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HomeMy WebLinkAbout2015-07-15 Ordinance4a Prepared by: Katie Gandhi, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 (REZ15-00011) ORDINANCE NO. 15-4628 AN ORDINANCE AMENDING THE PLANNED DEVELOPMENT OVERLAY PLAN FOR SADDLEBROOK MEADOWS PART 1 TO ALLOW A REDUCTION OF THE FRONT YARD SETBACK FOR CERTAIN PROPERTIES LOCATED ON BLAZING STAR DRIVE (REZ15-00011). WHEREAS, the applicant, Saddlebrook Meadows Development Inc., has requested an amendment to the previously approved OPD plan for the property located at Whispering Meadows Drive and Pinto Lane, in order to reduce the 20 foot front yard setback for four lots: Lot 43 to 13.91 feet, Lot 42 to 15.44 feet, Lot 41 to 16.96 feet, and Lot 40 to 18.48 feet; and WHEREAS, this amendment will allow the home on Lot 43 to maintain its full front porch, maximizing the amount of usable outdoor space on the small lot; and WHEREAS, this amendment will permit the developer to stair -step the setbacks on the next three lots west of Lot 43, helping to maintain the character and uniformity of homes within the neighborhood, WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The Amended OPD Site Development Plan for the property described below is approved: Lots 39, 40, 41, 42, 43, Saddlebrook Meadows Part 1, Iowa City, Iowa, in accordance with the plat thereof recorded in plat book 49, page 3, in the records of the Johnson County, Iowa Recorder's office. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION III. 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 to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. ATTEST: " CI CLERK Appr ved by Gr c ,, City Attorneys Office /w ��- Ordinance No. 15-4628 Page 2 It was moved by Mims and seconded by Botchway that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton First Consideration 06/16/2015 Vote for passage: AYES: Hayek, Mims, Payne, Throgmorton, Botchway, Dickens. NAYS: None. ABSENT: Dobyns. Second Consideration _ Vote for passage: Date published 07 /21/201 Moved by Mims, seconded by Botchway, 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. yal. Marian Karr From: Steve Gordon <sgordon@am management.net> Sent: Thursday, July 02, 2015 3:14 PM To: Marian Karr Subject: REZ15-00011 Hello Marian. This is Steve Gordon with AM Management. We would respectfully request that the City Council consider condensing the 2nd and 3rd reading for rezoning item RE15-00011 at its next regularly scheduled meeting. Thank You. Steve —er1sas- 4b Prepared by: John Yapp, Development Services Coordinator, 410 E. Washington Street, Iowa City, IA 52240; 319-356- 5252 (REZ-15-00010) ORDINANCE NO. 15-4629 ORDINANCE REZONING APPROXIMATELY 12,000 SQUARE FEET FROM CENTRAL BUSINESS SERVICE (CB -2) ZONE TO CENTRAL BUSINESS SUPPORT (CB -5) ZONE LOCATED AT 410 IOWA AVE. (REZ15-00010) WHEREAS, the applicant, the City of Iowa City, has requested a rezoning of property located at 410 Iowa Ave from Central Business Service (CB -2) Zone to Central Business Support (CB -5) Zone; and WHEREAS, this rezoning is consistent with the CB -5 designation of other private properties in the 400 Block of Iowa Ave; and WHEREAS, the Comprehensive Plan Future Land Use Map identifies the north side of Iowa Ave as appropriate for mixed use development, and the CB -5 Zone allows a mix of uses; and WHEREAS, the Comprehensive Plan states that Iowa City is experiencing increasing demand for higher - density housing located in walkable neighborhoods, especially those close to downtown and campus; and WHEREAS, the purpose of the Central Business Support (CB -5) zone, as stated in the Zoning Ordinance, is to serve as a transition between the intense land uses located in the Central Business District and adjoining areas; the 410 Iowa Ave property and adjacent properties on the 400 Block of Iowa Ave are in between the Central Business District and neighborhoods to the east; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and recommends approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning designation of Central Business Service (CB -2) Zone to Central Business Support (CB -5) Zone Lot 6 of Block 45, City of Iowa City Original Town Plat, according to the plat thereof recorded in the records of the Johnson County, Iowa, Recorder's office. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION III. 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 to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. 11-�� MAYOR ATTEST: 9 /J CI CLERK Appr d by ity Attorneys Office �� /� Ordinance No. 15-4629 Page 2 It was moved by Mims and seconded by Botchway that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns X— Hayek x Mims X— Payne x Throgmorton First Consideration 06/16/2015 Voteforpassage: AYES: Hayek, Mims, Payne, Throgmorton, Botchway, Dickens. NAYS: None. ABSENT: Dobyns. Second Consideration _ Vote for passage: Date published 07/23/2015 Moved by Mims, seconded by Botchway, 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. 4c Prepared by: Katie Gandhi, Planning Intern, NDS 410 E. Washington, Iowa City, IA 52240 (319) 356-5230 (REZ13- 00010) ORDINANCE NO. 15-4630 AN ORDINANCE CONDITIONALLY REZONING 7.8 ACRES OF PROPERTY LOCATED ON THE WEST SIDE OF MILLER AVE, SOUTH OF BENTON STREET, FROM MEDIUM DENSITY SINGLE-FAMILY (RS -8) TO PLANNED DEVELOPMENT OVERLAY/MEDIUM DENSITY SINGE -FAMILY (OPD -8). (REZ13-00010) WHEREAS, the applicant, Iowa City Co -Housing, L.L.C. has requested a rezoning of 7.8 -acres of land located on the west side of Miller Avenue south of Benton Street from Medium Density Single -Family (RS -8) to Planned Development Overlay/Medium Density Single Family (OPD -8) to allow development of Prairie Hill, a 33 -unit co -housing development; and WHEREAS, the proposed development is consistent with the City's efforts to provide a variety of housing types within the neighborhood and are consistent with the intent of the OPD section of the code; and WHEREAS, the applicant submitted a landscape and tree plan in compliance with the code of ordinances, however, because the tree plan involves planting a substantial number of plantings on City property, including right-of-way, it is in the public interest to require review and approval of the final landscaping plan by the City Forester to ensure proper species diversity; and WHEREAS, due to the proposed private street and stormwater management facilities having the potential to drain onto adjacent properties and Miller Avenue, it is appropriate to place a condition on the rezoning to require that the design of this private infrastructure be reviewed and approved by the City Engineer; and WHEREAS, due to the increased residential density allowed by this rezoning, pedestrian access to Benton Street along the subject property and along the public Benton Hill Park is an important component to realizing the comprehensive plan goals for pedestrian -friendly neighborhoods with sidewalk connectivity; 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 addressing the need for a city -approved storm water management plan, a city - approved landscape and tree replacement plan, and sidewalk construction on Miller Street adjacent to Benton Hill Park; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owner and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. 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 Medium Density Single -Family (RS -8) to Planned Development Overlay/Medium Density Single Family (OPD -8): Lot 3 Ruppert Hills Subdivision to Iowa City, Iowa, in accordance with the plat thereof recorded in Plat Book 46, at page 47, in the records of the Ordinance No. 15-4630 Page 2 Johnson County Recorder's Office, containing 7.80 acres and subject to easements and restriction of record. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION Ill. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 15th day of July , 2015. W%�WNWW' ATTEST:� 9rd CIT LERK Approved by 4. 'City Attorney's Office /' ok- Ordinance No. 15-4630 Page 3 It was moved by Mims and seconded by Botchwa Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X— Botchway x Dickens X— Dobyns x Hayek X— Mims x Payne x Throgmorton that the First Consideration 06/16/2015 Voteforpassage: AYES: Dickens, Hayek, Mims, Payne, Throgmorton, Botchway. NAYS: None. ABSENT: Dobyns. Second Consideration _ Vote for passage: Date published 07/23/2015 Moved by Mims, seconded by Payne, 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. Prepared by: Katie Gandhi, Planning Intern, NDS 410 E. Washington, Iowa City, IA 52240 (319) 356-5230 (REZ13-00010) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Iowa City Co -Housing, L.L.C. (hereinafter "Owner"). WHEREAS, Iowa City Co -Housing, L.L.C. has requested a rezoning of 7.8 -acres of land located on the west side of Miller Avenue south of Benton Street from Medium Density Single - Family (RS -8) to Planned Development Overlay/Medium Density Single Family (OPD -8) to allow development of Prairie Hill, a 33 -unit co -housing development; and WHEREAS, the proposed development is consistent with the City's efforts to provide a variety of housing types within the neighborhood and are consistent with the intent of the OPD section of the code; and WHEREAS, the applicant submitted a landscape and tree plan in compliance with the code of ordinances, however, because the tree plan involves planting a substantial number of plantings on City property, including right-of-way, it is in the public interest to require review and approval of the final landscaping plan by the City Forester to ensure proper species diversity; and WHEREAS, due to the proposed private street and stormwater management facilities having the potential to drain onto adjacent properties and Miller Avenue, it is appropriate to place a condition on the rezoning to require that the design of this private infrastructure be reviewed and approved by the City Engineer; and WHEREAS, due to the increased residential density allowed by this rezoning, pedestrian access to Benton Street along the subject property and along the public Benton Hill Park is an important component to realizing the comprehensive plan goals for pedestrian -friendly neighborhoods with sidewalk connectivity; 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 addressing the need for a city -approved storm water management plan, a city - approved landscape and tree replacement plan, and sidewalk construction on Miller Street adjacent to Benton Hill Park; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a 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 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. Iowa City Co -Housing, L.L.C. is the legal title holder of the property legally described as Lot 3 Ruppert Hills Subdivision to Iowa City, Iowa, in accordance with the plat thereof recorded in Plat Book 46, at page 47, in the records of the Johnson County Recorder's Office, containing 7.80 acres and subject to easements and restriction of record. