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1 CHAPTER 47 DALLAS COUNTY, IOWA TITLE V – PROPERTY AND LAND USE CHAPTER 47 DALLAS COUNTY CONSTRUCTION CODE 47.1 Purpose and Scope 47.6 Records 47.2 Codes Adopted by 47.7 Debris Reference and Amendments 47.8 Utilities 47.3 Permits 47.9 Powers and Duties of 47.4 Inspections and Investigations The Building Official 47.5 Occupancy 47.1.1 Title This Code shall be known and may be cited as the “Dallas County Construction Code”, except as referred to herein, where it shall be known as “this Code”. 47.1.2 Permit Required No person shall undertake any development activity subject to this Code without first obtaining a permit from the Building Official. 47.1.3 Purpose The purpose of this Code is to provide minimum standards for the protection and safeguard of life and limb, health, property and the general public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings, structures and domiciles and certain equipment specifically regulated therein within unincorporated Dallas County. 47.1.4 Enactment and Effective Date This Code is hereby adopted and shall become effective on January 30, 2008. 47.1.5 Interpretation In interpretation and application of this Code, all provisions shall be considered to be minimum requirements and deemed neither to limit nor repeal any other powers granted under state statutes. If any federal or state law or other existing Code or regulation allows lesser regulation, this Code shall govern; if any federal or state law or other ordinance requires greater ---PAGE BREAK--- CHAPTER 47 DALLAS COUNTY, IOWA regulation, the regulations imposed by that authority shall govern. Regardless of any provision of this Code, no land shall be developed or used in violation of state or federal law. 47.1.6 Abrogation This Code is not intended to repeal, abrogate, annul, impair or interfere with any existing public or private easements, covenants, deed restrictions, agreements, rules, regulations, or permits previously adopted or issued pursuant to law. 47.1.7 Severability Should a court of competent jurisdiction hold any article, sentence, clause, phrase, or word of this Code invalid; such decision shall not affect, impair, or invalidate the remaining parts of this Code which can be given effect without the invalid provision. 47.1.8 Saving Provision This Code shall not be construed: as abating any action now pending under prior existing subdivision regulations; or as discontinuing, abating, modifying any penalty pursuant thereto; or as affecting the liability or rights of any person, firm or corporation; or as waiving or annulling any rights of the Jurisdiction existing at the time of adoption of this Code; except as expressly provided herein. 47.1.9 Repeal All ordinances, or portions thereof, of Dallas County, which relate to construction codes and are inconsistent with the provisions of this Code are hereby repealed to the extent of such inconsistency. 47.1.10 Amendments This Code may be amended by the Governing Body after public hearing as prescribed by law. 47.1.11 Limitations and Exemptions A. This ordinance is limited by Iowa Code § 331.304 and 331.304A as strictly and narrowly construed. As such this ordinance does not apply to the construction of farm houses or other farm buildings which are primarily adapted for use for agricultural ---PAGE BREAK--- 3 CHAPTER 47 DALLAS COUNTY, IOWA purposes, while so used or under construction for that use, an animal feeding operation, to an animal feeding operation structure or aerobic structure as defined in §459.102 of the Iowa Code. This ordinance is applicable to all other structures unless specifically exempted below. B. The following activities are exempt from Building permit requirements: 1. Fences not exceeding 6 feet in height, retaining walls less than 4 feet in height unless such wall supports an impoundment, and sidewalks or driveways not more than 30 inches above grade and not over a basement; 2. Water tanks less than 5,000 gallons, above ground prefabricated swimming pools less than 18 inches deep which are not emptied in a 24 hour period; 3. Cloth shade structures for nurseries, window awnings; 4. Temporary stage sets and scenery; 5. Playground equipment accessory to single family dwellings; 6. Moveable cases, counters, and partitions less than five feet nine inches in height; 7. Finish work to include painting, papering, tiling, carpeting, cabinets, and countertops. C. The following activities are exempt from Electrical, Gas, Mechanical, and Plumbing permit requirements: 1. Minor repair work to include lamp replacement and connection of approved electrical equipment; 2. Electrical equipment for radio and television transmissions, but not power supply, or towers or antennas; 3. Temporary system for testing or servicing electrical equipment; 4. Portable heating ventilating, or cooling equipment; 5. Minor part replacement which does not alter equipment approval or render it unsafe; 6. Portable evaporative cooler, or self-contained refrigeration unit with less than 10 pounds of refrigerant, and 1 or less horsepower motor; 7. Steam, hot or chilled water piping within regulated equipment if such equipment is built and inspected to industry standards; 8. Stopping leaks or clearing stoppages in drains, water soil, waste or vent piping, and removal and reinstallation of a water closet provided such work does not involve replacement or rearrangement of valves, traps, pipes or fixtures. D. The following repair work is exempt: 1. Emergency repairs when replacement and repair must take place under emergency conditions, provided a permit application is ---PAGE BREAK--- CHAPTER 47 DALLAS COUNTY, IOWA submitted the next working day. 2. Ordinary repairs. Structural alteration, walls, means of egress, or alteration replacement or relocation of water, sewer, drainage, gas, oil, soil, waste vent or similar piping, electrical wiring, mechanical or other equipment which may affect public health are not included as "ordinary repairs"and are not exempt from this ordiance; E. The following activities are exempt from grading permit requirements: 1. Excavation of not more than 4 vertical feet nor more than 500 cubic yards; 2. Fill of not more than 3 vertical feet nor more than 500 cubic yards; 3. Excavation, fill, or clearing of an area less than 5000 square feet; 4. In the operation of fighting fires; 5. For stockpiling soil, sand, stone, asphalt, gravel and other materials in material processing plants, and storage yards pursuant to an approved site plan; 6. For mines, and quarries operating pursuant to county, state and/or federal permits; 7. For landfills and other activities for which there is exclusive state or federal jurisdiction. 