HomeMy WebLinkAbout~Master - Adopting New Building Code and Withdrawing from State Building Code ORDINANCE NO. 3194
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE
CITY OF AMES, IOWA, BY REPEALING SECTIONS 5.1
THROUGH 5.64 THEREOF, AND ADOPTING NEW SECTIONS
5.101 THROUGH 5.401 FOR THE PURPOSE OF WITHDRAWING
FROM APPLICATION OF THE STATE BUILDING CODE, AF-
TER NOTICE AND HEARING PURSUANT TO SECTION 103A.12
CODE OF IOWA; ADOPTING THE UNIFORM BUILDING CODE,
1988 EDITION BY REFERENCE, AFTER NOTICE AND HEAR-
ING PURSUANT TO SECTION 380.10 CODE OF IOWA, WITH
REVISIONS, DELETIONS AND ADDITIONS; ADOPTING BY
REFERENCE THE HANDICAPPED ACCESS PROVISIONS OF
CHAPTER 104A CODE OF IOWA AND THE RULES PROMULGAT-
ED FROM TIME TO TIME BY THE STATE BUILDING CODE
COMMISSIONER PURSUANT TO SUBSECTION 103A.7(5) CODE
OF IOWA; ADOPTING, BY REFERENCE, THE ENERGY EFFI-
CIENCY REGULATIONS PROMULGATED BY THE STATE BUILD-
ING CODE COMMISSIONER PURSUANT TO SEC. 103A.8A,
CODE OF IOWA; ADOPTING BY REFERENCE THE FACTORY
BUILT STRUCTURES REGULATIONS OF SECTION 103A.9
CODE OF IOWA AND 661 IAC 16.900; PROVIDING A PENAL-
t
TY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, by enactment of Ordinance No. 2696 on January 16, 1979,
the City of Ames became subject to the State Building Code pursuant to
section 103A.12 Code of Iowa; and,
WHEREAS, it is now desired to withdraw from application of the State
Building Code and enact the Uniform Building Code, 1988 Edition, with
modifications, along with the state handicapped access regulations,
energy efficiency regulations and factory built structures regulations,
by reference; and,
WHEREAS, notice has been published and public hearings held as re-
quired by law.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City
of Ames, Iowa:
Section One. The Municipal Code of the City of Ames, Iowa shall be
and the same is hereby amended by repealing Sections 5.1 through 5.64
and enacting new Sections 5.101 through 5.401 as follows:
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f
"DIVISION I
Sec. 5.101. ADOPTION OF CODE.
The Uniform Building Code, 1988 Edition (herein called
UBC), as published by the International Conference of Build-
ing Officials, is hereby adopted and designated, together with
the additions, deletions and modifications hereinafter stated,
as the Building Code of the City. Copies of the UBC shall
be kept on file in the office of the City Clerk.
Sec. 5.102. APPLICATION TO EXISTING BUILDINGS &
STRUCTURES
Delete Section 104(c) UBC and insert in lieu thereof the
following:
(c) Existing Installations. Buildings in existence at the
time of the adoption of this code may have their existing
use or occupancy continued if such use or occupancy
was legal at the time of adoption of this code, provided
such continued use is not dangerous to life. Those
buildings in existence at the time of the adoption of
this code which were not legal may also have their use
continued except when such continued use will create a
potential hazard. If it is judged to be a potential
hazard, the problem will be corrected to comply with the
current code.
Buildings which have been granted retroactive conver-
sion permits shall be treated as buildings in existence whose
use or occupancy was legal at the time of adoption of this
code.
Sec. 5.103. ALTERNATE MATERIALS AND METHODS OF
CONSTRUCTION
Amend Section 105 UBC to provide as follows:
The provisions of this code are not intended to prevent
the use of any material or method of construction not
specifically prescribed by this code, provided any alter-
nate has been approved and its use authorized by the
building official.
The building official may approve any such alternate,
provided he finds that the proposed design is satisfacto-
ry and complies with the provisions of this code and that
the material, method or work offered is, for the purpose
intended, at least the equivalent of that prescribed in
this code in suitability, strength, effectiveness, fire
resistance, durability, safety and sanitation.
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The building official shall require that sufficient
evidence or proof be submitted to substantiate any claims
that may be made regarding its use. This evidence
considered, may include published supplements to the
Uniform Building Code dated 1988 or later. The details
of any action granting approval of an alternate shall be
recorded and entered in the files of the code enforcement
agency.
Sec. 5.104. BOARD OF APPEALS.
Delete Section 204 UBC and insert in lieu thereof the
following:
Board of Appeals Established, Appointment.
(1) There is hereby established a Board to be called the
Board of Appeals (herein called 'the Board') , which shall
consist of five (5) members. The Board shall be com-
posed of one architect, one consulting engineer, one
general contractor, one home builder and one member of
the construction business trade. Board Members shall
be appointed by the Mayor with the approval of the City
Council. This Board also shall act as the Mechanical
Code Appeals Board and the Fire Code Appeals Board.
The members of the Board shall serve without compensa-
tion. When acting as the Fire Code Appeals Board, the
Fire Chief may designate an individual knowledgeable in
fire safety to render professional advice to the Board on
matters related to the Fire Code.
(2) Term of Office. The term of office of such Board shall
be two (2) years; however, the City Council shall assign
numbers to each member appointed to the first Board
and the terms of those members who are assigned an odd
number shall end two years later and a term of those
members who are assigned an even number shall end two
years later. Vacancies shall be filed for any unexpired
term in the same manner as original, appointments. If a
member fails to regularly attend meetings, the member
may be removed by action of the City Council but only
after the member has been given reasonable notice that
his or her failure to regularly attend meetings may
subject the member to removal from the Board. Members
may only serve two consecutive terms.
(3) Quorum. A majority of the members of the Board shall
constitute a quorum for the transaction of business, and
an affirmative vote by a majority of all members of the
Board shall be required to vary the application of any
provision of this Code or to modify any order of the
Building Official. No Board member shall act in any case
in which he has a personal interest.
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(4) Records. A secretary shall make a record of all the
proceedings of the Board, which record shall set forth
the issues or requests submitted to the Board, the rea-
sons for the Board's Decisions, the vote of each mem-
ber, the absence of a member, and any failure of a
member to vote.
(5) Procedure. The Board may adopt such procedural rules
and regulations as are necessary to carry into effect the
provisions of this chapter.
(6) Appeals; Time Limits.
(a) Whenever the Building Official shall reject or
refuse to approve the mode or manner of construc-
tion proposed to be followed, or materials to be
used in the erection or alteration of a building or
structure, or when it is claimed that the provisions
of this Code do not apply, or that an equally good
or more desirable form of construction can be em-
ployed in any specific case, or when it is claimed
that the true intent and meaning of this Code or any
of the regulations thereunder have been miscon-
strued or wrongly interpreted, the owner of such
building or structure, or the authorized agent of
the owner, may appeal from the decision of the
Building Official to the Board. Notice of appeal
shall be made in writing and filed within ten (10)
days after the decision is rendered by the Building
Official. In case of delay, for good cause, an
extension of time to file may be granted by the
Building Official. An administrative fee shall
accompany such notice of appeal, which may be
made on a form provided by the Building Official.
The amount of such fee shall be as set by resolution
of the City Council.
(b) In case of a building or structure which, in the
opinion of the Building Official, is unsafe or
dangerous, the Building Official may, in his order,
limit the time for such appeal to a shorter period.
(c) Initiating work, or progressing with that portion of
work, which is the particular issue on appeal, or
progressing with work which would cover the mat-
ter on appeal, may void such appeal, and may re-
sult in the Building Official's order being affirmed
by the Board.
(7) Board Decisions; Scope of Authorill.
(a) The Board shall meet within thirty (30) days after
notice of appeal is filed. The Board shall conduct
a hearing in order to determine the suitability of
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alternative methods and materials of construction
and to provide for reasonable interpretations of
this code.
In considering alternative materials and methods of
construction, the Board may approve any alternate if
it finds that the proposed design is satisfactory
and that the material, method or work offered is,
for the purpose intended, at least the equivalent of
that prescribed in this code in quality, strength,
effectiveness, fire resistance, durability and
safety. Also, the Board shall require that suffi-
cient evidence or proof be submitted to substantiate
any claim that may be made regarding the use of
alternates. The Board shall have no authority to
waive the requirements of this code without first
providing for an alternate that meets the standards
of this section.
In considering interpretations of the Code, the
Board shall follow the intent, spirit and purpose of
the code. The Board shall have no authority rela-
tive to interpretation of the procedural provisions
of this chapter.
(b) A decision of the Board to vary the application of
any provision of this Code or to modify an order of
the Building Official shall specify in what manner
such variation or modification is made, the condi-
tions upon which it is made, and the reasons there-
for.
(8) Board Decisions; Procedure.
(a) Every decision of the Board shall be final, subject,
however, to the right that any aggrieved party may
have to judicial review. The decision shall be in
writing, promptly filed in the office of the Build-
ing Official, and shall be open to the public for
inspection. A true and correct copy of the decision
shall be promptly sent by mail or otherwise deliv-
ered to the appellant. Any copies shall be publicly
posted in the office of the Building Official for
two (2) weeks after the filing thereof.
(b) The Board shall reach a decision without unreason-
able or unnecessary delay.
(c) The Building Official shall take immediate action to
comply with the written decision of the Board.
(9) Code Amendments
(a) Authority - The Building Code Board of Appeals
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shall review and make recommendation on any and
all proposed changes to this code. Recommenda-
tions shall be forwarded to the City Council for
final action.
(b) Philosophy - It shall be the philosophy of the
City that the local code should follow as closely as
possible the national standards as established by
the Uniform Building Code.
(c) Procedure for Amendment
(i) Any proposed change to this chapter shall
be brought to the board of appeal for public
hearing and recommendation to the City Coun-
cil for final action.
(ii) Written notification of proposed changes
shall be given to individuals registered with
the City prior to the public hearing before
the board.
Sec. 5.105. REGISTRATION.
Delete Chapter 3 of the UBC and insert in lieu thereof
Sections 5.104, 5.105, 5.106, 5.107 and 5.108, set out as
follows:
(1) Registration Required. It shall be unlawful for any
person, firm, or corporation to erect, construct, en-
large, alter, repair, move, improve, remove, convert, or
demolish any building or structure in the City, or cause
the same to be done unless such person, firm, or corpo-
ration has. been validly registered with the City to
perform such work. Such person, firm or corporation
shall be herein termed Registrant. In extending the
rights and privileges of such registration, the City
makes no statement of the technical competency of those
so registered.