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and that pursuant to Iowa Code §414.5 (2015), the City may impose reasonable conditions on granting a rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. A landscaping and tree replacement plan shall be reviewed and approved by the City Forester prior to issuance of any building permit for any construction activity on the property; b. Prior to issuance of any occupancy permit for any structure constructed on the subject property, or a portion thereof, Owner shall design and construct a sidewalk along Lot 3 and Outlot A, Ruppert Hills Subdivision, subject to a cost-sharing agreement between Owner and the City of Iowa City wherein the City shall be responsible for the cost of constructing the sidewalk adjacent to Outlot A (Benton Hill Park); and c. Review and approval of construction drawings for the private street and the storm water management facility by the City Engineer, prior to the final site plan approval. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2015), 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 will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner 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 15th day of Jul CITY OF IOWA CITY Matthew Hayek -, Mayor' 2 _, 2015. By. Fac. 141 Attest: Marian K. Karr, City Clerk By: Approved by: 4�t-tz . City Attorney's Office (e boor CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on '-J , 201Y by Matthew J. Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. A/- �Gc7Ti Notary Public in and for the State of Iowa (Stamp or Seal) �d KELLIE K. TUTTLE Commission Number 221819 My commission expires: hry Commis ion xpires � i ViN Iowa City Co -Housing, LLC ACKNOWLEDGMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this Cj_ day of -5 , 2015 by �<au-V-, i4 c,I1-aL.. cQ --12i (Name(s) of individual(s)) as VLF uAIftR— oa rro n !6SQQ fS (type of authority, such as officer or trustee) of Iowa City Co -Housing, L.L.C.. 7ON My commission expires: nj1 :1 ie 43 - C' Marian Karr From: Del Holland <delholland@aol.com> Sent: Tuesday, June 30, 2015 9:29 AM To: Marian Karr Subject: Collapse of City Council reading for ICCH ordinance Mariam, Since there has been no opposition to ICCH,LLC's proposal for rezoning, we would like to request collapse of the third reading of the ordinance into the City Council meeting July 27. Del Holland Member ICCH, LLC Board of Managers 07-110-15 6 Prepared by: Tim Hennes, Sr. Building Inspector, 410 E. Washington St., Iowa City, IA 52240; 319-356-5122 ORDINANCE NO. 15--4-631 AN ORDINANCE AMENDING TITLE 17, CHAPTER 1, BUILDING CODE, BY ADOPTING THE INTERNATIONAL BUILDING CODE, 2015 EDITION, INCLUDING APPENDIX K, AND THE INTERNATIONAL RESIDENTIAL CODE, 2015 EDITION , INCLUDING APPENDIX F AND APPENDIX J, AND PROVIDING FOR CERTAIN AMENDMENTS THEREOF; ADOPTING SECTION 103.6(1)(A) OF THE CODE OF IOWA (THE STATE ELECTRICAL CODE) AND SECTION 105.4(1)(A) OF THE CODE OF IOWA (THE STATE PLUMBING AND MECHANICAL CODES); REPEALING CHAPTERS 2, PLUMBING CODE, 3, ELECTRICAL CODE, 4, MECHANICAL CODE, 5, ABATEMENT OF DANGEROUS BUILDINGS CODE, AND 13, FUEL GAS CODE; AMENDING CHAPTER 12, ENTITLED APPEALS; AND AMENDING TITLE 6, ENTITLED PUBLIC HEALTH AND SAFETY, CHAPTER 1, ENTITLED NUISANCES; TO PROVIDE FOR THE PROTECTION OF THE HEALTH, WELFARE AND SAFETY OF THE RESIDENTS OF IOWA CITY, IOWA. WHEREAS, the current building code is the 2009 edition of the International Building Code (IBC) and the International Residential Code (IRC), and the City should adopt the 2015 editions of those codes; WHEREAS, for purposes of uniformity throughout the State, the State Code has been amended to require all local jurisdictions to adopt the State Plumbing and Mechanical Codes by December 31, 2016; WHEREAS, the fuel gas code is contained in the State Plumbing Code; WHEREAS, for uniformity in greater Johnson County area, the City should adopt the State Electrical Code; WHEREAS, for more than ten years the City has enforced dangerous buildings through its nuisance code rather than Section 17-5 (Abatement of Dangerous Building Code) because utilizing the judicial system, rather than administrative process, is a better forum both for the City, as well as the building owner; and WHEREAS, the purpose of this ordinance to provide for the protection of the health, welfare and safety of the r , is of Iowa City, Iowa. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. 1. Sections 17-1, 17-2, 17-3 and 17-4 of the Iowa City Code are hereby repealed and the following new Sections 17-1, 17-2, 17-3 and 17-4 are enacted in lieu thereof. 17-1-1: Codes Adopted: Subject to the following amendments, the 2015 edition of the international building code (IBC) including Appendix K, electrical administrative process, and 2015 edition of the international residential code (IRC) including Appendix F, radon control methods, Appendix J, Existing Buildings And Structures, are adopted. Additionally, the City further adopts, Section 103.6(1)(a) of the Iowa Code (the Iowa State Electrical Code), Section 105.4(1)(a) of the Iowa Code (the Iowa State Mechanical Code), and Section 105.4(1)(a) of the Iowa Code (the Iowa State Plumbing Code). Collectively, they shall be known as the Iowa City building code or the building code. Interpretations of the building official may be guided by publications of the International Code Council, Inc., or the International Existing Building Code. 17-1-2: Interpretation of Building Code provisions: The provisions of this Code shall be held to be the minimum requirements adopted for the protection of the health, safety and welfare of the residents of Iowa City. Any higher standards in the state statute or City ordinance shall be applicable. 17-1-3: Amendments to Code: The following sections of the 2015 edition of the international building code and 2015 edition of the international residential code are amended as follows: 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." 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: a. Less than 50% of the structural sheathing is replaced and other structural alterations are not required. b. The structure is not in a Historic Preservation Overlay Zone or is not an Iowa City Historic Landmark. Note: Applying solid sheathing over space sheathing is not considered structural sheathing. 15. For structures regulated by the IRC reapplication of siding provided: The structure is not in a Historic Preservation Overlay Zone, or a Conservation DistrictOverlay Zone, or is not an Iowa City Historic Landmark. . 16. For structures regulated by the IRC replacing windows provided: a. Replacement window(s) is in compliance with Appendix J. b. The structure is not in a Historic Preservation Overlay Zone, or a Conservation DistrictOverlay Zone, or is not an Iowa City Historic Landmark. 17. For structures regulated by the IRC replacing exterior doors, including garage doors, provided: a. Replacement door(s) is in compliance with Appendix J. b. They a re not street facing doors i n structure located in a Historic Preservation Overlay Zone or are not an Iowa City Historic Landmark. Note: screen and storm doors do not require a permit regardless of the location. Electrical: 1. Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by this code. 2. Repair or replacement of fixed motors, transformers or fixed approved appliances of the same type and rating in the same location. 3. Temporary decorative lighting. 4. Repair or replacement of current -carrying parts of any switch, contactor, control device or contact device of the same type and/or rating. 5. Replacement of non -emergency over -current device of the required ampacity and interrupt rating in the same location. 6. Repair or replacement of electrodes or transformers " of the same size and capacity for signs or gas tube systems. 7. Temporary wiring for experimental purposes in suitable experimental laboratories. 8. The wiring for temporary theater, motion picture or television stage sets. Gas: 1. Portable heating, cooking or clothes drying appliances. 2. Replacement of any minor part that does not alter approval unsafe. 3. Portable -fuel -cell appliances that are not connected tc interconnected to a power grid. Mechanical: 1. Portable heating appliances. 2. Portable ventilation appliances. 3. Portable cooling units. of equipment or make such equipment a fixed piping system and are not 4. Steam, hot- or chilled -water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 6. Portable evaporative coolers. 7. Self-contained refrigeration systems containing 10 pounds (4.54 kg) or less of refrigerant or that are actuated by motors of 1 horsepower (746 W) or less. 8. Portable -fuel -cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. 9. The replacement of fixed appliances provided however that the replacement appliance is in the same location and has a rating equal to or less than the appliance being replaced, and it is not necessary to remove, replace, alter, or install any additional ductwork or piping. Plumbing: 1. The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. 3. The replacement or removal and reinstallation of any fixture or appliance, provided, however, that the fixture or appliance is installed at the same location and it is not necessary to remove, replace, alter, or install any piping. Exemption from the permit requirements of this Code shall not be deemed to grant authorization for any work to be done in 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. 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. Section 105.8 of the IBC and R105.10 of the IRC. Add two new Sections 105.8 and 105.8.1 to the IBC and R105.10 and R105.10.1 to the IRC as follows: 105.8(IBC) R105.10(IRC) Demolition permits required. A demolition permit shall be required as follows: 1. For the removal of any building or structure. 2. For the removal of any portion of a building (i.e. porch, porch railing, decorative brackets and trim, dormers, chimneys, etc.) that is located within a Historic Preservation Overlay Zone or a Conservation District Overlay Zone, or is an Iowa City Historic Landmark. 105.8.1(IBC) and R105.10.1 Requirements. 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 and dangerous buildings shall be exempt from said notice and waiting requirement. Section 105.9 of the IBC and R105.11 of the IRC. Add two new Sections 105.9 to the IBC and R105.11 to the IRC as follows: 105.9 (IBC) and R105.11 (IRC) Permittee: 1. An electrical, plumbing or mechanical permit may be issued to any person holding a valid master license for the respective trade as described in Section 17-11-1 E of the Iowa City Code, or to any company who employs a duly licensed master in the respective trade on a full-time basis who supervises the work of the apprentice and or journeymen during the company's normal business hours. 2. An electrical, plumbing or mechanical 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 electrical work in connection with said dwelling and accessory buildings. The owner must personally purchase all material and perform all labor in connection with the permit. Applicants for a homeowner's electrical permit shall pass the designated exam before a permit may be issued. 