Microsoft Word - Title 8 - Building Regulations

TITLE 8

BUILDING REGULATIONS

SUBJECT

CHAPTER

BUILDING CODE

DEMOLITION OF BUILDINGS

ELECTRICAL CODE

GAS CODE

HOUSING CODE

HOUSE NUMBERING

MECHANICAL CODE

MOVING BUILDINGS

PLUMBING CODE

RENTAL HOUSING REGISTRATION

RESIDENTIAL CODE

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TITLE 8 BUILDING REGULATIONS

CHAPTER 1

BUILDING CODE

SECTIONS:

8-1-1 Adoption of Code

8-1-2 Building Official

8-1-3 Building Permits

8-1-4 Amendments

8-1-5 Reserved

8-1-6 Reserved

8-1-7 Applicability

8-1-1 Adoption of the International Building Code. Pursuant to published notice

and public hearing as required by the Code of Iowa, the document entitled “International

Building Code”, 2006 Edition, as amended and published by the International Code

Council, is hereby adopted by reference as the Building Code for the City of Muscatine,

Iowa, and is made a part hereof as if fully set out in this Ordinance. An official copy of

said code is on file in the office of the City Clerk.

8-1-2 Building Official. There is hereby created the position of Building Official

to be appointed in the same manner as other department heads. The Building and Zoning

Administrator and the Building Official are one and the same position and the Building

Official, when exercising the duties prescribed for such office, shall have all the powers

of a policeman.

8-1-3 Building Permits.

(A) Building Permit Fee. The fee for a building permit when required by this

Code shall be established by resolution of the City Council and may be

changed from time to time as determined by the City Council.

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(B) Where work for which a permit is required by this Code is started or

proceeded with prior to obtaining said permit, the fees above specified shall

be doubled, but the payment of such double fee shall not relieve any persons

from fully complying with the requirements of this Code in the execution of

the work nor from any other penalties prescribed herein.

8-1-4 Amendments.

That the Uniform Building Code, adopted by the City of

Muscatine, Iowa, be amended to read as follows:

(A) Building Permit Fees. A fee for each required permit shall be paid to the

Building Official as set forth in Title 5, Chapter 15 of the City Code. The

final determination of the value or valuation under any of the provisions of

this Code shall be made by the Building Official. The valuation to be used in

computing the permit fees shall be the total value of all construction work

for which the permit is issued, as well as all finish work, roofing, siding,

electrical, plumbing, heating, air conditioning, elevators, fire extinguishing

systems, and any other permanent work or building equipment.

(B) One-story wood or metal frame accessory buildings associated with a Group

R Division 3 Occupancy and not used for human occupancy with a floor

area not to exceed two hundred (200) square feet may be constructed on a

four inch (4”) concrete slab utilizing anchor bolts on six foot (6’) centers, or

other anchoring systems as may be approved by the Building Official.

exceeding twelve feet (12’) associated with a Group R Division 3

Occupancy and not used for human occupancy or exceeding one thousand

(1,000) square feet in floor area may be constructed on a floating slab

provided there is a perimeter footing one foot (1’) deep and one foot (1’)

wide which requires the installation of one (1) number four (4) reinforcing

steel bar centrally located throughout the footing.

(D) A single family dwelling not more than one story in height may be

constructed on eight inch (8”) wide trenched footings provided they are

forty two inches (42”) below grade and are reinforced with a minimum of

two (2) number four (4) reinforcing steel bars running horizontally through

the top one-third (1/3) and the bottom one-third (1/3) of the foundation wall.

8-1-5 (Reserved).

8-1-6 (Reserved).

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8-1-7 Applicability. It is the intent of the City of Muscatine that the International

Building Code and its companion Codes as adopted elsewhere in the City Code shall be

the prevailing construction and occupancy controls within the City. It shall be the

responsibility of the Building Official to make a final decision as to the applicability of

any other codes or ordinances adopted by the City which may present a conflict with the

intent of other regulations contained herein.

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TITLE 8 BUILDING REGULATIONS

CHAPTER 2

DEMOLITION OF BUILDINGS

SECTIONS:

8-2-1

Permit Required

8-2-2

Permit Application

8-2-3

Supervision of Work

8-2-4

Condition of Site

8-2-5

Requirements

8-2-6

Drawings for Certain Buildings

8-2-7

Aprons, Canopies, Streets, and Sidewalks

8-2-8

Time

8-2-9

Adjacent Frontage Consents

8-2-10 PartyWalls

8-2-11 Night Work

8-2-12 Exemption

8-2-13 Burning

8-2-1 Permit Required. Before proceeding with the demolition

of any building or structure, a permit for such demolition shall

first be obtained by the owner, his agent, or his contractor from

the Building Official.

8-2-2 Permit Application. Application for said permit shall

be made by such owner, his agent, or his contractor to the Building

Official, who shall issue such permit in accordance with this

Chapter upon application and the payment in accordance with Title

5, Chapter 15 of the City Code. Such application shall state

the location and describe the building to be demolished, the method

of demolition, and the estimated cost of the demolition. If no

new building is to be erected on the site thereof, the statement

shall include a description of the condition in which it is intended

to leave the site thereof.

8-2-3 Supervision of Work. Upon the issuance of the required

permit, each building may be wrecked or torn down, provided that

all the work done thereunder shall be subject to the supervision

of the Building Official.

8-2-4 Condition of Site. The site where any building has

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been left demolished shall be left in a clean, presentable, and

safe condition with the cellar, if any, of the old building properly

filled in and graded so as not to permit accumulation of surface

water or discharge to the detriment of adjoining property. The

sanitary sewer shall be cut off and plugged with concrete at the

property line and all utilities shall be properly shut off at the

main or in accordance with rules and regulations of the particular

utility.

8-2-5 Requirements. Before any permit is issued granting

authority to demolish a building or structure, the person engaged

in the same or the owner of said building or structure shall file

with the City Clerk proof of public liability insurance covering

any personal injury or property damage which may arise out of

said demolition work, with limits of liability as established in

Title 5, Chapter 15 of the City Code, and an indemnification

agreement in the form supplied by the Building Official. The

person engaged in the work of demolishing said building or structure

and the owner of said building or structure shall also execute

an indemnification agreement whereby they agree to indemnify and

hold harmless the City against any loss, cost, damage, expense,

judgment, or liability of any kind whatsoever which the City may

suffer or which may occur against, be charged to, or recovered

from the City or any of its employees by reason of or arising out

of any such demolition operation.

8-2-6 Drawings for Certain Buildings. When requested by

the Building Official, the owner or his agent shall submit a

drawing indicating fences, barricades, aprons, canopies, lighting,

and other safeguards to be used in connection with the wrecking

program. These safeguards shall be approved by the Building

Official before a permit is issued and the safeguards shall be

erected in strict compliance therewith.

8-2-7 Aprons, Canopies, Streets, and Sidewalks. The wrecker

shall construct aprons, canopies, fences, barricades, and other

safeguards in conformance with all Federal, State, and local

standards, rules, and regulations. Streets and sidewalks shall

not be blocked without the approval of the Building Official.

All damage to public property as a result of the demolition must

be repaired, including damage to sidewalks, curbs, streets, etc.

8-2-8 Time. Each and every requirement mentioned or described

in this Chapter shall be performed by the wrecker within the time

set by the Building Official, unless otherwise prescribed herein.

8-2-9 Adjacent Frontage Consents. If the written consent

of and a waiver of claims for damage against the City by the owners

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of properties adjoining the site of the proposed demolition of

any building is first obtained and filed with the Building Official,

the permission to occupy the roadway and the sidewalk may be

extended beyond the limits of such building front of the property

for which the consent of the owner thereof has been secured upon

the same terms and conditions as those fixed for the occupation

of sidewalks and roadways in front of the building site.

8-2-10 Party Walls. Before a permit is issued for the

wrecking of a structure that has one or more party walls in common

with one or more buildings, there shall be delivered to the Building

Official a certificate by a licensed architect or a licensed

structural engineer to the effect that the adjoining premises do

not require anchorage, or, if such certificate indicates that

anchorage is necessary, the certificate shall be accompanied by

a drawing signed and sealed by such architect or engineer and

subject to the approval of the Building Official indicating adequate

anchorage of floor and roof joists at not greater than ten foot

(10') intervals for each and every floor and roof resting on such

party wall, and the adjoining premises shall be anchored in com-

pliance with such drawing. Owners of adjoining premises shall

be notified of said anchorage, as shown on such drawing.

8-2-11 Night Work. It shall be unlawful for any person in

conducting the demolition of any building between the hours of

ten o'clock (10:00) P.M. and six o'clock (6:00) A.M., to operate

or use any pile drivers, steam shovels, pneumatic hammers, derricks,

steam or electric hoists, or other apparatus.

