HomeMy WebLinkAbout~Master - Adopting revisions to the Rental Housing Code (Chapter 13) e
ORDINANCE NO.4067
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
AMES, IOWA, BY REPEALING SECTIONS 13.108(1)(a)(b)(c)(d)(e),
13.301(6), 13.302(7), 13.403(1)(b), 13.403(1)(d), 13.406(8)(b), 13.407(3),
13.602(3), 13.702(6)(d), 13.802(4); AMENDING SECTION 13.201 AND
ENACTINGNEW SECTIONS 13.108(1)(a)(b)(c)(d)(e),13.301(6),13.301(10),
13.403(1)(b), 13.406(8)(b), 13.407(3), 13.600(4), 13.602(3), 13.702(6)(d),
13.802(4) THEREOF, FOR THE PURPOSE OF RENTAL HOUSING
PROVISIONS; REPEALING ANY AND ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH
CONFLICT; PROVIDING A PENALTY; AND ESTABLISHING AN
EFFECTIVE DATE.
BE IT ENACTED,by the City Council for the City of Ames,Iowa,that:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by
repealing Section 13.108(1)and enacting a new Section 13.108(1)as follows:
"Sec.13.108. MEANS OF APPEAL.
(1) Application for Appeal.
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.Appeals shall be heard by the Property Maintenance Appeals Board.An appeal request shall be made
in writing and be filed no later than 30 days after the date of the inspection deficiency letter.An application for appeal
shall be based on the claim that:
(a) the true intent of this Code or the rules legally adopted hereunder have been incorrectly
interpreted;or
(b) the provisions of this code do not fully apply;or
(c) the requirements of this code are adequately satisfied by other means, and the specific
proposed alternative action will provide an equivalent degree of code compliance;or
(d) there are specific fixed conditions that make strict compliance with this Code impracticable;
or
(e) required actions cannot be completed within the time limit specified by the Building Official.
Section Two. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by
adding to the existing list of definitions as published in Section 13.201. TERMS DEFINED, a definition of
"Administrative Approvals":
ADMINISTRATIVE APPROVALS. A code interpretation by the Building Official conveyed in writing to the
property owner and kept on record in the City Clerk's office.
Section Three. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by
repealing Section 13.301(6)and enacting a new Section 13.301(6)as follows:
Sec.13.301. LETTER OF COMPLIANCE(LOC).
(6) Expiration.
A Letter of Compliance issued shall be effective until:
(a) its noted expiration date,or
(b) it is revoked by the Building Official.
Section Four. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by
enacting a new Section 13.301(10).
(10) Transitional Letter of Compliance.
A Transitional Letter of Compliance may be issued for a property which the owner is seeking to rent, if all of the
following conditions apply:
(a) After initial inspection,it is determined that the property is not compliant with the
Rental Housing Code provisions;and
t
(b) There are no life safety code violations present that constitute an immediate danger
to occupants; and
(c) One of the following conditions shall exist:
(i) The unit is to be used for less than one year as a rental unit;or
(ii) The unit is for sale and rental is temporary until sale occurs;or
(iii) The unit was previously a registered rental unit and is
in the process of being brought into code compliance.
A Transitional Letter of Compliance shall be in effect for a maximum of one year.
Section Five. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by
repealing Section 13.302(7)Transfer of Ownership.
Section Six. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by
repealing Section 13.403(1)(b)and enacting a new Section 13.403(1)(b)as follows:
Sec. 13.403. PRIOR APPROVALS SHALL NOT CONTINUE—CONDITIONS.
(1) General.
The Building Official shall not provide continued approval of the following pre-existing conditions beyond the time
limits stated for compliance as stated below,or elsewhere in this Code.
(b) Gas fired appliances.
Furnaces and water heaters shall not be located in, or open directly into a bedroom or bathroom. Such pre-existing
conditions must be corrected upon notification by the Building Official.
Exception:Direct-vent appliances that obtain all combustion air directly from outdoors.Such appliances may be located
in an adjacent room when there is a solid wall and door separating the bedroom or bathroom from the room in which
the appliance is located. The wall must prevent the passage of air from one room to the other.The door or door frame
must be furnished with gasketing or weatherstripping along the sides and top to prevent passage of air through the
doorway,and a snug fitting threshold must be provided.
Section Seven. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by
repealing Section 13.403(1)(d),Driveway Approaches.
Section Eight. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by
repealing Section 13.406(8)(b)and enacting a new Section 13.406(8)(b)as follows:
Sec. 13.406. EXTERIOR PROPERTY AREAS.
(8) Approval of pre-existing parking areas.
The continued use of pre-existing noncompliant parking areas may be approved provided:
(b)Such approved pre-existing parking area may not be increased unless such increase is in compliance with
requirements of this section for new parking areas.
Section Nine. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by
repealing Section 13.407(3)and enacting a new Section 13.407(3)as follows:
Sec. 13.407. EXTERIOR STRUCTURE.
(3) Protective treatment-paint.