47.1.12 Administrative Waiver The Enforcement Officer may waive submission of required information elements of a permit or supplementary information when in his opinion such information is otherwise available or is not necessary to review an application. 47.1.13 Violation Any of the following acts shall be a violation of this Code and shall be subject to the enforcement remedies and penalties provided by this Chapter 2 Issuance of Citations and Imposition of Civil Penalties for Violation of County Ordinances and Regulations of the Dallas County Code of Ordinances and state law. 1. To engage in any development, use, construction, remodeling, or other activity of any nature upon the land or improvements thereon subject to the jurisdiction of this Code without the required permits, certificates, or other forms of authorization as set forth in this Code; or 2 . To conduct an activity of any nature in any way inconsistent with any approved plan, permit, certificate, or other form of authorization granted for such activity; or 3. To violate, by act or omission, any term, variance or waiver, ---PAGE BREAK--- 5 CHAPTER 47 DALLAS COUNTY, IOWA condition, or qualification placed by the Governing Board or its agents upon any required permit, certificate, or other form of authorization for the use, development, or other activity upon land or improvements thereon. 4. To erect, construct, reconstruct, alter, repair, convert, maintain or use any building or structure or to use any land in violation or contravention of this Code or any other regulation made under the authority conferred thereby. 47.1.14 Questions Unless otherwise provided, that all questions arising in connection with the enforcement of this Code shall be presented first to the Building Official. All appeals from the decisions in connection with this Code shall be as prescribed by the applicable code. 47.1.15 Enforcement When the Building Official or designee of the building official finds a violation of this Code: 1. He shall notify the owner and/or agent of the property. Such notice shall be as prescribed by the applicable code. 2. The owner and /or agent shall immediately remedy the violation, regardless of means of notification. 3. If the owner of a property fails to comply, the Building Official shall seek relief by following procedures in Chapter 2 Issuance of Citations and Imposition of Civil Penalties for Violation of County Ordinances and Regulations of the Dallas County Code of Ordinances. 47.1.16 Remedies Any one or all of the following may be used to enforce the provisions of the Code: 1. Any violation of this Code or of any condition, order, requirement, or remedy adopted pursuant hereto may be restrained, corrected, abated, mandated, or enjoined by appropriate proceeding pursuant to state law. 2. The Building Official may withhold or deny any permit, certificate, or other form of authorization on any land in which there is an uncorrected violation of a provision of this Code. 3. The Building Official may condition the authorization of any permit or certificate upon the correction of a deficiency. 4. The Building Official may revoke approval of a permit or certificate by notifying the Developer and/or landowner in writing the reason for the revocation. Revocation may include, ---PAGE BREAK--- CHAPTER 47 DALLAS COUNTY, IOWA but is not limited to, any of the following reasons: for any substantial departure from the approved application, plans, or specifications; or for refusal or failure to comply with the requirements of state or local laws, or for false statements or misrepresentations made in securing permit approval. 47.1.17 Penalties Any violation of this Code shall be a misdemeanor or infraction as provided by the Chapter 2 Issuance of Citations and Imposition of Civil Penalties for Violation of County Ordinances and Regulations of the Dallas County Code of Ordinances and state law. The owner of any land or part thereof; and any contractor, agent or any other person who participates or acts in concert, assists, directs, creates, or maintains any condition that is in violation of the requirements of this Code may be held responsible for the violation and subject to the remedies herein provided. 47.1.18 Previous Enforcement Nothing in this Code shall prohibit the continuation of previous enforcement actions. 47.1.19 Cumulative Violations All remedies provided herein shall be cumulative. To the extent that state law may limit the availability of a particular remedy set forth herein for a certain violation or part thereof, such remedy shall remain available for other violations or other parts of the same violations. 47.2 Codes Adopted by Reference Any code adopted by reference in this chapter shall include any appendix contained in the publisher’s addition of that code. A portion of the code labeled “commentary” or “explanation” or by a similar term shall be considered a statement of legislative intent, finding, purpose or explanation of the referenced provision and shall be treated as legislative history. Where provisions of a code adopted by reference and this Code conflict, this Code shall prevail. 47.2.1 2006 International Fire Code The 2006 Edition of the International Fire Code, published by the International Code Council, January 2006, a copy of which is ---PAGE BREAK--- 7 CHAPTER 47 DALLAS COUNTY, IOWA on file in the Office of the Building Official, is hereby adopted by reference as the code of Dallas County for regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices; and from conditions hazardous to life or property in the occupancy of buildings and premises in unincorporated Dallas County; and providing for the issuance of permits for hazardous uses and operations; and each and all regulations, provisions, conditions and terms of such International Fire Code, 2006 Edition, are hereby referred to, adopted and made part hereof as if fully set out in this code. The following sections are hereby revised: 1. Section 101.1 Insert: Dallas County 2. Delete Section 103 Department of Fire Prevention. 