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HomeMy WebLinkAboutA001 - legal recommendation to City Council y 4IT I 1 F I I I No 50010 r1a 7 V 515/232-6210 April 22, 1982 Honorable F. Paul Goodland, Mayor And Members of the City Council Of the City of Ames, Iowa Re: Amending Rental Housing Code, Chapter 13, Municipal Code Dear Mayor Goodland and Council Members: On the agenda of the May 4 Council meeting will be the first reading and passage of an ordinance for the amendment of the rental housing code, Chapter 13 of the Municipal Code. A copy of the ordinance proposed and approved by the Council's ad hoc committee is attached as Exhibit one. I recommend its enactment. Also on the agenda for May 4 will be a consideration of the Uniform Fire Code and Life Safety Code which is adopted by reference in Chapter 8 of the Municipal Code. This second matter is quite distinct from the proposed amendments to the rental housing code. The two codes do not necessarily have any relationship. This will be further discussed in a separate report pertaining to the Chapter 8 regulations. With respect to the ordinance to amend the housing code, (chapter 13) the principal change will be to delete from section 13.35 the seemingly innocuous reference to the so-called "fire marshall's regulations." That reference has been in the Ames rental code since 1977, and the state regulations referred to have been in continuous effect since 1962. The problem stems from the "one hour fire resistive construction" require- ment which, when applied to a door, can only be clearly met by a manu- factured door frame and door that bears a national testing laboratory rating label. It appears most apartment buildings and the fraternity and sorority buildings do not meet that requirement at this time. The City cannot, of course, repeal the state regulations referred to, which are promulgated by the State Fire Marshall under authority of Chapter 100 of the Code of Iowa, specifically, section 100.1(5) . How- ever, the City is under no legal obligation to incorporate the state's regulations into its local housing code. By deleting reference to the State regulations from the local housing code, questions of compliance with those regulations will no longer create an impediment to compliance with the local rental housing code. A copy of the pertinent portion of those state regulations is attached as Exhibit Two. In my view the guilding dictums of Wilson v Nepsted are: ". . . a municipality is liable for tortious commissions and omissions when authority and control over a particular activi- ty has been delegated to it by statute and breach of that duty involves a forseeable risk of injury to an identifiable class to which the victim belongs." ". . . the specificity of statutes relating to fire escapes and exits together with the location, classification, construc- tion, arrangement, signing and lighting thereof, in Secs. 103.3 through and including 103.9 Code of Iowa, coupled with statutory directions to municipal inspectors to 'carefully inspect' for violations and serve notice on non-complying owners, Secs. 103. 13--. 17, evidence a purpose to protect occu- pants of mumti-family dwellings and other specified structures It The mandates of Sections 103.13 and 103.14 were very emphatic: "103.13 Building inspectors. The building inspector or other officer performing like duties in cities having such officer, and if there be no such officer, then the chief of the fire department, and if there be no chief of a paid fire depart- ment, the mayor of such city, or if the building is not within the corporate limits of any city, then the chairman of the board of supervisors, shall inspect all fire escapes within their respective jurisdictions, except buildings otherwise required by law to be inspected." "103. 14 Powers and duties. Such inspection officers shall as often as necessary, and whenever complaint is made, carefully inspect and examine such fire escapes, and such inspection shall include all paths or routes between any interior passage to a lower floor and the opening and means of access to the said fire escapes, and the signs, lights, exits, and means of escape of all buildings required to be equipped with fire es- capes and required to have certain exits and means of escape; and upon the complaint of any person that any fire escape, exit, or means of escape from fire is being maintained con- trary to law, or any rule or regulation relative thereto or relative to protection against fire is being violated, such inspector shall examine into the conditions complained of and determine what, if any, requirements should be made in rela- tion thereto, and shall have power to make all reasonable requirements and regulations in conformity with the law and to determine all matters with respect to fire escapes, protection from fire, and means of escape from buildings." No such emphatic mandate for inspection exists now, since the repeal of chapter 103 effective July 1, 1981. Therefore, liability can not be predicated on future non-performance of fire safety inspection require- ments, unless the city imposes such requirements on itself. In the course of the ad hoc committee's deliberations, the two principal concerns appeared to be: 1. What does the state law absolutely require in the way of a rental housing regulatory program? 