All exterior surfaces, including but not limited to doors,door and window frames, cornices,porches,trim,balconies,
decks and fences shall be maintained in good condition.Exterior wood surfaces,other than decay-resistant woods,shall
be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and
chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the
building envelope and the perimeter of windows,doors,and skylights shall be maintained weather resistant and water
tight.All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces
with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Surfaces designed for
stabilization by oxidation are exempt from this requirement.
Section Ten. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by
enacting a new Section 13.600(4)as follows:
See. 13.600. RESPONSIBILITY.
(4) Pre-existing Plumbing Items
Plumbing systems lawfully in existence at the time of adoption of this code may have their use,maintenance,or repair
continued if the use,maintenance,or repair is in accordance with the original design and location and no hazard to life,
health,or property has been created by such plumbing system. [2009 UPC Section 101.5.3]
Exceptions;
(a) The following specific pre-existing unlawful plumbing items shall be noted on the inspection
report but shall not prevent the issuance of a letter of compliance as long as maintained in a manner which
is safe and sanitary.
(i) Stand pipes for washing machines without a visible trap; Drainage of existing basement
showers,washing machines,laundry tubs,or utility sinks across the surface of a basement floor to an existing floor drain;
Existing auto vents;and toilets,showers,tubs,and sinks located in bathrooms with less clearance than required by the
UPC;
(ii) existing S traps,provided however,that such unlawful traps shall be replaced by a trap and
vent system that complies with the current Ames Plumbing Code no later than July 1,2016.
Section Eleven. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by
repealing Section 13.602(3)and enacting a new Section 13.602(3)as follows:
Sec. 13.602. TOILET ROOMS.
(3) Floor surface.
Every toilet room floor shall be a hard,nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary
condition.
Exception:
Existing carpet which is not in an unsanitary condition shall be a noted inspection item that will not prevent issuance
of a letter of compliance.Such carpeting must be removed and a hard nonabsorbent floor surface shall be provided not
later than the next regularly scheduled inspection.This exception shall not prohibit an inspector from requiring removal
of an unsanitary carpet and compliance with this standard within 30 days of notice.
Section Twelve. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by
repealing Section 13.702(6)(d)and enacting a new Section 13.702(6)(d)as follows:
Sec.13.702. MECHANICAL EQUIPMENT.
(6)Furnaces/re-circulated ventilation air.
The use of a single furnace serving multiple dwelling units within an existing registered rental structure where air is
circulated through more than one unit may continue,provided:
(a) The owner/manager makes application for approval of the pre-existing condition to the
Building Official within thirty days of notification of the condition by the Building Official.
(b) The owner/manager discloses existence of the shared furnace in the lease and acceptance is
initialed by the tenant;
(c) The owner/manager discloses existence of a shared thermostat in the lease and acceptance
is initialed by the tenant;
(d) The owner/managerobtains an annual furnace safety inspection and written certification,from
a licensed mechanical contractor,of all shared furnaces more than 5 years of age.Certification of furnaces less than 5
years of age may be required by the Building Official for due cause.
(e) When the single furnace is replaced,it must be brought into compliance with current codes
regulating:
(i)exhaust system;
(ii)fuel gas piping;
(iii)electrical supply;
(iv)ventilation air;
and other relevant provisions of the electrical,mechanical,fuel gas,and plumbing codes.
(f) A carbon monoxide detector must be provided within the vicinity of the furnace,as specified
by the manufacturer. Recirculation of air between dwelling units and common areas is not prohibited by this Code.
Approval of this pre-existing condition is transferable from one owner to another,provided compliance with this all
conditions of this section us maintained continuously.Failure to maintain continuous compliance with this section will
result in termination of approval, and will require compliance with current mechanical code provisions, following
appropriate notification and hearing procedures of this Code.Approval of pre-existing conditions will not be granted
to new rental registration applications for duplex or multifamily dwellings.
Section Thirteen. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by
repealing Section 13.802(4)and enacting a new Section 13.802(4)as follows:
Sec. 13.802. FIRE PROTECTION SYSTEMS.
(4) Emergency access key boxes(Knox boxes).
Key boxes,for emergency Fire Department use,shall be installed in multi-family apartment buildings, at entry points
as specified by the Fire Chief or designee.Key boxes shall be of an approved type and shall contain keys to provide
necessary access to rooms and areas as required by the Fire Chief or designee. The operator of the building shall
immediately notify the Fire Chief or designee,and provide a new key whenever any lock is changed or rekeyed.The
new key to such lock shall be secured in the key box,and the old key shall be removed.
This requirement shall apply to all new apartment buildings of six dwelling units or more.
All existing apartment buildings of six dwelling units or more with a common entrance capable of being locked shall
comply with this requirement not later than July 1,2012.
Section Fourteen.Violation ofthe provisions ofthis ordinance shall constitute a municipal infractionpunishable
as set out by law.
Section Fifteen. All ordinances,or parts of ordinances,in conflict herewith are hereby repealed to the extent
of such conflict,if any.
Section Sixteen. This ordinance shall be in full force and effect from and after its passage and publication as
required by law.
Passed this 24"' day of Mav , 2011 .
Diane R.Voss,City Clerk Ann H. Campbell,Mayor