HomeMy WebLinkAbout~Master - Adopting Revisions to Mechanical Code ORDINANCE NO. 3219
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE
CITY OF AMES, IOWA, BY REPEALING SECTIONS 32.101,
32.103, 32.104, AND SUBSECTION 32.105(3) AS THEY NOW
EXIST AND ENACTING NEW SECTIONS 32.101, 32.103,
32.104, AND SUBSECTION 32.105(3) FOR THE PURPOSE OF
BRINGING THEM INTO COMPLIANCE WITH THE MOST RE-
CENT UNIFORM CODE; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH; ESTABLISHING A PENALTY AND
SETTING AN EFFECTIVE DATE.
BE IT ORDAINED, by the City Council for the City of Ames, Iowa:
Section One. The Municipal Code of the City of Ames, Iowa is hereby amend-
ed by repealing Section 32.101 as it now exists and enacting a new Section 32.101
as follows:
"Sec. 32.101. MECHANICAL CODE ADOPTED.
The Uniform Mechanical Code, 1991 Edition (herein called 'UMC')
as published by the International Conference of Building Officials,
shall be the Mechanical Code for the City of Ames, Iowa, except for
such modifications, additions or deletions as hereinafter enacted. The
Uniform Mechanical Code standards and the Uniform Building Code stan-
dards 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.
(Ord. No. 3197, Sec. 1, 9-24-92)"
Section Two. The Municipal Code of the City of Ames, Iowa is hereby
amended by repealing Section 32.103 as it now exists and enacting a new Section
32.103 as follows:
"Sec. 32.103. BOARD OF APPEALS.
Delete Section 203 and insert in lieu thereof the following:
(1) Mechanical Board Created; Membership, Appointment; Quorum;
Authority. There is hereby created a Mechanical Code Board of
Appeals, of three (3) members, at least one of who shall be jour-
neyman level (4 years experience) in residential mechanical sys-
tems, one of who shall be a journeyman level (4 years experience)
in commercial mechanical systems, and the third member shall be a
journeyman level (4 years experience) in either residential or
commercial mechanical systems or shall have professional teaching
experience or study in mechanical systems, appointed by the may-
or and approved by the city council. Only one (1) employee,
associate or representative per business or firm shall be on the
Board at one time. Two (2) of the voting board members shall
constitute a quorum for the transaction of business. The mechani-
cal inspector employed by the city and one person from the Build-
ing Code Board of Appeals shall be members ex officio of the
Board without voting power.
1 Mar. 19, 1993
(2) Records of Board Proceedings. A record of all proceedings of the
Board shall be kept which shall set forth the issues or requests
submitted to the Board, the reasons for the Board's Decisions, the
vote of each member, the absence of a member, and any failure of
a member to vote.
(3) Authority of Board. The Board has the responsibility and authori-
ty to:
(a) Approve areas to be administered.
(b) Act as a Board of appeals to hear appeals from decisions of a
plumbing inspector when it is claimed that the true intent of
the plumbing code has been incorrectly interpreted, the
provisions of the code do not apply, or an equally good or
better form of construction can be allowed.
(c) The Board shall review proposed changes to this chapter
and make recommendation to the city council.
(d) The Board shall adopt, from time to time such rules and
regulations as it may deem necessary to carry into effect the
Board's duties as set out in this chapter.
The Board shall have no power to waive any provision of this code.
This subsection shall take effect June 1, 1993. Until that date, the
Building Code Board of Appeals shall exercise all powers of the Mechan-
ical Code Board of Appeals."
Section Three. The Municipal Code of the City of Ames, Iowa is hereby
amended by repealing Section 32.104 as it now exists and enacting a new Section
32.104 as follows:
"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:
(1) Registrations
(a) Registration Required: It shall be unlawful for any person,
firm, or corporation to erect, construct, enlarge, alter,
repair, move, improve, remove, convert, or demolish 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 registered with
the City to perform such work. Such person, firm or corpo-
ration 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.
(b) Information to be Provided: An applicant for registration
under this section shall provide to the Plumbing Inspector
the following information:
2 Mar. 19, 1993
(i) The complete name, complete mailing address, street
address and telephone number of the firm or corpora-
tion.
(ii) 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.
(iii) The name, position and private mailing address of a
person who is authorized to bind the firm in legal
agreements.
(iv) If the registration is to be as an individual only, the
name and mailing address, street address and home
and work telephone number of the individual.
(v) The State Division of Labor registration number.