3 3. The homeowner's test required in subsection 2 of this section may be waived if the applicant is a duly licensed electrician with a minimum of a journeyman status. Section 105.10 of the IBC and R105.12 of the IRC. Add two new Sections 105.10 to the IBC and R105.12 to the IRC as follows: 105.10 (IBC) and R105.12 (IRC) Insurance: Before any permit to perform electrical or plumbing work may be issued, the applicant shall have on file with the building official a copy of a certificate of insurance stating the liability amounts of no less than three hundred thousand dollars ($300,000.00) property damage and five hundred thousand dollars ($500,000.00) bodily injury. The city shall be named as additional insured. The policy shall also provide for at least ten (10) days' notice by the insurer to the city of termination of the policy by the insured or insurer. Electrical permits issued under sections 105.9 (IBC) and R105.11 (ICR) 2 and 3 shall be exempted from this insurance requirement. Section R107.3 of the IRC and Section 108.3 of the IBC. Amend Section R107.3 of the IRC and Section 108.3 of the IBC as follows: R107.3 (IRC) 108.3 (IBC) Temporary Power: Replace the "NFPA 70" with "Iowa State Electrical Code.". Section R108.2 of the IRC and Section 109.2 of the IBC. Delete Section R108.2 of the IRC and Section 109.2 of the IBC and insert in lieu thereof the following: R108.2 (IRC) 109.2 (IBC) Permit Fees and Valuations. The fee for any permit shall be as set forth in the 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. Section R108.3 of the IRC and Section 109.3 of the IBC. Delete Section R108.3 of the IRC and Section 109.3 of the IBC and insert in lieu thereof the following: R108.3 (IRC) 109.3 (IBC) Plan Review Fees. When a plan or other data are required to be submitted by Section 106 and the value of the proposed building or work exceeds fifteen thousand dollars ($15,000), a plan review fee shall be paid before the permit may be issued. Should the project be abandoned and the permit not issued after the plan review has been started, the plan review fee shall still be due and payable. The plan review fee shall be as set forth by resolution of City Council. Plan review fees are separate fees from the permit fee specified in Section R108.2 and 109.2 and are in addition to permit fees. Section R108. 5 of the IRC and Section 109.6 of the IBC: Delete Section R108.5 in the IRC and Section 109.6 of the IBC and insert in lieu thereof the following: R108.5 (IRC) 109.6 IBC Refunds: The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee within one hundred eighty (180) days from the date of fee payment. Section R108.6 of the IRC and Section 109.4 of the IBC. Delete Section 108.6 of the IRC and Section 109.4 of the IBC and insert in lieu thereof the following: R108.6 (IRC) 109.4 (IBC) Work commencing before permit issuance: Any person who commences work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee equal to the amount of the permit fee if a permit were issued. This fee shall be collected whether or not a permit is issued. The payment of such fee shall not exempt any person from compliance with all other provisions of this Code or from any penalty prescribed by law. Only the Building Official may reduce this fee when it is demonstrated that an emergency existed that required the work to be done without a permit. Section R112 of the IRC and Section 113 of the IBC. Delete Section R112 of the IRC and Section 113 of the IBC and insert in lieu thereof the following: Section R112 of the IRC and Section 113 of the IBC Appeals: See Title 17 Chapter 12 Appeals in the City Code. 4 Section 202 of both the IBC and IRC. Add new definition as follows: Authority Having Jurisdiction. The organization, office, or individual responsible for approving equipment, materials, an installation, or a procedure. Section 202 of both the IBC and IRC. Add new definition as follows: Chief Electrical Inspector. A building inspector who either is the authority having jurisdiction or is designated by the authority having jurisdiction and is responsible for administering the requirements of this code. Section 202 of both the IBC and IRC. Add new definition as follows: Electrical Inspector. A building inspector authorized to perform electrical inspections. Section 202 of both the IBC and IRC. Add new definition as follows: Family: See Title 14 Chapter 9 Article A Zoning Definitions in the City Code. Section 202 of both the IBC and IRC. Add new definition as follows: Emergency Communications Center. Shall mean the the Johnson County Emergency Communications Center. Section 202 of the IBC and IRC. Modify definitions as follows: Habitable space: Add a sentence to the end of the definition of habitable space or room to read as follows: Basement areas finished to a degree to encourage their use as anything other than storage or mechanical rooms shall be considered habitable space. Section R202 of the IRC. Delete definition of Accessory Structure and insert in lieu thereof the following: ACCESSORY STRUCTURE. See Title 14 Chapter 9 Article A Zoning Definitions in the City Code. Table R301.2 (1) of the IRC Modify by inserting data in the table as follows: Ground Wind Design Seismic Subject to Damage From Winter Ice -Barrier Flood Hazards Air Mean Topographic effects, Snow Speed Design Frost Design Underlaymen Freezing Load Special wind region, or Category Weathering line Termite Temp t Required NFIP FIRM Annual (mph) Maps Index Temp depth Wind-borne debris zone Moderate 25 115 No A Severe 42" -5'F Yes 5/22/77 2/16/07 2000 507 Heavy Section R302.5.1 of the IRC. Delete Section R302.5.1 of the IRC and insert in lieu thereof the following: R302.5.1 Opening protection. Openings from a private garage directly into a room used for sleeping purposes shall not be permitted. Other openings between the garage and residence shall be equipped with solid wood doors not less than 1 3/8 inches (35 mm) in thickness, solid or honeycombcore steel doors not less than 1 3/8 inches (35 mm) thick, or 20 -minute fire -rated doors. Section R302.13 of the IRC. Delete Section R302.13 of the IRC entirely. Section R304.1 of the IRC. Delete Section R304.1 of the IRC and insert in lieu thereof the following: R304.1 Minimum area. Habitable rooms shall have a floor area of not less than 70 square feet. Exception: Kitchens. Section R310.6 of the IRC. Delete Section R310.6 in the IRC and insert in lieu thereof the following: R310.6 Alterations or repairs of basements in structures built after May 10, 1989. An emergency escape and rescue opening is not required where existing basements undergo alterations or repairs. Alterations or repairs in structures built prior to May 10, 1989 shall conform to Appendix J Section AJ 102.4 Replacement windows. Exception: New sleeping rooms created in an existing basement shall be provided with emergency escape and rescue openings in accordance with Section R310.1. 5 Section R312.2 of the IRC and 1015.8 of the IBC. Delete Section R312.2 of the IRC and 1015.8 of the IBC entirely. Section R313 of the IRC: Delete Section R313 of the IRC entirely. Section 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. R320.2.2 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 a City -funded program or fund; 2. any real estate received by the owner through a subsidy, lease, or donation by the City or its agents; 3. preferential tax treatment, bond assistance, mortgage assistance, or similar financial advantages from the City or its agents; 4. disbursement of federal or state construction funds including a Community Development Block Grant; or 5. a City contract to provide funding or a financial benefit for housing. R320.2.3 Applicability. The amendment applies to new one- and two-family dwellings and is not required for new townhouses, accessory apartments or existing structures for repairs, alterations, change of occupancy or additions unless the square footage of the addition is more than 25% of the existing structure, then, the addition must comply. Exception: Applies to new townhouses constructed using public funds. The minimum usability requirements are as follows: 1. Step -less Entrance: At least one building entrance must be designed, without encroaching into any required parking space, that complies with the Iowa City Building Code standard for an accessible entrance on an accessible route served by a ramp in accordance with section R311.8 or a no -step entrance. The accessible route must extend from a vehicular drop-off, or parking to a building entrance. The entry door must have a minimum net clear opening of thirty-two inches (32"). Exception: 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. Note: Iowa City code only requires one parking space for single family dwellings. 2. Interior doors: At least one bedroom and one bathroom (if either are provided) and all other passage doorway headerwidths, 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 Exception: 1.If public funds are used the minimum door clear opening shall be thirty-two inches (32") when the door is open ninety degrees (90 ), measured between the face of the door and the opposite stop. 2.Doors serving closets twenty-four inches (24") or less in depth need not be framed to 38" clear opening width. Note: A 34" door hung in the standard manner provides an acceptable 32" opening. 3. Sanitation facilities: There must be at least one bathroom containing a water closet (toilet) and lavatory (sink) on the level of the dwelling to be accessed by the designed step -less entrance. The room shall have a minimum thirty inches (30") by forty-eight inches (48") clear floor space at the water closet and lavatory. The clear floor space can be shared by both fixtures. The clear floor space shall not be obstructed by a doorway swing. The plans must show a shower, bathtub or combination tub/shower can be provided within the room or an adjoining room without removing part of the concrete floor to provide necessary plumbing to the future plumbing fixture(s). Exception: 1.If public funds are used a shower, bathtub or combination tub/shower shall be provided within the room. 2.Doors may swing into the clear floor space provided at any fixture 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. Maneuvering space may include any knee space or toe space available below bathroom fixtures. 3.The building official may waive this requirement based on the determination that strict compliance is financially impractical. 4. Wall Reinforcement: A bathroom must be provided with wood blocking installed within wall framing to support grab bars as needed. The wood blocking, when measured to the center, will be located between thirty-three inches (33") and thirty-six inches (36") above the finished floor. The wood blocking must be L located in all walls adjacent to and behind a toilet. Exception: Backing is not required behind pre -manufactured showers and bathtubs. 5. Decks: All exterior decks 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. Decks shall be a minimum 50% the size of a patio that is served by level served by the designed step -less entrance. 