8-2-12 Exemption. The provisions of this Ordinance shall

not apply to the demolition of garages, out-buildings, or other

accessory structures of a similar nature.

8-2-13 Burning. It is unlawful to demolish by burning with-

out approval of the Fire chief and in accordance with Title 6,

Chapter 4 of the City Code.

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TITLE 8 BUILDING REGULATIONS

CHAPTER 3

ELECTRICAL CODE

SECTIONS:

8-3-1 Adoption of Code

8-3-2 Supplemental Electrical Regulations

8-3-3 Plans and Specifications

8-3-4 Permits

8-3-5 Inspections

8-3-6 Turning Off Electric Current

8-3-7 Connection to Power Source

8-3-8 Electric Licensing Advisory Board

8-3-9 Electrical Licenses

8-3-1 Adoption of Code. The most recent edition of the National

Electric Code, as amended and published by the National Board of Fire

Underwriters is hereby adopted as the Electrical Code for the City of

Muscatine, Iowa, insofar as they do not conflict with the regulations

set out in this Chapter, which shall supersede. The current edition

of the National Electrical Code is made a part hereof as if fully set

out in this Ordinance.

8-3-2 Supplemental Electrical Regulations. The purpose of this

Section is to provide for additional electrical rules and regulations

which are intended to supplement the provisions of the current edition

of the National Electrical Code adopted by the City Council. The

supplemental rules and regulations take precedence over any provisions

of the National Electrical Code which may be in conflict therewith as

provided in Section 8-3-1.

(A) Distribution Centers - Divisions of Load. In laying out an

electrical installation, except for a constant current system,

every reasonable effort shall be made to secure distribution

centers located in easily accessible places at which points,

cutouts, and switches controlling various branch circuits shall

be grouped for convenience and safety of operations. The

electrical load shall be divided as evenly as possible between

branch circuits and all complicated and unnecessary wiring shall

be avoided.

(B) Transformers-Meters. Transformers and meters shall comply with

the following regulations:

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1. All power or heavy lighting services over two hundred

amperes, single-phase and two hundred amperes, three-phase,

shall be metered by a potential and current transformer or

current transformers.

2. Metering transformers shall be enclosed in an approved

metal box enclosure or cabinet with a door locked or sealed

by the utility company or mounted in the mast drip loop at

the utility's discretion.

3. Meter loops shall not be opened or closed by anyone without

the permission of an authorized representative of the

utility company.

4. A meter board and/or distribution panel board of the size

and type approved by the Code Inspector shall be installed

in a proper and convenient place designated by the utility

company to receive the various types of meters used by the

utility company and distribution panels used by the

customer.

5. Where two or more meters are to be placed on one building

for different electric customers, they shall be grouped at

a common place on the exterior portion of the building.

All multiple metering points shall be marked on the cover's

exterior as well as the interior meter base which

identifies the building address and respective apartment

identifier with a permanent, wide tip, non-soluble black

ink.

6. Meters shall be placed on solid walls free from vibration

and in a convenient and accessible place for reading as

specified by the utility company. They shall be placed not

over six foot six inches or less than four feet from the

finish grade with a minimum of three feet clear space in

all directions of the meter.

wiring and requirements shall comply with the following

regulations unless elsewhere allowed in the adopted National

Electrical Code and utility company, or a variation thereof is

approved by the Code Inspector due to the type of building

occupancy or electrical service requirements:

1. Only one service shall be permitted for any one building or

structure, except as elsewhere allowed in the adopted

National Electrical Code.

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2. A minimum of a three-wire, 100 ampere electric service

shall be required for any existing building or structure

requiring electrical service, except as allowed by the

utility company. The service locations shall be designated

by the utility company.

3. Newly constructed and existing single residential dwellings

receiving new electric service following the passage of

this chapter shall conform to the following requirements:

a. They shall be provided with a minimum of a 200 ampere

service.

Exception: Each newly constructed multifamily and existing

multifamily residential unit(s) containing less than 1,000

square feet of habitable area shall be provided with a

minimum of a 100 ampere service utilizing No. 3 THW Gauge

Stranded Copper wire or an approved equal unless located in

designated underground area by utility company where a 200

amp minimum would still be required.

b. Mast type services shall be installed utilizing not

less than 2" (inch) galvanized rigid conduit and shall

require a guy brace if the mast extends more than four

4' (feet) above the adjacent roof.

c. Service from an underground system shall enter the

structure above grade on the exterior portion of the

building and shall be sealed with a proper compound to

prevent the entrance of water.

d. Service panel switches shall not be installed over

sinks, stationary tubs, stoves, or near any plumbing

appliances where the person operating same could come

in contact with a grounding device.

e. In no case shall more than 12' of service wires be

allowed on the inside of any building, or structure

without a disconnect being present.

f. Service of two hundred amperes or less shall have a

sequence of meter, main fused disconnect switch or

breaker, circuit fuses or breakers when the number of

disconnects is six (6) or less. Emergency systems may

be connected to line side of the main switch or

breaker as provided by the National Electrical Code.

If the number of disconnects is greater than six (6)

the main must be ahead of the meters.

g Where the electrical service entrance or electric

panel is relocated more than three feet on existing

work, the provision of this section shall apply as if

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said relocation was new work. Extensions shall not be

allowed on work where wiring is not in conformance

with the adopted National Electrical Code. Old work

shall be brought up to the standards set by the

National Electrical Code and by this Chapter.

(D) Armored Construction. Armored construction shall include iron

conduit, metallic tubing and metal molding work, and shall

comply with the following requirements:

1. Riser or switch legs may be run to cellars or basements in

romex with full size ground or conduit.

2. Metal moldings, when run in cellars or basements, shall be

securely fastened to walls so as to prevent any movement.

3. Receptacles installed on first floors of buildings or

structures that are connected from basements or cellars

below, where said basements or cellars have armored

construction, shall be run in complete armored material.

This provision shall not apply to existing buildings or

structures where cellars or basements contain unarmored

construction.

4. The use of BX cable is prohibited.

5. All conduits exposed to moisture shall be made moisture-

proof in conformance with accepted methods and safe

workmanlikepractices.

6. The use of type MC cable shall be limited to vertical runs

not to exceed ten (10) feet. It shall also contain a full

size ground.

(E) Unarmored Construction. Romex wiring shall be considered

unarmored construction, and may be used in places where armored

construction is not required. All romex where used shall be of

the full grounded type.

(F) Conduit Wiring. All buildings or structures within C-2 Downtown

Commercial Zoning District and all hotels, motels, public, semi-

public and private schools, churches, hospitals, sanitariums,

institutions for the care of children or elderly persons, semi-

public and private clubs, theatres, dance and amusement halls,

gasoline service stations, commercial garages, storage garages

where three or more vehicles are stored, and all public

buildings and places of assembly shall be wired in approved

metal conduit. This provision shall not apply to such buildings

or structures that contain existing wiring unless said wiring is

found to be in a hazardous or dangerous condition to life or (

property, and shall be ordered removed, changed or condemned by

the Code Inspector.

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8-3-5

1. Exception. New multi-family dwellings of no more than two

floors with city and state approved construction, and with

city and state U.L. approved smoke and fire alarm systems,

may be wired in nonmetallic cable. All wiring installed in

basements, garages, and storage areas, shall be in metal

raceways. Breaker panels shall be located in each

apartment. Main service and service to each apartment

containing less than one thousand (1,000) square feet shall

be in conduit and sized no less than one hundred amperes to

each unit. Disconnecting means shall be located at the main

service location with meter.

(G) Workmanship. In all electrical wiring work and installation of

electrical apparatus and equipment, special care and attention

shall be given to the mechanical execution of the work. Care

shall be given to assure the neat and orderly running,

connecting, and taping of conductors, securing and attaching

relatedfittings.

8-3-3 Plans and Specifications. Whenever it shall be deemed

necessary by the inspector, plans and specifications shall be required

and shall show, in sufficient detail, that all electrical work to be

done which requires an Electrical Permit conforms to the adopted Code

of the City. Plans and specifications may not have to be submitted

where minor work is proposed and/or the contractor agrees to comply

with all the provisions of this Chapter.

8-3-4 Permits. Before an Electrical Permit is issued as

required in Title 5, Chapter 15 of the City Code, the inspector shall

charge the owner of the property or his contractor, the required fee

which shall be established by' resolution of the City Council. No

electrical work will commence without the party performing the

electrical work first insuring that the required permit has been

issued by the City. Failure to comply with this provision shall

result in the fee being doubled and subjects the violator to the

issuance of a Municipal Infraction, at the discretion of the Building

Official.

(A) Exception. Minor repair work and installations may not require

issuance of an Electrical Permit when, in the opinion of the

Inspector and with the approval of the Building Official, such

work or installation does not require significant changes,

alteration and/or repair.