3. Delete Sections 105.6.1 through 105.6.46. 4. Delete Section 105.7. 5. Delete Section 108. 6. Amend Section 109.3 guilty of “an offense as specified in Chapter 2 Issuance of Citations and Imposition of Civil Penalties for Violation of County Ordinances and Regulations of Dallas County Code of Ordinances, and subject to fines and penalties as specified therein,” or both 7. Amend Section 111.4 liable to a fine not less than “that specified in Chapter 2 Issuance of Citations and Imposition of Civil Penalties for Violation of County Ordinances and Regulations of the Dallas County Code of Ordinances.” 8. Delete Section 307. 9. Delete Appendix A. Board of Appeals. 47.2.2 2006 International Mechanical Code The 2006 Edition of the International Mechanical Code, published by the International Code Council, January 2006, a copy of which is on file in the Office of the Building Official, is hereby adopted by reference as the code of Dallas County for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement addition to, use or maintenance of mechanical systems in unincorporated Dallas County and providing for the issuance of permits and collection of fees therefore; and each and all regulations, provisions, conditions and terms of such International Mechanical Code, 2006 Edition, are hereby referred to, adopted and made part hereof as if fully set out in this code. The following sections are hereby revised: ---PAGE BREAK--- CHAPTER 47 DALLAS COUNTY, IOWA 1. Section 101.1 Insert: Dallas County. 2. Delete Section 103 Department of Mechanical Inspections. 3. Section 106.5.1 Delete one hundred per cent (100%) and insert thirty percent (30%) 4. Section 106.5.2 Insert: Fee Schedule as adopted by Board of Supervisors resolution. 5. Section 106.5.3 Insert 100%, and 100% 6. Amend Section 108.4 guilty of “an offense as specified in Chapter 2 Issuance of Citations and Imposition of Civil Penalties for Violation of County Ordinances and Regulations of Dallas County Code of Ordinances, and subject to fines and penalties as specified therein,” or both 7. Amend Section 108.5 liable to a fine not less than “that specified in Chapter 2 Issuance of Citations and Imposition of Civil Penalties for Violation of County Ordinances and Regulations of the Dallas County Code of Ordinances.” 47.2.3 2006 International Plumbing Code The 2006 Edition of the International Plumbing Code, published by the International Association of Plumbing and Mechanical Officials, January 2006, a copy of which is on file in the Office of the Building Official, is hereby adopted by reference as the code of Dallas County for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement addition to, use or maintenance of plumbing systems in unincorporated Dallas County and providing for the issuance of permits and collection of fees therefore; and each and all regulations, provisions, conditions and terms of such International Plumbing Code, 2006 Edition, are hereby referred to, adopted and made part hereof as if fully set out in this code. The following sections are hereby revised: 1. Delete Section 103.4.1 thru 103.4.3 and 103.4.5: Replace with the following: Fee Schedule as adopted by Board of Supervisors resolution. 2. Section 103.4.4.2 Delete “equal to” in the second sentence and insert thirty percent 3. Section 501.0: Delete the second sentence and also Table 5-1. 4. Delete Section 603.2.3. 5. Delete Section 604.2: Replace with the following: Section 604.2 Copper tube for water piping shall have a weight of not less than Type M. 6. Section 717: Add to the end of the section: The minimum diameter for a building sewer shall be four inches to point of connection. ---PAGE BREAK--- 9 CHAPTER 47 DALLAS COUNTY, IOWA 7. Delete Section 807.4: Replace with the following: No domestic dishwashing machine shall be directly connected to a drainage system or food waste disposer without the use of an approved dishwasher air gap fitting on the discharge side of the dishwashing machine, or by looping the discharge line of the dishwasher as high as possible near the flood level of the kitchen sink where the waste disposer is located. Listed air gap fittings shall be installed with the flood level (FL) marking at or above the flood level of the sink or drain board, whichever is higher. 8. Section 906.7: Change two inches (50.8 mm) to three inches (76.2 mm). Add the following sentence at the end of the paragraph, “Main vents of 3 inches in diameter shall have terminals of not less than 4 inches. 9. Section 908.0: Delete “Vertical” in section heading. 10. Section 908.1: Delete “vertical” in the first sentence of the section. 11. Delete Table 10-1 and insert the following new table 10-1: TABLE 10-1 Horizontal Distance of Trap Arms (except for water closets and similar fixtures)* Trap Arm Size (In) Distance Trap to Vent (Ft) 1 1/4 5 1 1/2 6 2 8 3 12 4 or larger 12 *The developed length between the trap of a water closet or similar fixture (measured from the top of the closet ring (closet flange) to the inner edge of the vent) and its vent shall not exceed six feet. 12. Add new Section 1213.1 LPG Systems An approved gas detector and exhaust system shall be installed in conjunction with a liquefied petroleum gas system if any part of the system extends into space below grade. An approved gas detector and exhaust system shall be installed in conjunction with the installation or replacement of any LP gas burning appliance, any part of which extends below grade or into an above-grade under-floor space or basement. 13. Delete Appendix K Private Sewage Disposal Systems ---PAGE BREAK--- CHAPTER 47 DALLAS COUNTY, IOWA 47.2.4 2006 International Building Code The 2006 Edition of the International Building Code, published by the International Code Council, January 2006, a copy of which is on file in the Office of the Building Official, is hereby adopted by reference as the building code of Dallas County for the control of building and structures as therein provided in unincorporated Dallas County; and each and all regulations, provisions, conditions and terms of said International Building Code, 2006 Edition, are hereby referred to, adopted and made part hereof as if fully set out in this code. The following sections are hereby revised: 1. All Sections: Change any references of the International Plumbing Code to Uniform Plumbing Code. 2. All Sections: Delete any references to the International Private Sewage Disposal Code. 3. Section 101.1: Insert Dallas County 4. Delete Section 105.5 and insert the following: See Section 47.3.4 Dallas County Construction Code. 5. Delete Section 108.2 and replace with the following: Fee Schedule as adopted by Board of Supervisors resolution. 