. Illumination of the protected premises to not less than 10foot-candles over the area of the room at a height of 30 inches above the floor; and b. All conflicting or confusing sounds and visual distraction to automatically stop. Section 907.2.3 Modify by adding a sentence to the end of the first paragraph as follows: New and existing educational occupancies shall have a monitored fire alarm system. Section 907.2.3 Modify by adding a 4th exception as follows: Ordinance No. Page 6 4. Day care occupancies classified as Group E Occupancy shall not require a monitored fire alarm system unless required elsewhere in the code. Section 907.2.9.1 Delete exception 2 without substitution. Section 907.2.11.2 Modify by adding a fourth location requirement as follows: 4) Supervised smoke alarms shall be installed in all common corridors and at the top and bottom of all stairway enclosures in Groups R-2, R-4 and I-1 occupancies. In corridors, detectors shall be located within fifteen (15) feet of the end of the corridor and in such a way that one detector is located for each thirty (30) feet of corridor length or spaced as allowed by the code. Section 907.2.13.2 Delete the section without substitution. Section 907.5.2 Add a sentence to the end of the section to read as follows: re in the opinion of the code official manual fire alarm boxes may be used to cause false fire al ms, the code official is authorized to modify the requirements for manual fire alarm boxes. Section 907.7.3 Modi deleting the exception and inserting in lie thereof: Exception: Automatic sprinkler system zones shall exceed the area permitted by NFP 13 and shall provide a sprinkler control valve and waterflow device reach normally occupied floor. Section 907.7.3.3 Add a section to ad as follows: Zone a d address location labeling. Fire alarm and/or annunciator panels shall have all zo sand address p ' is plainly and permanently labeled as to their location on the outside of the panel or on easily read le map of the building. Section 907.7.5 Add to the end of the section as an alpha/numeric descriptor location. Alpha/numeric the Iowa City Emergency Communications Center u~ as specified by the fire code official. Section 910.1 Delete exception 2 without su Each address point identification shall have or locations are required to be reported to ~tion of supervisory and/or alarm conditions Section 910.3.2.2 Delete section and re ace with: Sprinklered b 'Idings. Where installed in buildings provided with an approved automati sprinkler system, smoke and h t vents shall be designed to operate automatically by actuation of heat-responsive device rated at st 100 degrees F (38 degrees C) above the operating temperat a of the sprinkler. Exception: Gravity-operated dro -out vents complying with Section 910.3.2.1. Section 910.4.3 Delete section an replace with: Operation. Mechanical smoke exhau fans shall be automatically activated by heat det tors having operating characteristics equivalent to those escribed in Section 910.3.2. Individual manu controls for each fan unit shall also be provided. Section 912.7 Add a secti n to read as follows: Size. Minimum fire department connection size shall be 2'/z" National Standard T read. Section 912.8 Add a ection to read as follows: Water supply. Fire department connections shall be located not more than 0 feet from a hydrant and both the fire department connection and hydrant shall be located on the sa side of the fire department access or as approved by the fire code :official.,;; ~~-,-~ d. Section 102. Delete the exception in Section 1028.2 in its entirety and insert in lieu thereof tl~e ~ "~' following exceptions: ``' ~° EXCEPTION: ~_ , ~ ; ••~- 1) Except for Group A-2, in assembly occupancies where there is no well-defined nf~in~~exit ~_ whe~"~' multiple main exits are provided, exits shall be permitted to be distributed arounda~ie perimeter of the building provided that the total width of egress is not less than 100 percent of~he regtr d width. 