8-3-5 Inspections. The inspector must be notified when work is

ready to be inspected by the licensed electrician or homeowner (when

wiring his/her own home) doing such work. All inside work must be

left uncovered and convenient for examination until inspected and

approved by the City. No request shall be made for an inspection

until the work is entirely ready for inspection or unless the

inspector makes arrangements to the contrary. In case of violation

of any of the provisions contained herein, the permit may be revoked

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by the City and upon notice of revocation, all work under the permit

shall cease. The inspector shall examine all work required to be

inspected within eight (8) working hours of notice that the work is

ready for inspection. Any materials found to be defective, improperly

installed or not meeting the minimum requirements of the Code shall

be removed, replaced and/or altered to fully comply with all the

provisions of this Chapter. When all work is completed under the

Electrical Permit and is found to be in compliance with the Code, the

inspector shall give his or her approval.

(A) Emergency Repair. Emergency repair may be performed by an

electrical license holder, but must be reported to the City

Building Department within eight (8) working hours of the

repair.

(B) Heating and Air Conditioning Installations. Electrical

installation of all heating, air conditioning equipment and

electric water heaters shall be performed by an electrical

license holder or the homeowner and comply with this Code.

8-3-6 Turning Off Electric Current.

(A) The Code Inspector shall have full power and authority to cut

off or cause to have cut off the electric current from any new

installation, alteration or extension of existing systems,

existing installation found to be hazardous, or any equipment,

in or on any building, structure or premises which:

1. Does not comply with applicable city codes pertaining to

electrical work, this chapter, for which a permit has been

issued, or

2. In the opinion of the inspector an unsafe or hazardous

condition exists, or that danger to persons or property is

possible; or

3. The electrical current would interfere with or hinder the

necessary work of the fire or law enforcement officials.

(B) Where the current is cut off or ordered cut off under the

provisions of this section, such current shall not be turned on

again without the authorization of the Code Inspector. Any

person engaged in furnishing electricity, shall cut off the

current from any consumer, building, structure, or premises when

so ordered by the Code Inspector for reasons indicated in this

section.

8-3-7 Connection to Power Source. No electrical connection to

the power source shall be made, or any electric meter set until the

same has been approved by the Code Inspector or representative of the

utility company.

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8-3-9

8-3-8 Electric Licensing Advisory Board. The Electrical

Licensing Advisory Board shall perform the duties described in this

Section as well as Title 2, Chapter 21 of the City Code.

(A) Board Meetings and Hearings. All meetings of the Electrical

Licensing Advisory Board shall be held according to the rules

and regulations adopted by the board.

(B) Authority of the Board. The board is authorized to perform the

following duties and functions in order to carry out the

provisions of this Chapter.

1. Upon request from the applicant, the board shall review the

qualifications of an applicant turned down for the Block

Exam.

2. Keep accurate and up-to-date records and minutes of all

meetings, hearings and business conducted by the board.

3. Recommend to the City Council any changes which may be

needed in the Code.

4. Recommend the City Council revoke or suspend an

electrician's license when they have, by finding of fact,

found that any license holder has violated any of the

provisions of this Chapter.

8-3-9 Electrical Licenses. Any person desiring to engage in

wiring or work as an electrician shall make application to do so to

the Building Department on blank forms provided for that purpose, and

pay an application fee of $25.00. The applicant shall then be entitled

to take the examination when next scheduled by the board. Candidates

successfully passing the examination given by the Board shall be

issued the appropriate license when the candidate has filed a

Certificate of Insurance and paid the license fee as required in Title

5, Chapter 15 of the City Code. All insurance certificates and

licenses shall be renewed on January 1 of each calendar year. Failure

to submit the certificate or renew the license within thirty (30) days

of January 1 of each calendar year shall cause such license to expire

and shall cause the previous license holder to re-examine as if

applying for a new license. The following licenses and restrictions

shall apply:

(A) Master Electrician's License. Shall be required for any

operator of an electrical shop employing licensed electricians

and unlicensed personnel to work under his/her Master license.

The Master Electrician license holder shall be permitted to work

on residential, commercial and industrial installations.

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8-3-9 ,

1. Restriction. A Master Electrician must have at least one

(1) Journeyman electrician on every job site requiring a

permit and where unlicensed individuals are working at all

times. There will be no exception to this requirement.

(B) Residential Electrician License. Shall be required to do any

wiring on residential properties and accessory buildings. A

Residential Electrician license holder may work with another

licensed electrician or he may employ one unlicensed helper. The

Residential Electrician must be on the job at all times. There

will be no exception to this requirement.

1. A Residential Electrician license holder shall not work on

any commercial or industrial applications but is to be

considered qualified to wire residential uses and accessory

buildings associated with a residential use.

2. Because of unique applications and occupancy complications,

a Residential Electrician shall not be permitted to do any

electrical work within the C-2 Downtown Commercial Zoning

District.

3. Residential Electrican license holder shall be allowed to

work on single family and two family (duplex) residential

units. Three (triplex) or more dwelling units shall be

considered commercial.

Journeyman Electrician license shall not engage in the

electrical wiring business unless they are under the employment

of a Master Electrician or Residential Electrician license

holder. Persons holding a Journeyman License and working for a

licensed Master Electrician may be considered to comply with the

requirements of a licensed individual on a job site as specified

in Section 8-3-9(A)l. All responsibility for such workmanship

and code compliance shall remain with the Master Electrician

license holder.

(D) License Exemption.

1. A homeowner of a single family dwelling unit shall not be

required to obtain a license to do any electrical work on

the home which he/she currently owns and legally resides

in. Owners of buildings containing more dwelling units

than the unit they currently reside in, shall be required

to obtain an Electrical License or hire someone holding

such a license for any and all other electrical work needed

within the building or structure. Nothing contained in

this section shall relieve a homeowner from securing an

Electrical Permit prior to commencing electrical work.

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2. No maintenance personnel shall be required to obtain a

license while engaged in the full-time employ of an

Industrial, Governmental agency, Public Utility,

or Institutional establishment, who performs any

maintenance, service repair, or replacement of existing

electrical systems, or equipment, including plant

modification process changes required, while as a part of

that employment. Nothing contained in this section shall

relieve any of the aforedescribed establishments from

securing electrical permits for work performed by their

assigned employees, or to relieve the City's Code

Inspector from making any necessary or required

inspections.

(E) Fees - Certificate of License and License Renewal. The fee for

an initial certificate of a Master Electrical contractor,

Residential Electrician, and Journeyman Electrician license and

the fee for an annual certificate of renewal of the license

shall be as set out in Title 5, Chapter 15 of this Code. All

required fees shall be payable to the City of Muscatine and

shall not be returned or refunded.

(F) Transfer of License Prohibited. It shall be unlawful for any

licensed electrician to transfer his respective license or to

allow or permit the same to be used either directly or

indirectly by any other person, for any reason whatsoever.

(G) License Revocation or Suspension.

1. The City Council shall have the power to revoke or suspend

any license, or renewal thereof upon finding of fact of any

fraud or deceit in obtaining a license, or failure to

comply with any of the provisions of this Chapter or

related provisions of the City's Electric Codes; or for

gross negligence, incompetence or misconduct in the

installation, repair, alteration, renewal or remodeling of

any electrical system or equipment. In all cases involving

the suspension or revocation of a license, at least fifteen

days written notice shall be served by the Code Inspector

to the person whose license is in question. The notice

shall indicate the time, place, and date of the hearing,

and the general grounds for the contemplated suspension or

revocation. The notice shall further advise the holder of

his right to appear at the hearing in person or be

represented by agent or attorney for the purpose of

presenting his defense.

2. The time limits governing the suspension of a license, as

imposed by the City Council, shall not be less than five

(5) days.

3. When in the case a license is suspended or revoked by the

City Council, the licensee shall surrender such license to

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3. to the Code Inspector within 24 hours. A suspended license

shall be returned to the person by registered mail or in

person upon completion of the suspension time imposed by

the City Council. Any person whose license has been revoked

shall not be permitted to apply for another license for a

period of one year from the date of such revocation of the

license.

(H) License Reciprocity.

As of the effective date of this

amendment, the City of Muscatine shall reciprocate licensing

with other Iowa cities administering the Block and Associates

Certified Proctered exams.

(I) Existing License. All existing license holders, whether locally

tested or reciprocal, will remain in good standing as long as

the license fee is received before January 31st of each year.

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8-4-1

8-4-2

TITLE 8 BUILDING REGULATIONS

CHAPTER 4

GAS CODE

SECTIONS:

8-4-1 Gas Code

8-4-2 Enforcement

8-4-1 Gas Code. The September, 1954, Code of Standards for

the Installation of Gas Piping and Gas Appliances as recommended

by the National Board of Fire Underwriters (NBFU N. 54) is hereby

ordained as the specific standards for the installation of Gas

Piping and Gas Appliances in the construction, maintenance, and

operation of buildings. It being the intention of the City Council

to adopt said Code of Standards by reference as provided in Section

366.7 (5-7) of the Code of Iowa, 1954, and amendments thereto.

