ORDINANCE NO. 14,685

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, and amended by Ordinance No. 14,447 passed May 23, 2005 and Ordinance No. 14,490 passed September 26, 2005 by amending Sections 26-2, 26-100, 26-101, 26-120, 26-121, 26-122, 26-123, 26-124, 26-125, 26-160, 26-161, 26-162, 26-163, 26-164, 26-175, 26-176, 26-177, 26-179, 26-181, 26-205, 26-206, 26-211, 26-215, 26-216, 26-231, 26-233, 26-254, 26-255, 26-275, 26-277, 26-279, 26-301, 26-302, 26-320, 26-321, 26-322, 26-323, 26-324, 26-325, 26-326, 26-327, 26-328, 26-329, 26-330, 26-400, 26-402, 26-403, 26-430, 26-431, 26-500, 26-501, 26-502, 26-503, 26-507, 26-510, 26-511, 26-514, 26-522, 26-523, 26-525, 26-527, 26-528, 26-552, 26-575, 26-576, 26-577, 26-578, 26-579, 26-580, 26-590, 26-592 and 26-593, and repealing Sections 26-141 and 26-512 and adding and enacting new Sections 26-216.05, 26-530 and 26-531 thereof, relating to building 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, and amended by Ordinance No. 14,447 passed May 23, 2005 and Ordinance No. 14,490 passed September 26, 2005 is hereby amended by amending Sections 26-2, 26-100, 26-101, 26-120, 26-121, 26-122, 26-123, 26-124, 26-125, 26-160, 26-161, 26-162, 26-163, 26-164, 26-175, 26-176, 26-177, 26-179, 26-181, 26-205, 26-206, 26-211, 26-215, 26-216, 26-231, 26-233, 26-254, 26-255, 26-275, 26-277, 26-279, 26-301, 26-302, 26-320, 26-321, 26-322, 26-323, 26-324, 26-325, 26-326, 26-327, 26-328, 26-329, 26-330, 26-400, 26-402, 26-403, 26-430, 26-431, 26-500, 26-501, 26-502, 26-503, 26-507, 26-510, 26-511, 26-514, 26-522, 26-523, 26-525, 26-527, 26-528, 26-552, 26-575, 26-576, 26-577, 26-578, 26-579, 26-580, 26-590, 26-592 and 26-593, and repealing Sections 26-141 and 26-512 and adding and enacting new Sections 26-216.05, 26-530 and 26-531 thereof, relating to building and building regulations, as follows:

ARTICLE I. IN GENERAL

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; and repealing conflicting ordinances.

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 be 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 and inspections of work.

(3) Serve as city staff and advisor to the building and fire code board of appeals.

(4) Render interpretations of the building codes and 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

(1) Provide the director of community development and the city manager, not less than once per year a summary of his or her recommendations as to desirable amendments to the building codes.

(2) Keep 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) Keep a record of the issuance of permits, inspections made, and other official work performed in accordance with this chapter;

(4) Keep records of building and fire code board of appeals meetings, hearings, rulings, and other matters performed in accordance with this chapter;

(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 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 or business in the city at any time while employed by the city.

(g) Liability.

(1) Neither the city nor any employee is 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 for damage to the person or of any person owning, operating or controlling any equipment or structure regulated by such codes caused by defective work nor shall the city or any city employee be liable because of the inspections authorized by such codes or any approvals issued under such codes.

DIVISION 2. BUILDING AND FIRE CODE BOARD OF APPEALS

Sec. 26-120. Building and fire code board of appeals created; authority.

There is created a building and fire code board of appeals with authority to:

(1) Review the building, electrical, mechanical, plumbing and fire codes periodically and make recommendations thereto to the city council.

(2) Act as a board of appeals to hear grievances arising from a decision of the building official or fire chiefand to provide for reasonable interpretations consistent with the provisions of the building, electrical, mechanical, plumbing and fire codes. Any person may upon written request appeal a previous decision of the building official or fire chief to the board for consideration.

