ORDINANCE NO. 14,447
AN ORDINANCE to amend the Municipal Code of the City of Des Moines, Iowa, 2000, adopted by Ordinance No. 13,827, passed June 5, 2000, by repealing Articles I, II, III, V, VII, and VII of Chapter 26, Buildings & Building Regulations thereof and adding and enacting new Article I--In General, Article II--Building Code, Article III--Electrical Code, and Article IV--Mechanical Code to Chapter 26, Buildings and Building Regulations.
Be It Ordained by the City Council of the City of Des Moines, Iowa:
Section 1. That the Municipal Code of the City of Des Moines, Iowa, 2000, adopted by Ordinance No. 13,827, passed June 5, 2000, by repealing Articles I, II, III, V, VII, and VII of Chapter 26, Buildings & Building Regulations thereof and adding and enacting new Article I--In General, Article II--Building Code, Article III--Electrical Code, and Article IV--Mechanical Code to Chapter 26, Buildings and Building Regulations, as follows:
Sec. 26-1. Title.
This chapter shall consist of the building code, electrical code, mechanical code, plumbing code, and steam power equipment code, all of which shall be referred to collectively as the "building codes" or “this chapter.” A person who performs or is in the business of performing the work or activities regulated by this chapter may be referred to as a “contractor.”
26-2. Purpose.
The purpose of this chapter is to provide for the protection of the public health and safety by: creation of a permit and development division and a board of appeals; adoption of building codes; enforcement of penalties for the violation of the building codes; requiring the qualification and registration of contractors;
and repealing conflicting ordinances.
26-3. Interpretation.
Article I consists of general provisions applicable to all articles. Articles II through IV contain specific provisions pertaining to particular trades. In the event of a conflict with article I, the specific provisions of articles II through IV shall control.
DIVISION 1. PERMIT AND DEVELOPMENT DIVISION
Sec. 26-100. Permit and development division established; officials appointed.
There is established in the city within the community development department the permit and development division which shall be under the direction and supervision of the permit and development administrator. The permit and development administrator and the building official shall be appointed by and responsible to the director of the community development department. In the event the permit and development administrator does not also serve as the building official, the building official shall be responsible to the permit and development administrator.
Sec. 26-101. Powers and duties of building official.
(a) Generally. Any reference in this article to the building official shall include the building official’s designee. General powers and duties of the building official shall be as follows:
(1) Enforce all the provisions of this Chapter.
(2) Be accountable for the issuance of permits, inspections of work, and licensing and certification of contractors.
(3) Serve as city staff and advisor to the licensing and appeals board.
(4) Render interpretations of the building codes and to adopt and enforce rules and regulations supplemental to such codes as the building official may deem necessary in order to clarify the application of the provisions of such codes. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of the applicable code.
(5) Determine value or valuation under any of the provisions of the building codes.
(6) Appoint staff members and delegate duties to those staff members.
(b) Reports and records. The building official shall be responsible for the following reports and records:
(1) Report to the director of the community development department and the city manager not less than once a year, covering the work during the preceding period. He or she shall incorporate in that report a summary of his or her recommendations as to desirable amendments to the building codes.
(2) A permanent, accurate account of all fees and other monies collected and received under the codes assigned to the building official for enforcement, the names of the persons upon whose account the fees were paid, the date and amount thereof, together with the location of the building or premises to which they relate.
(3) Record of the issuance of permits, inspections made, and other official work performed in accordance with this chapter.
(4) Records of licensing and appeals boards meetings, hearings, rulings, and other matters performed in accordance with this chapter, and shall notify in writing all persons involved.
(c) Specific powers
(1) Whenever any condition exists that is in violation of the codes or creates a danger to health and safety, the building official may until further notice:
a. Order any work stopped;
b. Order changes to any work to correct an unsafe or
illegal condition;
c. Order discontinuation of any utilities supplying
the premises;
d. Order vacation of any premises.
The building official shall give notice of such action to individuals in control of the premises, and may prescribe a period of time to comply with such notice based on the urgency of the situation.
(2) Whenever necessary to make an inspection to enforce any of the provisions of the building codes or whenever the building official has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the building official may enter such building or premises at all reasonable times to inspect the building or premises or to perform any duty imposed upon the building official by the building code. However, if such building or premises is occupied, the building official shall first present proper credentials and request entry. If such entry is refused, the building official shall have recourse to every remedy provided by law to secure entry. When the building official shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as provided in this subsection, to promptly permit entry therein by the building official or the for the purpose of inspection and examination pursuant to the such codes.
(3) The building official shall have the authority to remove or cause the removal of covering, finishes, or other obstruction which may prevent the proper inspection of work or equipment.
(d) Emergencies and public nuisances.
(1) Whenever the building official finds a public nuisance exists which requires immediate action to protect the public health and safety, such official may issue an order reciting its existence and requiring that action be taken as such official deems necessary. The action required by such official shall depend upon the nature of the nuisance, the danger to the public that the nuisance presents, the condition and deterioration of the premises, the potential for rehabilitation of structure involved and the time reasonably necessary to take the required action. If the owner does not comply with the order within the time specified in such order, such official may authorize the taking of the action specified in the order. Any costs incurred may be assessed against the property.
(2) Notice of the order shall be given to all owners, tenants, and other persons holding a property interest in the premises, who are reasonably known to such official. Notice shall be given by that method which is reasonably calculated to inform each recipient within the shortest practicable period of time, considering the nature of the emergency and any difficulties in notifying the owners. If an owner or other person holding a property interest in the premises cannot be found, an affidavit shall be completed by the person attempting to locate such person, describing the efforts made, and held on file.
(e) Cooperation of other officials and officers. The building official may request and shall receive so far as is required, in the discharge of his or her duties, the assistance and cooperation of other officials of this jurisdiction.
(f) Conflict of Interest.
Neither the building official nor any of the inspectors shall engage in any of the work for hire regulated by that individual, either directly or indirectly, nor shall the official or any of the inspectors have any financial interest in any firm engaged in such trade business in the city at any time while employed by the city.
(g) Liability.
(1) The city or any employee is not liable for damages to a person or property as a result of any act or failure to act in the enforcement of the building codes, unless the act of enforcement constitutes false arrest.
(2) The building codes shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any equipment or structure regulated by such codes for damages to a person or property caused by its defects nor shall the city or any city employee be held as assuming any such liability because of the inspections authorized by such codes or any approvals issued under such codes.