(2) Information to be Provided: An applicant for registra-
tion under this section shall provide to the Building
Official the following information:
(a) The complete name, complete mailing address, street
address and telephone number of the firm or corpo-
ration.
(b) The name, position and private mailing address of a
manager or general agent of the firm or of each
officer of a corporation and the registered agent
for service of legal process on the corporation.
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(c) The name, position and private mailing address of a
person who is authorized to bind the firm in legal
agreements.
(d) If the registration is to be as an individual only,
the name and mailing address, street address and
telephone number of the individual.
(e) The State Division of Labor registration number.
(f) Other pertinent information deemed necessary by
the Building Official.
Every Registrant shall provide accurate information on
the registration application. Any changes in that infor-
mation shall be reported to the office of the Building
Official within ten (10) days from the date the informa-
tion previously supplied has become inaccurate for any
reason.
(3) Insurance Required. Every Registrant shall carry Con-
tractor's Commercial General Liability insurance in not
less than $500,000.00 combined single limit, and shall
provide proof of coverage to the Building Official before
registration.
(a) State Registration - proof of state registration is
required at the time of registration with the City.
(4) Building Official Shall Respond. Upon receipt of an
application for registration, the Building Official shall
act promptly to issue the registration or to declare why
the registration should not be issued. The Building
Official shall so respond not later than two weeks fol-
lowing receipt of the application.
(5) Expiration and Renewal of Registration. Registration
shall expire annually on January 1, and may be reacti-
vated so long as the registration information remains
accurate and proof of continued liability coverage is
submitted.
(6) Transfer of Registration Prohibited. No Registrant shall
allow his/her registration, by name or other identifica-
tion, to be transferred, assigned, or used in any man-
ner directly or indirectly, or for any purpose, by any
person, firm or corporation, other than the one to whom
it was issued by the Building Official.
(7) Registration Suspended. The Building Code Board of
Appeals shall have the authority to suspend any registra-
tion issued under this section for any of the following
acts by the Registrant:
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(a) Continued work after the issuance of a Stop Order.
(b) Initiating work in violation of the Board's decision
or prior to the Board's decision.
(c) Causing or permitting the unauthorized or prohibited
use of a valid registration, by Registrant or anoth-
er, such as to allow the rights and privileges of
registration to be applied to one not duly regis-
tered.
(d) Judgment entry of two (2) violations of any of the
provisions of the Building Code committed within a
period of twelve (12) consecutive months.
Such suspension of registration shall be for a time not
to exceed six (6) months. After expiration of such
period of time as the Board shall have designated, and
after payment of any outstanding penalties, costs, fees
and completion of proof of compliance, and routine renew-
al fee, if it has become due in the interim, the suspend-
ed registration shall again become valid and effective.
(8) Registration Revoked. The Building Code Board of
Appeals shall have the authority to revoke any registra-
tion issued under this section for:
(a) Judgment entry of a violation constituting the
practice of any fraud or deceit in securing a regis-
tration for Registrant or another; or, fraud or
deceit in securing a permit.
(b) Judgment entry of three (3) violations of the Build-
ing Code committed within a period of twelve (12)
consecutive months.
Such revocation of registration by the Board shall be
full and final cancellation of such registration, made
effective on the date of the Board's decision. Any
Registrant so judged by the Board shall not be allowed in
the future to be registered again in the city.
(9) Suspension or Revocation Hearing. In considering allega-
tions under this section regarding suspension or revoca-
tion of a registration, the Board of Appeals shall pro-
ceed upon sworn information furnished it by an official
of the City, or by any person. Such information shall be
in writing and shall be duly verified by the person
familiar with the allegations made. The Board shall
issue an order setting the matter for hearing at a speci-
fied time and place, and the Secretary of the Board, with
the advice of the City Attorney, shall cause a copy of
the Board's order, and of the allegations, to be served
upon the Registrant either by registered mail or person-
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ally, at least fifteen (15) days before the date set for
the hearing. The Registrant may appear in person or
by counsel at the time and place named in the order and
present a defense to the Board. The City Attorney
shall provide counsel for the Board. If the Registrant
fails or refuses to appear, the Board may nevertheless
proceed to hear and determine the charge.
(10) Exemption for Homeowner. No such registration proce-
dure shall be required for alteration or repair work to
be performed on a residential structure when the person
performing the alteration or repair work is the owner of
the structure, and has his legal residence there. The
homeowner shall be automatically termed a Registrant for
the purposes of such a project. Notwithstanding such
relief from registration, all requirements for permits
for the work shall remain in force.
Sec. 5.106. PERMITS.
(1) Permits Required. It shall be unlawful for any person to
erect, construct, enlarge, alter, repair, move, improve,
remove, convert, or demolish any building or structure in
the City, or cause the same to be done, without first
obtaining a separate building permit for same from the
Building Official.
Exempted Work. A building permit shall not be required
for the following:
(a) One-story detached accessory buildings used as tool
and storage sheds, playhouses and similar uses,
provided the projected roof area does not exceed 120
square feet.
(b) Fences not over six (6) feet high.
(c) Oil derricks.
(d) Movable cases, counters and partitions not over 5
feet 9 inches high.
(e) Retaining walls which are not over 4 feet in height
measured from the bottom of the footing to the top
of the wall, unless supporting a surcharge or im-
pounding Class I, II or III-A liquids.
(f) Water tanks supported directly upon grade if the
capacity does not exceed 5000 gallons and the ratio
of height to diameter or width does not exceed two
to one.
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(g) Platforms, walks and driveways not more than 12
inches above grade and not over any basement or
story below.
(h) Painting, papering and similar finish work.
(i) Temporary motion picture, television and theater
stage sets and scenery.
(j) Windows awnings supported by an exterior wall of
Group R, Division 3, and Group M Occupancies
when projecting not more than 54 inches.
(k) Prefabricated swimming pools accessory to a Group
R, Division 3 Occupancy in which the pool walls are
entirely above the adjacent grade and if the capaci-
ty does not exceed 5000 gallons.
(1) A motor vehicle parking spaces at a single or two
family dwelling.
(m) The exteriors of buildings, such as roof covering
replacement, siding, doors, windows and
miscellaneous maintenance items.
(n) Repair - the reconstruction or renewal of any
part of an existing building for the purpose of its
maintenance.
Separate plumbing, electrical and mechanical permits will
be required for the above exempted items, unless other-
wise exempted by the provisions of the plumbing, me-
chanical or electrical code.
Exemption from the permit requirements of this code shall
not be deemed to grant authorization for any work to be
done in any manner in violation of the provisions of this
code or any other laws or ordinances of this jurisdic-
tion.
(2) Application for Permit. A permit shall be issued only to
a Registrant as provided above, and only after the re-
quirements defined in this Section have been accom-
plished. To obtain a permit, the applicant shall first
file an application therefore in writing on a form fur-
nished for that purpose. Every such application shall:
(a) Identify and describe the work to be covered by
the permit for which application is made.
(b) Describe the land on which the proposed work is to
be done, by lot, block, tract, and house and street
address, or similar description that will readily
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identify and definitely locate the proposed building
or work.
(c) Indicate the use or occupancy for which the pro-
posed work is intended.
(d) Be accompanied by plans and specifications as re-
quired in Section 5.105(3) of this Code.
(e) State the valuation of the proposed work.
(f) Be signed by the applicant (Registrant) , or his
authorized agent, who may be required to submit
evidence to indicate such authority.
(g) Give such other technical information and data about
the project as reasonably may be required by the
Building Official.
(3) Plans and Specifications.
(a) With each application for a building permit as
required by the Building Official for enforcement of
any provisions of the Code, two (2) sets of plans
and specifications shall be submitted. Included in
the plans shall be a site plan with minimum scale of
one inch equals twenty feet. Plans for one and
two-family dwellings and garages need not be pre-
pared by an architect or engineer unless specifical-
ly requested by the Building Official and need not
include plans for electrical, mechanical and plumb-
ing. Plans for all other structures shall include
electrical, mechanical and plumbing plans, and shall
be prepared and stamped by an architect or engi-
neer registered to practice in the State of Iowa.
The Building Official may waive the requirements for
engineer or architecturally approved plans for the
following building types
(i) Detached residential buildings containing
twelve or fewer family dwelling units of not
more than three stories and outbuildings in
connection with the buildings.
(ii) Buildings used primarily for agriculture pur-
poses including grain elevators and feed mills.
(iii) Nonstructural alterations to existing
buildings which do not change the use of a
building.
(iv) Warehouses and commercial buildings not more
than one story in height, and not exceeding
ten thousand square feet in gross floor area;
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commercial buildings no more than two stories
in height and not exceeding six thousand
square feet in gross floor area and light
industrial buildings.
(b) Plans and specifications shall be drawn to scale
upon substantial material or cloth and shall be of
sufficient clarity to indicate the nature and extent
of the work proposed, and shall include that level
of detail necessary to demonstrate that the plans
and specifications conform to the provisions of this
Code and all relevant .laws, ordinances, rules and
regulations. The first sheet of each set of plans
shall give the house and street address of the work
and the name and address of the owner and person
who prepared them. Plans shall include a plot plan
showing the location of the proposed building and of
every existing building on the property. In lieu of
detailed specifications, the Building official may
approve references on the plans to a specific sec-
tion or part of this Code or other ordinances or
laws.
(c) Computations, stress diagrams, and other data
sufficient to show the correctness of the plans
shall be submitted when required by the Building
Official. Plans for buildings more than two (2)
stories in height of other than Group R-3 and M
Occupancies shall indicate how required structural
and fire-restrictive integrity will be maintained
where a penetration will be made for electrical,
mechanical, plumbing, and communications conduits
and pipes, and similar systems.
(4) Building Permits Issued.
(a) The application, plans, and specifications filed by
an applicant for a permit shall be reviewed by the
Building Official. Such plans may be reviewed by
other departments of the City to check compliance
with the laws and ordinances under their jurisdic-
tion. If the Building Official finds that the work
described in an application for permit and the plans
filed therewith conforms to the requirements of the
Code and other pertinent laws and ordinances, the
building official may issue a permit therefore to
the applicant; however, except by specific approval
of the Municipal Engineer, a permit shall not be
issued in a development where the construction of
streets, drainage, water, sewer and other such
facilities have not been accepted by the City, or
completed to the satisfaction of the Municipal
Engineer.