2. What is the basis and potential for city liability in connec- tion with this matter? I will attempt a short answer to both. The statutory requirements for local regulation of rental housing is considerably less now than it has been in the past 50 years, and getting less. From 1924 until January 1, 1981 cities were under a very strin- gent but largely antiquated and obsolete housing law codified most recently as Chapter 413, the Iowa Code of 1979. Section 413.123 of this code actually required annual inspections of every apartment. Section 413.105 provided that no building could be occupied without a certifi- cate of compliance from the city, and section 413. 106 provided that rents were uncollectible in the absence of the certificate. That code was largely ignored from its enactment until its repeal in 1981. In 1981 the city came under what is now found codified as section 364.17. It required the city to place into effect as a local ordinance one of four national housing codes, or the HUD standards. Ames adopted the latter, and they are now referred to in Chapter 13, and set out in full in Appendix I to the Municipal Code. A copy of Chapter 364.17 is attached hereto as Exhibit Three. Your attention is invited to section 364. 17(3) . It requires some "pro- gram for regular rental inspection"; but, not for long. Last week, I am informed, the legislature passed a bill to remove that requirement. Last year Chapter 103, which contained in section 103. 14 a requirement for city inspection of fire escapes and means of egress was repealed. Therefore, by this summer, cities in Iowa will probably be free from any state requirement for any inspection of any form of housing, for the first time since 1924. There is probably some theoretical exposure for city liability stemming from non-enforcement or negligent enforcement of the old codes now re- pealed. It is impossible to assess this in any meaningful way, and there is nothing that can be done about it anyway. Deliberate or care- less non-enforcement of code requirements when causally linked to harm or damage may be a basis for city liability. The Iowa law on city liability for alleged failure of a duty to enforce or properly administer a regulatory ordinance is enunciated in the case of Wilson v Nepsted (1979) 282 N.W.2d 664. That case pertained to enforcement by cities of state laws and local ordinances pertaining to fire safety. Specifically, the court referred to the city's obligations to inspect for and enforce the fire marshall's regulations pertaining to exits from buildings under chapter 103 Code of Iowa, a chapter that was repealed effective July 1, 1981. It is a general principle of law that whatever one undertakes to do, even if you don't have to do it, you must do it reasonably well or risk being liable to those injured as a result of any negligence or lack of care. If a city voluntarily undertakes some program to inspect for dangerous conditions, and a city inspector discovers improper, dangerous or unauthorized conditions, the city must take steps to have it cor- rected or risk the city's liability for any damage or injury that might occur because of those conditions. However, it is in my opinion extremely unlikely that the city would be liable because someone sneaks in some illegal work or creates a danger- ous condition without being caught by whatever inspection program the city has. In conclusion, it is my recommendation that the amendments to the rental housing code proposed by the ad hoc committee be adopted. Doing so will not be contrary to State law. It will not create a liability exposure greater than what the city already has and will diminish the city's future obligations in that regard. As for encouraging fire safety, the city could authorize its inspectors to advise owners, occupants and the State authorities of conditions which do not meet state regulations, leaving it up to the individuals and the State to then take whatever action they deem prudent in terms of compliance. Respectfully submitted, John I.WKlaus City Attorney JRK/mlp IAC 7/1/75 Public Safety[680) Ch 5, p.61 5.765(8) Distance of travel to the nearest exit in an open plan building shall not exceed one hundred feet from any point except that in a sprinklered building, the distance may be increased to one hundred fifty feet. [Filed April 6, 1965; amended October 17, 1969] 5.766 to 5.799 Reserved. FIRE SAFETY RULES FOR HOTELS, APARTMENT HOUSES, DORMITORIES, LODGING OR ROOMING HOUSES 680-5.800000) General principles and requirements—applicable to all classes of buildings in these rules. 