8-4-2 Enforcement. The duly franchised agency (The Gas

Division of the Iowa Electric Light and Power Company of Muscatine,

Iowa) shall work together with the City, and the City in turn will

co-operate with person, firm, or corporation to disconnect or to

order disconnection and plug or cap any gas piping, appliance,

or accessory which does not conform to the requirements of the

said Code of Standards (NBFU No. 54) or which may be found defective

and in such condition as to endanger life or property. Where such

disconnection has been made, a notice shall be attached to such

appliance, accessory, or gas piping which shall state that it

has been disconnected and the reason therefore, and such notice

shall not be removed nor shall the appliance, accessory, or gas

piping be reconnected until it shall have been made to conform

with the requirements of the Code of Standards.

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8-5-1

TITLE 8 BUILDING REGULATIONS

CHAPTER 5

HOUSING CODE

SECTIONS:

8-5-1 Title, Scope, and Enforcement

8-5-2 Housing Quality Standards

8-5-3 Definitions

8-5-4 Permits and Inspection

8-5-5 Certification

8-5-6 Minimum Structural Standards for All Dwellings

8-5-7 Minimum Structural Standards for All Rental Housing

8-5-8 OwnersResponsibilities

8-5-9 OccupantsResponsibilities

8-5-10 SubstandardBuildings

8-5-11 Notices and Orders of Building Official

8-5-12 Appeals

8-5-13 Procedures for Conduct of Hearing Appeals

8-5-14 Enforcement of Orders from Building Official or Board

of Appeals

8-5-15 Performance of Demolition

8-5-16 Recovery of Cost of Demolition

8-5-1 Title Scope and Enforcement.

(A) Title. These regulations shall be known as the "Muscatine

Housing Code", hereinafter referred to as "The Housing Code".

(B) Compliance with State Code. The City of Muscatine, in

compliance with the requirements of House File No. 2536 (68th

G.A. 1979), hereby adopts the "Housing Quality Standards"

promulgated by the United States Department of Housing and

Urban Development (24 C.F.R. 882.109 (a)-(1)), the latest

version being dated April 1, 1993, as the adopted model

Housing Code for the City of Muscatine, Iowa. These "Housing

Quality Standards" are set forth for reference purposes in

Section 8-5-2 and contained herein. The City of Muscatine,

Iowa, has integrated the "Housing Quality Standards" contained

in Section 8-5-2 of the Housing Code which provisions, to be

enforced by the City of Muscatine, are as stringent as, or

more stringent than, those in the model Housing Code as

adopted.

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8-5-1

minimum standards to safeguard life or limb, health,

property, and public welfare by regulating and controlling

the use, occupancy, and maintenance of all residential

buildings and related structures within the City of

Muscatine, Iowa.

(D) Scope. The provisions of this Housing Code shall apply to

all buildings or portions thereof which are used or

intended to be used for human occupancy. Additionally, all

accessory buildings or structures are hereby subject to all

applicable sections regarding health, safety, and

maintenancethereof.

(E) Enforcement.

1. Authority. The Building Official, or his or her

designated representative, is hereby authorized and

directed to enforce all of the provisions of this code.

For such purposes, he or she shall have the powers of a

lawenforcementofficer.

2. Right of Entry. Whenever necessary to make an

inspection to enforce any of the provisions of this

Code, or whenever the Building Official, or his or her

authorized representative, has reasonable cause to

believe that there exists in any building or upon any

premises any condition or Code violation which makes

such building or premises unsafe, dangerous, or

hazardous, the Building Official, or his or her

authorized representative, may enter such building or

premises at all reasonable times to inspect the same or

to perform any duty imposed upon the Building Official

by this Code, provided that if such building or

premises be occupied, he or she shall first present

proper credentials and request entry; and if such

building or premises be unoccupied, he or she shall

first make a reasonable effort to locate the owner or

other persons having charge or control of the building

or premises and request entry. If such entry is

refused, the Building Official, or his or her

authorized representative, shall have recourse to every

remedy provided by law to secure entry.

When the Building Official, or his or her authorized

representative, shall have first obtained a proper

inspection warrant or other remedy provided by law to

secure entry, no owner or occupant or any other persons

having charge, care, or control of any building or

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8-5-2

premises shall fail or neglect, after proper request is

made as herein provided, to promptly permit entry

therein by the Building Official, or his or her

authorized representative, for the purpose of

inspection and examination pursuant to this Code.

8-5-2 Housing Quality Standards. Housing used in this

program shall meet the performance requirements set forth in this

chapter. In addition, the housing shall meet the acceptability

criteria set forth in this chapter, except for such variations as

are proposed by the MHA and approved by HUD. Local climatic or

geological conditions or codes are examples which may justify

such variations.

(A) Sanitary Facilities.

1. Performance Requirement. The dwelling unit shall

include its own sanitary facilities which are in proper

operating condition, can be used in privacy, and are

adequate for personal cleanliness and the disposal of

human waste.

2. Acceptability Criteria. A flush toilet, in a separate

private room, and a fixed basin with hot and cold

running water, and shower or tub with hot and cold

running water shall be present in the dwelling unit,

all in proper operating condition. These facilities

shall utilize an approved public or private disposal

system.

(B) Food Preparation and Refuse Disposal.

1. Performance Requirement. The dwelling unit shall

contain suitable space and equipment to store, prepare,

and serve foods in a sanitary manner. There shall be

adequate facilities and services for the sanitary

disposal of food wastes and refuse, including

facilities for temporary storage where necessary (e.g.

garbage cans).

2. Acceptability Criteria. The unit shall contain the

following equipment in proper operating condition:

cooking stove or range and a refrigerator of

appropriate size for the unit, supplied by either the

Owner or the Family, and a kitchen sink with hot and

cold running water. The sink shall drain, into an

approved public or private system. Adequate space for

the storage, preparation, and serving of food shall be

provided.

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8-5-2

1. Performance Requirement. The dwelling unit shall

afford the family adequate space and security.

2. Acceptability Criteria. The dwelling unit shall

contain a living room, kitchen area, and bathroom. The

dwelling unit shall contain at least one bedroom or

living/sleeping room of appropriate size for each two

persons. Persons of opposite sex, other than husband

and wife or very young children, shall not be required

to occupy the same bedroom or living/sleeping room.

Exterior doors and windows accessible from outside the

unit shall be lockable.

(D) Thermal Environment.

1. Performance Requirement. The dwelling unit shall have

and be capable of maintaining a thermal environment

healthy for the human body.

2. Acceptability Criteria. The dwelling unit shall

contain safe heating and/or cooling facilities which

are in proper operating condition and can provide

adequate heat and/or cooling to each room in the

dwelling unit appropriate for the climate to assure a

healthy living environment. Unvented room heaters

which burn gas, oil, or kerosene are unacceptable.

(E) Illumination and Electricity

1. Performance Requirement. Each room shall have adequate

natural or artificial illumination to permit normal

indoor activities and to support the health and safety

of occupants. Sufficient electrical sources shall be

provided to permit use of essential electrical

appliances while assuring safety from fire.

2. Acceptability Criteria. Living and sleeping rooms

shall include at least one window. A ceiling or wall

type light fixture shall be present and working in the

bathroom and kitchen area. At least two electric

outlets, one of which may be an overhead light, shall

be present and operable in the living area, kitchen

area, and each bedroom area.

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8-5-2

(F) Structure and Materials.

1. Performance Requirement. The dwelling unit shall be

structurally sound so as not to pose any threat to the

health and safety of the occupants and so as to protect

the occupants from the environment.

2. Acceptability Criteria. Ceilings, walls, and floors

shall not have any serious defects such as severe

bulging or leaning, large holes, loose surface

materials, severe buckling or noticeable movement under

walking stress, missing parts, or other serious damage.

The roof structure shall be firm and the roof shall be

weather tight. The exterior wall structure and

exterior wall surface shall not have any serious

defects such as serious leaning, buckling, sagging,

cracks, holes, loose siding, or other serious damage.

The condition and equipment of interior and exterior

stairways, halls, porches, walkways, etc. shall be such

as not to present a danger of tripping or falling.

Elevators shall be maintained in safe and operating

condition.

(G) Interior Air Quality.

1. Performance Requirement. The dwelling unit shall be

free of pollutants in the air at levels which threaten

the health of the occupants.

2. Acceptability Criteria. The dwelling unit shall be

free from dangerous levels of air pollution from carbon

monoxide, sewer gas, fuel gas, dust, and other harmful

air pollutants. Air circulation shall be adequate

throughout the unit. Bathroom areas shall have at

least one openable window or other adequate exhaust

ventilation.

