ORDINANCE NO. 750

     BE IT ENACTED by the City Council of the City of Sergeant Bluff, Iowa:

     SECTION 1.    CHAPTER 156 MODIFIED.  Chapter 156 of the Code of Ordinances of the City of Sergeant Bluff, Iowa, is repealed and the following adopted in lieu thereof:  

    CHAPTER 156

    BUILDING CODES

156.01 Adoption of Building Code156.06 Adoption of Electrical Code

156.02 Amendments to the Building Code156.07 Electrical Permit Fee Schedule

156.03 Building Permit Fees156.08 Adoption of Mechanical Code and Fuel Gas Code

156.04 Adoption of Plumbing Code156.09 Mechanical Permit Fee Schedule

156.05 Plumbing Permit Fee Schedule156.10 Adoption of Energy Code

156.01   ADOPTION OF BUILDING CODE.

    The 2021 Edition of the International Building Code (IBC), 2021 Edition of the International Residential Code (IRC), and the 2021 Edition of the International Existing Building Code (IEBC), published by the International Code Council (ICC) are hereby adopted by reference, except for such portions as are hereby modified herein. A copy of the IBC, IRC and IEBC are available for public reference in the office of Inspection Services Division. A copy of this chapter of the municipal code is available for public reference in the office of the city clerk. Where, in any specific case, this code requires different materials or methods of construction than any other code or ordinance also in effect, the most restrictive code requirement will govern.

    156.02   AMENDMENTS TO THE BUILDING CODE.

    The following sections and portions of the 2021 Edition of the International Building Code, 2021 Edition of the International Residential Code and the 2021 Edition of International Existing Building Code are hereby amended, deleted, modified or added from the code as follows:

    1.   Section 101.1, R101.1 and A101.1 Title – “Name of Jurisdiction” shall be replaced with “City of Sergeant Bluff, Iowa”.

    2.   Section 103.1, R103.1 and A103.1 Creation of enforcement agency – “Department of Building Safety” shall be replaced with “Inspection Services Department” and the title “building official” as used in this chapter shall be “City Inspector” and shall be considered synonymous and may be used interchangeably.

    3.   Section R105.2(1) shall be deleted and replaced with: One story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 150 square feet.

    4.   Sections R105.2(2), (4) and (5) shall be deleted.

    5. Section R105.2(10) shall be deleted and replaced with: Decks not exceeding 150 square feet in area, that are not more than 30 inches above grade at any point, are not attached to a dwelling, and do not serve the exit door required by Section R311.4.

    6.   Section 109.6 and R108.5 Refunds – is deleted.

    7.   Section 113 and R112 Board of Appeals – All references to the “Board of Appeals” shall be replaced with “Building and Housing Code Board”.

    8.   Section R302.1 Exterior Walls – Exception 3 is amended to read: Detached garages accessory to a dwelling are not required to provide wall protection when the building area does not exceed 1000 square feet and the exterior wall is located not less than 5 feet from the property line.

    9.   Section R310.1 Emergency Escape and Rescue Required - is amended as follows: basements and every sleeping room shall have at least one operable emergency and rescue opening. Such opening shall open directly into a public street, public alley, yard or court. Where basements contain one or more sleeping rooms, emergency egress and rescue openings shall be required in each sleeping room but shall not be required in adjoining areas of the basement. Where emergency escape and rescue openings are provided, they shall have a sill height of not more than 44 inches (1118 mm) above an adjacent permanent interior standing surface. The adjacent permanent interior standing surface shall be no less than 36 inches wide and 18 inches deep and no more than 24 inches high. Where a door is provided as the required emergency escape and rescue opening, it shall be a side-hinged door or a slider. Where the opening is below the adjacent grade, it shall be provided with an area well in accordance with Section R310.3.2. The net clear opening dimensions required by this section shall be obtained by the normal operation of the emergency escape and rescue opening from the inside. Emergency escape and rescue openings with a finished sill height below the adjacent ground elevation shall be provided with a window well in accordance with section R310.2. Emergency escape and rescue openings shall open directly into a public way, or to a yard or court that opens to a public way.

    EXCEPTION: Basements used only to house mechanical equipment and not exceeding total floor area of 200 square feet (18.58 m 2 ).

    10.   Delete sections R302.13, R309.5 and R313.1 through R313.2. NOTE: Deletion of section R313.1, which would have required the installation of sprinklers in newly constructed town houses. Deletion of section R313.2, which would have required the installation of sprinklers in newly constructed one-and two-family residences.