5.800(1) Each building or structure referred to in these rules, whether new or old, designed for human occupancy, shall be provided with exits sufficient to permit the prompt escape of occupants in case of fire or other emergency. The design of exits and other safeguards shall be such that reliance for safety to life, in case of fire or other emergencies, will not depend solely on any single safeguard. Additional safeguards shall be provided for life safety in case any single safeguard is ineffective due to some human or mechanical failure. 5.800(2) Exits shall be so arranged and maintained as to provide free and unobstructed egress from all parts of every building or structure at all times when the building or ,structure is occupied. No locks or fastenings to prevent free escape from the inside of any building shall be installed on exit doors. Exit doors'shall open outward and be indicated with the word "Exit." 5.800(3) Exits shall be visible or the route to reach them shall be conspicuously indicated in such manner that every occupant of every building or structure will readily know the direction of escape from any point within the building. 5.800(4) In buildings or structures where artificial illumination of exit signs is required, adequate and reliable illumination shall be provided for all of the exit signs. 5.800(5) All vertical ways of exit and other vertical openings between floors of buildings shall be suitably enclosed or protected as necessary to afford reasonable safety to the occupants while using the exits and also to prevent the spread of fire, smoke or fumes through vertical openings from floor to floor before occupants have evacuated the building. 5.800(6) Window exits. Window exits opening onto outside fire escape platforms are permissible in Class B hotels, apartments, lodging and rooming houses provided the window is easily opened without the use of tools and is sufficient sire to allow an adult to pass through. 5.800(7) Dead-end corridors. Dead-end corridors cannot exceed the first twenty feet of exit travel from any room door with means of exit in only one direction in a Class A or Class B hotel. 5.800(8) Gas piping. All gas piping and the installation of gas appliances shall be in accordance with the provisions of 5.250001)of these rules. 5.800(9) Electrical wiring and appliances. The electric wiring, lighting and installation of all electrical appliances shall be in accordance with the standards of the current edition of the National Electric code. 5.800(10) Fire protection equipment and devices. Approved type fire extinguishers shall be provided on each floor, so located that they will be accessible to the occupants, and spaced so that no person will have to travel more than seventy-five feet from any point to reach the nearest extinguisher. Additional extinguishers may be installed in areas that constitute a special hazard. Type and number of portable fire extinguishers shall be j determined by the state fire marshal. 5.800(I1) In all buildings or structures of such size, arrangement or use, where delayed detection of a fire could endanger the occupants, the fire marshal may require an automatic fire detection alarm system. Ch 5, p.62 Public Safety[680] • IAC 7/1/75 5.800(12) In cases of practical difficulty or unnecessary hardship, the state fire rshal may grant exceptions to these rules but only when it is clearly evident that Leasonable safety is thereby secured. Existing buildings and structures shall not be occupied or used in violation of the provisions of these rules. 5.800(13) 'Nothing in these rules shall be construed to prohibit better types of building construction, more exits or otherwise safer conditions than the minimum requirements specified in these rules. 5.800(14) Compliance with these rules shall not be construed as eliminating or reducing the necessity for other provisions for safety of persons under normal occupancy conditions nor shall any provisions be construed as requiring or permitting any condition that may be hazardous under normal occupancy conditions of buildings or structures. 