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(b) When the Building Official issues the permit, all
affected inspectors shall endorse in writing or
stamp on both sets of plans and specifications
"Approved". Such approved plans and specifica-
tions shall not be changed, modified, or altered
without authorization from the Building Official,
and all work shall be done in accordance with the
plans. One set of plans, specifications, and compu-
tations shall be retained by the City of Ames. The
Building Official shall return the other stamped set
prior to the first required inspection. The ap-
proved plan shall be made available on the job site
by the permit holder during all construction.
The Building Official may issue a permit for the
construction of part of a building or structure
before the entire plans and specifications for the
whole building or structure have been submitted or
approved, provided adequate information and de-
tailed statements have been filed complying with all
pertinent requirements of this Code. The holder of
such permit shall proceed at his own risk without
assurance that the final permit for the entire
huildinLT or structure will be granted.
(5) Validity of Permit,
i
--'�3s-ia,9—noa of a permit or approval of plans and speci-
fications shall not be construed to be a permit for or
approval of any violation of any of the provisions of
this Code. No permit appearing to give authority to
violate or cancel the provisions of this Code shall be
valid, except insofar as the work or use which it author-
izes is lawful.
The issuance of a permit based upon plans and specifica-
tions shall not prevent the Building Official from there-
after requiring the correction of errors in said plans
and specifications or from preventing building operations
being carried on thereunder when in violation of this
Code or of any other ordinance of the City.
(6) Expiration of Permit.
Every permit issued by the Building Official under the
provisions of this Code shall expire by limitation of
time and become null and void if the building or work
authorized by such permit is not commenced within 180
days from the date of such permit or if the building or
work authorized by such permit is suspended or discon-
tinued for a period of 180 days at any time after the
work is commenced. Before such work can be recom-
menced, a new permit shall be first obtained so to do,
and the fee therefore shall be one-half the amount re-
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i
quired for a new permit for such work, provided no
changes have been made or will be made in the original
plans and specifications for such work; and provided
further that such suspension or abandonment has not
exceeded one year.
(7) Suspension or Revocation of Permit.
The Building Official may, in writing, suspend or revoke
a permit issued under provisions of this Code whenever
the permit is issued in error or on the basis of incor-
rect information supplied, or in violation of any ordi-
nance or regulation or any of the provisions of this Code
or of any other ordinance of the City. The Building
Official may deny building inspections or new permits to
a contractor whose credit account with the City of Ames
is in excess of 30. days overdue..
Sec. 5.107. FEES.
(1) Building Permit Fees. A fee structure shall be estab-
lished by Resolution of the City Council and shall be
charged accordingly.
(2) Expiration of Application and Plan Review.
An application for which no permit is issued within one
hundred eighty (180) days following the date of applica-
tion may be voided due to limitation of time, and plans
submitted for review may thereafter be returned to the
applicant or destroyed by the Building Official. The
Building Official may extend the time for action one
hundred eighty (180) days on the application due to
circumstances beyond the control of the applicant which
have prevented action from being taken. An expired
application may only be reactivated by the filing of a
new application, including plans and fees. Fees paid
prior to expiration, in excess of the plan review fee,
may be refunded by the Building Official, on receiving
the applicant's written request not later than ninety
(90) days after expiration. An applicant's written
request for voluntary withdrawal of the application shall
be deemed to be expiration of the application.
(3) Refunds.
There shall be no refund of building permit fees except:
(a) When the permit has been issued and no part of the
work has commenced, the refund shall be reduced
by the amount of the plan review fee.
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(b) When permit has been issued and part of work has
commenced, the fee may be refunded on a propor-
tional basis.
(c) When the permit has been issued through error on
the part of the City, and it is found that the work
applied for cannot be allowed (the refund shall be
made in full) .
(d) When an error has been made in fee calculation.
Sec. 5.108. INSPECTIONS.
(1) General. All construction or work for which a permit is
required shall be subject to inspection by the Building
Official, and certain types of construction may have
continuous inspection by special inspectors, as specified
in Subsection 5.106(6) .
A survey of the lot may be required by the Building
Official to verify compliance of the structure with
approved plans. It shall be the duty of the permittee to
cause the work to be accessible and exposed for inspec-
tion purposes.
(2) Approvals Required. No work shall be done on any part
of the building or structure beyond the point indicated
in each successive inspection without first obtaining the
written approval of the Building Official. Such written
approval shall be given only after an inspection shall
have been made of each successive step in the construc-
tion as indicated by each of the Required Inspections. A
yellow "approved tag", usually placed near the front
entrance, shall constitute written approval.
There shall be a final inspection and approval, prior to
occupancy, on all buildings when completed and ready
for occupancy.
(3) Required Inspections. Reinforcing steel or structural
framework of any part of any building or structure shall
not be covered or concealed without first obtaining the
approval of the Building Official.
The Building Official, upon notification from the permit
holder or his agent, shall make the following inspections
and shall either approve that portion of the construction
as completed or shall notify the permit holder or his
agent wherein the same fails to comply with this Code.
(a) Foundation Inspection. To be made after trenches
are excavated and forms erected and when all ma-
terials for the foundation are delivered on the job.
Where concrete from a central mixing plant (common-
15 9-8-92
ly termed "transit mixed") is to be used, materials
need not be on the job.
(b) Frame Inspection. To be made after the roof, all
framing, fire-blocking, and bracing are in place and
all pipes, chimneys, and vents are complete, and
electrical, plumbing and mechanical rough inspec-
tions have been made.
(c) Final Inspection. To be made after building is
completed and ready for occupancy. Plumbing,
mechanical and electrical finals will be called
prior to or in conjunction with a final inspection.
(4) Other Inspections. In addition to the called inspections
specified above, the Building Official may make or re-
quire any other inspections of any construction work to
ascertain compliance with the provisions of this Code and
other laws which are enforced by the City.
For the purpose of determining continued compliance
with this Code, the Building Official may cause any
structure to be reinspected.
(5) Reinspections. A reinspection fee may be assessed for
each inspection or reinspection when such portion of work
for which inspection is called is not complete, or when
corrections called for are not made, or for failure to
provide access on the date for which inspection is re-
quested.
This subsection is not to be interpreted as requiring
reinspection fees the first time a job is rejected for
failure to comply with the requirements of this code, but
as controlling the practice of calling for inspections
before the job is ready for such inspection or reinspec-
tion. Reinspection fees shall be paid in accordance with
fees established by City Council. In instances where
reinspection fees have been assessed, no additional
inspection of the work shall be performed until the
required fees have been paid.
(6) Special Inspections.
(a) General. In addition to the inspections to be made
as specified in subsections 5.107(3) and (4) , the
Building Official may require the owner or his agent
to employ a special inspector who shall be present
at all times during construction on the following
types of work:
(i) Concrete. On concrete work when the struc-
tural design is based on fl_ in excess of 2000
pounds.
16 9-8-92
(ii) Masonry. Masonry work shall have special
inspection when required in Chapter 24 UBC.
(iii) Welding. On all structural welding.
(iv) Reinforced Gypsum Concrete. When cast-in-
place Class "B" reinforced gypsum concrete is
being mixed or deposited.
(v) Special Cases. On special construction or work
involving unusual hazards or requiring constant
inspection.
Exception. The Building Official may waive the require-
ment for the employment of a special inspector if he
finds that the construction or work is such that no
unusual hazard exists.
(b) Special Inspector. The special inspector shall be a
qualified person approved by the Building Official.
The special inspector shall furnish continuous
inspection on the construction work requiring his
employment. He shall report to the Building Offi-
cial in writing, noting all Code violations and
other information as required.
(c) Periodic Special Inspection. Inspections as de-
scribed in this section may be made on a periodic
rather than continual basis, provided the periodic
schedule is specified and approved by the Building
Official.
Sec. 5.109. CERTIFICATION OF OCCUPANCY/ZONING
PERMIT.
(1) Use or Occupancy. No premises or building or struc-
ture classified under the UBC in Groups R-1, A, B, E,
H, and I inclusive shall be used or occupied, and no
change in the existing occupancy classification of a
premises or building or structure or portion thereof
shall be made until the Building Official has issued a
Certificate of Occupancy/Zoning Permit therefore as pro-
vided herein.
(2) Change in Use. Changes in the character of use of a
building shall not be made except as specified in Section
502 UBC.
(3) Certificate Issued. After final inspection when it is
found that the premises and building or structure com-
plies with the provisions of this Code and with other
pertinent ordinances of this jurisdiction, the Building
17 9-8-92
Official shall issue a Certificate of Occupancy which
shall contain the following:
(a) The address of the building.
(b) The name and address of the owner.
(c) A description of that portion of the building for
which the certificate is issued.
(d) The name of the Building Official.
(e) The zoning district in which the use is located.
(4) Temporary Certificate. A temporary Certificate of Occu-
pancy may be issued by the Building Official for the use
of a portion or portions of a building or structure prior
to the completion of the entire building or structure, if
the Building Official finds that no substantial hazard
will result.
(5) Revocation. The building official may, in writing,
suspend or revoke a Certificate of Occupancy issued
under the provisions of this code whenever the certifi-
cate is issued in error, or on the basis of incorrect
information supplied, or when it is determined that the
building or structure or portion thereof is in violation
of any ordinance or regulation or any of the provisions
thereof is in violation of any ordinance or regulation or
any of the provisions of this code.
Sec. 5.110. HANDICAP REQUIREMENTS.
Amend Sec. 511 of UBC by adding subparagraph (e) as fol-
lows:
Sec. 511(e) . The accessibility rules and regulations for the
physically handicapped as set forth in Division VII of the
Iowa State Building Code, set out in Part 661, Section
16.700(103A)-16.799 inclusive except for table 705B-Schedule
of Fees for Handicapped Review and Compliance, are hereby
adopted as a part of this code and by this reference are
made applicable as if set out fully herein.
See also Sec. 5.115, 5.122 and 5.123 of this Chapter.
Sec. 5.111. EXITS AND EMERGENCY ESCAPES.
Delete the second paragraph of Sec. 1204 and insert in lieu
thereof the following:
(1) Every sleeping room below the fourth story, and dwell-
ing unit basements which have habitable rooms, shall
18 9-8-92
have at least one operable window or door approved for
emergency escape or rescue which shall open directly
onto a public street, public alley, yard or exit court.
The units shall be operable from the inside to provide a
full, clear opening without use of separate tools.