DIVISION 2. LICENSING AND APPEALS BOARD
Sec. 26-120. Licensing and appeals board created; authority.
There is created a licensing and appeals board with authority to:
(1) Review the building, electrical, mechanical and plumbing codes periodically and make recommendations thereto to the city council.
(2) Prescribe rules and regulations for the conduct of examinations of applicants for licenses and certificates and prepare and conduct written examinations for the licenses and certificates required by this chapter. For written examinations, the board may utilize the services of a professional testing agency in lieu of creating its own tests. The cost of professional testing agency fees shall not exceed the amount collected from the applicants taking the examination.
(3) Rule upon the qualifications of all applicants, including whether education and training requirements have been met. The board shall certify qualified applicants, together with their respective examination ratings, to the building official within 30 days after the date upon which the examination is held. The building official shall then cause the certificate to be issued. No certificate shall be issued without written certification from the board.
(4) Suspend or revoke any of the licenses or certificates required by articles II, III, IV and V, for due cause and subject to the limitations in this article, but only after the person charged therewith has been given notice and an opportunity to be heard in their own defense.
(5) Act as a board of appeals to hear grievances arising from a decision of the building official and to provide for reasonable interpretations consistent with the provisions of the building, electrical, mechanical and plumbing codes. Any person may upon written request appeal a previous decision of the building official to the board for consideration.
(6) Determine the suitability of alternate materials and types of construction to those otherwise allowed by the building codes and to provide reasonable interpretations of the provisions of such article.
(7) Waive building code requirements that, in the opinion of the Board, do not render the building or structure more hazardous, based on life safety, fire safety and sanitation, than the code requires.
(8) Adopt a responsible method whereby the building official is authorized to conduct qualifying examinations for homeowner's permits.
(9) The board shall not have authority over administrative matters or matters covered by the board of power engineer examiners.
Sec. 26-121. Terms; composition.
(a) The licensing and appeals board shall consist of 17 members. Fifteen of the members shall be appointed for terms of three years, provided however that the terms of five of the initial appointed members shall be for one year, and the terms of five of the initial appointed members shall be for two years. All appointed terms shall expire on the April 1st.
(b) The appointed members of the licensing and appeals board shall consist of the following persons having a minimum of five years of experience in the required field:
(1) One Iowa registered architect.
(2) One Iowa registered professional engineer (structural or construction).
(3) One Iowa registered professional engineer (mechanical).
(4) One Iowa registered professional engineer (electrical).
(5) One general contractor experienced in residential construction.
(6) One general contractor experienced in commercial construction.
(7) Two electricians who hold an active master electrician certificate of competency issued by the city and are in responsible charge of the electrical installation operation of a licensed electrical contracting firm.
(8) One plumber who holds an active master plumber certificate of competency issued by the city and is in responsible charge of the plumbing installation operation of a licensed plumbing contracting firm.
(9) One plumber who holds an active journeyman plumber certificate of competency issued by the city.
(10) Two mechanical contractors who hold an active class A, B, C or D mechanical contractor license issued by the city.
(11) One licensed attorney.
(12) One person with experience in real estate or real estate financing.
(13) One person with experience in historic preservation.
(c) The building official and fire marshal shall serve as ex officio members of the board.
(d) Any member of the board may be removed by the city council for malfeasance in office, incapacity, or neglect of duty.
Sec. 26-122. Hearings.
(a) Any person affected by a decision of the building official may request and shall be granted a hearing on the decision, provided that the person shall file in the permit and development center a written petition requesting a hearing and setting forth a brief statement of the grounds within 15 days after receiving notice of the decision. Upon receipt of the petition, the permit and development center shall set a time and place for the hearing and shall give the petitioner written notice thereof at least three days before the date set for it, unless such notice requirement is waived, in writing, by the petitioner. The hearing shall be commenced not later than thirty days after the day on which the petition was filed, unless, for good cause shown, the building official grants a postponement, in writing.
(b) At the hearing the petitioner shall be given an opportunity to be heard to show why the decision of the building official should be modified or withdrawn. The building official shall have the opportunity to be heard to show why the building official's decision should be affirmed.
(c) Any hearing concerning the suspension or revocation any license or certificate shall be held at the earliest convenience of all parties concerned, but in any case shall be within five days, excluding Saturdays, Sundays, and holidays, after written notice has been served on the person charged with the violation. The board shall hear all interested parties who have pertinent written or oral evidence or information to present for consideration.
Sec. 26-123. Decisions.
(a) After the hearing as provided in section 26-122, the licensing and appeals board shall affirm, modify or withdraw the decision of the building official. In proceedings relative to the suspension or revocation of licenses or certificates, at least two-thirds of all appointed members serving on the board must concur in any suspension or revocation.
(b) Suspensions shall be for any period, up to six months. During the period of suspension, the license or certificate of the offender shall be void, and the offender shall not perform any work for which a license or certificate is required. After the termination of the period of suspension, the license or certificate shall be reactivated by the building official, provided that renewal fees which have become due thereon have been paid.
(c) The proceedings at any hearing before the board, including the findings and decision of the building official, if applicable, shall be summarized, reduced to writing, and entered as a matter of public record in the permit and development center. This record shall include a copy of every notice or order issued in connection with the matter.
Sec. 26-124. Meetings; rules of procedure.
(a) The licensing and appeals board shall schedule examinations at least semiannually, and shall hold additional meetings as necessary to hear appeals or conduct other business. Special meetings may be called at any time by the chair of the board or the building official or upon the written request of two members of the board to the chair and the building official.
(b) The licensing and appeals board shall adopt reasonable rules and regulations for conducting its meetings
(c) The city council shall provide suitable rooms in which the board shall hold its meetings and shall provide for the necessary expenses incurred by the board.
Sec. 26-124. Legal counsel.
The licensing and appeals board shall have the right to request legal counsel from the city attorney when counsel is desired.
DIVISION 3. PERMITS AND FEES
Sec. 26-135. Permits required.
No person shall perform any work for which a permit is required under this chapter without first securing a permit from the building official. A separate permit shall be obtained for each building and each type of work unless otherwise indicated.
Sec.26-136. Issuance of permits.
A licensed contractor shall sign all applications for electrical, mechanical and plumbing permits. The building official shall issue electrical, mechanical and plumbing permits in the name of the person holding a contractor's license and the name of the firm or business with whom the contractor is associated. A person holding a contractor's license shall secure permits only for the firm or corporation named on the contractor's license. If a contractor becomes associated with a new firm or corporation, immediate notice must be given by filing the name of such firm or corporation with the office of the building official.