680-5.801(100) Definitions. -.801(1) For the purpose of these rules, the following definitions and classifications shall ased. 5.80](2) Hotels—Class A. Class A hotels shall include all buildings or group of buildings,under the same management, in which there are more than twenty-five sleeping accommodations for hire, primarily used by transients who are lodged with or without meals, whether designated as a hotel, inn, club, motel, or by any other name. So-called apartment-hotels shall be classified as hotels. 5.80](3) Hotels—Class B. Class B hotels shall include all buildings or group of buildings, under the same management, in which there are twenty-five or less sleeping accommodations for hire, primarily used by transients who are lodged with or without meals, whether designated as a hotel, inn, club, motel or by any other name. So-called apartment-hotels shall be classified as hotels. Class B hotels, more than two stories in eight, shall be limited to sleeping accommodations for ten persons only in each story above second story. 5.801(4) Apartment (rouses. This includes buildings furnishing living quarters for three or more families living independently from each other with independent cooking facilities whether designed as an apartment house., tenement, garden apartment or using any other name. 5.801(5) Dormitories. This shall include buildings where group sleeping accommoda- tions are provided for persons not members of the same family group. There may be several occupying large rooms or there may be a series of closely associated rooms under joint occupancy and single management. These buildings may be called college dormitories, fraternity houses, sorority houses, nurses' homes, convents or similar types of occupancy. 5.801(6) Lodging or rooming houses. This shall include buildings or groups of buildings, under the same management, in which separate sleeping rooms are rented ^^oviding sleeping accommodations for a total of more than four persons who are irelated. Accommodations may be for either transients or permanent guests, with or without meals, but without separate cooking facilities for individual occupants. 5.801(7) Row !lousing. Contiguous individual family units two stories in height, separated by fire walls from roof level to basement floor with no access through the fire wall, shall not be classed as an apartment house but shall be classed as single family dwellings for the purpose of these rules only. 680-5.802(100) Hotels. 5:802(1) This rule shall apply to hotels as defined in 5.801(100), 5.801(2) and 5.80](3). 5.802(2) Exits. a. No less than two exits, as remote from each other as practical, shall be accessible from 'y floor. Exits and ways of access thereto shall be so arranged that from every point in w__j opened area, or from any room door, exits will be accessible in at least two different directions except as provided in 5.800(7). IAC 7/1/75 Public Safety[680] Ch 5, p.63 I b. The exits, as specified in 5.802(2)"a", shall be such that it will not be necessary to travel more than one hundred feet from the door of any room to reach the nearest exit, except that where an automatic sprinkler system is provided, the distance may be increased to one hundred fifty feet. c. Types of exits from upper Jloors. Exits from upper floors shall be in accordance with the following types: (1) Enclosed stairways, (2) horizontal exits, (3) outside stairways, (4) fire escapes, Class B. d. Construction and arrangements oJ'exits. All stairs, ramps or other ways of exit shall be of such width and so arranged as to avoid any obstruction to the rapid evacuation of the hotel in the event of fire. Fire escapes shall be constructed as specified in chapter 103 of the Code. e. Exits from public hallways or passageways in Class A hotels shall have illuminated signs with the word "EXIT" in letters six inches high and 3/4 inch wide. Where the exits are not visible from every point of the hallway or passageway, directional signs shall be provided to indicate the exit. Class B hotels shall have exits plainly marked and if artificial illuminated signs are necessary, they shall be the same as required for Class A hotels. f. In Class B hotels, the second means of exit may be a Class C fire escape in accordance with section 103.7, providing the hotel does not exceed four full stories in height. g. There shall be conspicuously displayed, in each sleeping room of Class A hotels, a legible floor plan showing the arrangement of exits and the direction of travel to reach them from the guest room. 5.802(3) Protection of vertical openings. a. All stairways,elevator shafts and other vertical openings shall be enclosed or protected with material equal to one-hour, fire-resistive construction. All required exit stairs, which are located so that