2) The main entrance/exit of A-2 occupancies shall be of a width that accommodates not less than two-thirds of the total occupant load. Section 1029.1 Modify by deleting exceptions 1, 2, 4, & 7. Ordinance No. Page 7 Section 2306.7 Modify by deleting footnote "J" from TABLE 2306.2. Section 2703.5 Add a sentence to the end of the section to read as follows: Signs shall also comply with the requirements of the Iowa Right to Know law. Section 3301.1.3 Delete exception 4 and insert in lieu thereof: The possession, storage, sale, handling and use of gold star producing sparklers on wires which contain no magnesium or chlorate or perchlorate, flitter sparklers in paper tubes that do not exceed one-eighth of an inch in diameter, toy snakes which contain no mercury or caps used in cap pistols. Section 3404.2.9 Add a sentence to the end of the section to read as follows: For aboveground storage tank o 76 gallons capacity or more, the minimum distance between such aboveground tanks and any Residentia Zone boundary must be at least 100 feet. If the aboveground tank is located in an approved vault, the m' imum separation distance from,a Residential Zone boundary may be reduced to no less than 50 feet. Section 3404.2.11.2 Add #4 to the end of the ection to read as follows: 4) A minimum distance oft (10) feet shall a maintained between underground tanks and any Residential Zone boundary. Section 3404.2.13.2.4 Add a se ion to read as follows: Existing above-ground tank hazards. Existing above-ground tank installations, ve if previously approved, that are determined to constitute a hazard by the fire code official, shall not continued in'"service. Unsafe tanks shall be removed as required by the fire code official and in acc nce with this code. Section 3405.5.1 Add an exception t read as ollows: 6) Corridor installations are prohibited i Group-E o upancies. 3. Section 7-1-4, entitled, "Penalt~ s For Violation," hereby deleted and the following new Section 4 is inserted in lieu thereof: Violations of IFC 107.6, "Over rowding", as adopted i this title, shall be punishable as municipal infractions punishable by a civil pe alty of seven hundred fifty ollars ($750.00) for a first offense and one thousand dollars ($1,000.00) for second or subsequent offens All other violations of this chapter shall be a simple misdemeanor or a unicipal infraction punishable by penalty as provided in subsection 1-4- 2D of this code. SECTION il. REPEALE .Alt ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repe ed. SECTION III. SEVER ILITY. If any section, provision or part of the Or ~ ance shall be adjudged to be invalid or unconstitutional such adjudication shall not affect the validity of the rdinance as a whole or any section, provision or pa hereof not adjudged invalid or unconstitutional. SECTION IV. EFF CTIVE DATE. This Ordinance shall be in full force and a ct after its final passage, approval and publicati n, as provided by law. Passed and approved this day of , 2009. .~ _.,, ,.j..L MAYOR _ ..,. ,~;~:, .,~ ATTEST: L~ CITY CLERK Approved by: City Attorney's Office Ordinance No. Page 8 Hisbldg/Ord/2006 Code Amends/2006 IFC Ordinance.doc ~n--~ ~~~ Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 09-43h~ ORDINANCE AMENDING TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES, SECTION 8, PARKING VIOLATIONS, TO ADD A $50 PENALTY FOR SNOW EMERGENCY PARKING VIOLATIONS. WHEREAS, Iowa City Code 9-4-1(A)(16) prohibits parking upon a street on which parking is prohibited under Iowa City Code 9-4-9 by the. declaration of a snow emergency; and WHEREAS, Iowa City Code section 3-4-8: Parking Violations: sets the Amount of Fee, Charge, Bond, Fine and Penalty for various Parking matters; and WHEREAS, the City wishes to encourage compliance with the snow emergency parking regulations so that snow and ice can be removed efficiently and promptly from City streets during a snow emergency; and WHEREAS, the fine for a violation of the snow emergency parking regulations should be $50.00; and WHEREAS, it is in the best interest of the City to adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES, SECTION 8, PARKING VIOLATIONS: is hereby amended by adding: Parking where prohibited or restricted during a snow emergency - 50.00 SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication. Pas and appro ed t 17thday of November , 2009. M R ATTEST: ~ ~s,.