(H) Water Supply.

1. Performance Requirement. The water supply shall be

free from contamination.

2. Acceptability Criteria. The unit shall be served by an

approved public or private sanitary water supply.

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(I) Lead Based Paint.

1. Purpose and Applicability.

The purpose of this

paragraph is to implement the provisions of Section 302

of the Lead-Based Paint Poisoning Prevention Act, 42

U.S.C. 4822, by establishing procedures to eliminate as

far as practicable the hazards of lead-based paint

poisoning with respect to existing housing units for

which Requests For Lease Approval are made under this

part. This paragraph is promulgated under the

authorization granted in 24 CFR 35.24(b)(4) and

supercedes, with respect to all housing to which it

applies, the requirements prescribed by subpart C of 24

CFR part 35. The requirements of (I)(4) of this

section are applicable to units for which initial

inspection under 882.209(h)(1) or periodic inspection

under 882.211(b) is made on or after May 1, 1987. The

requirements of this paragraph do not apply to 0-

bedroom units. The requirements of subpart A of 24 CFR

part 35 apply to all units constructed prior to 1978

covered by a Housing Assistance Payments Contract under

this subpart.

2. Definitions-Applicable Surfaces. All intact and non-

intact interior and exterior painted surfaces of a

residentialstructure.

Chewable Surface. All chewable protruding painted

surfaces up to five feet from the floor or ground,

which are readily accessible to children under seven

years of age, e.g., protruding corners, windowsills and

frames, doors and frames, and other protruding

woodworks.

Defective Paint Surface. Paint on applicable surfaces

that are cracking, scaling, chipping, peeling or loose.

Elevated Blood Lead Level or EBL. Excessive absorption

of lead, that is, a confirmed concentration of lead in

whole blood of 25 ug/dl (micrograms of lead per

deciliter of whole blood) or greater.

Lead-Based Paint. A paint surface, whether or not

defective, identified as having a lead content greater

than or equal to 1 mg/cm.

3. Defective Paint. In the case of a unit, for a Family

which includes a child under the age of seven years,

which was constructed prior to 1978, the initial

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8-5-2

inspection under 882.209(h)(1), and each periodic

inspection under 882.211(b), shall include an

inspection for defective paint surfaces. If defective

paint surfaces are found, treatment as required by 24

CFR 35.24(b)(2)(ii) shall be required in accordance

with 882.211(b)-(c), as appropriate. Correction of

defective paint conditions discovered at periodic

inspection shall be completed within thirty (30) days

of PHA notification to the Owner. When weather

conditions prevent completion of repainting of exterior

surfaces within the thirty (30) day period, repainting

may be delayed, but covering or removal of the

defective paint must be completed within the prescribed

period.

4. Chewable Surfaces. In the case of a unit constructed

prior to 1978, for a Family which includes a child

under the age of seven years with an identified EBL

condition. The initial inspection under 882.209(h)(1),

or a periodic inspection under 882.211(b), shall

include a test for lead-based paint on chewable

surfaces. Testing shall be conducted by a State or

local health or housing agency, an inspector certified

or regulated by a State or local health or housing

agency or an organization recognized by HUD. Lead

content shall be tested by using an X-ray fluorescence

analyzer (XRF) or other method approved by HUD. Test

readings of 1 mg/cm or higher using the XRF shall be

considered positive for presence of lead-based paint.

Where lead-based paint on chewable surfaces is

identified, covering or removal

‘

of the paint surface in

accordance with 882.209(h) or 882.211(b) and (c), as

appropriate, and correction shall be completed within

the time limits set forth in paragraph (I)(3) of this

section.

5. Abatement Without Testing. In lieu of the procedures

set out in item (4) above, the PHA at its discretion,

may forego testing and require the Owner to abate all

interior and exterior chewable surfaces in accordance

with the method set out in 25 CFR 35.24(b)(2)(ii).

6. Tenant Protection. The Owner shall take appropriate

action to protect tenants from hazards associated with

abatementprocedures.

7. Records. The PHA shall keep a copy of each inspection

report for at least three years. If a unit requires

testing or if the unit requires treatment of chewable

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8-5-2

surfaces based on testing, the PHA shall keep

indefinitely the test results, and if applicable, the

Owner certification of treatment. The records

shall indicate which chewable surfaces in units have

been tested and which chewable surfaces in units have

been treated. If records establish that certain

chewable surfaces were tested and treated in accordance

with the standards prescribed in this section, such

chewable surfaces do not have to be tested or treated

at any subsequent time.

(J). Access.

1. Performance Requirement. The dwelling unit shall be

usable and capable of being maintained without

unauthorized use of other private properties, and the

building shall provide an alternate means of egress in

case of fire.

2. Acceptability Criteria. The dwelling unit shall be

usable and capable of being maintained without

unauthorized use of other private properties. The

building shall provide an alternate means of egress in

case of fire (such as fire stairs or egress through

windows).

(K) Site and Neighborhood.

1. Performance Requirement. The site and neighborhood

shall be reasonably free from disturbing noises and

reverberations and other hazards to the health, safety,

and general welfare of the occupants.

2. Acceptability Criteria. The site and neighborhood

shall not be subject to serious adverse environmental

conditions, natural or manmade, such as dangerous

walks, steps, instability, flooding, poor drainage,

septic tank back-ups, sewage hazards, mudslides,

abnormal air pollution, smoke or dust; excessive noise,

vibration or vehicular traffic; excessive accumulations

of trash; vermin or rodent infestation; or fire

hazards.

(L) SanitaryConditions.

1. Performance Requirement. The unit and its equipment

shall be in sanitary condition.

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8-5-2

2. Acceptability Criteria The units and its equipment

shall be free of vermin and rodent infestation.

(M) Congregate Housing-Performance Requirement. The foregoing

standards shall apply except for paragraph (B) of this

section and the requirement in paragraph (C)(2) of this

section for a kitchen area. In addition, the following

standards shall apply:

1. The unit shall contain a refrigerator of appropriate

size.

2. The sanitary facilities described in paragraph (A) of

this section shall be contained within the unit.

3. The central dining facility and central kitchen shall

be located within the building or housing complex and

be accessible to the occupants of the congregate units,

and shall contain suitable space and equipment to

store, prepare and serve food in a sanitary manner by a

food service or persons other than the occupants and

shall be for the primary purpose of the occupants of

the congregate units and be of sufficient size to

accommodate the occupants. There shall be adequate

facilities and services for the sanitary disposal of

food wastes and refuse, including facilities for

temporary storage where necessary (e.g. garbage cans).

(N) Independent Group Residence-Performance Requirement. The

foregoing standards shall apply except for paragraphs (A),

(B), (C), (F), (K), and (M), of this section. In addition,

the following standards shall apply:

1. The unit shall contain and have ready access to a flush

toilet which can be used in privacy, a fixed basin with

hot and cold running water, and a shower and/or tub

equipped with hot and cold running water all in proper

operating condition and adequate for personal

cleanliness and disposal of human' waste. These

facilities shall utilize an approved public or private

disposal system, and they shall be sufficient in number

so they need not be shared by more than four occupants.

Those units accommodating physically handicapped

occupants with wheelchairs or other special equipment

shall provide access to all sanitary facilities, and

shall provide as appropriate to the needs of the

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8-5-2

occupants, basins and toilets of appropriate height;

grab bars to toilets, showers and/or bathtubs; shower

seats; and adequate space for movement.

2. The unit shall contain suitable space to store, prepare

and serve foods in a sanitary manner. A cooking stove

or range, a refrigerator(s) of appropriate size and in

sufficient quantity for the number of occupants, and a

kitchen sink with hot and cold running water shall be

present and in proper operating condition. The sink

shall drain into an approved private or public system.

Adequate space for the storage, preparation and serving

of food shall be provided. There shall be adequate

facilities and services for the sanitary disposal of

food wastes and refuse, including facilities for

temporarystoragewherenecessary(e.g. garbagecans).

3. The dwelling shall afford the Family adequate space and

security. A living room, kitchen, dining area,

bathroom, and other appropriate social, recreational or

community space shall be within the unit, and the unit

shall contain at least one bedroom of appropriate size

for each two persons. Exterior doors and windows

accessible from outside each unit shall be capable of

being locked. An emergency exit plan shall be

developed and occupants shall be apprised of the

details of the plan. All emergency and safety features

and procedures shall meet applicable State and local

standards.