it is necessary to pass through the lobby or other open space to reach the 1 outside of the building, shall be continuously enclosed down to the lobby level. b. Unprotected vertical openings may be permitted in tire-resistive buildings with Class A finish, or in sprinklered buildings, not to exceed two floors. This paragraph is to permit open stairways from the lobby to the mezzanine level or open stairs from the lobby to basement areas used for hotel purposes. C. Wire glass, not to exceed nine hundred square inches in any single frame, may be used in stairway doors. d. All doors to stairway enclosures shall be equal to the fire-resistive construction required in S.802(3)"a",and shall be a self--closing type. 5.802(4) Interior finish. The exit ways, lobbies, public assembly meeting rooms and corridors shall have Class A interior finish. Class A finish shall mean the use of materials having aflame spread of less than 25 as rated by the National Board of Underwriters Laboratories. 5.802(5) Basements. Basements used only for storage, heating equipment or other purposes than hotel occupancy, open to guests or to the public, shall have no unprotected openings to floors used for hotel purposes. 5.802(6) Special hazard areas. All rooms or areas of hazardous occupancy such as those containing boilers, furnaces, refrigerating machinery, transformers, or storage areas, shall be separated or cut off from other parts of the building by fire walls or fire doors. 5.802(7) Fire alarm systems and evacuation. cn. Each hotel, both Class A and Class B, shall have an alarm device of such character and so located as.to arouse all the occupants of the building in case they are endangered by fire. In Class A hotels, an alarm sending station shall be provided at the hotel desk or other. convenient control point under the continuous supervision of responsible employees. Additional alarm sending stations or automatic fire detection devices may be required ( when, in the opinion of the state fire marshal, it is necessary to install such devices because of the size or number of occupants in the hotel. b. The hotel management shall formulate a plan and instruct the employees on the proper procedure to immediately notify the public fire department in case of fire. Ch 5, p.64 Public Safety[6801 IAC 7/1/75 <./ c. Hotels having fifteen or less guests, with each room having a telephone operated from a central switchboard, can waive the requirements of 5.802(7)"a". 5.802(8) Fire extinguishers. Each hotel, both Class A and Class B, shall have fire extinguishers of a size and type and so located as to be effective in extinguishing a small fire. There shall be one Class 2A fire extinguisher located in each corridor on each floor that is accessible to all occupants of the floor. In the case of large buildings, the number of fire extinguishers shall be determined by having one Class 2A extinguisher for each two thousand five hundred square feet or less of floor area. In hotel kitchens, boiler rooms, paint storage rooms, electric vault rooms,or other areas where there are special hazards to protect, there shall be a minimum of one Class 8B-C fire extinguisher. In the case of hotels having inside standpipe equipped with hose that will reach all areas of the floor, the requirement for Class 2A extinguishers may be waived. 680-5.803(100) Apartment houses. 5.803(1) Any apartment building which complies with all of the requirements of 5.802(100), may be considered as a hotel and the following paragraphs waived. 5.803(2) Each living unit shall have access to at least two separate exits which are remote from each other and are reached by travel in different directions, except that a common path of travel may be permitted for the first twenty feet; that is, a dead-end corridor serving apartments may be permitted not to exceed twenty feet in length. 5.803(3) Protection of' vertical openings. The protection of vertical openings in apartment buildings shall meet the same requirements as set forth in 5.802(3). 5.803(4) Interior finish. Interior finish in apartment buildings shall meet the requirements as set forth in 5.802(4). 5.803(5) Exit lighting and signs. All apartment buildings two or more stories high, and having more than ten apartment units, shall have corridor and exit signs. The illumination of corridor and exit signs shall be such that people of normal vision can move freely and the exit signs shall be legible at all times from any common corridor area. 5.803(6) Hazardous occupancies. Hazardous occupancies in apartment buildings such as boiler rooms, utility rooms and general storage areas shall be protected by walls and fire doors constructed of materials providing at least a minimum of one-hour fire rating. 