(2) As it is the purpose and policy of the City to correct
those existing uses which are dangerous to life and
judged to be potential hazards, every sleeping room in a
basement shall have at least one operable window or door
approved for emergency escape or rescue which shall
open directly onto a public street, public alley, yard or
exit court. The units shall be operable from the inside
to provide a full, clear opening without use of separate
tools.
EXCEPTION: Only those dwelling units which were granted a
retroactive conversion permit that provided for an exception
to this provision for certain rooms shall not be required to
install operable windows or doors for emergency escape or
rescue in those rooms.
Sec. 5.112. HABITATION OF BASEMENTS.
Section 1205(a) of the UBC is amended by adding these sec-
tions:
(1) Basements within single family dwellings may be converted
to habitable space without meeting the light and ventila-
tion requirements of Section 1205(a) UBC if sufficient
artificial light and ventilation are provided. (For
guidelines, see requirements for B-2 use.) This section
only applies to structures constructed prior to April 1,
1993.
(2) Basements within single family structures built after
April 1, 1993 may reduce the window requirement to 5 0
window glazing.
See also Sec. 5.114 of this chapter.
Sec. 5.113. WINDOWS ENCLOSED.
The exception to Section 1205(a) UBC is amended by adding
the following unnumbered paragraph:
This EXCEPTION (to subsection 1205(a) UBC) notwithstand-
ing, window area required by code may open into an enclosed
porch if that enclosed porch has its required window area plus
a window area equal to the window area enclosed by adding
the porch.
19 9-8-92
Sec. 5.114. HABITATION OF BASEMENTS.
Section 1207(a) of the UBC is amended by adding:
Exception: Basements within single family dwellings con-
structed prior to April 1, 1993 may be converted to habitable
space without meeting the ceiling height requirements of
Section 1207(a) UBC if the ceiling is not less than seven feet
in height, not counting ductwork which does not exceed 25 0
of a room. However, the building official may grant addition-
al relief given the addition of increased fire safety fea-
tures, including, but not limited to, increased fire rating of
materials, proximity of egress windows, fire and smoke detec-
tion.
See also See. 5.112 of this chapter
Sec. 5.115. HANDICAP REQUIREMENTS.
Delete Sec. 1214 UBC and insert in lieu thereof the following:
Sec. 1214. Buildings containing 4 or more individual dwelling
units and all hotels and motels shall comply with the require-
ments of Division VII of the "State of Iowa Building Code", as
promulgated and set out in Part 661, Section 16.700(103A --
16.700, inclusive, Iowa Administrative Code.
See also Sec. 5.110, 5.122 and 5.123 of this Chapter.
Sec. 5.116. PARAPETS.
Section 1709(a) UBC is amended by adding:
The provisions of Section 1709(a) UBC shall not apply to
walls of residential occupancies where there are no roof
openings within five feet of the wall and the roof is covered
by 5/8 inch type X sheetrock on the underside of the roof
within five feet of the said wall.
Sec. 5.117 SPRINKLERS
Delete Section 1807(a) UBC and insert in lieu thereof the
following:
(1) The provision of Subsection 1807(a) UBC is modified to
provide as follows:
Section 1807(a) Scope. This section shall apply to all
Group B, Division 2 office buildings and Group R, Divi-
sion 1 occupancies, located in buildings which are more
than four stories or forty feet in height above the
lowest level of fire department vehicle access, or of
greater height than the ladder capability of the local
fire department from the lowest level of fire department
20 9-8-92
vehicle access. Such buildings shall be provided with an
approved automatic sprinkler system in accordance with
Section 1807(c) .
See also Sec. 5.125 of this chapter.
Sec. 5.118. ELEVATORS
Amend the first paragraph of Subsection 1807(h) to read as
follows:
(h) Elevators. Elevators and elevator shall comply with the
provisions promulgated by the Iowa State Labor Commissioner
and of Chapter 51, UBC, and the following:
Sec. 5.119. FOUNDATION WALLS.
In addition to the provisions of Sec. 2308 UBC, founda-
tion walls shall meet the following requirements:
(1) Foundation Walls. Notwithstanding other design require-
ments of chapter 24, 26., 29 UBC, foundation walls for
Group R, Division 3, occupancies of Type V construction
may be constructed in accordance with the following
provisions, provided the application, or building site
conditions affecting such walls are within the limitation
specified herein.
(a) The maximum height of the foundation wall shall be
no more than ten (10) feet measured between the
foundation plate and a concrete floor slab having a
minimum thickness of three and one-half inches. If
such floor slab is not provided, a specially de-
signed means of providing lateral support at the
bottom of the wall shall be required.
(b) The foundation plate shall be attached to the wall
as prescribed in Section 2907(f) .
(c) Material used for back filling shall be carefully
placed granular soil of average or high permeability
except the top two feet may be an impervious type
material and shall be drained with an approved
drainage system. The wood and earth separation
requirements of Section 2516, subsection (c)7, shall
be observed at all times.
(d) Where soils containing a high percentage of clay,
fine silt or similar material of low permeability or
expansive soils are encountered or where back fill
materials are not drained or an unusually high
surcharge is to be placed adjacent to the wall, a
specially designed wall shall be required.
21 9-8-92
(2) Hollow Concrete Masonry Foundation Walls.
(a) Hollow concrete masonry units shall be set in Type
M or Type S mortar.
(b) All footings shall be of cast-in-place concrete
having a minimum compressive strength of 2,500
pounds per square inch at 28 days, and shall be
reinforced longitudinally with not less than a
half-inch steel bar for one story construction, or
two half-inch 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.
(c) Masonry foundation walls having a nominal thickness
of not less than 12 inches may be unreinforced.
Other masonry foundation walls shall comply with the
following requirements:
(i) The nominal thickness of concrete masonry
units shall not be less than eight inches.
(h) 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
said wall in the amount of 0.075 square inches
of ASTM A615 grade 40 or better steel, per
lineal foot of wall. All reinforcing steel
shall be deformed bars spaced no more than
eight feet on center. All grout shall comply
with Section 2403(d) .
(3) Cast-in-place plain concrete foundation walls. Cast-in-
place walls constructed under the provisions of this
subsection shall be concrete having a minimum compres-
sive strength of twenty-eight days of not less than 3,000
pounds per square inch. All materials proportioning and
placing shall conform to the requirements of chapter 26
UBC. In addition, the following shall apply:
(a) The minimum thickness of wall shall be seven and
one-half inches.
(b) Walls shall be reinforced with no less than three
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
mid-height of the wall. Reinforcing bars and meth-
ods of placement shall be in accordance with Chapter
26 UBC.
22 9-8-92
Sec. 5.120. FOOTINGS.
Amend the provisions of Section 2907 of the UBC as
follows:
1. To Section 2907(a) add this sentence:
For reference, see the illustration herein, labelled
Figure 2907(a) .
2. Revise Exception 1 of Subsection 2907(b) UBC to
read as follows:
Exception: 1. A detached one-story wood or metal
frame building not used for human occupancy and not
over 720 square feet in floor area may be constructed
with walls supported on a wood foundation plate when
approved by the building official or administrative
authority having jurisdiction.
Sec. 5.121. FOUNDATION, STUD BEARING WALLS.
Delete Table 29-A UBC and insert in lieu thereof the
following:
Number of Thickness of Minimum Thickness Minimum Depth
Floors Foundation Walls Width of Footing of Foundation
Supported (inches) Footing (inches) Below Natural
by the Unit (inches) Surface of
Foundation* Concrete Masonry Ground or
Finish Grade
(Whichever is
Lower)(inches)
1 8 8 16 8 42
2 8 8 16 8 42
3 10 12 18 12 42
*Foundations may support a roof in addition to the stipulated number of
floors. Foundations supporting roofs only shall be as required for
supporting one floor.
23 9-8-92
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Sec. 5.122. HANDICAP REQUIREMENTS.
Delete the right hand column of Table 33A "Access by means of a ramp
or an elevator must be provided for the physically handicapped as indi-
cated." In lieu thereof the Handicapped Accessibility rules and regula-
tions as set forth in Division VII of the Iowa State Building Code, set
out in Part 661, Section 16.700(103A) - 16.705 inclusive shall apply.
(See Table 705A, State Building Code, 666-16.705A Iowa Administrative
Code. )
See also Sec. 5.110, 5.115 and 5.123 of this Chapter.
Sec. 5.123. HANDICAP ACCESSIBILITY.
Delete Section 3301(e) UBC and insert in lieu thereof the following:
(B) Building Accessibility. This shall be as required by Sec. 5.109 of
this chapter.
See also Sec. 5.110, 5.115 and 5.122 of this Chapter.
Sec. 5.124. STAIRWAY HANDRAIL HEIGHT.
Amend the provisions of the second unnumbered paragraph of Section
3306(j) UBC as follows:
The top of stairway handrails shall be not less than 30 inches nor more
than 38 inches above the nosing of treads.
Sec. 5.125. FIRE SPRINKLERS.
Add an exception 3 to Sec. 3801(d) of the UBC to read as follows:
3. Automatic sprinklers required by section 3802(h) may comply with
NFPA 13R 1989 ed. as published by National Fire Protection Associa-
tion, Batterymarch Pak, Quincy, Ma. 02169.
See also Sec. 5.117 of this chapter.
Sec. 5.126. FIRE MARSHALL'S RULES.
Section 3802 of the UBC is amended by adding a section 3802(i) :
Sec. 3802(i) rules promulgated by the State Fire Marshall's office may
also apply.
Sec. 5.127. FIRE MARSHALL'S RULES.
Add a new section 3808 to Chapter 38 of the UBC to read as follows:
3808. Fire Extinguishers. The rules of the State Fire Marshall which
require the installation of approved type fire extinguishers and which
have been promulgated under the authority of Iowa Code Section 100.35
as set out at Iowa Administrative Code 661-Chapter 5, are hereby adopt-
25 9-8-92
ed as a part of this ordinance and by this reference are made applicable
as if set out fully herein.
Sec. 5.128. ELEVATORS.
Add a paragraph to section 5101 to read as follows:
The rules of the Iowa Division of Labor Services shall also apply.
Sec. 5.129. FACTORY BUILT STRUCTURES.
The State of Iowa regulations pertaining to the manufacture and
installation of factory built structures promulgated as Section 103A.9
Code of Iowa, 1989, and Part 661, Sections 16.610(1) -- 16.699 inclu-
sive, Iowa Administrative Code, are by this reference adopted as part of
the City of Ames Building Code to be applied and enforced as such.
Sec. 5.130. PORTIONS OF UBC APPENDIX DELETED.