~~~~~." " - CITY ERK Appr ved by ~~/A~~ City Attorney's Office Ordinance No. 09-4362 Page 2 It was moved by W; lburn and seconded by Wright that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Hayek ~~ O'Donnell ~_ Wilburn x Wright First Consideration 11 / 2 / 2009 Vote for passage: AYES: Hayek, 0' Donnell, NAYS: None. ABSENT: None. Second Consideration -----------------------' Vote for passage: Wilburn, Wright, Bailey, Champion, Correi< Date published 11 / 25 / 2009 Moved by Wilburn, seconded by Wright, 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: Bailey, Champion, Hayek, O'Donnell, Wilburn, Wright. NAYS: None. ABSENT: Correia. ( f°° Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 12, ENTITLED "FRANCHISES", OF THE CITY CODE TO ADD A CHAPTER IMPOSING A FRANCHISE FEE ON THE GROSS REVENUE OF FRANCHISEE MIDAMERICAN ENERGY COMPANY DERIVED FROM THE DISTRIBUTION AND RETAIL SALE OF ELECTRICITY AND THE DISTRIBUTION, DELIVERY AND RETAIL SALE OF NATURAL GAS BY MIDAMERICAN, OR OTHER NATURAL GAS PROVIDERS UTILIZING THE DISTRIBUTION SYSTEM OF MIDAMERICAN, TO CUSTOMERS WITHIN THE CURRENT OR FUTURE CORPORATE LIMITS OF THE CITY OF IOWA CITY, AND ON A REVENUE PURPOSE STATEMENT SPECIFYING THE PURPOSE OR PURPOSES FOR WHICH THE REVENUE COLLECTED FROM THE FRANCHISE FEE WILL BE EXPENDED WHEREAS, Iowa City's current gas and electric franchises with MidAmerican Energy Company reserve to the City the right to impose a franchise fee on MidAmerican's gross revenue from the sale of electricity and natural gas; and WHEREAS, Senate File 478 enacted by the state legislature during the 2009 session legalized such a franchise fee; and WHEREAS, Senate File 478 requires the City, prior to adopting a franchise fee rate ordinance, to prepare and publish a Revenue Purpose Statement specifying the purpose or purposes for which the revenue collected from the franchise fee will be expended; and WHEREAS, the Revenue Purpose Statement and notice of public hearing on this ordinance was published on October 26, 2009. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. TITLE 12, FRANCHISES: is hereby amended by adding Chapter 5, entitled "Franchise Fees" as follows: Chapter 5. Franchise Fees 12-5-1 Electric Franchise Fee Pursuant to Section 12-1-16 of the City's franchise agreement with MidAmerican Energy Company (hereinafter "Company"), there is hereby imposed upon the Company a franchise fee in an amount equal to two percent (2%) of the gross revenue of the company, minus uncollectible accounts, derived from the distribution, delivery and retail sale of electricity by the company to customers within the current or future corporate limits of the city, commencing with gross revenue received on or after April 1, 2010. 12-5-2 Gas Franchise Fee Pursuant to Section 12-2-13 of the City's franchise agreement with the Company, there is hereby imposed upon the Company a franchise fee in an amount equal to two percent (2%) of the gross revenue of the company, minus uncollectible accounts, derived from the distribution, delivery and retail sale of natural gas by the company or other natural gas providers utilizing the distribution system of the Ord. No. Page 2 company, to customers within the current or future corporate limits of the city, commencing with gross revenue received on or after April 1, 2010. 12-5-3 Audit The city may, at its option, require that an audit of the calculation and basis for calculation of the franchise fee be conducted by an auditor of the city's selection and the company will cooperate with such an audit. Said audit shall not be conducted more than once a year. The city shall pay the costs of the audit unless the audit shows an underpayment of franchise fees by an amount equal to three percent (3%) or more of the fees, in which event the company shall pay the cost of the audit. 12-5-4 Revenue Purpose Statement The revenue collected from said franchise fees will be expended for any of the following purposes: 1. Inspecting, supervising and otherwise regulating the MidAmerican Energy Company's gas and electric franchises. 2. Public safety, including the equipping of fire, police and emergency services. 3. Public infrastructure to support commercial and industrial economic development. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication. Passed and approved this day of , 2009. MAYOR ATTEST: CITY CLERK A roved by ~~ - a~-a9 City Attorney's Office Ordinance No. Page It was moved by and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright First Consideration 11 / 2 / 2009 Vote for passage: AYES: 0' Donnell, Wilburn, NAYS: Champion. ABSENT: None. Second Consideration 11 / 17 / 2009 Vote for passage: AYES: Hayek, O'Donnell, ABSENT: Correia. Date published that the Ordinance Wright, Bailey, Correia, Hayek. Wilburn, Wright, Bailey. NAYS: Champion. ~ ~5 NOV 17 2009 November 13`h 2009 Honorable Regenia Bailey and Iowa City Council Members 410 E. Washington Street Iowa City, Iowa Dear Mayor Bailey and Council, City Clerk 3owa City, Iowa. The Iowa City Drug Products Association is the local union representing the Iowa City Procter and Gamble employees at the 22001ower Muscatine Road site. Our members regularly give of themselves to the community and contribute greatly to the local economy. We recognize the need of the city council to have heard from as many of those affected by pending decisions that could impact the industries of the city and would like to submit our concerns as the council considers the implementation of a utility franchise fee. The Association is fully supportive of the city's desire to invest in critical infrastructures for public service including the new fire station and much needed staffing for the police department. We are concerned however, that the utility franchise fee as proposed is an added tax at a time when business is under pressure and many hard choices are being made to cut costs. With a new contract on the horizon we feel that the added tax will impact our ability to negotiate for wages and benefits. We are also concerned that the tax could impact future siting considerations affecting jobs and hiring. In light of the fact that the company pays higher percentage rate property taxes than residential and agricultural property we would suggest a course of action in which the city takes into consideration other measures. We would suggest budget cuts or more broadly sharing the burden in a way voters can have a say in. Our site has enjoyed real growth in the past three years hiring over 300 people and expanding the business in a tough environment. This is in part due to the utility structure currently in place which makes us very competitive versus other sites. We would kindly ask the Mayor and Council to take this into consideration when making their decision on the franchise fee issue. Sincerely, ris Hoenig- President - I w City Drug Products Association a,.JIJuC..~l l~. Darryl Campbell -Vice resident -Iowa City Drug Products Association :~~~.~~, ete Bah -Secretary -Iowa City Drug Products Association Tim Kral -Treasurer -Iowa City Drug Products Association NOV 17 2009 city clerk Iativ:, ~~~_~, laha 15 Marian Karr From: Nila Haug [imahaug@goldenhaug.com] Sent: Monday, November 02, 2009 9:05 PM To: Council Subject: Exempt Property Tax Could the city council please tell us residents of the city who the 1/3 tax exempt properties are, in addition to the University, who do not pay property taxes? Is Regina Bailey aware that the University of Iowa produces 90% of its own power? Will the proposed franchise fee on 10% of University's power amount to a significant income to the city? The city council has been elected to be overseers of our city government and it appears they are taking orders from the city administration instead. Although the City Council believes the collection of utility franchise fees is the easiest way to solve the budget woes, I do not believe this franchise fee collection should be the city council's decision alone. The decision to collect franchise fees on utilities is something to be decided by the people of this city on a ballot. The city government and staff are here for the good of the residents of this city and are paid by us as well. Isn't it the responsibility of the city government to be held accountable to prioritize their spending and operate within the means they have? Perhaps if the city departments would come up with cuts to their departments budgets as was suggested or requested by the fired city administrator, Mike Lombardo, the city may have been able by now to come up with some savings to spend on funding the desired fire department and additional police personnel. Nila Haug This correspondence will become a public record. 