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HomeMy WebLinkAbout~Master - Adopting New Mechanical Code ORDINANCE NO. 3197 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA BY REPEALING CHAPTER 5 TO THE EXTENT IT ADOPTED MECHANICAL CODES AS PART OF ADOPTION OF STATE BUILDING CODE AND ENACTING A NEW CHAPTER 32, MECHANICAL CODE; PROVIDING A PENAL- TY; SETTING 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 is hereby amended by repealing Chapter 5 to the extent it adopted mechanical codes as part of adoption of state building code and enacting a new chapter 32 as follows: "CHAPTER 32 MECHANICAL CODE DIVISION I UNIFORM MECHANICAL CODE AND AMENDMENTS Sec. 32.101. MECHANICAL CODE ADOPTED. The Uniform Mechanical Code, 1988 Edition (herein called 'UMC') as published by the International Conference of Build- ing Officials, shall be the Mechanical Code for the City of Ames, Iowa, except for such modifications, additions or dele- tions as hereinafter enacted. The Uniform Mechanical Code standards and the Uniform Building Code standards contained in Appendix A, and Appendices B and C of the UMC are adopted as parts of the Mechanical Code for the City of Ames. 1 9-8-92 Sec. 32.102. SCOPE. Delete Sec. 103 UMC and insert in lieu thereof the following: Scope. The provisions of this Code shall apply to the erection, installation, alteration, repairs, relocation, replacement, addition to, use or maintenance of any heating, ventilating, cooling, refrigeration systems, incinerators or other miscellaneous heat producing appliances within this jurisdiction. Additions, altera- tions, repairs and replacements of equipment or systems shall comply with the provisions for new equipment and systems except as otherwise provided in Section 104 of this Code. Sec. 32.103. BOARD OF APPEALS. Delete Section 203 and insert in lieu thereof the fol- lowing: The Building Code Board of Appeals shall act as the Board of Appeals in matters relating to this chapter, and their duties shall include the authority to review and make recommendations on any and all proposed changes to this chapter of the code. Recommendations shall be forwarded to the City Council for final action. Sec. 32.104. REGISTRATION. Delete Chapter 3 of the UMC is deleted and insert in lieu thereof Sections 32.104, 32.105, 32.106, 32.107 and 32.108 set out as follows: (A) Registrations 1. Registration Required: It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demol- ish any structure or appliance for which a mechanical permit is required in the City, or cause the same to be done unless such person, firm, or corporation has been regis- tered 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, and no manner of license is proffered. 2 9-8-92 2. Information to be Provided: An applicant for registration under this section shall provide to the Plumbing Inspector the fol- lowing information: (a) The complete name, complete mailing address, street address and telephone number of the firm or corporation. (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. (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 registra- tion number. 3 (f) Every registrant shall carry Contrac- tor's Commercial General Liability insurance in not less than $500,000.00 combined single limit and shall pro- vide proof of coverage to the Building Official before registration. (g) Other pertinent information deemed necessary by the Building Official. Every registrant shall provide accurate information on the registration application. Any changes in that information shall be reported to the office of the Building Official within ten (10) days from the date the information previously supplied has become inaccurate for any reason. 3. Insurance Required. Every Registrant shall carry Contractor's commercial general liability insurance in not less than $500,000 Combined Single Limit, and shall provide proof of coverage to the Building Official before registration. 3 9-8-92 a. State Registration. Proof of state registration is required at the time of registration with the City. 4. Building Official Shall Respond: After application for registration has been re- ceived by the Building Official, the build- ing official shall act promptly to issue the registration or to determine on what basis the registration may not be issued. The Building Official shall so respond not later than two weeks following application. 5. Expiration and Renewal of Registration: Registration shall expire annually on Janu- ary 1, and may be reactivated so long as the registration information remains accu- rate and proof of continued liability cover- age is submitted. 6. Transfer of Registration Prohibited: No Registrant shall allow his/her registration, by name or other identification, to be transferred, assigned or used in any man- ner, directly or indirectly, or for any purpose, by any person, firm or corpora- tion 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 au- thority to suspend any registration issued under this section for any of the following acts by the Registrant: 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 registra- tion, by Registrant or another, such as to allow the rights and privileges of registration to be applied to one not duly registered. d. judgment entry of two (2) violations of any of the provisions of the Me- chanical Code committed within a period of twelve (12) consecutive months. 4 9-8-92 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 renewal fee, if it has become due in the interim, the suspended registra- tion shall again become valid and effective. 8. Registration Revoked: The Building Code Board of Appeals shall have the authority to revoke any registration issued under this section for: a. a violation constituting the practice of any fraud or deceit in securing (a) a registration for Registrant or another or (b) a permit. b. judgment entry of three (3) violations of the Mechanical Code committed within a period of twelve (12) consec- utive 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 allegations under this section regarding suspension or revocation of a registration, the Board of Appeals shall proceed upon sworn information furnished it by an official of the City, or by any per- son. Such information shall be in writing and shall be duly verified by the person familiar with the allegation made. The Board shall issue an order setting the matter for hearing at a specified 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 Regis- trant by registered mail at least fifteen (15) days before the date set for the hear- ing. The Registrant may appear in person or by counsel at the time and place named in the order and present his/her defense to the Board. The City Attorney shall provide 5 9-8-92 counsel for the Board. If the Registrant fails or refuses to appear, the Board may proceed to hear and determine the charge in his/her absence. If he/she admits the allegations, or if, upon a hearing, the Board finds any of the allegations to be true, it may enter an order suspending or revoking the certificate of registration. Suspension or revocation resulting from a decision of the Board shall preclude the Registrant from securing a permit for work controlled by that registration in the city, or from becoming so registered under altered identification, as long as the suspension or revocation is in effect. 