. UBC Appendix Chapters 11, 23-1, 26, 32 except 3209 and 3210, 35
and 49 are adopted and made a part of this code. All other appendix
chapters are deleted.
Sec. 5.131. ABATEMENT OF DANGEROUS BUILDINGS
(1) Dangerous Building Defined. For the purpose of this code, any
building or structure which has any or all of the conditions or
defects hereinafter described shall be deemed to be a dangerous
building; provided that such conditions or defects exist to the
extent that the life, health, property or safety of the public or
its occupants are endangered:
(A) Whenever any door, aisle, passageway, stairway or other
means of exit is not of sufficient width or size or is not so
arranged as to provide safe and adequate means of exit in
case of fire or panic.
(B) Whenever the walking surface of any aisle, passageway, stair-
way or other means of exit is so warped, worn, loose, torn
or otherwise unsafe as to not provide safe and adequate
means of exit in case of fire or panic.
(C) Whenever the stress in any materials, member or portion there-
of, due to all dead and live loads, is more than one and one
half times the working stress or stresses allowed in the
Building Code for new buildings of similar structure, purpose
or location.
(D) whenever any portion thereof has been damaged by fire, earth-
quake, wind, flood or by any other cause, to such an extent
that the structural strength or stability thereof is material-
ly less than it was before such catastrophe and is less than
the minimum requirements of the Building Code for new build-
ings of similar structure, purpose or location.
26 9-8-92
(E) Whenever any portion or member or appurtenance thereof is
likely to fail, or to become detached or dislodged, or to
collapse and thereby injure persons or damage property.
(F) Whenever any portion of a building, or any member, appurte-
nance or ornamentation on the exterior thereof is not of
sufficient strength or stability, or is not so anchored,
attached or fastened in place so as to be capable of resisting
a wind pressure of one half of that specified in the Building
Code for new buildings of similar structure, purpose or loca-
tion without exceeding the working stresses permitted in the
Building Code for such buildings.
(G) Whenever any portion thereof has wracked, warped, buckled
or settled to such an extent that walls or other structural
portions have materially less resistance to winds or earth-
quakes than is required in the case of similar new construc-
tion.
(H) Whenever the building or structure, or any portion thereof,
because of (i) dilapidation, deterioration or decay; (ii)
faulty construction; (iii) the removal, movement or instabili-
ty of any portion of the ground necessary for the purpose of
supporting such building; (iv) the deterioration, decay or
inadequacy of its foundation; or (v) any other cause, is
likely to partially or completely collapse.
(I) Whenever, for any reason, the building or structure, or any
portion thereof, is manifestly unsafe for the purpose for
which it is being used.
(J) Whenever the exterior walls or other vertical structural
members list, lean or buckle to such an extent that a plumb
line passing through the center of gravity does not fall
inside the middle one third of the base.
(K) Whenever the building or structure, exclusive of the founda-
tion, shows 33 percent or more damage or deterioration of its
supporting member or members, or 50 percent damage or
deterioration of its nonsupporting members, enclosing or
outside walls or coverings.
(L) Whenever the building or structure has been so damaged by
fire, wind, earthquake or flood, or has become so dilapidated
or deteriorated as to become (i) an attractive nuisance to
children; (ii) a harbor for vagrants, criminals or immoral
persons; or as to (iii) enable persons to resort thereto for
the purpose of committing unlawful or immoral acts.
(M) Whenever any building or structure has been constructed,
exists or is maintained in violation of any specific require-
ment or prohibition applicable to such building or structure
provided by the building regulations of this city, as speci-
fied in the Building Code or Housing Code, or of any law or
27 9-8-92
ordinance of this state or city relating to the condition,
location or structure of buildings.
(N) Whenever any building or structure which, whether or not
erected in accordance with all applicable laws and ordinances,
has in any nonsupporting part, member or portion less than
50 percent, or in any supporting part, member or portion
less than 66 percent of the (i) strength, (ii) fire-resisting
qualities or characteristics, or (iii) weather-resisting
qualities or characteristics required by law in the case of a
newly constructed building of like area, height and occupancy
in the same location.
(0) Whenever a building or structure, used or intended to be
used for dwelling purposes, because of inadequate mainte-
nance, dilapidation, decay, damage, faulty construction or
arrangement, inadequate light, air or sanitation facilities,
or otherwise, is determined by the health officer to be unsan-
itary, unfit for human habitation or in such a condition that
is likely to cause sickness or disease.
(P) Whenever any building or structure, because of obsolescence,
dilapidated condition, deterioration, damage, inadequate
exits, lack of sufficient fire-resistive construction, faulty
electric wiring, gas connections or heating apparatus, or
other cause, is determined by the fire marshal to be a fire
hazard.
(Q) Whenever any building or structure is in such a condition as
to constitute a public nuisance known to the common law or in
equity jurisprudence.
(R) Whenever any portion of a building or structure remains on a
site after the demolition or destruction of the building or
structure or whenever any building or structure is abandoned
for a period in excess of six months so as to constitute such
building or portion thereof an attractive nuisance or hazard
to the public.
(2) Enf orcement.
(A) Administration. The Building Official, City Sanitarian, Fire
Inspector, or their designees are authorized to conduct in-
spections and take any other actions to carry out and enforce
the provisions of this chapter relating to dangerous build-
ings.
(B) Abatement. All buildings or portions thereof which are, on
inspection, determined to be dangerous, as provided in sub-
section (1) , above, are hereby declared to be public nuisances
and shall be abated by repair, rehabilitation, vaca-
tion/securing against entry, demotion or removal in accordance
with procedures set forth herein.
28 9-8-92
(C) Notice and Order. When the Building Official or other inspec-
tor has determined that a building is dangerous, the Building
Official shall give a notice of that determination and order
of abatement directed to the owner of record, by certified
mail, and shall post a copy of the notice conspicuously on the
property.
(i) Contents of Abatement Order. The order shall identify
the problems found and set forth a plan of abatement for
the dangerous building. The Building Official may in-
clude in the plan the requirement that the owner furnish
to the Building Official an engineering report, structur-
al study or other professionally credentialed evidence
for the purpose of determining an appropriate plan of
abatement.
The order shall set a date for commencement and comple-
tion of the plan.
(D) Failure to Obey Abatement Order. If any order of the Build-
ing Official has not been complied with, the building official
may cause the person to be prosecuted or institute actions to
abate the building as a public nuisance by securing against
entry, repair or demolition.
(E) Appeals.
(i) The owner may take an appeal to the Building Code
Board of Appeals where it is alleged that the Building
Official erred in the determination that a building is
dangerous or where the Building Official rejects or
refuses to approve the mode or manner of construction,
or material to be used in the repair or abatement of a
dangerous building.
(ii) Hearing. A hearing under the dangerous building provi-
sion of this code will be held in accordance with normal
Board hearing procedures.
(iii) Standards. In determining whether a building is
dangerous, the Board shall consider whether a building
or structure has any or all of the conditions set forth
in Sec. 5.131(1) of this chapter to the extent that the
life, health, property or safety of the public or its
occupants are endangered.
In considering alternative materials and methods of
construction, the Board may approve any alternate if it
finds that the proposed design is satisfactory and that
the material, method or work offered is, for the purpose
intended, at least the equivalent of that prescribed in
this code in quality, strength, effectiveness, fire
resistance, durability and safety. Also, the Board shall
require that sufficient evidence or proof be submitted to
29 9-8-92
substantiate any claim that may be made regarding the
use of alternates.
(iv) Failure to Obey Order. When a decision or order of the
Board of Appeals becomes final, and is not complied with,
the building official may cause the person to be prose-
cuted or institute actions to abate the building as a
public nuisance by securing against entry, repair or
demolition.
(v) Recovery of Cost. Estimate of the cost of the proposed
work needed to abate the nuisance shall be obtained and
presented to the Board. Should the decision of the
building official not be appealed or be upheld by the
board and funds be necessary to repair or demolish a
structure, this request shall be presented to the City
Council. Said cost then may be assessed in accordance
with Iowa law. This shall not prevent action from being
taken during emergency situations with City Manager
approval. This shall be done in accordance with Iowa law
and established procedures.
(F) Violations. It shall be unlawful for any person, firm or
corporation to erect, construct, enlarge, alter, repair, move,
improve, remove, convert or demolish; equip, use, occupy or
maintain any building or structure; cause or permit the same
to be done in violation of this section.
DIVISION II
SIGNS
Sec. 5.201. SHORT TITLE; SCOPE; PURPOSE.
This chapter may hereafter be known and cited as the "sign regula-
tions."
The provisions of this chapter shall govern the construction, re-
pair, erection, alteration, location, and maintenance of privately owned
outdoor signs and outdoor advertising and identification devices of
every kind, together with their appurtenant and auxiliary devices.
The sign regulations are found and declared to be necessary and
proper to the following purposes:
(1) Protecting property values within the City of Ames.
(2) To prevent the occurrence of urban blight and slum conditions.
(3) To protect the general public from damage and injury which may
be caused by the faulty and unregulated use of signs.
(4) To prevent any unreasonable appropriation of the public domain, its
open spaces, streets, and ways to private use.
30 9-8-92
(5) To restore, preserve, and promote aesthetic character in the City
of Ames.
Sec. 5.202. DEFINITIONS.
(1) Awning sign: Any sign affixed directly on or attached to an awn-
ing.
(2) Canopy sign: Any sign mounted on or supported by a canopy.
(3) Ground signs: Any sign supported by one or more uprights or
braces placed upon or set into the ground.
(4) Illuminated sign: Any sign which has characters, letters, figures,
designs or outline illuminated by electric lights or luminous tubes
as a part of the sign proper.
(5) Marquee signs: Any sign mounted on or supported by a marquee.
(6) Off premises: Signs not located at the site of that which is
advertised or identified.
(7) On premises: Signs located at the site of that which is advertised
or identified.
(8) Projecting sign: Any sign other than a wall sign which is attached
to a building and extends beyond the line of said building.
(9) Roof sign: Any sign erected, constructed and maintained wholly
upon or over the roof of any building.
(10) Sign: Any advertising device or surface out-of-doors, on or off
premises, which conveys information or identification.
(11) Sign structure: An element or assemblage of elements which sup-
ports or is capable of supporting a sign. A sign structure may
be free-standing, attached to a building, an integral part of the
building, or combination thereof.
(12) Structural member: A component part of a structural system re-
quired to carry the primary supportive stresses of the building to
the ground, as opposed to members carrying little or no support-
ive stress other than their own weight, and functioning as an
in-fill or nonstructural enclosure.