6. Section 108.4 Add new sentence: Thirty percent (30%) shall be added to the fee for permits where work started without a permit. 7. Delete Section 109.3.7. 8. Delete Section 112.3 9. Delete Section 114 and insert language as follows: Stop Orders. When work is being done contrary to the provisions of this Code, the technical codes, or other pertinent laws or ordinances implemented through this Code; the Building Official may order work stopped by notice in writing posted on the premises, or by notice served on persons performing the work or causing the work to be done. The owner of the premises, so notified, shall prevent further work from being done on the premises, and any person, so notified, shall stop work; until authorized by the Building Official to proceed. 10. Section 113.4 is amended by adding the following sentence: Fines and penalties as specified in Chapter 2 Issuance of Citations and Imposition of Civil Penalties for Violation of County Ordinances and Regulations of the Dallas County Code of Ordinances. 11. Delete Chapter 13, Energy Efficiency (State of Iowa Mandated Requirements) 12. Add new section: 1608.3 The ground snow load for Dallas County is 30 lbs per square foot. ---PAGE BREAK--- 11 CHAPTER 47 DALLAS COUNTY, IOWA 47.2.5 2006 International Residential Code The 2006 Edition of the International Residential Code for One and Two Family Dwellings, published by the International Code Council, February 2006, a copy of which is on file in the Office of the Building Official, is hereby adopted by reference as the code of Dallas County for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement addition to, use or maintenance of one and two family dwellings and townhouses not more than three stories in height in unincorporated Dallas County and providing for the issuance of permits and collection of fees therefore; and each and all regulations, provisions, conditions and terms of such International Residential Code for One and Two Family Dwellings, 2006 Edition, are hereby referred to, adopted and made part hereof as if fully set out in this code. The following sections are hereby revised: 1. Section R10 1.1: Insert Dallas County 2. Table R 301 Change section to read, “The purpose of this code is to provide minimum and affordable requirements to safeguard life or limb, health and public welfare.” 3. Section R301.2: Insert the following: Ground Snow Load: 30psf, Wind Speed: 90 mph, Seismic Design Category: A, Weathering: Severe, Frost line depth: 42 in, Termite: Moderate- Heavy, Decay: Slight-Moderate, Winter Design Temp: 0 deg, Flood Hazard: March 1984 as amended. 4. Section R1 05.2 Work exempt from permit: Under “Building” change #1 to read: Residential one-story detached accessory structures, provided the floor area does not exceed 147 square feet. Under “Building” change #7 to read: Prefabricated swimming pools shall conform to the Dallas County Zoning Ordinance. 5. Add sentence: All doors shall be self closing. 6. Section R309.2 Separation Required: Change all references to 1/2-inch gypsum board to 5/8-inch Type gypsum board. 7. Section R309.3 Floor Surface: Change first sentence to read: “ garage or accessory building floor surfaces shall be of concrete, asphalt or approved non-combustible materials.” 8. Section R 310.1: In the first full sentence delete the words, “with habitable space”. Add new section: R3 10.1.5 Basement Egress Window Platform. When the 44 inch sill height cannot be maintained the use of a secured 18 deep” x 36” wide x 24” maximum high platform to provide the maximum 44” sill height for emergency escape and rescue window in basements will be allowed. 9. Section R322. 1 Accessibility: Delete section. (State of Iowa mandates accessibility in conjunction with ADA.) 10. Section R324 .2.1 Elevation Requirements: Delete entire section and insert sentence that reads, “Elevation requirements shall be in accordance with the Dallas County Zoning Ordinance. ---PAGE BREAK--- CHAPTER 47 DALLAS COUNTY, IOWA 11. Table R403. 1: Delete and insert the following table: Stories Foundation Wall Width (Inches) Footing Width (Inches) Footing Depth (Inches) Foundation Depth (Inches below Concrete Masonry 1 8 8 16 8 42 2 8 8 16 8 42 3 10 12 18 12 42 Footings: Footings shall be cast in place concrete having a minimum compressive strength of 2500 psi at 28 days and be longitudinally reinforced with 2 – 1/2 inch bars located so that not less than 3 inches of concrete will surround the bars. Trench Footings: Trench footings shall be cast in place having a minimum compressive strength of 2500 psi at 28 days and not less than 8 inches in width reinforced with one 1/2 inch bar located horizontally near the top and bottom and 1 - 1/2 inch bar located vertically at 6 foot intervals. Note: in the event unusual circumstance are encountered, as determined by the Building Official or by an engineered soil analysis, an engineered footing shall be required. Footings for residential detached accessory 1 story buildings: Buildings less than 747 square feet of floor area may be placed on a 4 inch floating slab thickened to 8 inches by 10 inches wide around the perimeter. Floating slabs shall be reinforced with fiberglass fibers, 6x6 woven wire mesh or 1/2 inch rebars spaced 2 feet apart to form a checker board configuration. 12. Chapter 11: Delete entire chapter. Refer State of Iowa Building Code mandated requirements. 13. Section G2414.5.2 (403.5.2) Metallic Tubing: Add : Copper tubing shall not be allowed for conveyance of LP gas in interior locations. 14. Chapters 25 through 32: Delete and use the requirements of the 2006 Uniform Plumbing Code. 15. Appendix E Manufactured Housing Used As Dwellings: Add new section AE101.2 entitled “Manufactured Housing Code Conflicts”. Whenever there is a conflict between the requirement of this section and a mandated State of Iowa requirement, the State of Iowa Requirements shall take precedence. 