Sec.26-137. Permit transferability; permit restrictions.
(a) Permits that may only be issued to licensed contractors pursuant to this article are not transferable. Either the contractor securing the permit or another qualified employee from the same firm or business shall perform the work.
(b) A licensed contractor shall secure permits only for himself or herself and his or her firm or business. When a contractor has secured a permit, only the employees of that contractor or that contractor’s firm or business shall perform the work for which the permit was obtained. For purposes of this section, an employee shall be one employed by the contractor for a wage or salary. A contractor may be required by the building official to show positive evidence as to the employee status of workers on the job. The evidence shall be in the form of payroll and time records, cancelled checks, or other documents. The contractor may also be required to show the agreement or contract pertaining to the work being questioned as evidence that he or she is, in fact, the actual contractor for the work. Failure or refusal by the contractor to make available such employee or contractual records within 24 hours of demand shall be grounds for immediate revocation of any permit for the work in question.
Sec. 26-138. Permit fees.
(a) There shall be paid to the community development department for the issuance of each permit the base fee and the unit fees in the amounts set in the Schedule of Fees adopted by the City Council by resolution.
(b) Persons performing work for the federal government or the state or county may obtain permits for that work without paying the permit fees described in this section, provided that nothing in this section shall be construed to exempt payment of permit fees by persons working under the direction of the city in connection with the abatement of any public nuisance on private property, pursuant to city ordinance or state law.
(c) If a permit is issued for a specific amount of work and, upon inspection, it is determined that more work was performed than was authorized by the permit, the permittee shall amend the permit or obtain another permit to include all additional work and shall pay a new base fee and any unit fees pursuant to paragraph (a).
(d) If an inspection is requested and performed and the building official determines that the work was not ready, the inspection fails two or more times, or the permit card was not available for sign-off, a reinspection fee may be charged in the discretion of the building official in the amounts set in the Schedule of Fees adopted by the City Council by resolution.
(e) No permit shall issue to any person who owes the City any outstanding fees.
Sec. 26-139. Double fee for failure to obtain permit before starting work.
(a) Except in emergency situations, as determined by the building official, if work for which a permit is required by the building codes is started or proceeded with by any person prior to obtaining a required permit, the regular total fees as specified in this article for such work shall be doubled. The payment of such investigation or double fee shall not relieve any person from fully complying with the requirements of the building codes in the execution of the work nor from any other penalties prescribed in this chapter. However, no double fee shall be imposed upon any person who starts work without a permit if:
(1) Work is started on Saturday, Sunday, or holiday, or during any other day when the office of the building official is not normally open for business; and
(2) Such person secures the proper permit on the next working day of the community development department; and
(3) No plan review is required prior to issuance of the permit.
Sec. 26-140. Collection of fees; refunds.
(a) All fees due the city for examinations, licenses, certificates and permits pursuant to this article shall be collected in the office of the building official and paid thereafter to the city treasurer.
(b) If, within 30 days of the date of issuance, the holder of a permit decides not to commence the work described in the permit, he or she may, upon application to the building official, be refunded that portion of the permit fee which is in excess of the permit refund fee set in the Schedule of Fees adopted by the city council by resolution.
Sec. 26-141. Work by homeowner.
The building official may exempt homeowners from the requirement of having a contractor’s license to do work on their primary residence after the homeowner demonstrates the competency, knowledge, skills, and abilities to safely perform the intended work. The homeowner must provide evidence to the building official that the work will be performed on homeowner’s primary residence only. This section does not exempt the homeowner from the permit or fee requirements of this chapter.
Sec. 26-142. Revocation and expiration of permit.
(a) Any permit required by this chapter may be revoked by the building official upon the violation of any section of this article.
(b) A willfully false statement in an application for a permit shall be sufficient cause for revocation.
(c) Every permit issued under this chapter shall expire by limitation and shall become void if the work authorized by it is not commenced within 60 days from the date of its issuance or if the work authorized by the permit is suspended or abandoned at any time after the work is commenced for a period of 120 days. Before the work can recommence a new permit shall be obtained, and the fee shall be one-half of the amount required for a new permit, provided that the suspension or abandonment has not exceeded the following:
(1) three years for building permits for commercial buildings valued over $10 million;
(2) two years for building permits for commercial buildings valued at $10 million or less;
(3) one year for all other permits.
Sec. 26-160. Electrical, Plumbing and Mechanical Contractor's license.
Except as otherwise provided in this chapter, no person, firm or business shall engage in, or represent to the public as engaging in any activity or business of the work or activities regulated by this chapter for any building within the city without first having obtained from the city a contractor's license.
Sec. 26-161. Application.
(a) Any person desiring to take any examination for the licenses required by this article shall make application on forms furnished by the building official. Each application shall be accompanied by a receipt from the city treasurer for the examination fee, which shall be paid for each examination or reexamination. All applications shall be made and the application fee shall be paid at least 20 calendar days prior to the date of the examination.
(b) Any person desiring a license required by this article shall make application on forms furnished by the building official. Each application shall include evidence of passing the required examination with a score of 75 percent or greater. Supplementary information related to experience, bonds, insurance, and fees shall be supplied at the time of application, if required for the license or certification sought.
(c) The fees for the examinations, licenses, and sponsorship required by this article shall be in the amounts set in the Schedule of Fees adopted by the city council by resolution.
Sec. 26-162. License fees.
The fees for examinations, licenses, certificates, and unexpired license renewals shall be as set in the Schedule of Fees adopted by the city council by resolution, except that any certificate holder who is designated by the building official to perform duties for the city may be issued a renewal of such certificate without a fee. A sponsorship fee must be paid for city sponsorship of an applicant to an exam.
Sec. 26-163. Expiration, renewal, inactive, revocation.
(a) All licenses and certificates required by the electrical and mechanical codes shall expire on January 31 in each odd-numbered year. All licenses and certificates required by the plumbing code shall expire on December 31 in each even-numbered year.
(b) Any expired license or certificate may be renewed within 90 days after the expiration date. The biennial fee and the late renewal fee are set in the Schedule of Fees adopted by the city council by resolution. Once the 90-day grace period has elapsed the applicant may not be issued any further permits until the applicant appears before the licensing and appeals board for determination whether re-testing is required for reissuance of a license.
(c) Any class of license held for at least a year and with no outstanding work may be converted to and maintained as an inactive license. Holders of inactive licenses shall not be issued permits.