(13) Temporary and/or portable signs: Any sign, banner, pennant,
valance, to be displayed for a limited time only, or any sign set
upon the ground unsecured. A portable sign shall be defined as
any sign set upon or affixed to any device or ground with wheels
or skids or framing so as to afford portability by persons or
auxiliary devices.
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(14) Wall sign: A sign, impressed or painted on, or attached to a wall
with the exposed face of the sign in a plane approximately parallel
to the plane of the wall.
(15) Subdivision Development Sign: A temporary sign identifying a
new or developing residential housing subdivision by name.
(16) Developer: The legal or beneficial owner or owners of a lot or of
any land included in a proposed development including the holder
of an option or contract to purchase, or other persons having
enforceable proprietary interests in such land.
Sec. 5.203. MEASUREMENT STANDARDS.
If a sign has two (2) or more faces, the area of all faces shall be
included in determining the total area of the sign: Except that if two
sign faces are placed back to back, and are at no point more than thirty
(30) inches from one another, the area of the sign shall be taken as the
area of one face if the two faces are of equal area, or as the area of
the larger face if the two (2) faces are of unequal area.
Sec. 5.204. PERMITS, FEE REQUIRED.
(1) It shall be unlawful for any person to erect, alter structurally or
relocate within the City of Ames any sign as herein defined without
first obtaining a permit from the building official. The City
Manager shall establish and charge reasonable fees to cover costs
related to issuance of permits. All electrically illuminated signs
shall be subject to the provisions of all electrical codes adopted
by the City of Ames.
(2) The City Council shall, from time to time, set a reasonable fee for
sign permits.
Sec. 5.205. SIGN ERECTORS, REGISTRATION REQUIRED.
Persons erecting or installing signs for which permits are required
shall be registered in accordance with Section 5.103, except business
owners may receive permits for signs placed on property that they own
or lease.
Sec. 5.206. APPLICATIONS FOR PERMITS.
Applications for permits shall be made upon blanks provided by
the building official and shall contain or have attached thereto the
following information:
(1) The name, address and telephone number of the applicant.
(2) The location of building, structure, or lot where the sign is to be
located.
(3) Position of signs in relation to nearby buildings or structures.
32 9-8-92
(4) Two (2) blueprints or ink drawings of the plans and specifications
and method of construction and attachment to the building or on
the ground.
(5) Written consent of the owner of the building, structure, or land to
which or on which the sign is to be erected. The lease between
landlord and tenant will constitute written consent.
(6) The name of the person, firm, corporation, or association which is
licensed by the City of Ames to do the work of installing or erect-
ing the sign.
(7) Such other information as the building official shall require to
show full compliance with this and all other laws and ordinances of
the City of Ames which may be applicable, including the intended
duration of temporary signs.
Sec. 5.207. ILLUMINATED SIGNS; APPROVED BY ELECTRICAL
INSPECTOR, BUILDING OFFICIAL.
The application for a permit for erection of a sign in which elec-
trical wiring and connections are to be used shall be submitted to the
electrical inspector. The electrical inspector shall examine the plans
and specifications with respect to all wiring and connections to deter-
mine if the same specifications comply with applicable electrical codes
prior to submission of the application to the building official for
final approval or disapproval.
Sec. 5.208. PERMIT ISSUED IF APPLICATION IN ORDER.
It shall be the duty of the building official upon the filing of an
application for a permit to examine such plans and specifications and
other data and the premises upon which it is proposed to erect the sign,
and if it shall appear that the provisions of the sign regulations and
all other laws and ordinances of the City of Ames are complied with, he
shall then issue the permit. If the work authorized by such permit is
not completed in six (6) months from the date of its issuance, such
permit shall become null and void.
In addition, where the permit is for a subdivision development
sign, the sign permit shall be renewed annually until such time as the
sign must be removed. Removal is subject to approval by the City
Building Official.
Sec. 5.209. INSPECTION.
The building official or designees may inspect signs subject to the
provisions of the sign regulations for the purpose of determining wheth-
er the same is in compliance with the sign regulations.
Sec. 5.210. PERMIT REVOCATION.
If the building official shall find that any sign subject to the
sign regulations is unsafe or insecure or is a menace to the public or
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has been constructed or erected or is being maintained in violation of
the provisions of the sign regulations, the building official shall give
written notice thereof to the person in possession and control of the
premises on which the sign is located. If such person fails to remove
or alter the sign so as to comply with the provisions of the sign regu-
lations within thirty (30) days of such notice, such person commits a
municipal infraction. If a sign is an immediate hazard, the building
official may cause it to be removed immediately. A permit for a sign is
a license revocable at any time by the city council for the City of Ames
subsequent to notice to the permittee and an opportunity for the permit-
tee to be heard by said city council.
Sec. 5.211. CONSTRUCTION.
All signs shall be constructed in such a manner and installed with
such materials so as to be considered safe and substantial by the build-
ing official. The division of permits and inspections may require a
copy of stress sheets and calculations showing the structures as de-
signed for dead load and wind velocity in the amount required by the
uniform building code adopted by the City of Ames.
Sec. 5.212. MAINTENANCE PROVISIONS.
Signs shall be maintained so as to be structurally sound and in a
safe condition, and shall be kept in a state of undeteriorated appear-
ance by means of painting, sealing or coating and repair or replacement
of damaged parts, panels or lights.
Sec. 5.213. REMOVAL OF CERTAIN SIGNS.
Any sign now or hereafter existing, which for a period of six (6)
months no longer advertises a bona fide business conducted, or a prod-
uct sold, or a service offered, shall be taken down and removed by the
owner or owners of the building or premises upon which it is located
within thirty (30) days of written notice from the building official.
Sec. 5.214. PROHIBITIONS.
No person shall have or permit on any premises:
(1) Any permanent sign which consists of or incorporates pennants,
twirler lights, pinwheels, whirligigs or other displays or devices
which are designed to be activated by atmospheric conditions so as
to attract or distract the attention of the public by virtue of
their movements.
(2) A ground sign which extends to any degree over public property.
(3) Any signs which employ flashing, blinking or rotating lights,
except time and temperature signs.
(4) Any off premises sign nearer than three hundred fifty (350) feet
radius to any other off premises sign.
34 9-8-92
(5) Any off premises sign shall not exceed three hundred (300) square
feet or contain more than two (2) surfaces back to back.
(6) Any off premises sign in the following zoning districts in the City
of Ames: S-1, S-2, R-1, R-2, R-3, R-4, R-5, and H-M.
(7) Signs attached to or placed upon rocks, fences, trees or utility
poles.
Sec. 5.215. EXEMPTIONS FROM PERMITS.
The following signs shall not require a permit; however, such signs
shall be subject to the sign regulations:
(1) Nonelectrical real estate signs not exceeding six (6) square feet
in area, which advertise the sale, rental, or lease of the premises
upon which said signs are located only.
(2) Nonelectrical signs, including bulletin boards, which are not over
sixteen (16) square feet in area for public, educational, charita-
ble, fraternal or religious institutions when the same are located
on the premises of such institution.
(3) Nonelectrical signs denoting only the name and profession/ business
of an occupant in a commercial building, public institutional
building, or dwelling house and not exceeding two (2) square feet
in area.
(4) A nonelectrical single sign denoting the architect, engineer or
contractor when placed upon work under construction and not
exceeding thirty-two (32) square feet in area.
(5) Nonelectrical memorial signs or tablets, names of buildings, and
date of erection when cut into any masonry surface or when con-
structed of bronze or other noncombustible materials.
(6) Publicly owned street name signs, traffic control signs, legal
notices, railroad crossing signs, danger and temporary warning or
emergency signs; and, emblems, names, logo, and symbols on
motor vehicles and equipment being used for purposes other than
the display of signs or advertising devices.
(7) Nonelectrical public service signs which give only directions "in
and out" or signs which provide only information about directing
people to ancillary facilities such as parking, entrance, etc.
(8) A nonelectrical temporary sign supporting a candidacy for office or
urging action on any other matter on the ballot of a primary,
general or special election, or city election.
(9) A nonelectrical temporary or portable sign.
35 9-8-92
Sec. 5.216. OBSTRUCTION--DOORS, WINDOWS, OR FIRE ESCAPES.
No person shall erect, locate or maintain any sign so as to prevent
free ingress to or egress from any door, window, or fire escape. No
person shall attach any sign of any kind to a stand pipe or fire escape.
Sec. 5.217. SIGNS NOT TO CONSTITUTE TRAFFIC HAZARDS.
No person shall erect any sign at the intersection of any street in
such a manner as to obstruct free and clear vision of such intersection,
or at any location where by reason of the position, shape or color it
may interfere with, obstruct the view of or be confused with any autho-
rized traffic sign, signal or device.
Sec. 5.218. REFLECTOR LIGHTS.
Lighting shall be permitted on signs provided, however, the reflec-
tors shall be provided with proper lenses, concentrating the illumina-
tion on the area of the sign so as to prevent glare upon the street or
adjacent property.
Sec. 5.219. SPOTLIGHTS AND FLOODLIGHTS.
It shall be unlawful for any person to have any sign which is
wholly or partially illuminated by floodlights or spotlights that inter-
feres with the vision of pedestrian or vehicular traffic.
Sec. 5.220. ON PREMISES SIGNAGE.
For all signs subject to the sign regulations, in agricultural,
commercial and industrial zoning districts in the City of Ames except
planned commercial and industrial districts, and in the H-M District,
there may be three (3) square feet of signage for each foot of street
frontage. Signs in the Planned Zoning districts, including the T-C
district, are as permitted on the approved site plan. Where any side of
a building abuts on an alley, only painted on wall signs shall be per-
mitted on the side abutting the alley. Such sign shall be calculated as
part of total permissible signage.
For all signs subject to the sign regulations in residential zoning
districts in the City of Ames, only the following signs are permitted:
(1) Real estate signs not exceeding six (6) square feet in area, which
advertise the sale, rental, or lease of the premises upon which
said signs are located only.
(2) Signs, including bulletin boards, which are not over sixteen (16)
square feet in area for public, educational, charitable, fraternal
or religious institutions when the same are located on the premises
of such institution.
(3) Signs denoting only the name and profession/business of an occu-
36 9-8-92
pant in a commercial building, public institutional building, or
dwelling house and not exceeding two (2) square feet in area.
(4) Single sign denoting the architect, engineer or contractor when
placed upon work under construction and not exceeding thirty-two
(32) square feet in area.