16. Appendix F Radon Control Methods: Delete 17. Appendix I Private Sewage Disposal: Delete. ---PAGE BREAK--- 13 CHAPTER 47 DALLAS COUNTY, IOWA 47.2.6 2008 National Electrical Code The 2008 Edition of the National Electrical Code, published by the national fire Protection Association Inc., a copy of which is on file in the Office of the Building Official, is hereby adopted by reference as the code of Dallas County for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement addition to, use or maintenance of electrical systems in unincorporated Dallas County and providing for the issuance of permits and collection of fees therefore; and each and all regulations, provisions, conditions and terms of such National Electrical Code, 2008 Edition, are hereby referred to, adopted and made part hereof as if fully set out in this code, with the following amendment: Delete section 210.8, paragraph and insert in lieu thereof the following new paragraph: Dwelling Units. All 125-volt, single-phase, 15- and 20- ampere receptacles installed in the locations specified in through shall have ground-fault circuit-interrupter protection for personnel. Bathrooms. Garages, and also accessory buildings that have a floor located at or below grade level not intended as habitable rooms and limited to storage areas, work areas, and areas of similar use. Exception No. 1 to Receptacles that are not readily accessible. Exception No. 2 to A single receptacle or a duplex receptacle for two appliances located within dedicated space for each appliance that, in normal use, is not easily moved from one place to another and that is cord-and-plug connected in accordance with 400.7(A)(6), or Receptacles installed under the exceptions to 210.8(A)(2) shall not be considered as meeting the requirements of 210.52(G). Outdoors. Exception to Receptacles that are not readily accessible and are supplied by a dedicated branch circuit for electric snow-melting or deicing equipment shall be permitted to be installed in accordance with 426.28. ---PAGE BREAK--- Crawl spaces—at or below grade level. Unfinished basements—for purposes of this section, unfinished basements are defined as portions or areas of the basement not intended as habitable rooms and limited to storage areas, work areas, and the like. Exception No. 1 to Receptacles that are not readily accessible. Exception No. 2 to A single receptacle or a duplex receptacle for two appliances located within dedicated space for each appliance that, in normal use, is not easily moved from one place to another and that is cord-and-plug connected in accordance with 400.7(A)(6), or Exception No. 3 to A receptacle supplying only a permanently installed fire alarm or burglar alarm system shall not be required to have ground-fault circuit-interrupter protection. Receptacles installed under the exceptions to 210.8(A)(5) shall not be considered as meeting the requirements of 210.52(G). Kitchens—where the receptacles are installed to serve the countertop surfaces. Laundry, utility, and wet bar sinks—where the receptacles are installed within 1.8 m (6 ft) of the outside edge of the sink. Boathouses. 47.2.7 2006 International Existing Building Code The 2006 Edition of the International Existing Building Code, published by the International Code Council, January 2006, a copy of which is on file in the Office of the Building Official, is hereby adopted by reference as the code of Dallas County for the control of existing buildings and structures as therein provided in unincorporated Dallas County; and each and all regulations, provisions, conditions and terms of said International Existing Building Code, 2006 Edition, are hereby referred to, adopted and made part hereof as if fully set out in this code. The following section is hereby revised: Section 101.1 Insert Dallas County. 47.2.8 2006 International Fuel Gas Code The 2006 Edition of the International Fuel Gas Code, published by the International Code Council, January 2006, a copy of which is on file in the Office of the Building Official, is hereby adopted by reference as the code of Dallas County for the ---PAGE BREAK--- 15 control of fuel gas piping systems as therein provided in unincorporated Dallas County; and each and all regulations, provisions, conditions and terms of said International Fuel Gas Code, 4706 Edition, are hereby referred to, adopted and made part hereof as if fully set out in this code. The following section is hereby revised: Section 101.1 Insert Dallas County. CHAPTER 47 DALLAS COUNTY, IOWA 47.3 Permits 47.3.1 Application Applications for building, electrical, mechanical, plumbing, sign, use, grading, temporary, and flood-plain development permits shall be made in accordance with this Section. 1. Unless otherwise specified all applications for permits under this Code shall be submitted by the property owner or his authorized agent to the Building Official. The Building Official may require reasonable proof of agency from any person submitting an application as an agent. 2. Any person or firm desiring to obtain a permit authorizing electrical, plumbing or mechanical work shall furnish, upon request of Dallas County, verification of a current license issued by the State of Iowa Licensing Board of Examiners, and be listed on the State of Iowa Licensing Board of Examiners list of licensed contractors for the type of work involved. All work authorized by an electrical, plumbing or mechanical permit shall be performed in accordance with the State of Iowa Licensing Board of Examiners Licensing Agreement unless otherwise exempted herein. Exception: an owner of a single family dwelling may perform electrical, mechanical or plumbing work on his own principal residence or accessory buildings, if such residence or accessory buildings are existing building rather than new construction. In order to qualify for this exception pursuant to this subsection, a residence shall qualify for the homestead tax exemption. 3. An application for any permit under this Code shall be submitted in such form, number of copies and format as required by the applicable code. The Building Official may waive submission of required elements of information when in his opinion such information is otherwise available or is not necessary to review of the application. 