10. Exemption for Homeowner: No such regis- tration procedure 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/her legal residence there. The home- owner shall be automatically termed a Regis- trant for the purposes of such a project. Notwithstanding such relief from registra- tion, all requirements for permits for the work shall remain in force. Sec. 32.105. PERMITS. (1) Permits Required. Except as otherwise provided, no mechanical system regulated by this code shall be in- stalled, altered, repaired, replaced or remodeled unless a separate mechanical permit for each separate building or structure has first been obtained from the building official. Exempted Work. A mechanical permit shall not be re- quired for the following: A. A portable heating appliance, portable ventilating equipment, portable cooling unit or portable evaporative cooler. B. Replacement of any component part or assembly of an appliance which does not alter its original approval and complies with other applicable re- quirements of this code. C. Refrigerating equipment which is part of the equipment for which a permit has been issued pursuant to the requirements of this code. 6 9-8-92 D. A unit refrigerating system. Exemption from the permit requirements of this code shall not be deemed to grant authorization for work to be done in violation of the provisions of this code or other laws or ordinances of this jurisdiction. (2) Application for Permit. A permit may be issued only to a registrant, as provided above, and only when the requirements defined in this section have been met. To obtain a permit, the applicant shall make application in writing on a form furnished by the code enforcement agency 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 legal description, street address or similar description that will readily identify and definitely locate the proposed building or work; C. Indicate the use or occupancy for which the pro- posed work is intended; f D. Be accompanied by plans, diagrams, computations and specifications and other data as required in Subsection (3) of this section; E. Be signed by the applicant or his/her authorized agent; and F. Furnish such other technical data and information pertaining to the installations and work to be done as may be required by the building official. (3) Plans and Specifications. Plans, engineering calcula- tions, diagrams and other data shall be submitted in one or more sets with each application for a permit for all new commercial construction when the building exceeds 100,000 cubic feet. The computations and specifications are to be prepared and designed by an engineer li- censed by the state to practice as such. The building official may require the submission of plans, calculations or other data if he/she finds that the nature of the work applied for is such that review- ing of plans is necessary to obtain compliance with this code. Residential permits and interior finish permits need not be accompanied by plans unless specifically requested by the building official. 7 9-8-92 A. Information on Plans and Specifications. Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of suffi- cient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations. B. Plans for buildings more than two stories in height of other than Groups R, Division 3 and M Occupancies shall indicate how required structural and fire-resistive integrity will be maintained where a penetration will be made for electrical, mechanical, plumbing and communication conduits, pipes and similar systems. (4) Permit Issuance A. Issuance. The application, plans, specifications, computations and other data filed by an applicant for permit shall be reviewed by the building official. Such plans may be reviewed by other departments of this jurisdiction to verify compli- ance with applicable laws under their jurisdic- tion. If the building official finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this code and other pertinent laws and ordinances, he/she may issue a permit therefore to the applicant. B. When the building official issues the permit where plans are required, such plans and specifications shall not be changed, modified or altered without authorization from the building official, and all work regulated by this code shall be done in accordance with the approved plans. C. The building official may issue a permit for the construction of a part of a mechanical system before the entire plans and specifications for the whole system have been submitted or approved, provided adequate information and detailed state- ments have been filed complying with all pertinent requirements of this code. The holder of such permit may proceed at his/her own risk without assurance that the permit for the entire building, structure or mechanical system will be granted. D. Retention of Plans. One set of approved plans, specification and computations. shall be retained by the building official until final approval of the work covered therein. One set of approved 8 9-8-92 plans and specifications shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress. (5) Validity of Permit. The issuance of a permit or approv- al of plans, specifications and computations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of other ordinance of the jurisdiction. Permits presum- ing to give authority to violate or cancel the provi- sions of this code or of other ordinances of the juris- diction shall not be valid. The issuance of a permit based upon plans, specifica- tions, computations and other data shall not prevent the building official from thereafter requiring the correc- tion of errors in said plans, specifications, and other data or from preventing building operations being car- ried on thereunder when in violation of this code or of other ordinances of this jurisdiction. (6) Expiration. Every permit issued by the building offi- cial under the provisions of this code shall expire by limitation and become null and void if the work author- ized by such permit is not commenced within 180 days from the date of issuance of the permit, or if the work authorized by such permit is suspended or abandoned for a period of 180 days at any time after the work has commenced. Before such work can be recommenced, a new permit shall be first obtained so to do, and the fee therefore shall be one half the amount required 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. No permit shall be extended more than once. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. A permittee holding an unexpired permit may apply for an extension of the time within which he/she may com- mence work under that permit when he/she is unable to commence work within the time required by this section for good and satisfactory reasons. The building offi- cial may extend the time for action by the permittee of a period not exceeding 180 days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. (7) Suspension or Revocation. The building official may, in writing, suspend or revoke a permit issued under the provisions of this code whenever the permit is issued in error or on the basis of incorrect information supplied 9 9-8-92 or in violation of other ordinance or regulation of the jurisdiction. Sec. 32.106. FEES. Fees. Fees shall be established by resolution of the City Council. Sec. 32.107. INSPECTIONS. (1) General. Mechanical systems for which a permit is required by this code shall be subject to inspection by the building official and such mechanical systems shall remain accessible and exposed for inspection purposes until approved by the building official. It shall be the duty of the permit applicant to cause the mechanical systems to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expenses en- tailed in the removal or replacement of any material required to permit inspection. When the installation of a mechanical system is complete, an additional and final inspection shall be made. Mechanical systems regulated by this code shall not be connected to the energy fuel- supply lines until authorized by the building official. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provi- sions of this code or of other ordinances of the juris- diction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. (2) Operation of Mechanical Equipment. The requirements of this section shall not be considered to prohibit the operation of mechanical systems installed to replace existing equipment or fixtures serving an occupied portion of the building in the event a request for inspection of such equipment or fixture has been filed with the building official not more than 48 hours after such replacement work is completed, and before any portion of such mechanical system is concealed by any permanent portion of the building. (3) Testing of Equipment. Refrigeration equipment regulat- ed by this code shall be tested and approved as re- quired by Section 1520 of this code. Where applicable, steam and hot-water boilers and piping shall be tested and approved as required by Sections 2123 and 2127 of Appendix B of this code. 10 9-8-92 Where applicable, fuel-gas piping shall be tested and approved as required by Section 2206 of Appendix B of this code. (4) Inspection Requests. It shall be the duty of the person doing the work authorized by a permit to notify the building official that such work is ready for inspec- tion. The building official may require that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writing or by telephone. It shall be the duty of the person requesting inspec- tions required by this code to provide access to and means for inspection of such work. (5) Other Inspections. In addition to the called inspec- tions required by this code, the building official may make or require other inspections of any mechanical work to ascertain compliance with the provisions of this code and other laws which are enforced by the code enforcement agency. (6) Reinspections. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspections is called is not complete or when required corrections have not been made. This provision 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 inspec- tions before the job is ready for inspection or rein- spection. Reinspection fees may be assessed, when the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspec- tion is requested or for deviating from plans requiring the approval of the building official. To obtain reinspection, the applicant shall file an application therefore in writing upon a form furnished for that purpose and pay the reinspection fee in accor- dance with city requirements. In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. Sec. 32.108. CONNECTION APPROVAL. (1) Energy Connections. No person shall make connections from a source of energy fuel to any mechanical system 11 9-8-92 or equipment regulated by this code and for which a permit is required until approved by the building offi- cial. (2) Temporary Connections. The building official may au- thorize temporary connection of the mechanical equipment to the source of energy fuel for the purpose of testing the equipment, or for use under a temporary certificate of occupancy. Sec. 32.109. BOILERS. Sec. 2101 in Appendix B is amended by the addition of an unnumbered paragraph to that section as follows: Notwithstanding the requirements of this code boilers and pressure vessels covered by Iowa Code Chapter 89 shall com- ply with the requirements established by the Labor Services Division, as set out, in the Iowa Administrative Code, Part 347, Chapters 41-49. These rules and regulations are adopt- ed as a part of this code by this reference as if set forth fully herein. Sec. 32.110. GAS PIPE JOINTS. By adding a new section to Appendix B, Chapter 22, as follows: Sec. 2222. Fittings in Concealed Gas Piping. All joints and fittings in a concealed gas piping system shall be welded. Only fittings approved for a welded system shall be used. Screw type fittings shall not be welded. Screw type fittings may be used in concealed spaces only if accessibility is provided at each fitting location. Access openings shall be of a size that will permit a workable access to fittings requiring repair or replacement. DIVISION II PENALTY Sec. 32.201. PENALTY. Any person, corporation or other legal entity who vio- lates or resists the enforcement of any of the provisions of this chapter commits a municipal infractions 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 ordinance after having previously been found guilty of violating the same ordinance provisions at the same location 12 9-8-92 or at a different location shall be considered to have commit- ted a repeat offense. Seeking a civil penalty as authorized in this section does not preclude the city from seeking alter- native relief, including an order for abatement or injunctive relief." Section Two. All ordinances or parts of ordinances in conflict herewith shall be repealed to the extent of such conflict if any. Section Three. This ordinance shall be in full force and effect on April 1, 1993 after its passage and publication as required by law. Passed this 24th day of Se,otember 1992. Jill Rippergbf, Acting City Clerk arry Curtis, ayor 0102 s 13 9-8-92