4. The unit shall be structurally sound so as not to

pose any threat to the health and safety of the

occupants from the environment. Ceilings, walls, and

floors shall not have any serious defects, such as

severe bulging or leaning, large holes, loose

surface materials, severe buckling or noticeable

movement under walking stress, missing parts, or

other serious damage. The roof structure shall be

firm and the roof shall be weather-tight. The

exterior wall structure and exterior wall surface

shall not have any serious defects such as serious

leaning, buckling, sagging, cracks or holes, loose

siding or other serious damage. The condition and

equipment of interior and exterior stairways, halls,

porches, walkways, etc., shall be such as not to

present a danger of tripping or falling. Elevators

shall be maintained in safe and operating condition.

Units accommodating physically handicapped occupants

with wheelchairs and other special equipment

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8-5-2

shall not contain architectural barriers which impede

access or use, and handrails and ramps shall be

provided as appropriate.

5. The site and neighborhood shall be reasonably free from

disturbing noises and reverberations and other hazards

to the health, safety, and general welfare of the

occupants, and shall not be subject to serious adverse

environmental conditions, natural, or manmade, such as

dangerous walks, steps, instability, flooding, poor

drainage, septic tank backups, sewage hazards or

mudslides; abnormal air pollution, smoke or dust;

excessive noise, vibrations or vehicular traffic;

excessive accumulations of trash; vermin or rodent

infestation; or fire hazards. The unit shall be

located in a residential setting and be similar in size

and appearance to housing generally found in the

neighborhood, and be within walking distance or

accessible via public or available private

transportation to medical and other appropriate

commercial and community service facilities.

6. SupportiveServices.

(i) A planned program of adequate supportive

services appropriate to the needs of the

occupants shall be provided on a continual basis

by a qualified Residents Assistant(s) residing

in the unit, or other qualified person(s) not

residing in the unit, who will provide such

services on a continual, planned basis.

Supportive services which are provided within

the unit may include the following types of

services: Counseling; social services which

promote physical activity; intellectual

stimulation and/or social motivation; training

or assistance with activities of daily living

including housekeeping, dressing, personal

hygiene and/or grooming; provision of basic

first aid skills in case of emergencies;

supervision of self-administration of

medications, diet and nutrition; and assurance

that occupants obtain incidental medical care,

as needed, by facilitating the making of

appointments at, and transportation to medical

facilities. Supportive services provided within

the unit shall not include the provision of

continual nursing, medical or psychiatric care.

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8-5-2

(ii) The provisions and quality of the planned

program of supportive services, including the

minimal qualifications, quantity and working

hours of the Resident Assistant(s) living in the

unit or other person(s) providing continual

supportive services, shall be initially

determined by the Service Agency in accordance

with the standards established by the State.

Compliance with these standards by the Service

Agency shall be regularly monitored throughout

the term of the Contract by the PHA and the

State (e.g. Department of Human Resources,

Mental Retardation, Social Services, etc.) or a

local authority (other than the Service Agency

providing services) designated by the State to

establish, maintain and enforce such standards.

(iii) A written Service Agreement, approved by the

State and in effect between the Owner and the

Service Agency and/or the entities which provide

the necessary supportive service, shall be

submitted to the PHA with the request for Lease

Approval. The Lease between the eligible

individual and the Owner shall set forth the

Owner's obligation for and means of providing

these services. If the lessor provides the

supportive services, a Service Agreement is not

required and the provision of these services

shall be incorporated into the Lease and shall

be incorporated into the Lease and shall be

approved by the State. (See 882.209(j)(2).)

7. State Approval. Independent Group Residences shall be

licensed, certified, or otherwise approved in writing

by the State (e.g. Department of Human Resources,

Mental Health, Retardation, Social Services, etc.)

prior to the execution of the original Contract. This

approval shall be re-examined periodically based on a

schedule established by the State. To assure that

facilities and the supportive services are appropriate

to the needs of the occupants, the State shall also

approve the written Service Agreement (or Leases, if

the services is the lessor) for each Independent Group

Residence. (See882.209(j)(2).)

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(0) Manufactured Home.

1. Performance Requirement. A manufactured home unit,

whether owner or renter occupied, shall comply with the

foregoing standards except for paragraph (M) of this

section, Congregate Housing, and paragraph (N) of this

section, Independent Group Residences. In addition, a

manufactured home unit shall:

a. Meet the definition of a manufactured home set

forth in 882.102.

b. Be equipped with at least one smoke detector in

working condition, and

c. Must be placed on the site in a suitable manner

and be free from hazards such as sliding and

wind damage.

2. Acceptability Criteria. A manufactured home must be

securely anchored by a tie-down device which

distributes and transforms the loads imposed by the

unit to appropriate ground anchors to resist wind

overturning and sliding.

(P) SingleRoomOccupancy(SRO)Unit-PerformanceRequirements.

1. The foregoing standards shall apply except for

paragraphs (A), (E), (C), (M), (N), and (0).

2. Each SRO unit shall be occupied by no more than one

person.

3. Exterior doors and windows accessible from outside the

SRO unit must be able to be locked.

4. Sanitary facilities, space and security shall meet

local code standards for single room occupancy housing.

In the absence of applicable local code standards, the

requirements for habitable rooms used for living and

sleeping purposes contained in the American Public

Health Association's recommended Housing Maintenance

and Occupancy Ordinance shall be used.

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(Q) Shared Housing.

1. Applicability of Housing Quality Standards to Entire

Unit. The entire unit must comply with the Performance

Requirements and Acceptability Criteria, as provided in

paragraphs (A) and (B) of this section and in

paragraphs (D) through (L) of this section.

2. Facilities Available for Family.

The facilities

available for the use of each assisted Family in Shared

Housing under the Family's Lease must include (whether

in the Family's Private Space or in the Common Space) a

living room, sanitary facilities in accordance with

paragraph (A), and food preparation and refuse disposal

facilities in accordance with paragraph (B).

3. Space and Security

(i) Inapplicability of Paragraph (C). Paragraph (C)

of this section does not apply to Shared

Housing.

(ii) Performance Requirement. The entire unit must

provide adequate space and security for all its

occupants (whether assisted or unassisted). The

total number of occupants in the unit may not

exceed twelve (12) persons. Each unit must

contain Private Space containing at least one

bedroom for each assisted Family, plus Common

Space for shared use by the occupants of the

unit. The Private Space for each assisted

Family must contain at least one bedroom for

each two persons in the Family. (The two

preceding sentences do not apply to the case of

two individuals sharing a one-bedroom unit.

However, in that situation, no other person may

occupy the unit.) Common Space must be

appropriate for shared use by the occupants. If

any of the members of the Family are physically

handicapped (as of the time of Lease approval),

the unit's Common Space and the Family's Private

Space must be accessible and usable by them.

(iii)Acceptability Criteria. The unit must contain a

living room, a kitchen, bathroom(s), and

bedroom(s). Persons of opposite sex, other than

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8-5-3

husband and wife or very young children, may not

be required to occupy the same bedroom. Exterior

doors and windows accessible from outside the

unit must be lockable.

(R) Smoke Detectors.

1. Performance Requirement. After October 30, 1992, each

dwelling unit must include at least one battery

operated or hard-wired smoke detector, in proper

working condition on each level of the unit. If the

unit is occupied by hearing-impaired persons, smoke

detectors must have an alarm system, designed for

hearing-impaired persons, in each bedroom occupied by a

hearing-impairedperson.

2. Acceptability Criteria. The smoke detector must be

located, to the extent practicable, in a hallway

adjacent to a bedroom, unless the unit is occupied by a

hearing-impaired person, in case each bedroom occupied

by a hearing-impaired person must have an alarm system

connected to the smoke detector located in the hallway.

8-5-3 Definitions. For the purpose of this Housing Code,

certain terms, phrases, words, and their derivatives shall be

construed as specified in this chapter. Where terms are not

defined, they shall have their ordinary accepted meanings within

the context with which they are used. Merriam Webster's

considered as providing ordinary accepted meanings. Words in the

singular include the plural and the plural the singular. Words

used in the masculine gender include the feminine and the

feminine the masculine. Whenever the words "dwelling", "dwelling

unit", "rooming house", or "premises" are used in this Housing

Code, they shall be construed as though they were followed by the

words "or any part thereof".

(A) "Acceptable" or "approved" shall mean in substantial

compliance with the provisions of the Housing Code, or the

intent of the Code as approved by the Building Official or

his/herdesignatedrepresentative.

(B) "Accessory structure" shall mean a structure which is not

used, nor intended to be used, for living or sleeping by

humanoccupants.

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indirectly connected or an accessory to some other

structure.

(D) "Basement" shall mean a story having at least 1/2 of its

heightbelowgrade.

(E) "Bath" shall mean a bathtub or shower stall connected with

both hot and cold water lines.

(F) "Cellar" shall mean a space having its principal height

below the first or main floor which is used, or intended to

be used, for storage, location for heating equipment, etc.,

and shall not be considered habitable space.

(G) "Certificate of Structural Compliance" shall mean a document

showing that the structure for which it is issued was in

compliance with the City of Muscatine Housing Code at the

time of issuance.