11 /2/2009 Marian Karr From: sam hays (haymish28@yahoo.com] Sent: Monday, November 02, 2009 5:10 PM To: Council Subject: Franchise Fee Ordinance Hello, I am an Iowa City resident, and I just want to let you know that I am against the proposed franchise tax, I mean "fee," ordinance. This is a really bad idea. There are countless other ways, I'm sure, to raise funds for more public infrastructure - namely through budget cuts, and the termination of unnecessary projects. Taxing businesses and individuals in this way is not only unnecessary, but immoral, especially during such an economic slump. I view this proposition as an ideological abuse of power. Just because you have the so-called authority and power to tax people, does not make it legitimate. Please, stop this government intervention in the private sector. Vote 'no' on this ordinance. Sincerely, Sam Hays 1 I~ November 13th 2009 Honorable Regenia Bailey and Iowa City Council Members 410 E. Washington Street Iowa City, Iowa Dear Mayor Bailey and Council, The Iowa City Drug Products Association is the local union representing the Iowa City Procter and Gamble employees at the 22001ower Muscatine Road site. Our members regularly give of themselves to the community and contribute greatly to the local economy. We recognize the need of the city council to have heard from as many of those affected by pending decisions that could impact the industries of the city and would like to submit our concerns as the council considers the implementation of a utility franchise fee. The Association is fully supportive of the city's desire to invest in critical infrastructures for public service including the new fire station and much needed staffing for the police department. We are concerned however, that the utility franchise fee as proposed is an added tax at a time when business is under pressure and many hard choices are being made to cut costs. With a new contract on the horizon we feel that the added tax will impact our ability to negotiate for wages and benefits. We are also concerned that the tax could impact future siting considerations affecting jobs and hiring. In light of the fact that the company pays higher percentage rate property taxes than residential and agricultural property we would suggest a course of action in which the city takes into consideration other measures. We would suggest budget cuts or more broadly sharing the burden in a way voters can have a say in. Our site has enjoyed real growth in the past three years hiring over 300 people and expanding the business in a tough environment. This is in part due to the utility structure currently in place which makes us very competitive versus other sites. We would kindly ask the Mayor and Council to take this into consideration when making their decision on the franchise fee issue. Sincerely, ,.. `~ _;~ `~ Chris Hoenig, President -Iowa City Drug Products Association <=' =-~- -~ .- r ~~ Prepared by: Sara F. Greenwood, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. ORDINANCE AMENDING ORDINANCE CODE SECTION 16-1D-2, ENTITLED "PERMIT REQUIREMENTS" TO REQUIRE AND ALLOW COUNCIL TO SET BY RESOLUTION AN EXCAVATION PERMIT FEE SCHEDULE. WHEREAS, the City does not currently require a permit fee for excavation permits issued to pertorm excavations within the public right-of-way; and WHEREAS, the City desires to require an excavation permit fee and allow the Council to set said fee schedule by resolution; and WHEREAS, said excavation permit fees will cover the administrative costs incurred by the City in issuing such permits, and inspecting and monitoring the permitted work. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 16, entitled "Public Works," Chapter 1, entitled "Streets, Sidewalks and Public Right Of Way," Article D, entitled "Excavations," Section 2, entitled "Permit Requirements" is hereby amended by adding the following subsection: D. Permit Fee: The fee for each permit shall be as set forth in the excavation permit fee schedule as established by resolution of the city council and shall be paid by all parties wishing to make excavations pursuant to this Article, except for those parties with which the City has a franchise agreement and from whom the City receives franchise fees. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2009. MAYOR ATTEST: CITY CLERK Approved by Gttu. %~1tP.tit~,vV07~ ~( City Attorney's Office ~ ~ / ,Z g / ~~, 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 Correia Hayek O'Donnell Wilburn Wright First Consideration 11/2/2009 Vote for passage: AYES: Champion, Correia, Hayek, O'Donnell, WiJ.burn, Wright, Bailey. NAYS: None. ABSENT: None. Second Consideration 11 / 17 / 2009 Vote for passage: AYES: O'Donnell, Wilburn, Wright, Bailey, Champion, Hayek. NAYS: None. ABSENT: Correia. Date published .