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HomeMy WebLinkAboutA004 - Memo from Legal Department with corrections to proposed ordinance memo Legal Department Caring People Quality Programs &'rrvn�i..nl.Cv ry iry TO: Mayor Campbell and Members of City Council FROM: Judy Parks, Assistant City Attorney DATE: August 10, 2010 SUBJECT: Corrections to Proposed Ordinance on Adoption of International Building Codes With this memorandum please find two corrections to the proposed ordinance you have received to adopt the 2009 International Building Codes. The first is a single page that has a correction to proposed section 5.100(7)(b), which corrects the section of the Iowa Code referenced therein from 104A.1 to 103A.1. It can replace the second page of the proposed ordinance you've received. The second correction is to Division VI—Building Board of Appeals. The trade boards had recommended some changes to its composition as that board folds in the duties related to the various trades, and their recommendations were not reflected in the proposed ordinance you received. You have been provided with a complete copy of Division VI which will rename and replace the current Division VI. You have been provided a complete copy of Division VI and since it was omitted from the earlier version, it is in addition to the proposed ordinance you had received. 32440 Sec. 5.100. TITLE&ADOPTION. (Continued from previous page) of detached one-and two-family dwellings and townhouses not more than three stories above-grade in height with a separate means of egress and their accessory structures. (7) Accessibility.The provisions of Chapter 11 of the 2009 International Building Code,and by reference, American National Standards Institute(ANSI)Standard A117.1-2003,entitled Accessible and Usable Buildings and Facilities,2003 edition,as adopted in this code,shall apply to the design and construction of all public and private buildings intended for use by the general public,and multiple-unit dwellings with four or more units,including site elements and features. Exception: (a) This standard does not apply to single family dwellings or apartment buildings with less than four individual dwelling units. (b) Any building or facility which is in compliance with the applicable requirements of State of Iowa Code Chapter 103A.7,and Administrative Rule 661-Chapter 302 shall be considered in compliance with this code. (8) Energy.The provisions of the State of Iowa Energy Code shall apply to all matters governing the design and construction of buildings for energy efficiency. (9) Existing Buildings. The provisions of the 2009 International Existing Building Code(IEBC),as adopted and amended in this code,shall be an acceptable code compliance standard for repair,alteration,change of occupancy,addition,and relocation of existing buildings. (10) Fire prevention. The provisions of the 2009 International Fire Code(IFC),as adopted and amended in Chapter 8 of the Ames Municipal Code,shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage,handling or use of structures, materials or devices;from conditions hazardous to life,property or public welfare in the occupancy of structures or premises;and from the construction,extension,repair,alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. (11) Electrical. The 2008 National Electric Code,as adopted by the Iowa Electrical Examining Board, and published by the National Fire Protection Association,Quincy,Massachusetts,is hereby adopted as the electrical code of the City of Ames and shall govern electrical work and installations in the City of Ames,except for such specific,higher standards and requirements as have been or may from time to time be enacted by the City of Ames. Violations of the standards of said rules,or failure to comply with the provisions of said rules shall,when occurring within the jurisdiction of the City of Ames,constitute an offense against the City of Ames. (12) Mechanical. The provisions of the 2009 International Mechanical Code(IMC),as adopted and amended in this code,shall apply to the installation,alteration,repair and replacement of mechanical systems, including equipment,appliances,fixtures,fittings and/or appurtenances,including ventilating,heating,cooling,air- conditioning and refrigeration systems,incinerators and other energy-related systems. Exception: one and two family dwellings shall comply with the International Residential Code. (13) Plumbing.The provisions of the 2009 Uniform Plumbing Code(UPC),except for the deletion of Chapter 16;and with the addition of Appendix A, Appendix B,and Appendix D, are hereby adopted and designated,together with and subject to the additions,deletions,and modifications hereinafter stated in the amendments to this code,shall apply to the installation,alteration,repair and replacement of plumbing systems, including