(H) "Communal" shall mean used or shared by, or intended to be

used or shared by, the occupants of two (2) or more rooming

units or two (2) or more dwelling units.

(I) "Condominium" shall mean a dwelling unit which is in

compliance with the requirements of 499B of the Code of

Iowa, as amended.

(J) "Cooperative" shall mean a dwelling unit which is in

compliance with the requirements of 499A of the Code of

Iowa, as amended.

(K) "Court" shall mean an open unoccupied space which is more

than 50% enclosed by buildings.

(L) "Dining room" shall mean a habitable room used, or intended

to be used, for the purpose of eating, but not for cooking

or the preparation of meals.

(M) "Dwelling" shall mean any building or structure which is

wholly or partly used, or intended to be used, for living or

sleeping by human occupants and includes any appurtenances

attachedthereto.

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(N) "Dwelling unit" shall mean any habitable room or group of

adjoining habitable rooms located within a dwelling and

forming a single unit with facilities which are used, or

intended to be used, for living, sleeping, cooking, and

eating of meals.

(0) "Extermination" shall mean the control and elimination of

insects, rodents, or other pests by eliminating their

harborage places, by removing or making inaccessible

materials that may serve as their food, by poisoning,

spraying, fumigating, trapping, or by any other recognized

and legal pest elimination methods approved by the

Inspector.

(P) "Filth" shall mean excrement, either animal or human, or any

materialconnectedtherewith.

(Q) "Garbage" shall mean animal or vegetable waste resulting

from the handling, preparation, cooking, or consumption of

food and shall also mean combustible waste material. The

term shall also include paper, rags, cartons, boxes, wood,

rubber, leather, tree branches, yard trimmings, and other

combustiblematerials.

(R) "Habitable room" shall mean a room, or enclosed space,

having a minimum of seventy (70) square feet of total floor

area within a dwelling unit or rooming unit used, or

intended to be used, for living, sleeping, cooking, or

eatingpurposes, excludingbathrooms, toiletrooms,

pantries, laundries, foyers, corridors, closets, storage

spaces, andstairways.

(S) "Infestation" shall mean the presence, within or around a

dwelling, of any insects, rodents, or other pests in such

quantities as would be considered unsanitary.

(T) "Inspector" shall mean the official or officials of the City

of Muscatine delegated the responsibility to administer the

provisions of the Housing Code, together with his or her

dulyauthorizedrepresentative(s)and/oragent(s).

(U) "Kitchen" shall mean a habitable room used, or intended to

be used, for cooking or the preparation of meals.

(V) "Kitchenette" shall mean a food preparation area of not less

than forty (40) square feet.

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(W) "Lavatory" shall mean a hand washing basin which is

connected to both hot and cold water lines and which is

separate and distinct from a kitchen sink.

(X) "Multiple dwelling" shall mean any dwelling containing three

(3) or more dwelling units.

(Y) "Nuisance" shall mean any item or items as defined in Title

9, Chapter 4, of the City Code for Muscatine, Iowa.

(Z) "Occupant" shall mean any person, including the owner or

operator, living in, sleeping in, and/or cooking in, or

having actual physical possession of a dwelling unit or a

rooming unit.

(AA) "Operator" shall mean any person who rents to another or who

has custody or control of a building, or parts thereof, in

which dwelling units or rooming units are let and who has

custody and control of the premises.

(BB) "Owner" shall mean any person who has control of any

dwelling, dwelling unit, or rooming unit by virtue of a

contractual interest in or legal or equitable title to said

dwelling, dwelling unit, or rooming unit. An owner who has

sold the premises on a legally recorded contract but retains

legal title shall not be deemed an owner hereunder.

(CC) "Person" shall mean any individual, firm, corporation,

association, partnership, trust, orestate.

(DD) "Plumbing" shall mean and include any or all of the

following supplied facilities and equipment: gas pipes,

gas-burning equipment, water pipes, garbage disposal units,

waste pipes, toilets, sinks, lavatories, bathtubs, showers,

water heating devices, catch basins, drains, vents, and

other similar supplied fixtures, together with all

connections to water, sewer, or gas services.

(EE) "Premises" shall mean a lot, plot, or parcel of land

includingallbuilding(s)thereon.

(FF) "Refuse" shall mean waste materials (except human waste)

including garbage, rubbish, ashes, and dead animals.

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8-5-4

(GG) "Roomer

" shall mean an occupant of a rooming house or

rooming unit and shall also mean an occupant of a dwelling

who is not a member of the family occupying the dwelling.

(HH) "Rooming unit" shall mean any habitable room, or group of

adjoining habitable rooms, located within a dwelling and

forming a single unit with facilities which are used, or

intended to be used, primarily for living and sleeping and

contain no cooking equipment except that a properly

connected and safely operated microwave shall be permitted.

A rooming unit shall have a bath and toilet facilities

available for exclusive use by the occupant(s) or for

communal use in accordance with Sections 8-5-7(D)1 and

8-5-7(D)2.

(II) "Rubbish" shall mean inorganic waste material consisting of

primarilynoncombustiblematerials.

(JJ) "Supplied" shall mean paid for, furnished by, provided by,

or under the control of the owner or operator.

8-5-4 Permits and Inspection.

(A) General. It shall be unlawful for any person, firm, or

corporation to erect, construct, enlarge, alter, repair,

move, improve, remove, convert, or demolish any building or

structure regulated by this Code without first obtaining a

separate permit for each building or structure from the

Building Official in the manner and according to the City

Code for Muscatine, Iowa.

(B) Fees. Whenever a building permit is required by Section 85-

4(A) of this Code, the appropriate fees shall be paid to

the Building Official at the rate(s) established by the City

Council.

this Code and all construction or work for which a permit is

required shall be subject to inspection by the Building

Official in accordance with and in the manner provided by

the City Code for the City of Muscatine.

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8-5-5Certification.

(A) General. The City of Muscatine shall cause all properly

registered rental property to be inspected for compliance

under this Code every three (3) years in the case of unit(s)

more than five (5) years old. The City shall also certify

that all properly inspected rental housing comply with the

provisions of this Code or the City shall initiate action to

begin necessary repairs or demolition proceedings as

specified in this Code.

(B) Fees. Upon receipt of Notice of Violation in the case of

noncompliance or the appropriate Certificate of Structural

Compliance if the inspected unit(s) comply with the

provisions of this Chapter. The owner or operator shall

forward the related inspection fee(s) to the City of

Muscatine Fire Department no later than thirty (30) days

from the date the notice or certificate is issued. An

itemized bill of inspection fees shall be included. Said

fees shall be adopted by resolution by the City Council of

Muscatine. Failure to pay all fees within the prescribed

period may result in additional late payment charges as may

be approved and set by the City Council.

structural compliance shall be a document which, when

issued, shall indicate that the affected structure meets the

minimum requirements contained in this Code. The certificate

shall be transferable at the time of a change in ownership

and shall remain a part of the City of Muscatine property

file. The certificate shall be interpreted as granting the

owner or operator the right to let the structure for

residential occupancy. The certificate of structural

compliance shall state the date of issuance, type of

structure for which the certificate is being issued, and the

address of the structure to which it is applicable. The

certificate may include only those units within a dwelling

meetingcertificationrequirements.

(D) Issuance of Certification of Structural Compliance. When the

provisions of this Code have been complied with by the owner

or operator, the Inspector shall issue a Certificate of

Structural Compliance. Said certificate shall be made in

duplicate with the owner or operator receiving one copy and

the other copy shall be retained by the Inspector for

inclusion in the City of Muscatine property files. A

certificate for any unit which is more than thirty (30) days

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8-5-6

past expiration in which access for inspection has not been

granted on at least two (2) separate occasions may be found

to be in violation of this Code and may be immediately

posted for "NO OCCUPANCY", vacated (if occupied) or remain

vacant (if unoccupied), until such time as the required

inspection(s) have been scheduled, the inspection(s)

conducted, the unit found to be in compliance with this

Code, and a Certificate of Structural Compliance issued

together with the payment of all appropriate fees as

established elsewhere in this code.

8-5-6 Minimum Structural Standards for All Dwellings.

(A) Kitchens. Every dwelling unit shall have a kitchen or

kitchenette equipped with the following:

1. An approved kitchen sink.

2. Space capable of properly accommodating a refrigerator

and a stove or range.

3. Proper access terminals to utilities necessary to

properly operate a refrigerator and stove or range.

4. Adequate space for the storage and preparation of food.

(B) Sanitation. Every kitchen sink, toilet, lavatory basin, and

bath shall be properly connected to an approved water and

sewer system as provided for in the City of Muscatine City

Code. Additionally, sanitary facilities shall include the

following:

1. Every dwelling unit shall contain a toilet.

2. Every dwelling unit shall contain a bath or shower

compartment.