(3) 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.

(4) 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.

(5) 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 building and fire code board of appeals 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 building and fire code board of appeals 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 or license issued by the city or by the state of Iowa 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 or license issued by the city or by the state of Iowa 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 or license issued by the city or by the state of Iowa.

(10) Two mechanical contractors who hold an active class A, B, C or D mechanical contractor license issued by the city or who hold a master’s mechanical license issued by the state of Iowa.

(11) One licensed attorney.

(12) One person shall be a qualified engineer, architect, technologist, technician or safety professional trained in fire protection engineering, fire science or fire technology, including but not limited to fire protection contractors and certified technicians engaged in fire protection system design.

(13) One person with experience in historic preservation.

(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 or fire chief 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 hearing, 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 or fire chief should be modified or withdrawn. The building official or fire chief shall have the opportunity to be heard to show why their decision should be affirmed.

Sec. 26-123. Decisions.

(a) After the hearing as provided in section 26-122, the building and fire code board of appeals shall affirm, modify or withdraw the decision of the building official or fire chief.

(b) The proceedings at any hearing before the board, including the findings and decision of the building official or fire chief, 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 building and fire code board of appeals shall hold regular 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 fire chief or upon the written request of two members of the board to the chair and the building official or fire chief.

(b) The building and fire code board of appeals 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. 26-125. Legal counsel.

The building and fire code board of appeals shall have the right to request legal counsel from the city attorney when counsel is desired.

DIVISION 3. PERMITS AND FEES

Sec. 26-141. Repealed by Ord. No. 14,---.

DIVISION 4. LICENSES AND CERTIFICATES

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 hold itself out as engaging in any activity or business within the city regulated by this chapter without first having obtained a contractor’s license from the city or the contractor employs a master licensed as such by the state of Iowa.

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.

This section is repealed and will be of no further force and effect as of the following dates or events, whichever occurs first:

1. For those contractors or persons regulated by the state of Iowa electrical examining board established pursuant to chapter 103 of the Iowa code, as amended July 1, 2008 or the date upon which the electrical examining board assumes the powers, duties and responsibilities regarding licensing mandated by chapter 103;

2. For those contractors or persons regulated by the plumbing and mechanical system licensing board established pursuant to 104C of the Iowa code, as amended July 1, 2008.

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.

This section is repealed and will be of no further force and effect as of the following dates or events, whichever occurs first: 1. For those contractors or persons regulated by the state of Iowa electrical examining board established pursuant to chapter 103 of the Iowa code, as amended July 1, 2008 or the date upon which the electrical examining board assumes the powers, duties and responsibilities regarding licensing mandated by chapter 103;

2. For those contractors or persons regulated by the plumbing and mechanical system licensing board established pursuant to 104C of the Iowa code, as amended July 1, 2008.

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.

2. For those contractors or persons regulated by the plumbing and mechanical system licensing board established pursuant to 104C of the Iowa code, as amended July 1, 2008.

Sec. 26-164. Contractor's bond.

Prior to the issuance or renewal of any contractor's license issued by the city or by the state of Iowa, and unless otherwise indicated in this article, the contractor 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.

2. For those contractors or persons regulated by the plumbing and mechanical system licensing board established pursuant to 104C of the Iowa code, as amended July 1, 2008.

DIVISION 5. INSPECTIONS AND ENFORCEMENT

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.

(c) All construction trades inspectors shall have the right to enter upon any property during reasonable hours in the discharge of their official duties. They are authorized, directed and empowered to inspect any and all building and environmental support systems installations within the city and to order removed or remodeled and put into proper and safe condition for the protection of the health, safety and welfare of any system or component that is not in compliance with the provisions of the municipal ordinances and construction codes adopted so that persons or property shall not be in danger there from.

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. 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 the work, the contractor 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. 26-179. 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 or company that installs it and shall not require the building official’s approval prior to being used, provided that the building official 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. 26-181. 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 or state law regulating contractor licensing.