6. Switch and outlet requirements: All wall switches, controlling light fixtures, fans, all temperature control devices and all receptacles shall be located in an area between fifteen (15) and forty- eight (48) inches above finished floor. The height will be determined by measuring from the finished floor to the center of the device. When the control or receptacle placement is prohibited by the height of the window or design feature, alternative locations may be approved by the building official. 7. Electrical panel requirements: Electrical panels on the level of the dwelling to be accessed by the designed step -less entrance shall be located so that the individual circuit breakers are located between 15" and 54 " above the floor. 8. Garages: Must be wired for power operated overhead Section R322 of the IRC. Delete section R322 of the IRC and insert in lieu thereof the following: R322. See Title 14 Chapter 5J Flood Plain Management Standards in the City Code. R322.1 Flood Resistive Materials. Building materials and installation methods used for flooring and interior and exterior walls and wall coverings below the elevation required in Title 14 Chapter 5J Flood Plain Management Standards in the City Code shall be flood damage -resistant materials that conform to the provisions of FEMA TB -2. Section R326 of the IRC. Delete Section R326 of the IRC entirely. Section 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 twelve inches (12") wide at the base. The top of the foundation shall not be less than six inches (6") above finish grade. Reinforcement of the slab, including the thickened portion, shall be minimum 6x6-10/10 welded wire mesh, #4 deformed reinforcing bars at twenty four inches (24") on center each way or fiber mesh reinforced concrete. 2. 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 the structure need not be provided with footings that extend below the frost line. Section R404.1.1 of the IRC: Amend Section R404.1.1 of the IRC by adding an Exception after number 2 as follows: Exception: Foundation walls with unbalanced lateral forces created by finish grade, i.e. walkout basements which are exempt from the Iowa Architectural Act shall be designed by a licensed structural engineer or constructed in accordance with the Table R404.1.1(5) and diagram as follows: CO = Corner Ban S=Span of Wall T=Thickness D - 4' Offset CBI Table R401.1.1(5) r - 8" & 12" Foundation Walls Provide corner bars to match horizontal foundation wall reinforcing Into wall 2' Span Well Thickness Horizontal Corner Bar (S) [T) Reinforcing (CB) 30'or less 8" #4 @ 12" 2'-0" 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" Frost Wall & Footing (Walkout) Notes: 1. Corner gars are required In addition to horizontal reinforcing. 2. All Comer Bar reinforcing splices shall be lapped a minimum of 24". 3. If span (5) is greater than 16', the minimum dimension of (D) shall be V. r4 2" Minlmum Inside Face of Wall to edge of reinforcing See Schedule for Horizontal Reinforcing #4 Reinforcing Vertical 30' O.C. Typical 04 Reinforcing Dow t Section R404.1.3 of the IRC. Modify Section R404.1.3 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'). Section 423.4 of the IBC. Delete Section 423.4 in its entirety and insert in lieu thereof the following: Group E occupancies. In areas where the shelter design wind speed for tornados is 250 MPH in accordance with Figure 304.2(1) of ICC 500, all new Group E occupancies shall have a storm shelter constructed in accordance with ICC 500. The shelter shall be capable of housing the total occupant load of the Group E occupancy or as required by 661-301 of the Iowa State Building Code, whichever is more restrictive. Exceptions: 1. Group E day care facilities. 2. Group E occupancies accessory to places of religious worship. 3. Buildings meeting the requirements for shelter design in ICC 500. 4. Portable buildings. Section 501.2 of the IBC (F). 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. Section R703.2 of the IRC. Modify by deleting the last sentence in the paragraph, Section R807.1 of the IRC. Modify by adding a sentence at the end of the second paragraph as follows: The opening shall not be located in a closet, bathroom, mechanical room, laundry room, or similar room or H. location. Section 903.2.1.2 of the IBC (F). Modify section 903.2.1.2 by adding a second paragraph as follows: Group A-2 Occupancies that existed prior to August 1, 2007: An automatic sprinkler system shall be provided throughout the A-2 occupancy with an occupancy load of 100 or more that have an ABDL and 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 903.2.1.8 of the IBC (F). Add a new Section 903.2.1.8 as follows: Section 903.2.1.8. 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 of the IBC (F). 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. Section 903.3.5.3 of the IBC (F). 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. Section 903.4.2 of the IBC (F). 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 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 903.6 of the IBC (F). Add a new Section 903.6 to the IBC to read as follows: 903.6 Zones. Automatic sprinkler system zones shall not exceed the area permitted by NFPA 13 or NFPA 13R and shall provide a sprinkler control valve and water flow device for each normally occupied floor Section 906.1 of the IBC (F). Delete the exception without substitution. Section 906.3 of the IBC (F). Add a sentence to the end of the section to read as follows: The minimum rating of any required portable fire extinguisher for Class A, Class B, or Class C hazard shall be 2-10 B C Section 907.2 of the IBC (F). 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 907.5, 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. Section 907.2.1 of the IBC (F). 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. Section 907.2.3 of the IBC (F). 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 of the IBC (F). Modify by adding a 4' 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 907.2.11.2 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 1-1 occupancies. In corridors, detectors shall be located within fifteen (15) feet of the end of the corridor and in such a way that one detector is located for each thirty (30) feet of corridor length or spaced as allowed by the code. 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. Section 907.6.4 of the IBC (F). 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. Section 907.6.4.3 of the IBC (F). Add a section to read as follows: Section 907.6.4.3 Zone and address location labeling. Fire alarm and/or annunciator panels shall have all zones and address points plainly and permanently labeled as to their location on the outside of the panel or on an easily readable map of the building. Section 907.6.6 of the IBC (F). Modify Section 907.6.6 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. Section 910.2 of the IBC (F). Delete exception 2 without substitution. Section 910.3.2.2 of the IBC (F). 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. Section 910.4.3 of the IBC (F). 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. Section 912.6 of the IBC (F). Add a new section 912.6 to the IBC to read as follows: 912.6 Size. Minimum fire department connection size shall be 21'2 inch National Standard Thread. Section 912.7 of the IBC (F). 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. 10 Section 1011.3 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 8/28/02 (adoption of the 2000 IRC) are permitted a 78 -inch (6'-6") headroom clearance. Section 1015.8 of the IBC. Delete Section 1015.8 of the IBC entirely. Section 1023.4 of the IBC. Modify Section 1023.4 by adding a fourth unnumbered paragraph as follows: Fire door assemblies that provide access to a non -pressurized interior exit of R-2 occupancies shall also be automatic closing by actuation of a smoke detector. Section 1029.2 of the IBC (F). Modify by 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 Section 1030.1 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. Regardless of what Tables 1006.3.2(1) and 1006.3.2(2) allow, all group R-2 occupancies other than hotels and motels must be provided with emergency escape & rescue openings. 3. Emergency escape and rescue openings are not required from basements or sleeping rooms that have an exit door or exit access door that opens directly into a public way or to a yard, court or exterior exit balcony that opens to a public way. Section 1030.3 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. Section 1030.6 of the IBC. Add a new Section 1030.6 to the IBC to read as follows: Section 1030.6. 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. Chapter 11 of the IRC. Delete Chapter 11 in its entirety and insert in lieu thereof the following: Chapter 11 Energy Efficiency, Section N1101. Energy efficiency for the design and construction of building regulated by this code shall be as required by 661-303 of the Iowa State Administrative Code. Chapter 11 of the IBC. Delete Chapter 11 in its entirety and insert in lieu thereof the following: Chapter 11 Accessibility, Section 1101. Buildings or portions of buildings shall be accessible to persons with disabilities as required by 661-302 of the Iowa State Administrative Code. Section 1209.2 of the IBC. Modify 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. Chapter 13 of the IBC. Delete Chapter 13 in its entirety and insert in lieu thereof the following: Chapter 13 Energy Efficiency, Section 1301. Energy efficiency for the design and construction of building regulated by this code shall be as required by 661-303 of the Iowa State Administrative Code. Section 1403.6 and 1403.7 of the IBC. Delete Sections 1403.6 and 1403.7 of the IBC and insert in lieu thereof the following: 11 Section 1403.6. See Title 14, Chapter 5, Article J Flood Plain Management Standards in the City Code. 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. Section G2406.2 (303.3) of the IRC. Prohibited locations of the IRC. Modify by deleting exceptions 3 and 4. Section G2415.3 (404.3) of the IRC. Prohibited locations of the IRC.. Modify by deleting the last sentence. Part VII Plumbing, Chapters 25 throunh 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 the Iowa State Plumbing Code. Administrative Provisions. The Plumbing Code shall be administered in accordance with administrative provisions in chapter 1 of this code as amended. Chapter 27 of the IBC. Delete Chapter 27 of the IBC and insert the following: Chapter 27 Electrical Section 2701.1 Scope. Electrical systems shall comply with the Iowa State Electrical Code. Administrative Provisions. The Electrical Code shall be administered in accordance with administrative provisions in chapter 1 of this code as amended and Appendix K as amended. Chapter 28 of the IBC. Delete chapter 28 of the IBC and insert the following: Chapter 28 Mechanical Systems Section 2801.1 Scope. Mechanical systems shall comply the Iowa State Mechanical Code with the following amendments:. Administrative Provisions. The Mechanical Code shall be administered in accordance with administrative provisions in chapter 1 of this code as amended. Commercial Kitchen Hood Exhaust Termination: In addition to the code requirements for commercial kitchen hood exhaust terminations locations, the following shall apply: For new construction, change in occupancy or change in use, that requires a new commercial kitchen hood or revisions to an existing commercial kitchen hood, the new or existing commercial kitchen hood exhaust duct shall terminate as follows: 1. Above the roof level without passing through an exterior wall; or 2. Through an alley facing exterior wall provided the termination is above the roof level; or 3. To an alley right of way per 3202.3.2 of the International Building Code. Chapter 29 of the IBC. Delete Chapter 29 of the IBC and insert the following Chapter 29 Plumbing Systems Section 2901.1 Scope. Plumbing systems shall comply with the Iowa State Plumbing Code. Administrative Provisions. The Plumbing Code shall be administered in accordance with administrative provisions in chapter 1 of this code as amended. Section 3002.4 of the IBC. Delete 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 24 inches by 84 inches (610 mm by 2134 mm) with not less than 5 -inch (127 mm) radius corners, in the horizontal, open position and shall be identified by the international symbol for emergency medical services (star of life). The symbol shall not be less than 3 inches (76 mm) high and shall be placed inside on both sides of the hoistway door frame. 