    11.   Section 903.4.2 Alarms - is amended to read: Approved audible devices shall be connected to every automatic sprinkler system. Such sprinkler water flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Alarm devices shall be provided on the exterior of the building in an approved location. Approved audible visual alarms to alert the occupants of the building shall be installed throughout the building in accordance with NFPA 72 and as required by the authority having jurisdiction. Where a fire alarm system is installed, activation of the automatic sprinkler system shall activate the buildings fire alarm system.

    12.Delete sections R303.4 and M1505.3 relating to whole house ventilation systems.

    13.Table R301.2(1) Climatic and Geographic Design Criteria – is amended by inserting the following climate and geographical design criteria. The following Table shall be applicable to the General Design Requirements of the 2021 IRC and 2021 IBC. 

    Table R403.1 Minimum Width of Concrete or Masonry Footings – all tables shall be replaced with the following: 

any person(s) from fully complying with the requirements of this chapter in the execution of the work nor from any other penalties prescribed herein.

    4.   Refund of Permit Fees. If, within sixty days of the date of issuance, the holder of a building permit decides not to build the structure described in said permit, the holder may, upon application to the City Inspector, be refunded that portion of the building permit fee which is in excess of minimum administrative charge as set out in the Council’s annual resolution. 

    5.   Refund of Plan Review. If a building permit is not subsequently obtained after approval of the plan by the City Inspector, there shall be no refund of the plan review fees.

    6.   Re-inspection Fees. Where an additional inspection is required due to deficiencies found on a regular inspection, the permit holder will be assessed a fee for each re-inspection as specified in the Council’s annual resolution. 

    156.04   ADOPTION OF PLUMBING CODE.

    The 2021 Edition of the Uniform Plumbing Code (UPC) published by the International Association of Plumbing and Mechanical Officials (IAPMO) is hereby adopted by reference, except for such portions as are modified herein and amended and adopted by the State of Iowa, except for Amendment 25.4(10). Where, in any specific case, this code requires different materials or methods of construction than any other code or ordinance also in effect, the most restrictive code requirement will govern. A copy of the 2021 UPC is available for public reference in the office of the City Inspector. The following sections of the 2021 UPC are hereby amended, deleted, modified, or added to code as follows:

    1.   Delete Section 109 Fees – Plumbing Plan Review and Permit Fees shall be defined under Section 156.05 of the City’s Code of Ordinances and the permit fee schedules adopted annually by the Council’s resolution.

    2.   The following structures and systems are exempt from this ordinance:

      A.   Federally-owned buildings; 

      B.   State or county-owned buildings;

      C.   Public utilities owned systems;

      D.   US Housing and Urban Development (H.U.D.) certified manufactured and modular buildings;

      E.   City-owned water system;

      F.   City-owned sanitary sewer system;

      G.   City-owned storm sewer system; and

      H.   Manufacturing or testing of plumbing fixtures or equipment in factories.

    .05   PLUMBING PERMIT FEES. 

    1.   Plumbing Permits Required. When not issued in conjunction with a building permit otherwise required, plumbing permits may be required and issued to homeowners, commercial building owners, or contractors.

    2.   Plumbing Permit Fees. The Council shall annually set fees by resolution for all plumbing permit fees not issued in conjunction with a building permit. Said fees shall be based upon such factors and in such amounts as recommended by the City Inspector and City Administrator. 

    3.   Additional Fees for Inspection and Plan Review. When required for permits, additional inspections and additional plan review will be charged additional fees as set out in the Council’s annual resolution. 

    4.   Commencing Work Without a Permit. Except in emergency situations, as determined by the City Inspector, where work for which a plumbing permit is required by this chapter is started or proceeded with prior to obtaining a permit, the regular fees for such work as specified in the Council’s annual resolution or assessed by the City Inspector shall be doubled. The payment of such double fees shall not relieve any person(s) from fully complying with the requirements of this chapter in the execution of the work nor from any other penalties prescribed herein.

    156.06   ADOPTION OF ELECTRICAL CODE.

    The 2020 Edition of the National Electric Code (NEC) published by the National Fire Protection Association (NFPA) is hereby adopted by reference, except for such portions as are hereby modified herein. Where, in any specific case, this code requires different materials or methods of construction than any other code or ordinance in effect, the most restrictive code requirements will govern. A copy of the NEC is available for public reference in the office of the City Inspector.