4. Submit with the Permit Application, Floodplain Development Permit Application (if required), Percolation test Soil Analysis ---PAGE BREAK--- for On-Site Wastewater Treatment System (if required), and a State Storm water Permit (if required). These reports and plans will be reviewed concurrently with the application. 5. All applications for permits shall be submitted, reviewed, and processed in accordance with the requirements of this Code. Any permit issued in noncompliance with this Code shall be null and void. 6. When Construction Plans or Site Plans are required, approval of those plans will be a precondition to issuance of a permit. Except as otherwise allowed, zoning, floodplain, and subdivision regulations must be met prior to permit issuance. 7. Unless otherwise provided, any permit for any building or use CHAPTER 47 DALLAS COUNTY, IOWA for which a State or County on site wastewater treatment system permit or an entrance permit is required; shall not be issued until the State or County has approved such permit. 8. A fee in an amount as set by the Board of Supervisors shall accompany each application. No permit or certificate shall be issued unless or until all charges and fees have been paid in full. A federal, state, or local government, or subdivision or agency thereof, or a bona-fide educational organization shall be exempt from payment of permit fees upon approval of the Building Official, if it is shown that the permit for the structure or building is or will be used for public purpose or program. All other requirements of this Code are applicable. 9. No work shall commence until the application is approved and the permit has been issued. 10. The permit must be posted in a prominent place on the site at all times it is in effect. 47.3.2 Issuance Permits shall be issued as follows: 1. Plot or Site Plans, if required, must be approved prior to issuance of any permits. 2. Permits for on site wastewater treatment system, if required, must be approved prior to issuance of a building, sign, or use permit. 3. For permit purposes, Final Plat recordation may be deferred on group developments; but a Certificate of Occupancy may not be issued until all platting requirements have been met. 4. None of the improvements, except clearing, grubbing, and erosion control, may be constructed until a permit has been issued by the Building Official. 5. The Building Official may issue permits for not more than two model homes, temporary construction trailers, safety structures, and other customary construction mobilization structures prior to Site Plan approval or Final Plat recordation. ---PAGE BREAK--- 17 6. Review of all plans may be concurrent. 47.3.3 Permit Appeals Any owner or occupant who has been denied a permit may appeal the denial by giving notice of appeal in writing to the Building Official. An appeal from permit denial shall be to the Construction Code Board of Appeals. In order to determine the suitability of alternate materials and methods of construction there shall be a Construction Code Board of Appeals consisting of five members having the following qualifications: CHAPTER 47 DALLAS COUNTY, IOWA 1. One Iowa registered architect 2. One registered professional engineer 3. One general contractor or home building contractor 4. One plumbing contractor or journeyman plumber 5. One electrical contractor or journeyman electrician The Building Official shall be an ex officio member and shall appoint a secretary to the Board. The Board of Appeals shall be appointed by the Board of Supervisors of Dallas County for a term of five years. The Board of Appeals shall hold meetings as needed for the purpose of hearing appeals. The Board shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant. 2. If, after date of issuance, the work is discontinued or incomplete for a period of one year, the permit shall immediately expire. 3. After a one year duration, permit may be reissued for incomplete work for an additional one hundred eighty (180) day period, if justified, by making a written request to the Building Official prior to the permit expiration date. No permit fee will be required for renewal of a permit, however, surety, if applicable, shall remain in effect. 4. After 545 days, a permit may be renewed for 180 days by payment of 25% of the original fee. 5. After two years, a permit may be renewed for one additional year by payment of 50% of the original fee. 6. After three years, a new permit must be issued for the work to be completed, and the work must be completed in accordance with the code in effect at the time of issuance. 7. No work authorized by any permit that has expired shall thereafter be performed until a new permit has been secured. ---PAGE BREAK--- 8/2/07 18 CHAPTER 47 DALLAS COUNTY, IOWA 2. If, after date of issuance, the work is discontinued or incomplete for a period of one year, the permit shall immediately expire. 3. After a one year duration, permit may be reissued for incomplete work for an additional one hundred eighty (180) day period, if justified, by making a written request to the Building Official prior to the permit expiration date. No permit fee will be required for renewal of a permit, however, surety, if applicable, shall remain in effect. 4. After 545 days, a permit may be renewed for 180 days by payment of 25% of the original fee. 5. After two years, a permit may be renewed for one additional year by payment of 50% of the original fee. 6. After three years, a new permit must be issued for the work to be completed, and the work must be completed in accordance with the code in effect at the time of issuance. 7. No work authorized by any permit that has expired shall thereafter be performed until a new permit has been secured. 47.3.4 Permit Expiration 1. If the work authorized by a permit has not begun within 180 days of the date of issuance thereof, such permit shall be void and a new permit, consistent with all provisions of this Code, shall be required. For the purposes of this Section, construction shall be deemed to have begun at the time of completion of an approved footing inspection. 