(d) All applicants seeking renewal of a license or maintenance of an inactive license are required to provide proof that the applicant attended at least eight hours of acceptable workshops or classes for the purpose of code update and review during the biennial period.
(e) A willfully false statement in an application for a license shall be sufficient cause for revocation.
Sec. 26-174. Contractor's license bond.
(a) Prior to the issuance or renewal of any contractor's license, and unless otherwise indicated in this article, the applicant shall file with the office of the building official a surety bond running to the city in the sum of $5,000.00 to be approved by the building official and by the city legal department, to save the city harmless on account of any and all failures on the part of such applicant to comply in all particulars with the provisions of the building codes and all other applicable laws and ordinances, rules and regulations relating to the work for which a permit has been issued and to ensure the rectification of defective work to the satisfaction of the building official.
(b) To ensure the collection of permit fees and the rectification of defective work, and unless otherwise indicated in this article, the applicant shall in addition to filing the bond required before the license is issued file with the treasurer for each license applied for a cash bond in the sum of $500.00 or a certificate of deposit in a like amount made payable to the city by a bank doing business in the state. Such cash bond or certificate of deposit shall remain on deposit with the city for 90 days after the expiration or surrender of the license. Upon the death of the licensee, the treasurer may, upon approval of the building official, release the bond or certificate of deposit before the expiration of 90 days. A letter of request must be submitted to the building official for release of the bond or certificate of deposit.
Sec. 26-175. Inspections.
(a) The person doing any work for which a permit is required shall notify the building official that the work is ready for inspection. The building official shall perform the required inspection and, if the work complies with the provisions of the building codes, issue written verification noting the date and results of the inspection. If the work does not comply with the provisions of the building codes, the building official shall post a violation tag in a conspicuous place on or near the work. The violation tag shall contain the date and results of the inspection and, when requested, shall note specific violations. Work that has no tag attached shall be considered unapproved. A tag shall not be removed by any person other than the building official.
(b) When the work is completed, the person doing it shall notify the building official that the work is ready for final inspection.
Sec. 26-176. Notice of and failure to remedy defects.
Any work for which a permit is required shall be subject to inspection at any time. The building official may revoke a permit at any time when the work is not being done in accordance with the building codes, or any other applicable law, ordinance, rule or regulation. The building official may take any necessary action including but not limited to disconnecting utility service affecting the defective work from the building. The utility service shall not again be turned on until all defects or improper conditions have been removed or repaired in conformance with the provisions of the building codes.
Sec. 26-177. Correcting defective work.
When a contractor is notified that defects exist in his or her work, he or she shall make corrections within 30 days after notification. If not so made, the building official may withhold issuing any other permits to the contractor or for the property until defects are corrected and approval given by the building official.
Sec. 26-178. Covering or concealing work.
No work for which a permit is required shall be concealed in any manner from access or sight until the work has been inspected and approved by the building official.
Sec. 26-179. Temporary work.
Temporary work means work that is obviously installed for the convenience of a contractor or builder during construction. This work shall be the complete responsibility of the person who installs it and shall not require the inspector's approval prior to being used, provided that the inspector may require corrections in the work to eliminate any hazardous or unsafe conditions. All such work shall be installed by a licensed contractor or his or her employee and shall be removed before final approval of permanent work. Temporary work shall not be permitted to remain in use in excess of six months except by written permission of the building official.
Sec. 26-180. Furnishing utility service prior to approval of work.
No person furnishing electrical, gas or water service in the city shall connect his or her system or furnish electricity, gas or water to any building or premises which has not been inspected and approved by the building official. Any person shall, upon written notice from the building official to do so, immediately disconnect such building or premises from its service.
Sec. 26-181. Civil violations and penalties.
(a) No person shall engage in or cause any activity to be done in violation of any provision of the building codes.
(b) Any person who fails to perform an act required by the provisions of this chapter or who commits an act prohibited by the provisions of this article shall be guilty of a misdemeanor punishable by fine or imprisonment as provided by section 1-15 of the city Code, or shall be guilty of a municipal infraction punishable by a civil penalty as provided by section 1-15 of the city Code.
(c) The city may obtain injunctive relief to enforce the provisions of this chapter.
Division 1. Generally
Sec. 26-200. Adoption of International Codes.
(a) This article shall consist of the International Building Code (“IBC”), the International Existing Building Code (“IEBC”), and Parts I, II, III, V, VI and appendix chapters H & J of the International Residential Code (“IRC”) all 2003 editions published by the International Code Council, which volumes are incorporated by this reference in their entirety, except as otherwise indicated in this article.
(b) This article and all provisions incorporated in this article, by reference or otherwise, shall be known as the building code. References to section numbers not preceded by "26-" will be to sections in the International Building Code, the International Existing Building Code, or the International Residential Code.
Sec. 26-201. Historic buildings.
Notwithstanding the provisions of IBC section 3407, buildings of any occupancy, except for group H (hazardous) occupancies, classified as historical buildings within the context of IBC sections 202 and 3407, or buildings more than 50 years old, may be repaired, modified, altered, moved or improved in accordance with the provisions of the IEBC. The provisions of the IEBC shall not supersede the provisions of the building code relating to unsafe buildings or structures.
Sec. 26-202. Deletions.
The following are deleted from the building code and are of no force or effect in this article:
(1) Chapter 13 of the International Building Code
(2) Sections 103,112, 115, 1612,3109 and;
(3) Subsections: 101.4 104.8, 105.2, 105.5, 108.3, 109.3.3, 109.3.5,109.3.7 of the International Building Code
(4) Sections R103, R112, and;
(5) Subsections: R104.8, R105.2, R105.5, R108.3, R109.1.3,and;
(6) Table R403.1 of the International Residential Code
Sec. 26-203. Exceptions.
Skywalk system. Notwithstanding the provisions of Chapter 32 of the International Building Code, the structures of a duly authorized portion of the public skywalk system may project into an alley to the extent authorized by the city council pursuant to article V of chapter 102 of the city Code.
Sec. 26-204. Amendments and additions.
The remaining sections in this article represent amendments and additions to the requirements contained in the International Building Code and the International Residential Code. In the event there are requirements that conflict with these codes, the requirements of this article shall prevail.
Sec. 26-205. Foundations for stud bearing walls.