12 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 E3401 GENERAL E3401.1 Applicability. Electrical systems shall comply with the Iowa State Electrical Code. (Appendix K of the IBC.) Section K103.2 of the IBC. Work exempt from permit. Delete Section K103.2 in the IBC and insert in lieu thereof the following: Section K103.2 Work exempt from permit. See section 105.2 in both the IRC and IBC. Section K106.5 of the IBC. Add a new Section K106. 5 as follows: Section K106. 5 Energy Connections; An electrical system or equipment regulated by this code for which a permit is required shall not be connected to a source of energy or power until approved by the building official. Section K106.6 of the IBC. Add a new Section K106. 6 as follows: Section K106. 6 Temporary Energy Connections. The building official may authorize the temporary connection of the electrical system or equipment to the source of energy or power for the purpose of testing the equipment, or for use under a temporary certificate of occupancy. (Appendix J of the IRC. ) Section AA 02.4 of the IRC. Delete Section AJ102.4 of the IRC and insert in lieu thereof the following: AJ 102.4 Replacement windows and doors. Regardless of the category of work, where an existing window or door, including the sash and glazed portion, or safety glazing is replaced, the replacement window, door or safety glazing shall comply with the requirements of Sections AJ102.4.1 through AJ102.4.3, as applicable. Section AJ102.4.1 of the IRC. Delete Section AJ102.4.1 of the IRC and insert in lieu thereof the following: AJ102.4.1 Energy efficiency. Replacement windows or doors shall comply with the requirements of Chapter 11. Section AJ102.4.4 of the IRC. Delete Section AJ102.4.4 of the IRC entirely. Section AJ501.7 of the IRC. Delete Section AJ501.7 and insert in lieu thereof the following: AJ501.7 Ceiling height. Habitable spaces created in existing basements or attics shall have ceiling heights of not less than 6 feet, 8 inches (2032 mm), except that the ceiling height at obstructions shall be not less than 6 feet 4 inches (1930 mm) from the basement or attic floor. Existing finished ceiling heights in nonhabitable spaces in basements or attics shall not be reduced. Section AJ501.8.1 of the IRC. Delete Section AJ501.8.1 of the IRC and insert in lieu thereof the following: AJ501.8.1 Stair width. Existing basement and attic stairs and handrails not otherwise being altered or modified shall be permitted to maintain their current clear width at, above and below existing handrails. Section AJ501.8.2 of the IRC. Delete Section AJ501.8.2 of the IRC and insert in lieu thereof the following: AJ501.8.2 Stair headroom. Headroom height on existing basement or attic stairs being altered or modified shall not be reduced below the existing stairway or attic finished headroom. Existing basement or attic stairs not otherwise being altered shall be permitted to maintain the current finished headroom. Section AJ501.8.3 of the IRC. Delete Section AJ501.8.3 of the IRC and insert in lieu thereof the following: AJ501.8.3 Stair landing. Landings serving existing basement or attic stairs being altered or modified shall not be reduced below the existing stairway landing depth and width. Existing basement or attic stairs not otherwise being altered shall be permitted to maintain the current landing depth and width. Section AJ601.4 of the IRC. Delete Section AJ601.4 of the IRC and insert in lieu thereof the following: AJ601.4 Ceiling height. Habitable spaces created in existing basements and attics shall have ceiling heights of not less than 6 feet, 8 inches (2032 mm), except that the ceiling height at obstructions shall be not less than 6 feet 4 inches (1930 mm) from the basement or attic floor. Existing finished ceiling heights in nonhabitable spaces in basements or attics shall not be reduced. 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. 2.Title 17, entitled Building and Housing, Chapter 2, entitled Plumbing Code, Chapter 3, entitled Electrical Code, Chapter 4, entitled Mechanical Code, Chapter 6, entitled Abatement of Dangerous Buildings Code, and Chapter 13, entitled Fuel Gas Code, are repealed in their entirety. 13 3.Title 17, entitled Building and Housing, Chapter 12, entitled Appeals, Section 2, entitled Appeals Procedure, is amended by deleting the words "plumbing code, electrical code, mechanical code" from Subsections A and C. 4. Except as provided herein, any reference to the "Plumbing Code," the "Electrical Code," or the "Mechanical Code" is deleted and replaced with "Building Code." 5. Title 6, entitled Public Health and Safety, Chapter 1, entitled Nuisances, Section 1, entitled Definitions, is amended by deleting the definition of "dangerous building or structure" and substituting in lieu thereof the following new definition: Any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous building, provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants are endangered. 1. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic. 2. Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic. 3. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one half times the working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location. 4. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location. 5. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. 6. Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building Code for such buildings. 7. Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction. 8. Whenever the building or structure, or any portion thereof, because of (i) dilapidation, deterioration or decay; (ii) faulty construction; (iii) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (iv) the deterioration, decay or inadequacy of its foundation; or (v) any other cause, is likely to partially or completely collapse. 9. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. 10. Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base. 11. Whenever the building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 percent damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings. 12. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become (i) an attractive nuisance to children; (ii) a harbor for vagrants, criminals or immoral persons; or as to (iii) enable persons to resort thereto for the purpose of committing unlawful or immoral acts. 13. Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulation, as specified in the Building Code or Housing Code, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings. 14. Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent of the (i) strength, (ii) fire -resisting qualities or 14 characteristics, or (iii) weather -resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location. 15. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the Building Official officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. 16. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard. 17. Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence. 18. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION Ill. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after final passage, approval and publication as provided by law. Passed and approved this 15thday of July 2015. / XW -^ Approved By: MAYOR City Attorney's Office ATTEST: City Clerk 15 Ordinance No. 15-4631 Page 16 It was moved by Mims and seconded by Dickens that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton First Consideration 06/16/2015 Voteforpassage: AYES: Hayek, Mims, Payne, Throgmorton, Botchway, Dickens. NAYS: None. ABSENT: Dobyns. Second Consideration _ Vote for passage: Date published 07/23/2015 Moved by Mims, seconded by Dickens, 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. --erTsi5 Prepared by: Brian Greer, Fire Marshal, 410 E. Washington Street, Iowa City, IA 52240 ORDINANCE NO. 15— 4632 AN ORDINANCE AMENDING TITLE 7, CHAPTER 1, FIRE CODE, BY ADOPTING THE 2015 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 1. 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, 2015 edition, including errata and Appendix Chapters B, C, D, E, F, G, H, I, J, and K 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 102.1 Modify by adding a fifth applicability requirement to the end as follows: 5. A. 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. EXCEPTION: Single business occupancies in single story non -abutting buildings. 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, a fire/police investigator shall be subject to the rules and regulations of the Iowa City Fire Department for all purposes and shall perform such functions as the Fire Chief shall assign. Section 104.12 Add a new section to read as follows: The code official is authorized to order an operation or use stopped, or the evacuation of any premises, building, or vehicle or portion thereof which has or is a fire, life safety or health hazard. Ordinance No. 15-4632 Page 2 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 106.2 Add a sentence to the end of the section to read as follows: The fire code official at the official's sole discretion may send plans to a qualified agency for review. The fire code official shall designate the plans review agency. The applicant shall pay all fees associated with the plan review directly to the outside agency. Section 108. Delete in its entirety and insert in lieu thereof: See Title 17 Chapter 12 of this Code. Section 109.4 Delete the section and replace with: Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a simple misdemeanor or municipal infraction, as prescribed in 1-4-2D. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Section 111.4 Delete the section and replace with: No person shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition Section 202 Add a new definition to read as follows: CODE OFFICIAL. The Chief Officer of the Fire Department, the Fire Marshal, or the Chiefs authorized representative. Section 202 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 202 Add a new definition to read as follows: EMERGENCY COMMUNICATIONS CENTER. The Johnson County Joint Emergency Communications Center. Section 202 Add a sentence to the end of FIRE LANE definition to read as follows: See City Code 9- 4-13 for additional rules and regulations. Section 202 Delete the existing R-4 definition and substitute the following: R-4 Residential occupancies shall include buildings arranged for occupancy as residential care/assisted living facilities including more than five but not more than 16 occupants, excluding staff. Group R-4 occupancies shall meet the requirements for construction as defined in the International Building Code for Group R-3, except as otherwise provided for in that code. Section 307 See also 6-6 of this Code. Section 307.1.1 Delete the section and replace with: Prohibited burning. Burning that is offensive or objectionable because of smoke or odor emissions or when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited. Section 307.1.2 Add a new section to read as follows: Hours of operation. A person shall not maintain any outdoor burning from 11 p.m. to 7 a.m. unless permitted and approved by the fire code official. Ordinance No. 15-4632 Page 3 Section 307.3 Delete the section and replace with: Extinguishment authority. The fire code official is authorized to order the extinguishment by the responsible person or the fire department of any burning that creates or adds to a hazardous or objectionable situation. Section 315.3 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 ratio of one (1) crowd manager for every 250 occupants. The crowd manager shall annually receive training approved by the fire code official in crowd management techniques. Section 405.2 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 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. Address identification characters 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. Address identification shall be maintained. Section 506.1 Add a sentence to the end of the section to read as follows: An approved key box shall be installed in an approved location on all new construction. EXCEPTION: Group R-3 and unsecured R-2 occupancies. Section 507.5.1 Delete exceptions 1 & 2. Section 507.5.1.1 Delete the section and replace with: Hydrant for fire sprinkler and standpipe systems. A fire hydrant shall be located not more than 100 feet from a fire sprinkler or standpipe system Ordinance No. 15-4632 Page 4 connection and on the same side of the fire department access as the connection or as approved by the code official. Section 510.1 Delete exception 1. 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 804.5 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, 1-1, 1-2, 1-3, 1-4, M, R-1, and R-4 occupancies. EXCEPTION: Trees located in areas protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 shall not be prohibited in Groups A, B, E, M and R-1. Section 807.5.2.1 Delete exceptions 1 & 2. Section 807.5.5.1 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 903.1.2 Add a new section to read as follows: Water supply safety margin. Automatic sprinkler systems shall be designed with a minimum of 10% or 5 psi safety margin (whichever is greater) above static pressure in the fire protection system hydraulic calculations. Section 903.2.1.2 Delete Section 903.2.1.2 and insert in lieu thereof the following: Ordinance No. 15-4632 Page 5 Section 903.2.1.2 A. New Group A-2 Occupancies. An automatic sprinkler system shall be provided for fire areas containing Group A-2 occupancies and intervening floors of the building where one of the following conditions exist: 1) The fire area exceeds 5,000 square feet; 2) The fire area has an occupant load of 100 or more; or 3) The fire area is located on a floor other than the level of exit discharge. B. Existing Group A-2 Occupancies that existed prior to August 1, 2007: An automatic sprinkler system shall be provided throughout the A-2 occupancy with an occupant load of 100 or more that have an ABDL and 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. EXCEPTION: Single business occupancies in single story non -abutting buildings. Section 903.2.1.8 Add a new Section to read as follows: 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: Ambulatory care facilities. An automatic sprinkler system shall be installed throughout all fire areas containing an ambulatory care facility and all floors between the ambulatory care facility and the level of exit discharge serving such a facility. Section 903.4.2 Delete the section and replace with: Alarms. An approved weatherproof horn/strobe device shall be mounted directly above the fire department connection between seven (7) and ten (10) feet in height above grade. The water -flow alarm device shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Approved and supervised audible visual notification appliances shall be installed on each level of the interior of the building as required by the fire code official and NFPA 72. Section 903.7 Add a new section to read as follows: Zones. Automatic sprinkler system zones shall not exceed the area permitted by NFPA 13 or NFPA 13R and shall provide a sprinkler control valve and waterflow device for each normally occupied floor. The location of sprinkler control valves must be approved by the fire code official. 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 rating of any required portable fire extinguisher for Class A, Class B, or Class C hazard shall be 2-A, 10-13 C. Section 907.1.4 Add a new section to read as follows: Fire alarm control panels and Fire alarm annunciator panels. Installation of fire alarm control panels and fire alarm annunciator panels shall be installed in accordance with section 907.1.4.1 through 907.1.4.5. Section 907.1.4.1 Add a new section to read as follows: Fire Alarm Panel Height: Installation of fire alarm panels shall not exceed 6 feet in height measured from the floor to the top of the panel. Exception: Panel height may be altered by the code official. Section 907.1.4.2 Add a new section to read as follows: Number of Fire Alarm Control Panels in Buildings: Only one listed fire alarm control panel shall be allowed per building and shall lock in the alarm until the system is reset and shall not be canceled by the operation of an audible - alarm silencing switch. This control panel shall only receive alarm signals from fire protection equipment. Ordinance No. 15-4632 Page 6 Section 907.1.4.3 Add a new section to read as follows: Combination Fire/Security Alarm System Panels. A listed combination fire/security alarm system panel that meets all the requirements of this code and amendments may be permitted by approval of the fire code official. The fire/security panel shall be capable of providing a signal that can differentiate between the fire and security alarm. Section 907.1.4.4 Add a new section to read as follows: Password/PIN Protection Prohibited: Fire alarm control panels and/or fire alarm annunciator panels that require a password/PIN to silence an alarm/supervisory/trouble signal and/or to reset an alarm/supervisory/trouble signal shall be prohibited. Section 907.1.4.5 Add a new section to read as follows: Fire Alarm Annunciator Panels: The fire code official can require the addition of fire alarm annunciator panels based on the size of building and access to the building. These panels shall meet the requirements of Sections 907.1.4 and 907.2. Section 907.2 Delete the section and replace with: Where required—new buildings and structures. An approved and addressable fire alarm system installed in accordance with the provisions of this code and NFPA 72 shall be provided in new buildings and structures in accordance with Sections 907.2.1 through 907.2.23 and provide occupant notification in accordance with 907.5, unless other requirements are provided by another section of this code. 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. Section 907.2.1 Delete the exception in Section 907.2.1 in its entirety and insert in lieu thereof the following exceptions: EXCEPTION: 1) Except for Group A-2 occupancies with occupant loads of 200 or more, manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system and the alarm notification appliances will activate upon sprinkler water flow. 2) Group A-2. An automatic/manual fire alarm system shall be installed in Group A-2 occupancies with occupant loads of 200 or more. Activation of the fire alarm shall additionally cause: a. Illumination of the protected premises to not less than 10 foot-candles over the area of the room at a height of 30 inches above the floor; and b. All conflicting or confusing sounds and visual distraction to automatically stop. Section 907.2.3 Modify by adding a sentence to the end of the first paragraph as follows: New and existing educational occupancies shall have a monitored fire alarm system. Section 907.2.3 Modify by adding a 5th exception as follows: 5. 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 1-1 occupancies. In corridors, detectors shall be located within fifteen (15) feet of the end of the corridor and in such a way that one detector is located for each thirty (30) feet of corridor length or spaced as allowed by the code. Section 907.2.13.2 Delete the section without substitution. Ordinance No. 15-4632 Page 7 Section 907.4.2 Add a sentence to the end of the section to read as follows: Where in the opinion of the code official manual fire alarm boxes may be used to cause false fire alarms, the code official is authorized to modify the requirements for manual fire alarm boxes. Section 907.6.4 Modify by deleting the exception and inserting in lieu thereof: Exception: Automatic sprinkler system zones shall not exceed the area permitted by NFPA 13 and shall provide a sprinkler control valve and waterflow device for each normally occupied floor. Section 907.6.4.3 Add a section to read as follows: Zone and address location labeling. Fire alarm and/or annunciator panels shall have all zones and address points plainly and permanently labeled as to their location on the outside of the panel or on an easily readable map of the building. Section 907.6.6 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 Emergency Communications Center upon activation of alarm conditions as specified by the fire code official. Supervisory alarm conditions are required to be reported to the fire code official by an approved manner. Section 910.2 Delete exceptions 2 and 3 without substitution. Section 912.8 Add a section to read as follows: Size. Minimum fire department connection size shall be 2'/z' National Standard Thread. Section 1029.2 Add the following exception: EXCEPTION: The main entrance/exit of A-2 occupancies shall be of a width that accommodates not less than two-thirds of the total occupant load. Section 1030.1 Modify by deleting exceptions 1 and 3. Section 3206.7 Modify by deleting footnote "J" from TABLE 3206.2. Section 5003.5 Add a sentence to the end of the section to read as follows: Signs shall also comply with the requirements of the Iowa Right to Know law. Section 5601.1.3 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 5704.2.9 