47.3.5 Refunds Fees may be refunded as follows: 1. The Building Official may authorize the full refunding of any permit fee that was erroneously collected or paid. To include applications for permits that were withdrawn before the permit was issued. 2. The Building Official may authorize refunding of the permit fee when no work has been done on an issued permit by the time the initial 180 day period lapses. 3. The Building Official may authorize not more than 80 percent refund of a permit fee if work has begun at any time and is subsequently discontinued; or if work is not begun within one year. 4. After one year no permit fees will be refunded. 47.4 Inspections and Investigations The Building Official shall have the right, upon presentation of proper credentials, or inspection warrant if necessary, to enter ---PAGE BREAK--- 19 CHAPTER 47 DALLAS COUNTY, IOWA on any property or premises, public or private, within the jurisdiction of the Governing Body at any reasonable hour for the purposes of inspection, determination of plan compliance, or for the purpose of investigation of any complaint or alleged violation of this Code. The Building Official shall have the power to conduct such investigation as he may reasonably deem necessary to carry out his duties as prescribed in this Code, and shall also have the power to require written statements, certificates and certifications or the filing of reports under oath, with respect to pertinent questions relating to complaints or alleged violations of this Code. 47.5 Occupancy A Certificate of Occupancy shall be issued by the Building Official as soon as practical after completion of construction or development. The construction and use provided in the Certificate of Occupancy will be only the use, arrangement, and construction set forth in approved plans and applications. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation. 47.5.1 Certification Inspection Prior to issuance of a Certificate of Occupancy the Building Official shall: 1. By on-site inspection ensure compliance with this Code. 2. By review of records ensure compliance with all applicable provisions of related health, building, and fire codes. 3. If required, ensure a Certificate of Flood-Proofing or Floor Elevation is presented and found correct. 4. Ensure all required on-site and off-site improvements have been completed, and that connection to all required utilities have been made. 47.5.2 Certificate Denial If denied, the Building Official will state the reasons by preparing a written list of deficiencies, cite the appropriate provisions of this Code or other regulations upon which denial is based, and state whether a conditional permit, special permit, variance or other procedure may be required. 47.5.3 Temporary Certificate of Occupancy The Building Official may issue a Temporary Certificate of ---PAGE BREAK--- 8/2/07 20 CHAPTER 47 DALLAS COUNTY, IOWA Occupancy prior to the completion of all construction, alteration, or changes if such occupancy will not endanger health or safety. 1. Temporary Certificate of Occupancy may be for a time period as the Building Official deems appropriate to complete the work, but not to exceed one hundred eighty (180) days. 2. If the work is not completed within the period of the Temporary Certificate of Occupancy; the Building Official shall notify the owner immediately. The owner shall cease use of the building and shall not resume such use until a Certificate of Occupancy has been issued. Failure to cease use shall subject the owner to civil penalties, and other enforcement actions. 47.6 Records The Building Official shall retain on file a signed copy of all Permits, all approved and amended Site Plans, all Flood Elevation Certificates and Flood Proofing Certificates, Certificates of Occupancy and documents required by law. 47.7 Debris No cut trees, timber, debris, contaminated soil, waste concrete, junk, rubbish, sewage, or food waste shall be buried, or left deposited on any private or public lot. During construction waste materials shall be stored in a manner which prevents blowing on or contamination of adjoining lots and public rights- of-way. 47.8 Utilities 47.8.1 Utility Connections Utility lines, connections, and equipment shall be placed in accordance with the following: 1. Connection of each lot to public water and sewer may be required if service is within three hundred (300) feet of the nearest adequate lines of a public system, provided that no geographic or topographic factors would make such connection infeasible. 2. Where public sewer is not available: an on-site sewage disposal system shall be provided in accordance with the standards set forth in IAC 567-69. 3. Where public water is not available: wells shall be provided in accordance with IAC 567-49. 4. All drainage and utility easements will be kept free and ---PAGE BREAK--- 21 CHAPTER 47 DALLAS COUNTY, IOWA clear of any buildings or other structures that would interfere with their proper maintenance. 47.8.2 Backflow Prevention Cross connection from any well or other source of water to any piping system connected to a central water system shall not be permitted except upon written permission of the central water system management. 1. Each owner shall prevent pollutants and contaminants from entering the central water system distribution mains by backflow. 2. All water using devices must be designed that back-siphoning or backflow to the system cannot occur. 3. Where harmful contaminants or pollutants are used with any device or process connected to the water system, the owner must install and maintain a reduced pressure backflow prevention device. 4. All permanently installed underground sprinkling systems shall contain a device to prevent back-siphoning or backflow to the central water system distribution system. 5. A new backflow prevention device shall be installed: When an existing plant or facility has major plumbing changes or change of use or occupancy; When an underground sprinkler system is connected to the central water system distribution system; When a potentially dangerous condition is found at an existing plant of facility and an order to correct is issued by the central water system management; and When required by code or law. 6. When a backflow prevention device is required, the central water system management will review existing water service facilities and new construction plans for degree of hazard, and determine the type of backflow prevention assembly required. The management of the central water system shall notify the existing residences, plants, and facilities of the degree of hazard, the backflow prevention assembly required, and a schedule of compliance. 