Loading...
HomeMy WebLinkAboutA001 - legal opinion a FILED C�IY OF �S, IOV"Jr� City of � ,� AMES, Iowa d 50010 DEC 1 4 1978 (515) 232-6210 JOHN R. KLAUS City Attorney R. MICHAEL HAYE$ Ass It. City Attorney December 12 , 1978 Honorable Lee Fellinger, Mayor And Members of the City Council Of The City of Ames , Iowa In Re : Ordinance to Adopt the State Building Code Dear Mayor Fellinger and Council Members : Some time back the City Council directed that I prepare the ordinances necessary to adopt the State Building Code as the local building code for the City of Ames . This is an option specifically provided to cities by the pro- visions of section 103A.10 of the Code of Iowa, 1977 . However, under the provisions of section 380.10 of the Code of Iowa, 1977 , whenever a city adopts the provisions of the statewide standard code , there must be first a published notice and a hearing in accordance with the provisions of section 380 . 8 and 362 . 3 of the Code of Iowa. Therefore, the first action to be taken by the City Council on this matter should be to set the meeting of January 2 as the date for the public hearing on adopting the State Code as the local building code and directing the City Clerk to publish the required notice not less than four nor more than twenty days prior to the date of January 2 . The State Building Code is set out in the Iowa Administrative Code as a result of rules promulgated by the State Building Code Commissioner through the office of Planning and Programming pursuant to the Administrative Procedure Act found in Chapter 17A of the Code of Iowa. The specific statutory authorization for a State Building Code and the adoption of the code by cities is found in Chapter 103A of the Code of Iowa. Combining Education and Industry with Hospitality -2- The State Building Code has in essence adopted the most recent editions of the Uniform Building Code, the National Electrical Code and the Uniform Mechanical Code. For this reason, certain provisions of Chapter 13 of the Municipal Code (electrical code) are repealed as redundant and Chap- ter 21-1/2 , which adopts the Uniform Mechanical Code by reference, is completely redundant and repealed in its entirety. The State Building Code also has a division on plumbing regulations and rules and adopts, by reference, chapters 1 through 13 of the Uniform Plumbing Code and the State Plumbing Code promulgated by the rules of the State Department of Health. To the extent that any of these pro- visions are higher than the provisions of the City plumbing code now set out in Chapter 28 of the Municipal Code they will control. Adoption of the State Building Code probably makes many provisions of the City ' s Plumbing Code redundant. However, because there are several provisions in the City' s Plumbing Code which set standards higher than those set by either the Uniform Plumbing Code or the plumbing code of the State Department of Health; or, which establish special pro- visions unique to the City of Ames; and, special provisions with respect to the City 's water and sanitary sewer systems , additional time will be needed for further consultation with public works personnel , water and sewer personnel and the plumbing inspector to work out exactly what should be re- pealed in Chapter 28 and what should be retained, and whether any revisions should be made to what is to be retained as a unique local requirement. Because some may be concerned, it should be pointed out that adoption of the State Building Code makes applicable to the City of Ames much more extensive regulations pertaining to access for the handicapped then are presently set out in the City Building Code. Finally, it should be made clear that adoption of the State Building Code does not affect in any way the local provisions of the Municipal Code with respect to the testing and licensing of electricians and plumbers . Respectfully submitted, John R. Klaus City Attorney