(b) Persons who fail to perform an act required by the provisions of this chapter or who commit 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.

ARTICLE II. BUILDING CODE

Division 1. Generally

Sec. 26-205. Foundations for stud bearing walls

Notwithstanding the provisions of the IRC Table 403.1 the minimum width for all footings shall be 16 inches.

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 No 4 steel rebar deformed ASTM A615 grade 40 for one-story construction, or two No 4 steel rebars deformed ASTM A615 grade 40 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. 26-211. 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.

Exception: To allow street maintenance and use of public way when maintenance is required.

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 stairs 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 7 3/4 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 or the International Building 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.

Section 26-216.05. Landings for basement egress windows.

Notwithstanding section R310.1 of the International Residential Code (IRC) a landing may be constructed at the authority of the building official when egress windows are required from habitable spaces as outlined therein and the sill height of the window exceeds 44 inches in height from the interior finished floor. Where a landing is provided, that landing shall be a minimum width of 36 inches and a minimum depth of 24 inches, and a maximum height of 24 inches. This landing shall be permanently affixed.

DIVISION 2. PERMITS AND INSPECTIONS

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) Playground equipment.

(5) 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.

(6) 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.

(7) Platforms, walks, and driveways not more than 30 inches above grade and not over any basement or story below.

(8) Painting, papering, and similar finish work.

(9) Temporary motion picture, television and theater stage sets and scenery.

(10) 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.

(11) 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.

(12) 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.

(13) 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. 26-233. Unsafe buildings.

(a) All buildings or equipment which are considered unsafe and unfit for occupancy are ones which contain one or more of the following defects:

(1) structural instability, dilapidated, decayed, obsolete, dangerous, abandoned, not secured against entry;

(2) unsanitary, contains filth and contamination, vermin infested;

(3) lack adequate egress, light, ventilation, maintenance, or minimum safeguards to protect or warn occupants in the event of fire;

(4) involve illegal or improper occupancy.

(b) All unsafe buildings or equipment may be declared to be public nuisances by the building official and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedure specified in section 60-300 et seq. for residential structures.

DIVISION 3. SIGNS AND BILLBOARDS

Sec. 26-254. Design.

(a) Generally. General requirements for signs and sign structures shall be as follows:

(1) Signs and sign structures shall be designed and constructed to resist wind and forces as specified in this section. All bracing systems shall be designed and constructed to transfer lateral forces to the foundations. For signs on buildings the dead and lateral loads shall be transmitted through the structural frame of the building to the ground in such manner as not to overstress any of the elements thereof.

(2) The overturning moment produced from lateral forces shall in no case exceed two-thirds of the dead load resisting moment. Uplift due to overturning shall be adequately resisted by proper anchorage to the ground or to the structural frame of the building. The weight of earth superimposed over footings may be used in determining the dead load resisting moment. Such earth shall be carefully placed and thoroughly compacted.

(b) Wind loads. Wind loads shall comply with the following:

(1) Signs and sign structures shall be designed and constructed to resist wind forces as specified in the International Building Code.

(2) In the absence of plans certified by an engineer registered in this state, simple pole or ground sign supports shall provide a section-modulus at the point of maximum bending equal to or greater than that obtained from the following formula:

S.M. - 0.0004615 Aspwhc

Where

S.M.	=	Section modulus
AS	=	Area of sign face (square feet)
PW	=	Pressure of wind (lbs. per sq. ft.) as determined from table 23-F of the building code
HC	=	Height of distance (feet) of centroid of sign area from point of maximum bending

(c) Combined loads. Vertical design loads, except roof live loads, shall be assumed to be acting simultaneously with the wind loads.

(d) Allowable stresses. Allowable stresses shall be as follows:

(1) The design of wood, concrete, steel or aluminum members shall conform to the requirements of the International building code. Loads, both vertical and horizontal, exerted on the soil, shall not produce stresses exceeding those specified in the building code.