7. The Building Official shall inspect the new installation of the backflow prevention assemblies before initiation of water service. 8. When a water service has one or more cross connections: An air gap or approved backflow prevention assembly for containment is required, if classified as high hazard. An approved double check valve assembly is required if classified as no or low hazard. 9. A reduced pressure backflow prevention assembly shall be installed on all new and existing fire protection systems when ---PAGE BREAK--- 22 CHAPTER 47 DALLAS COUNTY, IOWA any of the following conditions exist: A direct connection form public water mains with auxiliary water supply on or available to the premises for pump connection. Interconnection with auxiliary water supplies such as reservoirs, rivers, ponds, wells, mills, or other industrial water systems. Antifreeze or other additives are used in the fire protection system. Industrial and fire protection systems are supplied from public water mains only, with or without gravity storage or pump suction tanks. Any facility or connection which may cause contamination. A double check valve assembly will be required for all new fire protection systems at the time of installation, and all existing fire protections systems at the time of upgrade. 10. Central water system personnel and the Building Official shall have right of access to any check valve or backflow prevention device located on private property. 11. To ensure unprotected high hazard cross-connections do not exist without backflow protection, each owner shall: Ensure cross-connections without backflow assemblies do not exist. Cause the installation, testing and maintenance of backflow prevention assemblies at his expense; and maintain records of such on forms provided by the central water system. Notify the central water system of any backflow incident, and take steps to confine pollution or contamination. Provide water usage information upon request. 12. Backflow prevention assemblies shall be installed as follows: For containment assemblies, in horizontal plumbing immediately following the meter or as close to that location as deemed practical by Water Works, but in any case upstream from any branch piping. For reduced pressure assemblies protection from flooding is required, and they may not be installed in underground pits or vaults. For all assemblies, protection from freezing is required, or removal, if seasonal; however, required testing must be performed on reinstalled assemblies. For all assemblies, an accessible and safe location is required, as is a means of conveyance of assembly discharge to a suitable drain. Location of an assembly in ceiling or over or near an electrical panel is unacceptable. For systems using hot water, thermal expansion is required. For all assemblies, shut off valves shall conform to the current edition of the Manual of Cross Connection Control published by the University of Southern California, requirements for ball or resilient seat gate valves. Ball valves are require on piping ---PAGE BREAK--- 23 CHAPTER 47 DALLAS COUNTY, IOWA two inches or less, and resilient gates valves are required on piping larger than two inches. For containment assemblies, location shall be approved by Water Works prior to installation. 13. Required backflow prevention assemblies for containment are listed in 641-225.5 State of Iowa Plumbing Code. 14. Backflow prevention assemblies shall be tested by a tester registered by the Iowa Department of Public Health: Upon installation, Annually, Subsequent to repair or replacement, If the water system has been out of operation for 90 or more consecutive days, Before being placed in service for seasonal applications. 15. Any backflow prevention device that fails a test shall be repaired or replaced using only original manufacturer replacement parts by a registered backflow prevention assembly technician prior to the resumption of water service. The design, material, or operational characteristics of a device shall not be changed during repair or maintenance. 47.9 Powers and Duties of the Building Official 47.9.1 Building Official The Director of the Dallas County Office of Planning and Development shall be the Building Official. 47.9.2 Designees The building official may appoint such number of technical officers, inspectors and other employees as shall be authorized from time to time. The building official may designate such inspectors or employees as may be necessary to carry out the functions of the code enforcement agency. 47.9.3 Stop Orders Whenever any work is being done contrary to the provisions of this code, or other pertinent laws or ordinances implemented through the enforcement of this code, the building official or designee may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the building official or designee to proceed with the work. ---PAGE BREAK--- 24 CHAPTER 47 DALLAS COUNTY, IOWA 47.9.4 Liability The building official or designee charged with the enforcement of this code acting in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance shall not thereby be rendered personally liable for damages that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties. A suit brought against the building official or designee because of such act or omission performed by the building official or designee in the enforcement of any provision of such codes or other pertinent laws or ordinances implemented through the enforcement of this code or enforced by the code enforcement agency shall be defended by this jurisdiction until final termination of such proceedings, any judgment resulting there from shall be assumed by this jurisdiction. This code shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building or structure for any damages to persons or property caused by defects, not shall the code enforcement agency or its parent jurisdiction be held as assuming any such liability by reason of the inspection authorized by this code or any permits or certificates issued under this code.