680-5.804(100) Dormitories. will be acceptable 5.804(l) Any dormitory meeting all of the requirements in 5.803000), P and the following provisions may be waived. 5.804(2) Exits. a. All dormitories shall have exits so arranged that from any sleeping room or open dormitory sleeping area there will be access to two separate and distinct exits in different diections ancy ofr rnot more tthan ten persons and has a door unless l open ng directly to the outside cof oc the building at street or grade level. b. Exits shall be so arranged that it will not be necessary to travel more than one hundred feet from any point to reach the nearest outside door, stair or fire exit. c. Exits from upper floors shall be sufficient to provide at least one unit of exit width for every thirty persons. All exit stairways and other vertical openings shall be enclosed or protected with material equal to one-hour, fire-resistive construction. Wire glass, not to exceed nine hundred square inches in any single frame, may be used in the protection of vertical openings. d. Corridor and exit ways in dormitories shall have emergency lighting and illuminated exit signs with the word "EXIT" in letters six inches high and 3/4-inch wide. Where exit signs are not visible from every point of a hallway or passageway, directional signs shall be provided to indicate the exit. 5.804(3) Interior finish. All interior finish of dormitories in the corridors, stairways and exit ways shall be Class A. Class A finish is also required in sleeping rooms providing accommodations for more than two persons. IAC 3/3/82 Public Safety[680] Ch 5, p.6S j' 5.804(4) Fire alarm systems. A manual fire alarm system shall be required for every dormitory and in the case of college, university and school buildings, fire drills shall be regularly conducted and all residents informed as to the meaning of the fire alarm signals and the proper procedure to follow in case the fire alarm is sounded. 5.804(5) Fire extinguishers. Extinguishers shall be required in dormitories in accordance with 5.802(8). 5.804(6) Construction and arrangement. Dormitories shall be so arranged as to provide one hundred twenty-five square feet for residents as it relates to the gross area of the building. All new construction shall be in accordance with the applicable provisions of the following paragraphs. a. Fire-resistive construction. There is no limit to the area and height of the building. (1) Columns and piers shall have a fire-resistance rating of not less than three hours. (2) Floors shall have a fire-resistance rating of two hours. (3) Roofs shall have a fire-resistance rating of not less than one and one-half hours. (4) Beams, girders and trusses shall have a fire-resistance rating of two hours. (5) Walls bearing exterior and interior portions shall have a fire-resistance rating of three hours. (6) Partitions shall have a fire-resistance rating of two hours. b. Noncombustible construction. Noncombustible construction is limited to two stories except when protected with an approved sprinkler system. (1) General—all structural including walls, partitions, columns, piers, beams, girders, joists, trusses, floors and roofs shall be of approved noncombustible rating not less than one-hour fire-resistive. (2) Exterior walls shall have fire-resistive rating of two hours. c. One-story buildings shall be constructed of not less than one-hour, fire-resistant construction throughout except that boiler rooms, heating rooms and combustible storage rooms shall be two-hour, fire-resistant construction. Protected wood frame construction, when roof and floor construction and their supports have one-hour, fire-resistance and stairways and other openings through floors are enclosed with partitions having one-hour, fire-resistance, shall be acceptable as one-story buildings for dormitories. d. Other types of construction for dormitories not permitted. e. The ratings noted in the above paragraphs are those specified in the National Fire Protection Association codes. 680-5.805(100) Lodging or rooming houses. 5.8050) Exits. There shall be two means of exit from each floor remote from each other. These exits shall be accessible to all residents on each floor in case of an emergency. One means of exit for lodging or rooming houses may be a fire escape. Class C, as described in section 103.7, providing however, there are not more than ten adults on any floor and the building does not exceed four stories in height. 5.805(2) Any sleeping room below the street floor shall have a direct access to the outside of the building. 