equipment,appliances,fixtures,fittings and appurtenances,all aspects of a medical gas system,and fuel gas piping. (14) Gas.The provisions of the 2009 International Fuel Gas Code(IFGC),as adopted and amended in this code,shall apply to the installation of gas piping from the point of delivery,gas appliances and related accessories as covered in this code.These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories.Exception: one and two family dwellings shall comply with the International Residential Code. DIVISION VI MEANS OF APPEAL Sec.5.600. BUILDING BOARD OF APPEALS. There is established a Building Board of Appeals to hear appeals of persons in matters of building construction,safety and code compliance within the scope of the building,electrical,mechanical,and plumbing codes as adopted by the City of Ames. Sec.5.601. APPEAL APPLICATION. Any person directly affected by a decision of the Building Official or a notice or order issued under this code shall have the right to appeal.That appeal shall be heard by the Building Board of Appeals.An appeal shall be made in writing and be filed no later than 20 days after the date of the notice.An application for appeal shall be based on a claim that: (1)the true intent of this Code or the rules legally adopted hereunder have been incorrectly interpreted,or (2) the provisions of this Code do not fully apply,or (3)the requirements of this Code are adequately satisfied by other means,and the specific proposed alternative action will increase the degree of general code compliance of the specific system or the building and premises,or (4)there are specific fixed conditions that make strict compliance with this Code impracticable,or (5)required actions cannot be completed within the time limit specified by the Building Official Sec.5.602. BOARD MEMBERSHIP AND APPOINTMENT. (1)The Board shall consist of seven members who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the City of Ames.The Building Official shall be an ex-officio member but shall have no vote on any matter before the Board.The Board shall be appointed and shall serve terms in accord with established procedures. (2)Board members shall be appointed by the Mayor with the approval of the City Council.The term of office shall be for three (3) years, except for the terms of office for the Board when initially established. The Mayor may prescribe a shorter than a full term of appointment in order to stagger terms.No member who has served two(2)full consecutive terms is eligible for reappointment. (3)Membership shall consist of- 1 licensed architect 1 professional engineer 1 general contractor 1 homebuilder 1 licensed journeyperson or master electrician,or electrical contractor 1 licensed journeyperson or master plumber,or plumbing contractor 1 licensed master hvac technician,or mechanical contractor Sec.5.603. BOARD CHAIRPERSON. The Board shall annually elect one of its members to serve as chairperson. Sec.5.604. CONFLICT OF INTEREST. A member shall not hear an appeal in which the member or immediate family member has a personal,professional or financial interest. Sec.5.605. BOARD RECORDS. The Building Official shall designate a qualified person to serve as secretary to the Board. The secretary shall file a detailed record of all proceedings in the offices of the Inspection Division and the City Clerk. Sec.5.606. MEMBER COMPENSATION. Members shall receive no compensation. Sec.5.607. MEETING SCHEDULE. The Board shall meet upon notice from the Building Official within 20 days of the filing of an appeal, or at stated periodic dates. An appellant may waive a timely hearing by filing a written waiver explaining the cause for seeking a delay. Sec.5.608. OPEN MEETINGS. The Board shall adopt and make available to the public,procedures under which hearings will be conducted. Sec.5.609. BOARD AUTHORITY. The Board has authority to affirm,modify or reverse the decision of the Building Official. Sec.5.610. ACTION ON BOARD DECISION. The Building Official shall take prompt action in accordance with the decision of the Board. Sec.5.611. STAY OF ENFORCEMENT. Appeal of a notice and order(other than an Imminent Danger notice)shall stay enforcement of the notice and order until the appeal is heard by the Board. Sec.5.612. CODE AMENDMENTS. (1) Authority-The Board of Appeals may recommend revisions to this Code. (2) General-The model codes adopted in this chapter shall be retained in their entirety,unless compelling factual evidence indicates that deviation from them is necessary to accomplish the objective of the codes. Local geographic and climatic conditions, for example, require local modification of structural design parameters, and are included in this code. (3) Process - Proposed revisions are subject to public hearing and action at the Board level, followed by Council discussion,public hearing,and action.