The following table is substituted for table 403.1 of the International Residential Code:
TABLE NO. 403.1 FOUNDATIONS FOR STUD BEARING WALLS
Minimum Requirements*
|
Number of Stories |
Thickness of Foundation Walls* (inches) |
Minimum Width of Footing* (inches) |
Thickness of Footing (inches) |
Minimum Depth of Foundation Below Natural Surface of Ground and Finish Grade (Inches)
|
|
|
|
Unit |
|
|
|
|
|
|
Concrete |
Masonry |
|
|
|
|
1 |
8 |
8 |
16 |
8 |
42
|
|
2 |
8 |
8 |
16 |
8 |
42
|
|
3 |
10 |
12 |
18 |
12 |
42
|
* See section 26-39 of this article for reinforcing requirements for residential occupancies regulated by the International Residential Code.
Sec. 26-206. Foundation retaining walls for One and Two family Dwelling occupancies.
(a) Scope. Notwithstanding other design requirements of Sections R404.1 – R404.1.5.1 of the International Residential code, foundation retaining walls for One and Two Family Dwelling occupancies of type V construction may be constructed in accordance with this section, provided that use or building site conditions affecting such walls are within the limitations specified in this section.
(b) Specifications. General specifications for such foundation retaining walls shall be as follows:
(1) The maximum height of the foundation wall shall be seven feet eight inches measured between the foundation plate and a concrete floor slab having a minimum thickness of 3 1/2 inches. If such floor slab is not provided, a specially designed means of providing lateral support at the bottom of the wall shall be required.
(2) The foundation plate shall be attached to the wall with one-half-inch steel bolts as prescribed in of the International Residential code.
(3) Material used for backfilling shall be carefully placed granular soil of average or high permeability and shall be drained with an approved drainage system. The height of finish grade requirements of Section R404.1.6 of the International Residential code shall be observed at all times.
(4) Where soils containing a high percentage of clay, fine silt or similar materials of low permeability or expansive soils are encountered or where backfill materials are not drained or an unusually high surcharge is to be placed adjacent to the wall, a specially designed wall shall be required.
(c) Hollow concrete masonry foundation walls. Specifications for hollow concrete masonry foundation walls shall be as follows:
(1) Hollow concrete masonry units shall be set in type M or type S mortar.
(2) All footings shall be of cast-in-place concrete having a minimum compressive strength of 3,000 pounds per square inch at 28 days, and shall be reinforced longitudinally with not less than one-half-inch steel bar for one-story construction, or two one-half-inch diameter steel bars for two-story construction. Footing reinforcement shall be symmetrically placed and so located as to ensure no less than three inches of concrete cover on all sides.
(3) Foundation walls having a nominal thickness of not less than 12 inches may be unreinforced. Other foundation walls shall comply with the following requirements:
a. The nominal thickness of concrete masonry units shall not be less than eight inches.
b. When a foundation wall has a horizontal clear span of more than 12 feet between supporting cross walls or corners, fully grouted vertical reinforcing shall be provided in the center of such wall in the amount of 0.075 square inch of ASTM A615 grade 40 steel per lineal foot of wall. All reinforcing steel shall be deformed bars spaced no more than eight feet zero inches on center. All grout shall comply with section R607 of the International Residential code.
(d) Cast-in-place plain concrete foundation walls. Cast-in-place plain concrete foundation walls constructed under this subsection shall be of concrete having a minimum compressive strength in 28 days of not less than 3,000 pounds per square inch. All materials, proportioning, and placing shall conform to the requirements of chapter 4 of the International Residential Code. In addition:
(1) The minimum thickness of wall shall be 7 1/2 inches.
(2) Walls shall be reinforced with no less than three one-half-inch diameter deformed ASTM A615 grade 40 steel bars placed horizontally at the center of the wall, with one bar located near the top, one bar located near the bottom, and one bar located near midheight of the wall. Reinforcing bars and methods of placement shall be in accordance with chapter 26 of the building code.
Sec. 26-207. Snow loads.
For purposes of determining snow loads as required in Sections 1608 of the International Building Code and Section 301.2 of the International Residential Code, the minimum ground snow load for design purposes shall be 30 pounds per square foot. Subsequent increases or decreases shall be allowed as otherwise provided in the building code, except that the minimum allowable flat roof snow load may be reduced to not less than 80 percent of the ground snow load.
Notwithstanding the provisions of Section R905.2.7.1 of the IRC, Ice Protection, ice dam protection materials are not required if:
(a) the building is constructed with a raised heel truss or similar design, and
(b) a minimum R38 attic insulation extends across the top plate to a point aligning with the exterior sheathing, and
(c) The plans for the alternative design described in this section are submitted and approved at the time the building permit is issued.
Sec. 26-209. Permanent occupancy of public property generally.
(a) No part of any structure or any appendage thereto, except signs, shall project beyond the property line of the building site, except as specified in the building code; provided, however, that a structure or appendage thereto may project beyond the property line of the building site when the applicant holds a property interest, including but not limited to air rights, within the area of the projection sufficient to establish a legal right to build therein or thereon.
(b) Structures or appendages regulated by this section shall be constructed of materials as specified in the building code.
(c) The projection of any structure or appendage shall be the distance measured horizontally from the property line to the outermost point of the projection.
(d) Nothing in the building code shall prohibit the construction and use of a structure between buildings and over or under a public way provided the structure complies with all requirements of the building code.
(e) No subsection of this section and no provision of the Building Code shall be construed to permit the violation of other laws or ordinances regulating the use and occupancy of the public property.
Sec. 26-210. Demolition of buildings and structures.
(a) Permit required; expiration. A permit shall be required for demolition of buildings and structures in accordance with the following:
(1) No person shall commence the work of demolishing any building or structure until a permit authorizing such work has been obtained from the building official. Every demolition permit issued under the provisions of this section shall expire by limitation and become null and void if the work authorized by such permit is not commenced within seven calendar days from the date of issuance, or if the work authorized by such permit is not completed within 30 calendar days of the date of issuance, unless, because of the extensiveness of the project, the building official deems at the time of issuance a longer period for either commencement or completion should be granted.
(2) Any permittee holding an unexpired demolition permit may request in writing an extension of time within which the demolition work may be commenced or completed. If such request contains good and satisfactory reasons showing that circumstances beyond the control of the permittee have prevented timely commencement or completion of the work, the building official may extend the applicable expiration date.
(3) Except as provided in this section, a demolition permit that has expired shall be null and void, and before any demolition work is subsequently commenced a new permit therefore shall be obtained. The fee for such permit shall be at the same rate as the original permit.