    156.07   ELECTRICAL PERMIT FEES. 

    1.   Electrical Permits Required. When not issued in conjunction with a building permit otherwise required, electrical permits may be required and issued to homeowners, commercial building owners, or contractors. 

    2.   Electrical Permit Fee. The Council shall annually set fees by resolution for all electrical permit fees when not issued in conjunction with a building permit. Said fees shall be based upon such factors and in such amounts as recommended by the City Inspector and City Administrator.

    3.   Additional Fees for Inspection and Plan Review. When required for the above permits, additional inspections and additional plan review will be charged additional fees as set out in the Council’s annual resolution. 

    4. Electrical Permit Jurisdiction.  Depending on the status of the residential and commercial electrical certifications of the City Inspector, the homeowner, commercial building owner, or contractor may be required to obtain an electrical permit from the State of Iowa Department of Inspections, Appeals and Licensing rather than from the City Inspector. Upon application to the City, if the State of Iowa’s jurisdiction applies, the City Inspector will advise of permit requirements. 

    156.08   ADOPTION OF MECHANICAL CODE AND FUEL GAS CODE.

    The 2021 Edition of the International Mechanical Code (IMC) and the 2021 Edition of the International Fuel Gas Code (IFGC), published by the International Code Council (ICC) are hereby adopted by reference, except for such portions as are modified herein. Where, in any specific case, this code requires different materials or methods of construction than any other code or ordinance in effect, the most restrictive code requirements will govern. A copy of the 2021 IMC and IFGC are available for public reference in the office of the City Inspector. The following sections and subsections appearing in the 2021 IMC and IFGC shall be amended or deleted from the code as follows:

    1.   Section 101.1 Title – “Name of Jurisdiction” shall be replaced with “City of Sergeant Bluff, Iowa.”

    2.   Section 103  Code Compliance Agency– is hereby deleted.

    3.   Section  109 (IMC) and  109 (IFGC) – FEES and associated subsections – are hereby deleted. Mechanical Plan Review and Permit Fees shall be defined under Section 156.09 of the City’s Code of Ordinances and as set out in the Council’s annual resolution. 

    4. Section 113 (IMC) and IFGC) - Means of Appeal – deleted.

    5.    Section 115.4 (IMC) and (IFGC) -  Violation Penalties – deleted.

    6.    Section 116 (IMC and (IFGC) - Stop Work Orders – deleted. 

    7.   All references to the International Plumbing Code shall be replaced with “adopted Plumbing Code”.

    8.   All references to the ICC Electrical Code shall be replaced with “adopted Electrical Code”.

    156.09   MECHANICAL PERMIT FEE SCHEDULE.

    1.   Mechanical Permits Required.  When not issued in conjunction with a building permit otherwise required, mechanical permits may be required and issued to homeowners, commercial building owners, or contractors.

    2.   Mechanical Permit Fee.  The Council shall annually set fees by resolution for all mechanical permit fees when not issued in conjunction with a building permit. Said fees shall be based upon such factors and in such amounts as recommended by the City Inspector and City Administrator.   

    3.   Additional Fees for Inspection and Plan Review. When required for above permits, additional inspections  and additional plan review will be charged additional fees as set out in the Council’s annual resolution.  

    156.10   ADOPTION OF ENERGY CODE.

    The 2012 Edition of the International Energy Conservation Code is hereby adopted by reference, except for such portions as are amended and adopted by the State of Iowa. Where, in any specific case, this code requires different materials or methods of construction than any other code or ordinance also in effect, the most restrictive code requirement will govern. A copy of the 2012 International Energy Conservation Code is available for public reference in the office of the City Inspector.

    SECTION 2.  REPEALER.  All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.  In all other respects, The Code of Ordinances of the City of Sergeant Bluff shall remain in effect.  

    SECTION 3.   SEVERABILITY.

    If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.  

    SECTION 4.   EFFECTIVE DATE.  This ordinance shall be in effect from and after its final passage, approval, and publication as provided by law.  

    Passed by the City Council of the City of Sergeant Bluff on the 11th day of June, 2024, and approved this 11th day of June, 2024.

MAYOR/MAYOR PRO TEM

Attest:

CITY CLERK 

    First Reading:May 14, 2024Vote for passage:  4-0

    Second Reading: May 28, 2024Vote for passage:  5-0

    Third Reading: June 11, 2024Vote for passage:  5-0

    Passed, Approved, and Adopted 

11th day of June 2024.

I, Danny Christoffers, City Clerk, certify that the foregoing was published as Ordinance No. 750 on the 20th day of June, 2024.

CITY CLERK