(5) Memorial signs or tablets, names of buildings, and date of erection
when cut into any masonry surface or when constructed of bronze
or other noncombustible materials.
(6) Publicly owned street name signs, traffic control signs, legal
notices, railroad crossing signs, danger and temporary warning or
emergency signs; and emblems, names, logos, and symbols on
motor vehicles and equipment being used for purposes other than
the display of signs or advertising devices.
(7) Public service signs which give only directions "in and out" or
signs which provide only information about directing people to
ancillary facilities such as parking, entrance, etc.
(8) Temporary Sign supporting a candidacy for office or urging action
on any matter on the ballot of a primary, general or special elec-
tion, or city election.
(9) Temporary or portable sign.
(10) Subdivision Development Signs. One subdivision development sign
may be permitted per preliminary plat or Conceptual Development
Plan for subdivisions of 2 acres or more in area. This sign shall
not exceed 96 sq.ft. in area and 12 ft. in height. It shall be
located in the subdivision it identifies and no closer than 25 ft.
from any property line, no closer than 100' from any pre-existing
residence and only on lots abutting collector or arterial streets.
The sign shall be the sole use of the property on which it is
located. The sign shall identify the name of the subdivision
exactly as it is set out on the preliminary plat or conceptual de-
velopment plan approved by the City and may include the names of
the subdivision developers, a map of the area covered by the
subdivision and a description of amenities in it. The sign shall
not be installed until utility construction has begun in the subdi-
vision and the sign shall be removed once building permits have
been issued for 50% of the lots in the subdivision.
Sec. 5.222. GROUND SIGNS.
All ground signs subject to sign regulations shall meet the follow-
ing requirements:
(1) All letters, figures, characters or representations in cut out or
irregular form maintained in conjunction with or attached to or
superimposed upon any ground sign shall be safely and securely
built or attached to the sign's structure.
37 9-8-92
(2) Signs and location:
(a) It shall be unlawful to erect or permit any ground sign of a
height greater than fifty (50) feet.
(b) Off premises ground signs will be permitted to have a maxi-
mum of three hundred (300) square feet of sign surface on a
side.
(c) No ground sign shall be erected or permitted nearer the street
than the property line; provided, however, such placement is
not in conflict with special building line setbacks as estab-
lished from time to time by city council. No part of said
sign shall be permitted to overhang the public domain.
(d) The minimum distance between on premises ground signs on
any one business location shall be fifty (50) feet.
(3) The premises surrounding all ground signs shall be maintained by
the owner thereof in a sanitary and uncluttered condition, free and
clear of all obnoxious substances, rubbish, litter, and weeds.
Sec. 5.223. WALL SIGNS.
Wall signs subject to the sign regulations shall meet the following
location requirements:
(1) Limitation on placement. No wall sign shall cover wholly or par-
tially any wall opening or project beyond the ends or tops of the
wall to which it is attached.
(2) Projection over public property. No wall sign shall be erected on
public right of way without approval of the City Council.
Sec. 5.224. ROOF SIGN.
(1) Materials. The uprights, supports, and braces thereof shall be
constructed of materials as set forth in the uniform building code
adopted by the City of Ames.
(2) Location.
(a) Height limitations. No roof sign shall have its highest point
extend more than twenty (20) feet above the roof level.
(b) Setback from roof edge. No roof sign shall be erected or
maintained with a face thereof nearer than five (5) feet to
the outside wall toward the sign faces.
(c) Prohibited obstructions. No roof sign shall be placed on the
roof of any building or structure in such manner as to pre-
vent free passage from one part of said roof to another part
thereof, or interfere with openings on said roof.
38 9-8-92
(3) Bracing, anchorage and supports. Every roof sign shall be thor-
oughly secured to the building by iron or other metal anchors,
bolts, supports, rods, or braces. The sign supports shall be
anchored into the basic building structure, roof joists, or roof
girders. The bearing points of such sign may bear on masonry
walls or intermediate steel columns in the building or shall be
supported or anchored to the structural members of the building.
(4) Off premises. Off premises roof signs shall not be permitted.
Sec. 5.225. PROJECTING SIGNS.
All projecting signs subject to the sign regulations shall meet the
following requirements:
(1) Support. All bracing systems shall be designed and constructed
to transfer lateral forces to the foundations. For signs on build-
ings, the dead and lateral loads shall be transmitted through the
structural members of the building to the ground in such manner
as not to overstress any of the elements thereof.
(2) Limitations on glass. The lettering or advertising design to be
illuminated on projecting signs may be composed of glass or other
transparent or semitransparent material. Any glass forming a part
of any sign shall be safety glass or wire glass.
(3) Movable parts to be secured. Any movable parts of a projecting
sign such as a cover of a service opening shall be securely fas-
tened by safety chains or hinges.
(4) Height limitations. The top line of the projecting sign shall not
be higher than the roof or parapet line of the building to which
attached, except that when the roof line is less than fifteen (15)
feet in height, the sign may extend three (3) feet above; but
under no circumstances shall the top line of a projecting sign be
permitted at a height of more than fifty (50) feet above ground
level.
(5) Thickness limitations. The distance measured between the principal
faces of any projecting sign shall not exceed eighteen (18) inches.
(6) Location. The bottom line of every projecting sign shall be placed
at least ten (10) feet above any sidewalk over which it is erected.
No projecting signs shall be erected in an alleyway. No projecting
signs shall project across or over any portion of public right of
way.
Sec. 5.226. TEMPORARY AND/OR PORTABLE SIGNS.
Temporary and/or portable signs subject to the sign regulations
shall meet the following requirements:
(1) A banner shall not exceed one hundred (100) square feet in area.
39 9-8-92
All other temporary and/or portable signs shall not exceed thirty-
two (32) square feet in area.
(2) Advertising permitted. Advertisement or announcement contained
on any temporary and/or portable sign shall pertain only to civic,
political, religious, fraternal or other nonprofit activities.
Temporary or portable signs for the purpose of commercial adver-
tising are prohibited, except for announcement of special one-time
sales or one-time events or occurrences not exceeding fifteen (15)
days. No temporary or portable sign shall be displayed longer
than fifteen (15) consecutive days, except that political campaign
signs and signs pertaining to any election or ballot issue in an
election may be displayed any length of time but shall be removed
by the person in possession and control of the property on which
they are displayed, not later than seven days following the elec-
tion to which said signs shall pertain.
Sec. 5.227. MARQUEE SIGNS.
Marquee signs subject to the sign regulations shall meet the fol-
lowing provisions:
(1) Signs attached to or placed upon the roof of a marquee shall be
completely within the border line of the marquee's outer edge.
(2) Signs hung from a marquee shall be completely within the border
line of the marquee's outer edge and in no instance shall the
bottom of said sign be lower than seven and one-half (71) feet
above the sidewalk. No hanging or suspended sign shall exceed
eighteen (18) inches in height overall. They may overhang the
public right of way only by permission of the City Council.
Sec. 5.228. AWNING AND CANOPY SIGNS.
The name of the owner and the business, industry, or pursuit
conducted within the premises may be painted or otherwise permanently
placed in a space not exceeding twelve (12) inches in height on the
front and side portions thereof, or on signs suspended beneath a cano-
py, but no portion thereof may be lower than seven and one-half (7 2)
feet above a sidewalk. They may overhang public right of way only by
permission of the City Council.
Sec. 5.229. NONCONFORMING SIGNS.
Signs in existence on December 21, 1976, when these sign regula-
tions became effective, may continue in existence subject to Sections
5.209, 5.210, 5.212, and 5.213 and also subject to the following:
(1) A sign shall not be altered structurally or moved unless it be made
to comply with the provisions of this chapter, except that the
changing of the movable parts of an existing sign that is designed
for such changes, or the repainting or reposting of display matter
shall not be deemed a structural alteration.
40 9-8-92
(2) The lawful use of a sign existing on the effective date of these
regulations, although such sign does not conform to the provisions
hereof, may continue; but if such nonconforming use is discontin-
ued for a period of six (6) months, any future use of such sign
shall be in conformity with the provisions of this chapter.
(3) No sign which has been damaged by fire, wind, explosion, or
other act of God to the extent that fifty (50) per cent or more of
the sign is destroyed, shall be restored except in conformity with
the regulations of this chapter. Any sign which has been dam-
aged to an extent less than fifty (50) per cent, may be restored to
its condition which existed as a nonconforming use prior to its
damage.
Sec. 5.230. SIGN APPEALS.
(1) The Board of Appeals established by this chapter shall have juris-
diction, and its appeal procedures shall apply when it is claimed
that the regulations of this chapter pertaining to signs have been
incorrectly interpreted, or an equally good or better form of
construction, method of installation or type of material can be
used.
(2) A sign is within the definition of a 'structure' found at section
29.2(41) of the Ames Municipal Code and therefore is also subject
to the zoning regulations of Chapter 29. Appeals and applications
for variance from or exception to non-structural regulations appli-
cable to a sign or signs shall be the exclusive jurisdiction of the
Zoning Board of Adjustment.
DIVISION III
MOVING STRUCTURES
Sec. 5.301. STRUCTURE DEFINED.
The term "structure" as used in this division means any house,
building, or other structure eight (8) feet or more in width, which is
to be moved from one location to another upon, along, across, over, or
near any street, avenue, alley, highway, sidewalk, or other public
ground of the city.
Sec. 5.302. "HOUSE MOVER" DEFINED.
The term "house mover" as used in this chapter means a person
who has been issued a valid license to move structures.
Sec. 5.303. LICENSE REQUIRED.
No person shall engage in the business of moving structures with-
in the city without first obtaining a license therefore, as hereinafter
provided.
41 9-8-92
Sec. 5.304. APPLICATION FOR LICENSE REQUIRED.
Any person, intending to carry on the business of house mover in
the city shall file in the office of the city manager an application in
writing upon forms furnished by the city, and among other things such
application shall state:
(1) The name and address of the applicant.
(2) The person who will have charge of work done, qualifications and
experience as such, and that the person has knowledge of the
provisions of this Code and the city ordinances relating thereto.
(3) The applicant agrees to reimburse the city or others for all costs
incurred in the moving of structures under the provisions of the
license and permit issued therefore.
Sec. 5.305. BOND.