(4) If a demolition permit to remove an unsafe building or a building that is the subject of a public nuisance action has expired, the building official shall order the prompt removal of such structure, in accordance with all requirements of this article. All of the costs attendant to this action, including administrative costs, shall be either assessed against the property or collected from the owner unless otherwise directed by the city council.
(b) Application for permit. Application for a permit to demolish a building or structure shall be made to the building official. The applicant shall provide the following information:
(1) The name and address of the person in responsible charge of the work.
(2) The street address and legal description of the property on which the building or structure is located.
(3) The name and address of the owner and, when appropriate, his or her legal agent in responsible charge of the property.
(4) Overall dimensions, number of stories and materials of construction of the building or structure to be demolished.
(5) A plan showing areas to be protected by fences, barricades, covered walkways, or other protective devices, and details of construction for such devices.
(6) Location of the site where the demolition debris is to be discarded.
(7) Approval from other affected city departments or governmental agencies when deemed necessary by the building official and any special conditions or restrictions relating thereto.
(8) For demolition by explosives, the applicant shall furnish the information required in this subsection and shall furnish information regarding the person who will be conducting the demolition by explosives and shall furnish plans showing how the building or structure will be prepared for demolition, the type and amount of explosives to be used, and a detailed plan showing what safety precautions will be taken to protect persons and property.
(9) A permit for the demolition of a building or structure by the use of explosives may be issued by the city council subject to the following conditions:
a. The applicant for a permit must demonstrate to the city council the need for demolition by explosives rather than demolition by conventional means and must demonstrate that demolition by explosives can be safely conducted at the specific location requested.
b. The building official, fire chief and police chief shall review the application and submit their opinions to the city council concerning whether or not the demolition can be safely conducted, together with any recommendations they may have.
c. The applicant shall provide a certificate of liability insurance for personal injuries, death and for property damage in an amount not less than $1,000,000.00 naming the city as an additional named insured party. The certificate shall provide that the coverage shall not be cancelled or changed without ten days' prior written notice to the city. The city council may require additional insurance coverage when the hazard appears greater than normally expected and may also in such instance require the posting of a bond acceptable to the city in an amount commensurate with the severity of the hazard. The bond shall provide that the applicant shall well and satisfactorily perform the demolition. The bond shall be for the benefit of the city and any person who is injured or damaged by the failure of the applicant to satisfactorily perform the demolition.
d. The applicant shall agree to indemnify and hold harmless the city from all losses resulting from damages or injuries caused by the applicant or the applicant's employees, servants or agents arising out of the use of explosives in demolition.
e. The applicant shall pay the city in advance for reasonable expenses that will be incurred by the city in furnishing necessary security and police protection in the vicinity of the demolition site.
f. The applicant shall observe all applicable federal, state and local laws in the course of the demolition, including but not limited to the following:
1. The applicable provisions of the city fire prevention code relating to the storage, transportation and use of explosives.
2. The rules and regulations of the United States Environmental Protection Agency relating to the demolition of buildings or structures containing asbestos materials or other hazardous air pollutants.
g. The applicant shall meet all other requirements of this article relating to the demolition of structures or buildings; provided, however, that if a conflict exists between the provisions of this subsection and other sections of the city Code, the provisions of this subsection shall be deemed to be controlling.
h. The applicant need not obtain an obstruction permit as provided in section 26-211 of this article to block off portions of public property within an appropriate distance of the demolition site, provided that the obstruction is for less than a 24-hour period and provided that the obstruction is for security purposes in connection with the use of explosives. However, the applicant shall be required to obtain an obstruction permit to use public property in the cleanup operations following the detonation of explosives.
i. The city council shall at any time have the authority to impose additional requirements and safety precautions in the interest of the public health, safety and welfare.
(10) Such other information as shall be reasonably required by the building official.
(c) Disconnection of sewer and water. No permit to demolish shall be issued until it has been established that existing sewer and/or water services have been properly disconnected and approved.
(d) Bond required.
(1) Before a permit is issued to remove a building which has been ordered removed as a public nuisance and which period of time granted by the city or by the courts for removal or other remedial action by the applicant or other party of interest has expired, the applicant may be required to post a cash bond equal to the estimated costs of the removal of the building and the disconnection of the existing utility services. If the applicant does not remove the building at the time the permit expires at a time specified by the building official, such bond shall be forfeited and used toward the costs of the city to remove it.
(2) If the building is removed by the applicant prior to the time the permit expires, such bond shall be returned to the applicant. A return of the bond does not exempt the applicant from further assessments to the real estate for costs that have occurred prior to the issuance of the permit.
(e) General requirements.
(1) The building official shall have the authority to impose at any time reasonable requirements and safety precautions in the interest of public health, safety, and welfare which, in his or her opinion, are commensurate with the severity of hazard, either demonstrated or anticipated, provided that such requirements may be appealed to and reviewed by the board of appeals at the request of the affected party.
(2) In addition, the following shall be met:
a. The discharging, loading, or dumping of building materials from any building shall be accomplished in such manner as to minimize the creation of dust and scattering of debris. Materials shall not be dropped by gravity to any point lying outside the building walls except through an enclosed chute, unless such materials are dust free and the height of drop is at least equal to the horizontal distance to the nearest property or barricade line. Where such horizontal distance is not available and practical necessity dictates the dropping of relatively large masses of materials, the building official may approve appropriate protective measures designed to provide protection from danger equivalent to that afforded by the otherwise required horizontal setback; provided, however, that in all cases such materials shall be handled in a manner approved by the air pollution control division of the county health department.
b. When necessary to protect the public health, safety, or welfare, every demolition project shall be barricaded, fenced, lighted, and signed with warning and/or directional signs in a manner approved by the building official. The building official may also require the presence of approved security guards or flag persons. Such barricades, fences, lights, and signs as may be deemed necessary by the building official for protection of the public shall be maintained after completion of the demolition work until such time as the site is cleaned of all debris and all excavations, basements, and depressions in the ground are restored to grade and rendered harmless.
c. Adequate precautions shall be taken to ensure that procedures or conditions relating to the demolition work do not constitute a fire hazard. If, in the opinion of the fire chief, a fire hazard exists or is likely to exist, he or she may order the cessation of work or require that appropriate protective measures approved by him or her be taken.
d. All streets, alleys, and public ways adjacent to the demolition site shall be kept free and clear of any rubbish, refuse, and loose material resulting from the demolition work unless an obstruction permit for such space has been obtained.
e. Upon completion of the demolition work, the site shall be left in a clean, smooth condition. Inorganic building rubble, sand, clean earth, or other approved fill material may be used to fill excavations, basements, and depressions, provided that the top 12 inches shall be clean earth or its equivalent in terms of surface smoothness, free from dust, and cleanliness. If the surface is to be used for the parking of vehicles, it shall be constructed as required in chapter 134 of the city Code pertaining to zoning.