Add a sentence to the end of the section to read as follows: For aboveground storage tanks of 276 gallons capacity or more, the minimum distance between such aboveground tanks and any Residential Zone boundary must be at least 100 feet. If the aboveground tank is located in an approved vault, the minimum separation distance from a Residential Zone boundary may be reduced to no less than 50 feet. Section 5704.2.11.1 Add a #4 to the end of the section to read as follows: 4) A minimum distance of ten (10) feet shall be maintained between underground tanks and any Residential Zone boundary. Section 5704.2.13.2.4 Add a section to read as follows: Existing above -ground tank hazards. Existing above -ground tank installations, even if previously approved, that are determined to constitute a hazard by the fire code official, shall not be continued in service. Unsafe tanks shall be removed as required by the fire code official and in accordance with this code. Section 5705.5.1 Add an exception to read as follows: 6) Corridor installations are prohibited in Group -E occupancies. Ordinance No. 15-4632 Page 8 3. That the geographic limits referred to in certain sections of the 2015 International Fire Code are hereby established as follows: Section 5704.2.9.6.1. The storage of Class I and Class II liquids in above -ground tanks outside of buildings is prohibited in the entire City of Iowa City, Iowa. Exception: Zones 11 &2, Cl 1 and/or as approved by the Fire Chief. Section 5706.2.4.4. The storage of Class I and Class 11 liquids in above -ground tanks is prohibited in the entire City of Iowa City, Iowa. Exception: Zones 11 &2, Cl 1 and/or as approved by the Fire Chief. Section 6104.2. The storage of liquefied petroleum gas is prohibited in the entire City of Iowa City, Iowa. Exception: Zones 11 &2, Cl 1 and/or as approved by the Fire Chief. SECTION 11. 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, after final passage, approval and publication, as provided by law. Passed and approved this 15th day of July 2015. ATTEST: //L? CITY CLMK Approved by: S�ls�_ 6 -f -i1 City Attorney's Office Ordinance No. 15-4632 Page 9_ It was moved by Payne and seconded by Botchway that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton First Consideration 06/16/2015 Voteforpassage: AYES: Mims, Payne, Throgmorton, Botchway, Dickens, Hayek. NAYS: None. ABSENT: Dobyns. Second Consideration _ Vote for passage: Date published 07/23/2015 Moved by Payne, seconded by Mims, 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. 07-15-15 8 Prepared by: Tim Hennes, Sr. Bldg. Inspector; 410 E. Washington St.; Iowa City, IA 240; (319) 356-5122 ORDINANCE NO. 15-4633 AN ORDINANCE AMENDING TITLE 17, ENTITLED "BUILDING AND HOUSING," CHAPTER 11, ENTITLED "LICENSING," TO REFLECT THAT ALL LICENSES FOR BUILDING TRADES ARE ISSUED BY THE STATE EXCEPT FOR SANITARY SEWER AND WATER SERVICE INSTALLER. WHEREAS, until recently the City issued licenses for all the building trades, such as master plumber and journeyman electrician; WHEREAS, beginning in 2007, the legislature has gradually enacted provisions to make nearly all building trades subject solely to state licensing in order to provide uniformity throughout the state; WHEREAS, although the City has ceased issuing licenses consistent with the State law, the City Code has not been amended to reflect that the City no longer has such licensing authority; WHEREAS, the State does allow municipalities to license sanitary sewer and water service installers, and the City should continue to do so; and WHEREAS, it is in the best interest of the City of Iowa City to amend the code to reflect that the City no longer has the authority to issue most licenses for electricians, plumbers and other building trades. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 17, entitled "Building and Housing," Chapter 11, entitled "Licenses," 1 is hereby amended by deleting it in its entirety and substituting in lieu thereof the following new Chapter 11 17-11-1: LICENSE REQUIRED: A. Master Electrician: No person shall perform unsupervised electrical work, within Iowa City, with or without compensation unless the person holds a master electrician's class A license issued by the state of Iowa. B. Journeyman Electrician: No person shall work as a journeyman electrician within the city unless the person holds a journeyman electrician's class A license issued by the state of Iowa. C. Fire Alarm: No person shall work as a fire alarm installer or perform maintenance on fire alarm systems unless the person holds a fire alarm license issued by the state of Iowa. D. Fire Sprinkler Installer: No person shall work as a fire sprinkler installer or perform maintenance on fire sprinkler systems unless the person holds a fire sprinkler installer's license issued by the state of Iowa. E. Fire Sprinkler Maintenance: No person shall perform maintenance on a fire sprinkler system unless the person holds a fire sprinkler maintenance license or fire sprinkler installer's license issued the state of Iowa. F. Master HVAC: No person shall undertake the planning, layout, supervision, or perform heating, ventilation, and air conditioning within the city, with or without compensation, unless the person holds an HVAC master license issued by the state of Iowa. G. Journeyman HVAC: No person shall work as a journeyman HVAC installer within the city unless the person holds an HVAC journeyman license issued the state of Iowa. H. Ducted Air Heating And Cooling Installer: No person shall install heat and cooling ducts as regulated by Chapter 1 of this Code with or without compensation unless the person holds an HVAC master, HVAC journeyman or a ducted air heating and cooling installer's license issued by the state of Iowa. I. Master Hydronics: No person shall plan for, lay out, supervise or perform hydronics work within the city, with or without compensation, unless the person holds a master hydronics license or a master HVAC license issued by the state of Iowa. J. Journeyman Hydronics: No person shall work as a journeyman hydronics installer unless the person holds a journeyman hydronics or a journeymen HVAC license issued by the state of Iowa. K. Master Plumber: No person shall plan for, lay out, supervise or perform plumbing work within the city, with or without compensation, unless the person holds a master plumber's license issued by the state of Iowa. L. Journeyman Plumber: No person shall work as a journeyman plumber within the city unless the person holds a journeyman plumber's license issued by the state of Iowa. M. Sanitary Sewer And Water Service Installer: No person shall work as a sanitary sewer and water service installer within the city unless the person holds a sanitary sewer and water service installer's license issued by the city or holds a master or journeyman plumbers license issued by the state of Iowa. N. Licensed Persons To Be On Site: There shall be a properly licensed person present at all locations and at all times where work requiring a license is being performed. At least one licensed person shall be present for every three (3) laborers. Such licensed person must be an employee of the permit holder. O. Unlicensed Persons: No person shall knowingly employ or permit an unlicensed person to perform work within Iowa City if the work is required by this code or the state of Iowa to be performed by a licensed person. 17-11-2: APPLICATION FOR LICENSE: Any person required by this chapter to possess a license shall make application to the state of Iowa or for a sewer and water installer license make application to the City. 17-11-3: FEES: The examination fee and license fee for persons applying for a sewer and water installer license shall be established by resolution of city council and shall not be refunded. The renewal fee, reinstatement fee, and fee for an inactive license shall be set by resolution of city council. 17-11-4: LICENSING STANDARDS: A. A sanitary sewer and water installer license shall be issued by the City to every person who successfully passes the examination approved by the city. B. Any person who fails the sanitary sewer and water service installer examination or the electrical homeowner's exam must wait a minimum of thirty (30) calendar days before retesting. 17-11-5: LICENSE RENEWALS: A. License Expiration: Every sewer and water installer license which has not previously been revoked shall expire on December 31 of each year. Any license that has expired may be reinstated within sixty (60) calendar days after the expiration date upon payment of an additional reinstatement fee. After the expiration of the sixty (60) calendar day period, no license obtained by municipal testing, shall be renewed except upon reexamination. Licenses obtained by an approved third party testing agency, shall be renewed for a period of five (5) years with the submittal of all required documentation and payment of all back renewal fees from the time of the license expiration. After the five (5) years, no license shall be renewed except upon reexamination. B. Employer Identification: At the time of renewal, each licensee shall identify the company the licensee is currently employed by. 17-11-6: REVOCATION OF LICENSE: A. The City, with consent of the board of appeals, may revoke any license issued by the city if the license holder shows incompetency or lack of knowledge, if the license was obtained by fraud or for continual violation of any sections of this code. B. Licenses are not transferable. The lending, selling, giving, or assigning of any license or the obtaining of permits thereunder for any other person shall be deemed cause for revocation. C. Revocation shall occur only after the City has given the licensee written notice and an opportunity for an administrative hearing before the board of appeals. D. If a license is revoked for any reason, another license shall not be issued for at least twelve (12) months after revocation. 17-11-7: INACTIVE LICENSE: Any current Sewer and Water Installer license may be classified as inactive upon written request of the licensee. Once so classified, the license holder is permitted to maintain the license as current but will not be permitted to obtain a plumbing permit. The license may be reactivated by payment of the full license fee for that year. 17-11-8: PENALTIES FOR VIOLATION: The violation of any provision of this chapter is a municipal infraction as provided for in subsection 1-4-21D of this code. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. 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 15th day of July , 2015. ATTEST: -A'---'- CITY CLERK Approved by City Attorney's Office Ordinance No. 15-4633 Page 4 It was moved by Payne and seconded by Botchway that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: First Consideration Vote for passage: Hayek, Mims. Second Consideration _ Vote for passage: ABSENT: x 06/16/2015 Botchway Dickens Dobyns Hayek Mims Payne Throgmorton AYES: Payne, Throgmorton, Botchway, Dickens, NAYS: None. ABSENT: Dobyns. Date published 07/23/2015 Moved by Payne, seconded by Botchway, 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. Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 15-4634 ORDINANCE AMENDING TITLE 6, ENTITLED "PUBLIC HEALTH AND SAFETY," CHAPTER 10, ENTITLED "SMOKE FREE PLACES," TO PROHIBIT SMOKING ELECTRONIC CIGARETTES IN AREAS WHERE IT IS ILLEGAL TO SMOKE TOBACCO. WHEREAS, Chapter 142D of the Iowa Code, the Iowa Smokefree Air Act, prohibits smoking tobacco products in certain public spaces, places of employment and outdoor areas, including enclosed City buildings and vehicles operated by the City, the public grounds immediately adjacent to City buildings and bus shelters; and, WHEREAS, the Smokefree Air Act expressly authorizes a person having custody or control of property to declare property that is otherwise exempt under the Smokefree Air Act to be a non-smoking place; and, WHEREAS, in Chapter 10 of Title 6, "Public Health and Safety", the City has declared additional areas to be smoke free places including the municipal parking ramps, airport, City Plaza except for alleys and certain areas of Iowa City parks, and, WHEREAS, electronic cigarettes are not covered by the Iowa Smokefree Air Act; and, WHEREAS, in 2014 the Iowa legislature adopted HF 2109, which, among other things, amended Chapter 453A of the Iowa Code by requiring retailers of "alternative nicotine products" or "vapor products" (which includes electronic cigarettes) to obtain a tobacco permit, prohibits the sale of these products to persons under the age of 18 and the possession or purchase of these products by persons under the age of 18 and limits the places where these products can be given away; and, WHEREAS, the Johnson County Department of Public Health made a presentation about e -cigarettes to the City Council on September 2, 2014; and, WHEREAS, said presentation demonstrated that e -cigarettes contain varying amounts of nicotine and volatile organic compounds that are not healthy for human inhalation, that marketing tactics show an attempt to lure youth, that there is no evidence that being exposed to the vapor is safe, that the three largest tobacco companies are in the business of marketing e -cigarettes, that use of e -cigarettes among middle and high school students has more than doubled, and that e -cigarettes threaten to undo decades of public health work in tobacco control; and, WHEREAS, Douglas Beardsley, the Director of Johnson County Public Health, submitted a memorandum to City Council dated May 22, 2015 advocating for making the use of e -cigarettes illegal in all areas where it is illegal to smoke tobacco products and highlighting a 2014 Iowa Youth Survey showing that a higher percentage (7%) of 11th graders in Johnson County used an e -cigarette within the last 30 days than a tobacco product (4%); and, WHEREAS, a number of cities throughout the United States are prohibiting the use of e -cigarettes in places where traditional cigarette use is prohibited; and, WHEREAS, the use of electronic smoking devices in smoke free locations threatens to undermine compliance with smoking regulations and reverse the progress that has been made in establishing a social norm that smoking is not permitted in public places and places of employment; and, WHEREAS, the City Council finds that the use of e -cigarettes presents a serious and unknown public health threat and that in the interests of protecting the health of the public and providing a healthy work- place environment for its employees the City of Iowa City should prohibit the use of electronic cigarettes in all areas where it is illegal to smoke tobacco products. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 6, entitled "Public Health and Safety," Chapter 10, entitled "Smoke Free Places," Section 2, entitled "Penalty," is renumbered to Section 3. 2. Title 6, entitled "Public Health and Safety," Chapter 10, entitled "Smoke Free Places," is amended by adding the following new Section 2, entitled "Electronic Cigarettes": It is illegal to use an electronic cigarette in any smoke free place listed in Section 1 of this chapter or in any place where Chapter 142D of the Iowa Code prohibits smoking a tobacco product. Electronic cigarette means vapor product as defined in Section 453A.1 of the Code of Iowa. 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 15th day of July , 2015. MAYOR Approved by ATTEST: r/ % CITY CLERK- City Attorney's Office Ordinance No. 15-4634 Page 3 It was moved by Payne and seconded by Dobyns that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton First Consideration 06/16/2015 Voteforpassage: AYES: Dickens, Hayek, Mims, Payne, Throgmorton, Botchway. NAYS: None. ABSENT: Dobyns.. Second Consideration _ Vote for passage: Date published 07/23/2015 Moved by Payne, seconded by'Mims, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which itis 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. Marian Karr From: JUAN GATICA <juangaticaj@msn.com> Sent: Thursday, June 18, 2015 9:52 PM To: Council Cc: bbeardsley@co.johnson.1 a.us Subject: Electronic cvigarettes Attachments: City Council.pdf Dear Council, Please find attached the pdf file of a letter I have written you. With best reads and wishes, Juan A. Gatica 1802 Flatiron Ave. Iowa City, IA 52240 June 18, 20015 City of Iowa City City Council Dear Councilors, I attended the City of Iowa City Council meeting last Tuesday June 16 to hear the discussions regarding the proposed ban on vaping (i.e. the use of electronic cigarettes) in places where smoking is already prohibited. It was an interesting even though confusing. It seemed to me that one of the main arguments, proposed by Mr. Doug Beardsley, was that electronic cigarettes, in his opinion, are not effective tools for smoking cessation; it seems to me that approach to the subject does not address issues dangers to the public derived from this activity. In fact Mr. Beardsley claimed that only a fraction of those trying to quit smoking succeed and, furthermore, that people that use electronic cigarettes also smoke cigarettes. This is an argument that makes no sense to me when looking at vaping from the public health perspective. Another argument brought about by Mr. Beardsley, which makes more sense, was that we should ban electronic cigarettes because of the possibility that they may introduce a danger to bystanders; however no data was given to support this point of view. I want to point out that I have written this letter with great apprehension since I really do not desire to enter a very public dispute. I am a `taper", it is my choice, am now retired and my need to use city facilities and recreation areas is minimal, so I would not be personally affected. However I do see a peril in the degradation of personal liberties without a strong argument addressing the dangers to public health. Respectfully yours, Juan A. Gatica 1802 Flatiron Ave. Iowa City, IA 52240. Cc Doug Beardsley Marian Karr From: Jody Murph <murphj0001 @gmail.com> Sent: Sunday, June 28, 2015 10:46 AM To: Council Subject: liquid nicotine Attachments: scan0001.jpg I understand that regulation of liquid nicotine sales in Iowa City will be discussed at an upcoming council meeting. there is certainly evidence that this is a powerfully addictive substance that is also marketed to youth. adolescents and young adults mistakenly believe that this substance is without health consequences. Another concern for the American Academy of Pediatrics is the direct toxicity to young children. There has already been at least one death of a toddler who ingested liquid nicotine in his own home. The containers of these products are not child resistant and are marketed in bottles filled with liquids in bright colors and flavored in a way that is very appealing to young children. Flavors such as berry, gummy bear etc. are targeted toward younger consumers, which is unethical marketing. They inadvertently pose a significant risk to toddlers to whom it appears similar to other food substances they may consume at home. A standard size bottle of liquid nicotine contains enough nicotine to kill 4 toddlers. I have attached an advocacy "leave behind" used by pediatricians meeting with their Senators and Representatives in Washington recently, supporting the Child Nicotine Poisoning Prevention Act. Iowa City could, and should, be a leader in protecting children, youth and young adults from the hazards of liquid nicotine. If I can be of further assistance, please contact me at: Jody R. Murph MD, MS j ody-murph(cbuiowa. edu 319-331-5868 Fellow, American Academy of Pediatrics AAP National Committee on Federal Government Affairs. 92 F American Academy of Pediatrics (V DEDICATED To THE IIEALTII Or ALL CIIILDRE.N` r i-:,tnrt rhildrer fl-nrn I intlirl t%!icotin" Pnisoninp The American Academy of Pediatrics urges members of Congress to cosponsor the Child Nicotine Poisoning Prevention Act. Liquid Nicotine Poses a Threat to Child Health With the rising popularity of e -cigarettes, liquid nicotine refills for these products are becoming increasingly common in households across the country. The American Association of Poison Control Centers (AAPCC) recently reported nearly 4,000 adverse incidents related to e -cigarette exposures in 2014, an over 250% increase from 2013. In December 2014, a one -year-old boy in Fort Plain, New York died of liquid nicotine exposure, the first confirmed death associated with liquid nicotine poisoning. Nicotine is a highly toxic substance when ingested or absorbed through the skin, and it quickly produces serious or even fatal effects in children. Liquid nicotine comes in a variety of strengths, containing upwards of 36 mg of nicotine per milliliter of liquid. A standard -sized eye dropper bottle of liquid nicotine at this strength would be enough to kill four toddlers. Liquid nicotine for e -cigarettes comes in a variety of bright colors and in flavors that are appealing to children such as berry and gummy bear, increasing the likelihood that curious children will come in contact with the liquid. Nicotine is a Poison with No Regulatory Safeguards for Children Liquid nicotine is often sold in bottles with no child -resistant packaging. Currently, the Consumer Product Safety Commission (CPSC) does not have the authority to require child -resistant packaging on liquid nicotine containers used to refill e -cigarettes, even though these standards apply for prescription pill bottles and other toxic household substances like bleach. Liquid nicotine is perhaps the most toxic household substance sold in the U.S. without child -resistant packaging requirements. What Will the Child Nicotine Poisoning Prevention Act Do? The Child Nicotine Poisoning Prevention Act (H.R. 1375/ S. 142) would allow and direct the CPSC to take quick action to require child -resistant packaging on liquid nicotine containers sold to consumers. Drawing on CPSC's existing expertise, the bill is crafted narrowly to focus only on liquid nicotine and its safe containment from children, and does not affect the manufacture of the substance nor the products they are designed to refill. The American Academy of Pediatrics urges all members of Congress to cosponsor the Child Nicotine Poisoning Prevention Act, which will help create safeguards to protect children from the dangers of liquid nicotine.