5.805(3) The general requirements for fire safety as set out in 5.800(100), shall be applicable in lodging and rooming houses when, in the opinion of the state fire marshal, such specific safeguards are needed to insure the safety to life in the event of fire and whether specifically mentioned or not, lodging and rooming houses shall meet the intent of 5.800000). 5.805(4) No frame dwelling, more than three stories in height, shall be occupied or remodeled for use as a lodging or rooming house. 680-5.806(69GA,ch45) Smoke detectors definition. "Approved" is defined as being • acceptable to the state fire marshal. Any equipment, device or procedure which bears the stamp of approval or meets applicable standards prescribed by an organization of national a; Ch 5,p.66 Public Safety[6801 IAC 3/3/82 reputation such as the Underwriters Laboratories, Inc., National Bureau of Standards, Fac- tory Mutual Laboratories,American Society for National Fire Protection Association,Ameri- can Society of Mechanical Engineers or American Standards Association, which undertakes to test and approve or provide standards for equipment, devices or procedures of the nature prescribed in these regulations shall be deemed acceptable to the state fire marshal. 680-5.807(69GA,ch45) General requirements. 5.807(1) Approved single station smoke detectors will be acceptable in all areas covered by these regulations,unless other fire warning equipment or materials are required by other stan- dards. 5.807(2) Any installation of wiring and equipment shall be in accordance with the latest edition of the National Fire Protection Association Standard No. 70, National Electric Code and other applicable standards. 5.807(3) All devices,combinations of devices,and equipment to be installed in conformity with these regulations shall be approved and used for the purposes for which they are intended. 5.807(4) A combination system, such as a household fire warning system whose compo- nents may be used in whole or in part,in common with a nonfire emergency signaling system, such as a burglar alarm system or an intercom system, shall not be permitted or approved, except for one- or two-family dwellings. 5.807(5) All power supplies shall be sufficient to operate the alarm for at least four contin- uous minutes. 5.807(6) When electrically powered devices are used,an AC primary power source shall be utilized in all new construction. In existing construction, AC primary power is preferred; however, where such is not practical, a monitorized battery primary power source is permitted. 5.807(7) The failure of any nonreliable or short-life component which renders the detector inoperative shall be readily apparent to the occupant of the sleeping unit without the need for a test. Each smoke detector shall detect abnormal quantities of smoke that may occur and shall properly operate in the normal environmental condition. 5.807(8) Equipment shall be installed, located and spaced in accordance with the manu- facturer's recommendations. 5.807(9) Installed fire warning equipment shall be mounted so as to be supported inde- pendently of its attachment to wires. 5.807(10) All apparatus shall be restored to normal immediately after each alarm or test. 680-5.808(69GA,ch45) Notice of installation. Owners of buildings required by law to install smoke detectors shall notify their local fire department upon installation of required smoke detectors. Upon receipt of notification of installed smoke detectors by a local fire department, said local fire department shall notify the state fire marshal of each installation. These rules are intended to implement Acts of the Sixty-ninth General Assembly, Chapter 45, Section 1, subsection 5. 5.809 to 5.849 Reserved. [Filed June 22, 19621 [Filed 2/12/82, Notice 12/9/8 1—published 3/3/82, effective 4/7/821 EXPLOSIVE MATERIALS 680-5.850(IOIA) Rules generally. The standard of "Manufacture, Transportation, Storage and Use of Explosives and Blasting Agents" number 495, 1970 edition of the National Fire Protection Association together with its references to other specific standards referred to shall be the rules governing explosives and blasting agents in the state of Iowa. 680-5.851(IOIA) Inspections. An inspection of all storage facilities shall be made at least every six months and inspection forms filled out in triplicate, the original to be sent to the k i POWERS AND DUTIES OF CITIES, §364.17 May or alley or uses such street or alley for ingress form housing code promulgated by the International and afterward the street or alley is vacated Conference of Building Officials,as amended to Jan- of damage or injury or loss of access,or dimin- uary 1,1980.A city which reaches a population of fif- the value of the improved property, the city teen thousand, as determined after July 1, 1980,has pay to the owner of the property the amount of six months after such determination to comply with damage or injury. [C73,1469;C97,§785,786;C24, this section. 