(3) No permit to demolish shall be issued until a grading permit, waiver of grading permit, or a solid waste disposal site license is obtained for any location within the city where the demolition debris is to be discarded.
Sec. 26-211. Obstruction permit, bond, and insurance.
(a) No person shall use any portion of public property as described in Section 3308 of the International building code without first obtaining an obstruction permit which shall state the following:
(1) The name of the owner of the property abutting the public property to be used.
(2) The name of the person applying for the obstruction permit.
(3) An accurate description of the public property to be obstructed or occupied.
(4) The length of time such obstruction or occupancy shall exist.
(5) An agreement to comply in all respects with the provisions and requirements of the building code, this article and other city ordinances relating to the use of streets and alleys and to indemnify and save and keep harmless the city from any and all costs, expense or liability for damages or injuries to persons or property or liability of any kind whatsoever, arising from or growing out of the use and occupancy of such street or growing out of the deposit of such material or any failure to properly pile, deposit, guard, light or care for such.
(6) Such additional requirements as may be deemed necessary for the protection of the city and its inhabitants.
(b) Before an obstruction permit shall be issued, there shall be placed on file in the office of the building official a surety bond and liability insurance as follows:
(1) A surety bond in the sum of $5,000.00 conditioned to ensure removal of the obstruction by or before the expiration date of such obstruction permit or such extended time as may be granted by the city; and
(2) Liability insurance showing the city as named additional insured and providing a minimum limit of liability in the amount of $500,000.00 each accident, for accidents caused by maintenance of such obstruction. The insurance policy shall contain a provision whereby such insurance may be cancelled or materially altered only after giving the city ten days' written notice of the change or cancellation.
(c) Such surety bond and liability insurance shall be approved by the building official and the legal department and shall be conditioned to secure the performance of such agreement by the applicant.
(d) No person shall, under any permit, occupy more area than is stated in the obstruction permit.
(e) The fee for an obstruction permit shall be as set forth in the Schedule of Fees adopted by the city council by resolution.
Sec. 26-212. Exterior building wall construction.
(a) Notwithstanding anything contained in section 602 or 704 of the International Building Code, an exterior wall may be constructed with openings without complying with the requirements of such sections related to opening protection, provided that before a building permit is issued which permits an exterior wall to be so constructed, the owner of the building shall furnish the building official with either of the following:
(1) A copy of an easement or covenant running with the land applicable throughout the existence of the proposed building in which those with interests in the property abutting the side of the property on which such exterior wall is to be constructed agree not to construct a building on such abutting property within the distances to such exterior wall set forth in such sections 602 and 704 which would require such exterior wall and such building on such abutting property to have the opening protection of such sections 602 and 704, which copy shall show the book and page where such document has been filed of record in the office of the county recorder; or
(2) An agreement, in a form capable of being filed of record in the office of the county recorder, for the benefit of those with interest in the abutting property, by which the owner of the building and the owner of the property on which such building is to be built, jointly and severally agree, on behalf of themselves and their successors and assigns for so long as such building is in existence, that, in consideration for being permitted to build an exterior wall of such building without complying with such sections 602 and 704, at such time as a building is erected on the abutting property within the distances to such exterior wall contained in such sections 602 and 704, they shall modify or rebuild such exterior wall to conform at least to the requirements of such sections 602 and 704 applicable to the actual separations of the buildings; such agreement shall be recorded at the expense of the applicant for the building permit.
(b) Notwithstanding anything contained in section 602 or 704 of the International Building Code, an exterior wall may be constructed with openings adjacent to a public street or alley right-of-way without complying with the requirements of such sections related to opening protection, provided the following conditions are each satisfied:
(1) The setback between the exterior wall and the far side of the adjoining public right-of-way must conform at least to the requirements of such sections 602 and 704 applicable to the actual separation of building.
(2) The city council has by resolution declared an intent to permanently maintain the adjoining right-of-way as a public street or alley, and to never permit a structure to be constructed or placed upon the right-of-way within the required separation from the exterior wall. The resolution shall specifically describe the affected right-of-way and shall be in a form that can be recorded and indexed into the records of the county recorder.
(3) The owner of the building has furnished a copy of the city council resolution described above, which copy shall show the book and page where such document has been filed of record in the office of the county recorder.
Sec. 26-213. Footings for group U occupancies.
Notwithstanding the provisions of section 1805.2 & R403.1.4.1, the building official may approve the omission of frost footings under a one-story wood or metal frame building not exceeding 720 square feet in area used exclusively for group U purposes. Any foundation system shall, however, provide the same approximate uniform frost protection.
Sec. 26-214. Residential wood floor cantilevers.
Notwithstanding the provisions of Chapter 5 of the International Residential Code, the maximum floor cantilevers of dimensional wood floor systems serving uses regulated by the International Residential Code shall not exceed a projecting dimension equal to twice the depth of the floor joist for bearing cantilevers and three time the depth of the joist for non-bearing cantilevers. This provision shall not apply to Engineered Wood products or cantilevers designed by a registered design professional for a specific application.
Sec. 26-215.
Treads and risers for residential occupancies
Notwithstanding the provisions of section R314.2 of the International Residential Code, the greatest riser height of any flight of stars shall not exceed the smallest by more than 3/8 inches, except at the top and bottom riser of an interior stair where this dimension may deviate by 1 inch. In no case shall the risers exceed the maximum height of 8 inches. The greatest tread depth within any flight of stairs shall not exceed the smallest by more than 3/8 inch
Sec. 26-216. Residential handrails.
On handrails serving uses regulated by the International Residential Code, continuous handrails shall be permitted to be interrupted by newel posts at turns, and at one location in a straight stair when the rail terminates into a wall or ledge and is offset and immediately continues. Ends shall be returned to or shall terminate in newel posts or safety terminals.
Sec. 26-217. Shelter for the homeless.