(vi) Other pertinent information deemed necessary by the
Mechanical Inspector.
Every registrant shall provide accurate information on
the registration application. The Mechanical Contrac-
tor, if an individual, or the principal manager of the
Mechanical Contracting firm, shall come into the In-
spection office to register in person each year. Any
changes in that information shall be reported to the
office of the Mechanical Inspector within ten (10) days
from the date the information previously supplied has
become inaccurate for any reason.
(c) Insurance Required. Every Registrant shall carry Contrac-
tor's commercial general liability insurance in not less than
$500,000 Combined Single Limit, and shall provide proof of
coverage to the Mechanical Inspector before registration.
(i) State Registration. Proof of state registration is
required at the time of registration with the City.
EXEMPTION: When registrant is the property owner,
proof of general liability insurance coverage of
$500,000 is required in lieu of contractors commercial
liability coverage and no state registration number is
required.
(d) Mechanical Inspector Shall Respond: After application for
registration has been received by the Mechanical Inspector,
the Mechanical Inspector shall act promptly to issue the
registration or to determine on what basis the registration
may not be issued. The Mechanical Inspector shall so re-
spond not later than two weeks following application.
(e) Expiration and Renewal of Registration: Registration shall
expire annually on January 1, and may be reactivated so
3 Mar. 19, 1993
long as the registration information remains accurate and
proof of continued liability coverage is submitted.
(f) Transfer of Registration Prohibited: No Registrant shall
allow his/her registration, by name or other identification,
to be transferred, assigned or used in any manner, directly
or indirectly, or for any purpose, by any person, firm or
corporation other than the one to whom it was issued by the
Mechanical Inspector
(g) Registration Suspended: The Mechanical Code Board of Ap-
peals shall have the authority to suspend any registration
issued under this section for any of the following acts by
the Registrant:
(i) continued work after the issuance of a Stop Order.
(ii) initiating work in violation of the Board's decision or
prior to the Board's decision.
(iii) causing or permitting the unauthorized or prohibited
use of a valid registration, by Registrant or another,
such as to allow the rights and privileges of registra-
tion to be applied to one not duly registered.
(iv) judgment entry of two (2) violations of any of the
provisions of the Mechanical 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
renewal fee, if it has become due in the interim, the
suspended registration shall again become valid and
effective.
(h) Registration Revoked: The Mechanical Code Board of Ap-
peals shall have the authority to revoke any registration
issued under this section for:
(i) a violation constituting the practice of any fraud or
deceit in securing (a) a registration for Registrant or
another or (b) a permit.
(ii) judgment entry of three (3) violations of the Mechani-
cal 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.
4 Mar. 19, 1993
(i) 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 person. 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 Registrant by registered mail at least fif-
teen (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 his/her defense to
the Board. The City Attorney shall provide 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 re-
sulting 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.
(j) Exemption for Homeowner: No such registration procedure
shall be required for alteration or repair work to be per-
formed on a single family residential structure when the per-
son performing the alteration or repair work is the owner of
the structure, and has his/her 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.
(Ord. No. 3197, Sec. 1, 9-24-92)"
Section Four. The Municipal Code of the City of Ames, Iowa is hereby
amended by repealing Subsection 32.105(3) as it now exists and enacting a new
Subsection 32.105(3) as follows:
"Sec. 32.105. PERMITS.
(3) Plans and Specifications. Plans, engineering calculations, dia-
grams 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 10,000 square feet or more than one
story. The computations and specifications are to be prepared
and designed by an engineer licensed by the state to practice as
such.
The building official may require the submission of plans, calcula-
tions or other data if he/she finds that the nature of the work
5 Mar. 19, 1993
applied for is such that reviewing of plans is necessary to obtain
compliance with this code.
Residential permits and interior finish permits need not be accom-
panied by plans unless specifically requested by the building
official.
(a) Information on Plans and Specifications. Plans and specifi-
cations shall be drawn to scale upon substantial paper or
cloth and shall be of sufficient 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."
Section Five. Violation of the provisions of this ordinance shall constitute
a municipal infraction, punishable as set out in Section 1.9, Ames Municipal Code.
Section Six. All ordinances or parts of ordinances in conflict herewith
shall be repealed to the extent of such conflict if any.
Section Seven. This ordinance shall be in full force and effect on April 1,
1993, after its passage and publication as required by law.
Passed this 23rd day of March 1993.
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Sandra L. Ryan, City Clerk Larry R Curtis, Mayor
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6 Mar. 19, 1993