35,39,§5953, 5954; C46, 50, 54, 58, 62, 66, 71, 3. A city which adopts or is subject to a housing f! 7l1 389.23;C75,77,79,§364.15] code under this section shall adopt enforcement pro- 8 cedures, which shall include a program for regular ;.. g Municipal fire protection. Each city shall for the protection of life and property against rental inspections, rental inspections upon receipt of may establish, house, equip, staff, uniform complaints,and certification of inspected rental hous- ing, and may include but are not limited to the fol- ntain a fire department.A city may establish ! �57 ty and may, consistent with code standards lowing: 368 gated by nationally recognized fire prevention a• A schedule of civil penalties or criminal fines 368.1 for violations. 368 regulate the storage, handling, use, and b. Authority for the issuance of orders requiring rtation of all inflammables,combustibles,and y eq g ves within the corporate limits and inspect for violations to be corrected within a reasonable time. t jbate fire hazards.A city may provide conditions c. Authority for the issuance of citations pursuant which the fire department will answer calls out- to sections 805.1 to 805.5 upon a failure to satisfacto- `The corporate limits or the territorial jurisdiction rily remedy a violation. boundary limits of this state. A city shall have d. Authority,if other methods have failed,for an s' ' e governmental immunity outside its corpo- officer to contract to have work done as necessary to ed o limits when providing fire protection as when remedy a violation,the cost of which shall be assessed ent to ting within the corporate limits. Firemen oper- to the violator and constitute a lien on the property sarw equipment on calls outside the corporate limits until paid. for n be entitled to the benefits of chapter 410 or 411 e. An escrow system for the deposit of rent which Chap,, otherwise qualified. [R60,§1058, 1096; will be applied to the costs of correcting violations. -57 61 7,525; C97,§711,716; S13,§711;C24,27,§5760, f. Mediation of disputes based upon alleged viola- C31, 35,§5760, 5766; C39,§5760, 5766, 5766.1; tions. C75 60,1368.23, 368.29, 368.30; C54, 58, 62, 66, 71, g. Injunctive procedures. .11;C77,79,§364.16] The enforcement procedures shall be designed to �g}3t . improve housing conditions rather than to displace 17 City housing codes. persons from their homes. liave p city with a population of fifteen thousand or ify i.ra,' "may adopt by ordinance the latest version of h. Authority by ordinance to provide that no rent Is the` pt the following housing codes before January 1, shall be recoverable by the owner or lessee of any ; Ian- dwelling which does not comply with the housing t code adopted by the city until such time as the dwell- the uniform housing code promulgated by the rt is 'ing does comply with the housing code adopted by the rnational Conference of Building Officials. city. f th,? b The housing code promulgated by the Amen- 4. A city which is subject to the uniform housing en public Health Association. code or which adopts another housing code under this o a The basic housing code promulgated by the section may provide reasonable variances for existing p Officials Conference of America. structures which cannot practicably meet the stan- it The standard housing code promulgated by the dards in the code but are not unsafe for habitation. ' Of P -ern Building Code Congress International. 5. Cities may establish reasonable fees for inspec- : !1ty ' e Housing quality standards promulgated by the tion and enforcement procedures. , -ri lty ' States department of housing and urban de- 6. Cities with populations of less than fifteen went for use in assisted housing programs. eit� thousand may comply with this section. } ed t, city which has adopted a housing code listed in 7. A city may adopt housing code provisions ,},al; 'section before January 1, 1981, is no longer sub- which are more stringent than those in the model I L (o chapter 413'. housing code it adopts or to which it is subject under "Every city with a population of fifteen thou- this section. [C24, 27,31,35, 39,§6327-6451;C46,50, 7, ' or more which has not adopted another housing 54,58,62,66,§413.1-413.125;C71,73,75,77,79,§413.1- under this section by January 1, 1981,is subject 413.11,413.13-413.125;68GA,ch 1126,§1] shall be considered to have adopted the uni- *Repealed by sscA,ch 1126,!a effective January 1,1981 het. ,, �• the CHAPTER 365 Uri CIVIL SERVICE j ed Transferred to ch 400 ty II ui 5. t.