(a) As used in this section, the term "shelter for the homeless" means a building used to provide primarily short term lodging, or short term lodging and meals, and which may also provide other services, including counseling, with or without compensation, to transient individuals or to individuals who have no access to traditional or permanent housing. For purposes of this subsection, short term lodging shall include facilities offering lodging for 30 days or less.
(b) No building or portion thereof that is to be used as a shelter for the homeless shall be occupied as such unless an inspection certificate for such use has been issued by the building official. Such certificate shall be valid for not more than one year from the date of issuance, and no new certificate shall be issued until the premises have been reinspected for compliance with applicable building code, zoning and fire safety requirements. No fee shall be charged for the annual inspection or certificate of compliance issued under this subsection; provided, however, that this fee exemption shall not apply to permit fees, when required.
(c) Facilities which fall under federal, state or other local regulations which require annual inspections for building and health safety standards shall be exempted from this section.
Sec. 26-218. Easement required for skywalk corridor prior to building permit issuance.
Where a skywalk corridor is shown on an approved site plan for a proposed development, no building permit shall be issued for that proposed development until the city council has accepted a right to an easement for such skywalk corridor.
DIVISION 2. PERMITS AND INSPECTIONS
Sec. 26-230. Permit fees.
(a) Building permit fees. Building permit fees shall be as follows:
(1) A fee for each building permit shall be paid to the building official in the amount set in the Schedule of Fees adopted by the city council by resolution. The fee for a permit to construct only a foundation for a future building shall be 150 percent of the fee specified in the Schedule of Fees, with the value of the foundation for such purpose being ten percent of the total valuation of the future building and foundation.
(2) The determination of value or valuation under any of the provisions of the building code shall be made by the building official. The valuation to be used in computing the permit and plan-check fees 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, elevators, fire extinguishing systems and any other permanent work or permanent equipment.
(3) In addition to other fees required in this section, a fee shall be paid to the building official for the review of plans and inspection of construction for compliance with the thermal efficiency standards of division 8 of the Iowa State Building Code. The amount of such fee is set in the Schedule of Fees adopted by the city council by resolution.
(4) In addition to other fees required in this section, a fee shall be paid to the building official for review of documents (plans, specifications and related documentation) for compliance with the handicap provisions of division 7 of the Iowa State Building Code. The amount of such fee is set in the Schedule of Fees adopted by the city council by resolution.
(5) Except in emergency situations, as determined by the building official, whenever any work for which a permit is required by the building code has been commenced without first obtaining such permit, a special investigation shall be made before a permit may be issued for such work. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this section. The minimum investigation fee shall be the same as the minimum building permit fee under paragraph (1), above. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of the building code nor from any penalty prescribed by law.
(b) Plan-checking fees. Plan-checking fees shall be as follows:
(1) When a plan is required to be submitted a plan-checking fee in the amount set in the Schedule of Fees adopted by the City Council by resolution shall be paid to the building official at the time of submitting plans and specifications for checking. Exception: The plan-check fee for buildings of one and two family dwelling occupancies and accessory structures of group U occupancy may be waived by the building official when the plans do not involve unusual or complex engineering design features.
(2) Where plans are incomplete or changed so as to require additional plan checking, an additional plan-check fee shall be charged at the rate set in the Schedule of Fees adopted by the city council by resolution.
(3) Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans submitted for checking may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding 180 days upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan-check fee.
(c) Fee refunds. Fees may be refunded as follows:
(1) The building official may authorize the refunding of any fee paid under this section which was erroneously paid or collected.
(2) The building official may authorize the refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with the building code.
(3) The building official may authorize the refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan reviewing is done.
The building official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment.
(d) Exemption for certain classes of applicants. Persons performing work for the federal government or the state or county may obtain permits for such work without paying the permit fees as provided for in this section; provided, however, that nothing in this section shall be construed to exempt payment of permit fees by persons performing work under the direction of the city in connection with the abatement of any public nuisance on private property, pursuant to city ordinance or state law. This exemption shall not apply to plan-checking fees.
(e) Waiver of permit fees by city council. The city council upon receipt of timely application may by resolution waive payment of permit fees required in this chapter to persons who develop a project within the Metro Center Urban Renewal Project Area which will receive assistance from the city, from Polk County or from the state of Iowa under Iowa Code, Chapter 15F, Vision Iowa Program.
Sec. 26-231. Permit exemptions.
(a) A building permit shall not be required for the following:
(1) One-story detached accessory buildings used as tool or storage sheds, playhouses, pet shelters, and similar uses, provided the projected roof area does not exceed 120 square feet in area and complies with all applicable zoning requirements. Such building must be located at least three feet from any property line and six feet from any dwelling.
(2) Chain link or wire fences four feet or less in height and all other fences three feet or less in height.
(3) Movable cases, counters, and partitions not over five feet high.
(4) Retaining walls, which are not over four feet in height, measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding flammable liquids.
(5) Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed two to one.
(6) Platforms, walks, and driveways not more than 30 inches above grade and not over any basement or story below.
(7) Painting, papering, and similar finish work.
(8) Temporary motion picture, television and theater stage sets and scenery.
(9) Window awnings supported by an exterior wall of group One and Two family Dwellings and group U occupancies when projecting not more than 54 inches.
(10) Mobile or manufactured buildings which are:
a. Constructed in accordance with the provisions of the Iowa State Building Code and the Manufactured Home Construction and Safety Standards, Department of Housing and Urban Development;
b. Located in an authorized mobile home park or similar development; and
c. Installed in a manner complying with the Iowa State Building Code, such installation to be certified in the manner specified by the state building code commissioner.
(11) Minor maintenance and repair work that is deemed by the building official not to affect structural strength, safety, fire resistance, or sanitation, provided that no such work shall be performed in a manner contrary to any provisions of the building code or any other laws.
(12) Repair work performed on stairs in residential structures when such repairs are subject to inspection by, and approval of the Neighborhood Inspection Division under the auspices of article IV of this chapter. New or replacement stairs are not included in this exemption.
(b) Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required when appropriate for the exempted items in subsection (a) of this section.
(c) Exemption from the permit requirements of this section shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of the building code or any other laws or ordinances of this jurisdiction.
Sec. 26-232. Expiration.
(a) Every permit, except a demolition permit, issued by the building official under the provision of the building code shall expire under any one of the following conditions:
(1) Failure to begin work authorized within 180 days after issuance of the permit.
(2) Suspension or abandonment of work for 120 days after commencement of the work. Time of occurrence of suspension or abandonment of work shall be computed from the date of the most recent inspection since which no progress has been made.</