The applicant must, before the license shall be issued, file with
the city clerk a corporate surety bond executed to the city in the
amount of two thousand, five hundred dollars ($2,500.00) with sureties
approved by the city clerk, conditioned that all work done under such
license shall be done in a good, competent manner and in accordance
with the ordinances of the city relating thereto and that the applicant
or a surety will pay to the city or any person injured all damages for
injuries to persons or property caused by the negligence, fault or
mismanagement of said applicant, or due to any other cause, in doing
any work under said license or any permit issued for such work, and
will pay to the city any cost or expense incurred in repairing or re-
storing any pavement, curbs, sidewalks, electric facilities or other
public works injured and of restoring such works to its previous condi-
tion.
Sec. 5.306. INSURANCE REQUIRED.
Applicant shall procure and maintain, for the duration of the
license period, insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the
function for which the license is issued.
Applicant shall furnish the City of Ames with certificates of
insurance evidencing the following coverages:
(1) Comprehensive General Liability with limits of no less than
$1,000,000 combined single limits per occurrence for bodily injury,
personal injury and property damage.
(2) Automobile Liability with limits of no less than $1,000,000 com-
bined single limits per occurrence for bodily injury, personal
injury and property damage.
42 9-8-92
(3) Worker's Compensation and Employee's Liability as required by the
laws of the State of Iowa.
The certificate must be on file in the office of the City Clerk,
City of Ames before a license shall be issued.
Sec. 5.307. ISSUANCE OF LICENSE.
Upon approval of the application for a license, the filing and ap-
proval of the bond and certificate of insurance set forth herein, and
the payment of the license fee, the city clerk shall issue a license to
the applicant as a house mover.
Sec. 5.308. LICENSE FEE; EXPIRATION; TRANSFERABILITY.
A fee for a license as a house mover shall be set by the city clerk
to cover costs of administration and issuance. The license shall expire
on the first day of January next ensuing after issuance therefore. The
license shall not be transferable.
Sec. 5.309. REVOCATION OF LICENSE.
Any licensed house mover who shall, in any application for a per-
mit, make any untrue or false statements, or who shall be guilty of a
violation of this chapter, or who shall be guilty of acts of negligence
in the conduct of the business, shall upon such finding have the license
revoked by the city council.
Sec. 5.310. PERMIT REQUIRED.
No person shall move any structure upon, across or over any
street, avenue, alley, highway, sidewalk or public ground of the city,
or raise, lower or move any structure within twenty (20) feet of any
public sidewalk, without first obtaining a permit therefore from the
city manager as herein provided.
Sec. 5.311. APPLICATION FOR PERMIT.
All applications for a permit as herein required shall be in writ-
ing on forms furnished by the city, filed in the office of the city
manager, and among other things, shall state:
(1) The name and license number of the house mover.
(2) The present and proposed location of the structure to be moved
together with the name and address of the owner thereof.
(3) The building permit number as issued for the structure in the
proposed location.
(4) A description of the structure to be moved, with the size, maxi-
mum height when loaded and ready to be moved and the maximum
width of the structure in the direction of travel.
43 9-8-92
(5) The route over which the structure is to be moved.
(6) The day and hour of the day when the structure will first be
moved into the limits of the public way and the approximate length
of time the structure will be within said limits.
(7) Whether any, and what electric lines, telephone or telegraph wire,
cables or guys will have to be cut or moved or will be interfered
with and the locations thereof.
(8) What railway tracks, if any, will be crossed, their location, and
the day and approximate hour when such crossing will be made.
(9) Whether any street structures will be removed or interfered with,
including sidewalks, curbing, fire hydrants, and street signs and
signals.
(10) What shade trees, if any, will require trimming and the location of
the property and name of property owner thereof and whether
consent for such trimming has been obtained from such owners.
(11) A description of the type of moving equipment to be used.
(12) Said application shall state that all work will be done in strict
accordance with the provisions of this chapter and under the direc-
tion and supervision of the city manager.
Sec. 5.312. PERMITS TO UNLICENSED APPLICANTS AUTHORIZED.
The city manager may issue moving permits for structures to per-
sons, whether licensed or not, when the maximum width of such struc-
ture along the line of travel does not exceed fourteen (14) feet, and
when they may be moved on rubber tired vehicles or trucks in such a
manner as will not substantially interfere with traffic, damage any
street structure or trees, require the removal of any electric, tele-
phone or telegraph wires, or damage any street pavements or side-
walks. Before issuing such a permit the city manager shall designate
the route to be followed and the date and time when such moving shall
take place, and shall supervise the operation of moving thereof.
Sec. 5.313. PERMIT FEES.
The City Council shall establish and charge reasonable fees to
cover the costs of issuing house moving permits. Additionally, the city
manager may charge the house mover for the costs of special services
rendered by police units, utility or street crews or any special city
expense caused by the moving of a house or building.
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Sec. 5.314. COMPLIANCE WITH BUILDING, ZONING, OTHER ORDI
NANCES.
No moving permit shall be issued unless the structure, if moved to
a new location in the city, will comply with the zoning, building code
and all other ordinances of the city.
Sec. 5.315. OBSTRUCTING STREETS REGULATED.
No moving permit shall be issued to move any structure over the
paved streets, avenues or highways of the city when the maximum
width of such structure in the direction of travel shall occupy more
than two (2) feet less than the total width of paving between curbs, and
no structure shall be allowed to obstruct the free passage of any
street, avenue or highway for a greater length of time than set forth in
the permit issued therefore, except in case of unavoidable delay and
through no fault or negligence on the part of the permit holder, the
city manager may grant such extension of time as is reasonable.
Sec. 5.316. MOVING OVER RAILWAY TRACKS.
No permit shall be issued for the moving of any structure across
the tracks of any railway or street railway until the mover thereof
shall have given the superintendent of such railway or street railway
companies not less than twenty-four (24) hours notice before such
crossing of the tracks is to be made and satisfactory arrangements for
such crossing have been made and the city manager advised in detail of
such arrangements.
Sec. 5.317. CONSENT TO MOVE WIRES, CABLES REQUIRED.
No permit shall be issued for the moving of any structure which
requires the removal of electric, telephone or telegraph wires or cables
until not less than twenty-four (24) hours notice has been given of the
time and place such removal is desired and the consent of the electric
department of the city and/or the telephone or telegraph company has
been secured for such removal and the city manager advised of such
satisfactory arrangements.
Sec. 5.318. ISSUANCE, CONTENTS OF PERMITS; DENIAL.
When an application has been made for a moving permit as provid-
ed herein and is approved by the city manager, the city manager shall,
after being presented with a receipt for payment of the permit fee by
the house mover to the city clerk, issue to the applicant a permit, in
duplicate, numbered in consecutive order, one copy being furnished the
applicant and a record thereof retained in the manager's office. Such
permit shall contain the name and address of the person to whom is-
sued, the route to be followed, and the time of starting and completing
the moving operation within public ways, an abstract of the information
and agreements contained in the application, and such regulations,
conditions, and instructions as the city manager may deem necessary to
protect public and private property and secure compliance with the
provisions of this chapter. Such permit shall not take effect, and the
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work shall not be commenced until the time therein stated and shall at
all times be under the supervision and control of the city manager or
the manager's designee. The city manager may deny an application for
a permit when it is necessary to protect public or private property; or
public safety; or to secure compliance with this Code or the laws of the
State of Iowa.
Sec. 5.319. AUTHORITY TO REQUIRE PLANKING OF STREETS.
When in the judgment of the city manager it is necessary to protect
streets or street improvements, the city manager may require the house
mover to properly and adequately plank such streets and all rollers,
trucks or other devices used in conveying and moving same shall run
upon and rest upon such planks at all times.
DIVISION IV
MISCELLANEOUS
Sec. 5.401. SWIMMING POOLS.
(1) Every outdoor swimming pool shall be completely surrounded by a
fence or wall not less than four feet six inches in height, which
shall be so constructed as not to have openings, holes, or gaps
larger than four inches (4") in any dimension except for doors
and gates; and, if a picket fence is erected or maintained, the
horizontal spacing between pickets shall not exceed four inches
(411) . A dwelling house, or accessory building, may be used as
part of such enclosure.
(2) All gates or doors opening through such enclosure shall be
equipped with a self-closing and self-latching device for keeping
the gate or door securely closed at all times when not in actual
use, except that the door of any dwelling or accessory building
which forms a part of the enclosure need not be so equipped.
(3) This requirement shall be applicable to all new swimming pools
hereafter constructed, other than indoor pools, and shall apply to
all existing pools which have a depth of eighteen inches (1811) or
more of water at any point. No person in possession of land within
the City, whether as owner, purchaser, lessee, tenant, or a licens-
ee, upon which is situated a swimming pool having a depth of
eighteen inches (1811) or more of water at any point shall fail to
provide and maintain such fence or wall as herein provided.
(4) The Building Code Board of Appeals may make modifications in
individual cases, upon a showing of good cause with respect to the
height, nature of location of the fence, wall gates or latches, or
the necessity therefore, provided the protection as sought hereun-
der is not reduced thereby. Said Board may permit other protec-
tion devices or structures to be used so long as the degree of
protection afforded by the substitute devices or structures is not
less than the protection afforded by the substitute fence, gates
and latch described herein.
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(5) The term swimming pool, as used herein, shall mean a body of
water in an artificial or semi-artificial receptacle or other
container located outdoors, used or intended to be used for public,
semi-public or private swimming by adults or children, or both
adults and children, operated and maintained by any person,
whether he be an owner, lessee, operator, licensee or concession-
aire, and shall include swimming pools used or intended to be used
solely by the owner or friends invited to use it without payment of
any fee.
DIVISION V.
Sec. 5.501. CIVIL PENALTIES.
Any person, corporation or other legal entity who violates or resists
the enforcement of any of the provisions of this ordinance commits a
municipal infraction punishable by a civil penalty of thirty dollars
($30) for the initial offense, one hundred dollars ($100) for the second
offense, and two hundred dollars ($200) for each repeat offense. Each
day that a municipal infraction occurs constitutes a separate offense.
Any person, corporation or other legal entity who violates this ordi-
nance after having previously been found guilty of violating the same
ordinance provision at the same location or at a different location
shall be considered to have committed a repeat offense. Seeking a civil
penalty as authorized in this section does not preclude the city from
seeking alternative relief, including an order for abatement or injunc-
tive relief."
Section Two. All ordinances or parts of ordinances in conflict herewith
are hereby repealed to the extent of such conflict, if any.
Section Three. This ordinance shall be in full force and effect April
1, 199% from and after its passage and publication as required by law.
Passed this 24th day of September 1992.
Jill Rippergei," AQfing City Clerk Larry R. urtis
08
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