(2) The working stresses of wire rope and its fastenings shall not exceed 25 percent of the ultimate strength of the rope or fasteners.

(3) Working stresses for wind loads combined with dead loads may be increased as specified in the building code.

Sec. 26-255. Construction.

(a) Generally. The supports for all signs or sign structures shall be placed in or upon private property and shall be securely built, constructed, and erected in conformance with the requirements of the building code.

(b) Materials. Materials of construction shall be as follows:

(1) Materials of construction for signs and sign structures shall be of the quality and grade as specified for buildings in the building code.

(2) In all signs and sign structures, the materials and details of construction shall, in the absence of specified requirements conform with the following:

a. Structural steel shall be of such quality as to conform with the International Building Code. Secondary members in contact with or directly supporting the display surface may be formed of light gauge steel, provided such members are designed in accordance with the specifications of the design of light gauge steel as specified in the International Building Code and, in addition, shall be galvanized. Secondary members, when formed integrally with the display surface shall be not less than no. 24 gauge in thickness. When not formed integrally with the display surface, the minimum thickness of the secondary members shall be no. 12 gauge. The minimum thickness of hot-rolled steel members furnishing structural support for signs shall be one-fourth inch, except that if galvanized such members shall be not less than one-eighth inch thick. Steel pipes shall be of such quality as to conform with International Building Code. Steel members may be connected with one galvanized bolt provided the connection is adequate to transfer the stresses in the members.

b. Anchors and supports when made of wood and embedded in the soil or within six inches of the soil shall be of all heartwood of a durable species or shall be pressure treated with an approved preservative. Such members shall be marked or branded by an approved agency.

c. Restriction on combustible materials.

(1) All signs and structures erected in fire zone no. 1 shall have structural members of noncombustible materials. Ground signs may be constructed of any material meeting the requirements of the building code, except as provided in subsection (b) of this section.

(2) Roof signs, wall signs, projecting signs, and signs on marquees shall be constructed of noncombustible materials, except as provided in subsection (d) of this section. No combustible materials other than approved plastics shall be used in the construction of electric signs.

(d) Nonstructural trim. Nonstructural trim and portable display surfaces may be of wood, metal, approved plastics, or any combination thereof.

(e) Anchorage.

(1) Members supporting unbraced signs shall be so proportioned that the bearing loads imposed on the soil in either direction, horizontal or vertical, shall not exceed the safe values. Braced ground signs shall be anchored to resist the specified wind load acting in any direction. Anchors and supports shall be designed for safe bearing loads on the soil and for an effective resistance to overturning. Anchors and supports shall penetrate to a depth below ground greater than that of the frostline. Portable ground signs supported by frames or posts rigidly attached to the base shall be so proportioned that the weight and size of the base will be adequate to resist the wind pressure specified in the building code. Signs attached to masonry, concrete, or steel shall be safely and securely fastened thereto by means of metal anchors, bolts, or approved expansion screws of sufficient size and anchorage to support safely the loads applied.

(2) No wooden blocks or plugs or anchors with wood used in connection with screws or nails shall be considered proper anchorage, except for signs attached to wood framing.

(3) No anchor or support of any sign shall be connected to or supported by an unbraced parapet wall, unless such wall is designed in accordance with the requirements for parapet walls specified in section 2312 of the building code.

(4) Adjustable turnbuckles shall be securely safetied to prevent movement.

(f) Display surfaces. Display surfaces in all types of signs may be made of metal, glass, or approved plastics, except that glass shall not be used in any pole or projecting signs. Glass thickness and area limitations shall be as set forth in table no. 4-A in this section. Sections of approved plastics on wall signs shall not exceed 150 square feet in area. Exceptions:

(1) In fire zone no. 3 the area may be increased by 50 percent.

(2) Sections of approved plastics on signs other than wall signs may be of unlimited area if approved by the building official.

TABLE NO. 4-A SIZE, THICKNESS AND TYPE OF GLASS PANELS IN SIGNS

Maximum Size of Exposed Glass Panel