3. Every dwelling unit shall contain a lavatory basin.

4. Every toilet and bath shall be contained within a room

which will afford privacy to the user and shall be

separated from a food preparation area by a tight

fitting door.

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bath and lavatory basin required in accordance with the

provisions of this Housing Code shall be properly connected

with supplied water heating facilities. Every supplied

water heating facility shall be properly connected and shall

be capable of heating water to such a temperature as to

permit an adequate amount of water to be drawn on every

kitchen sink and lavatory basin required at a temperature of

not less than one hundred twenty (120) degrees Fahrenheit

(forty-eight{48}degreesCentigrade). Suchsuppliedwater

heating facilities shall be capable of meeting the

requirements of this section, regardless of space heating

facilities which are not in operation.

(D) Exits.

1. Every dwelling unit and rooming unit shall have access

to two (2) independent, unobstructed means of egress

remote from each other. At least one shall be an exit

which discharges directly to corridors or stairways or

both to a public way. If both means of egress are to a

common corridor, they shall be in opposite directions

or in compliance with local building and/or fire codes.

2. Every means of egress shall comply with the following

requirements:

(a) Handrails. All stairways comprised of four (4) or

more risers shall be provided with a substantial

andsafelyconstructedhandrail.

(b) Guardrails. All unenclosed floor and roof

openings, open and glazed sides of landings and

ramps, balconies, or porches which are more than

thirty inches (30") above grade and any roof used

for other than maintenance purposes shall be

protected by a substantial and safely constructed

guardrail.

riser height and uniform tread width which shall

be adequate for safe use.

(d) Doors and windows accessible from outside the unit

shall be lockable from inside the unit.

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(e) In basement units where one means of egress is a

window, such window shall have an unobstructed

opening no less in area than that required in the

Building Code.

(f) No existing fire escape shall be deemed a

sufficient means of egress unless it is in

compliance with the fire codes of the State of

Iowa.

(g) Every doorway providing ingress or egress from any

dwelling unit, rooming unit, or habitable room

shall be at least six feet, four inches (6' 4")

high and twenty-four inches (24") wide.

(E) Natural Artificial Light. Every habitable room shall be

provided with adequate natural and/or artificial light to

permit normal indoor activities and to support the health

and safety of the occupants.

(F) Ventilation.

1. Every dwelling unit shall be provided with natural

ventilationasfollows:

(a) Every window or other device with openings to the

outdoor space which are capable of being used for

ventilationpurposesandcurrentlycontainscreens

shall be maintained in a good state of repair.

(b) Every door opening directly from a dwelling unit

or rooming unit to the outdoor space shall fit

reasonably tight within its frame and shall be

maintained in a good state of repair.

compartment shall have at least one openable

window facing directly to the outdoors.

2. Every dwelling unit shall be equipped with mechanical

ventilationasfollows:

(a) In lieu of openable windows for natural

ventilation, asspecifiedinSection8-5-6(F)1(c),

adequate ventilation which provides not less than

two (2) air changes per hour in all bathrooms or

toiletcompartments.

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(b) No mechanical exhaust system, exhausting vapors,

gases, or odors shall be discharged into an attic,

crawl space, or cellar unless such attic, crawl

space, or cellar is adequately vented to the

outside.

(G) Heating. Heating shall be provided as follows:

1. Every dwelling shall have heating facilities which are

properly installed and are capable of safely and

adequately heating all habitable rooms, bathrooms, and

toilet rooms located therein to a temperature of at

least sixty-eight (68) degrees Fahrenheit (nineteen

(19) degrees Centigrade at a distance of three feet

(3') above the floor level. Said heating facilities

shall be so designed and equipped that heat, as herein

specified, is available for all dwelling units and

rooming units between the hours of 6:30 a.m. and 10:30

p.m., of each day, and shall maintain a temperature of

not less than sixty (60) degrees Fahrenheit from 10:30

p.m. to 6:30 a.m. of each day.

2. Every central heating unit, space heater, water heater,

and cooking appliance shall be located and installed in

such a manner so as to afford reasonable protection

against involvement of egress facilities or egress

routed in the event of uncontrolled fire in the

structure.

3. Every fuel-burning heating unit or water heater shall

be effectively vented in a safe manner to a chimney or

duct leading to the exterior of the building. The

chimney duct and vent shall be of such design as to

assure proper draft and shall be adequately supported.

4. No fuel-burning furnace or water heater shall be

located within any sleeping room or bathroom unless

there is adequate combustion air, an automatic shutoff

is provided, and the continuing operation of the

furnace and/or water heater poses no threat to the

occupant, as determined by the Inspector.

5. Every steam or hot water boiler and every water heater

shall be protected against overheating by appropriate

pressure and temperature limit controls.

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6. Every fuel-burning space heating unit and water heater

shall be equipped with an electronic ignition or with a

pilot light and an automatic control to interrupt the

flow of fuel to the unit in the event of failure of the

ignition device.

(H) Electrical Requirements. Extension cords shall not be used

or considered as permanent wiring intended to meet the

requirements contained in this section.

1. Every habitable room shall contain at least two (2)

separate floor or wall-type electric double convenience

outlets which shall be properly installed, on adjacent

walls or otherwise separated for reasonable access from

all spaces within the room.

2. Every toilet room, bathroom, laundry room, furnace

room, basement, and cellar shall contain at least one

supplied ceiling or wall-type electric light fixture,

and one floor or wall-type electrical outlet which

shall be properly installed.

(I) Minimum Space and Occupancy Standards. Minimum space and

occupancy standards shall be the minimum requirements

established in the Housing Quality Standards as adopted, and

amended by the United States Department of Housing and Urban

Development.

1. Ceiling Height. The

ceiling height in every habitable

room shall be at least six feet, eight inches (6' 8").

In addition, obstructions of space by such items as

water and gas pipes, cabinetry, etc. shall be permitted

when such obstructions are located in such a fashion

that they do not interfere with normal or emergency

ingress and egress and are approved by the Inspector.

8-5-7 Minimum Structural Standards for All Rental Housing.

(A) Access. Access to each dwelling unit or rooming unit shall

not require first entering any other dwelling unit or

rooming unit.

Exception: Access to rooming units may be through a living

room or kitchen of a unit occupied by the owner or operator

of the structure.

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No dwelling, dwelling unit, or rooming unit containing two

(2) or more sleeping rooms shall have such arrangements that

access to a bathroom or water closet compartment intended

for use by occupants of more than one (1) sleeping room can

be had only by going through another sleeping room; nor

shall room arrangements be such that access to a sleeping

room can be had only by going through another sleeping room.

Exception: Access may be provided through not more than one

room which is restricted for use as a sleeping room for

children under five (5) years of age. However, all other

occupancyminimumsshallapply.

(B) Lighting in Public Halls and Stairways. Lighting shall be

providedasfollows:

1. Public passageways and stairways in dwellings

accommodating three (3) or more dwelling units or

rooming units shall be provided with a convenient wall-

mounted light switch(es) which activates an adequate

lightingsystem.

2. Exterior stairways serving individual units shall be

supplied with sufficient illumination to allow their

safe use.

fire protection equipment as follows:

1. All structures containing three (3) or more dwelling

units or rooming units shall be provided with a

sufficient number of fire extinguishers which are

approved by the Fire Marshall. Fire extinguishers

shall be properly hung in an area accessible to all

tenants within the individual unit, or in the common

corridors at each level and in the basement.

2. All dwelling units and rooming houses shall be

provided with smoke detectors approved by the Fire

Marshall and located in the following areas:

(a) In all efficiency dwelling units and guest

rooms in an area centrally located on the

ceiling or on a wall not more than twelve inches

(12") from the ceiling of the main room.

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(b) In each area or corridor of a dwelling unit

providing access to a sleeping room or rooms.

and basement of every residential building. For

the purposes of this section, common areas or

corridors shall mean those areas not under the

direct control of the individual tenant(s) but are

intended for use by the occupant(s) of more than

one dwelling or rooming unit.

(d) In other areas as may be required by State Law.

3. LocationandInstallation. Allsmokedetectorsshallbe

located and mounted on a ceiling or on a wall not more

than twelve inches (12") from the ceiling at a point

centrally located within the required area. Smoke

detectors shall be located in accordance with the

manufacturer'srecommendationandthiscode.

4. Power Source and Maintenance. Buildings required by

State and local law to install smoke detectors

receiving their primary source from building wiring

shall comply with all applicable laws concerning

installation, inspection, and maintenance. All other

units may receive their primary source of power from

batteries.

5. Owners responsibility. The owner shall be responsible

for the installation and testing of all smoke detectors

as a condition to occupancy.

(a) If the unit is currently (and otherwise legally)

occupied on the effective date of this ordinance,

the owner shall cause all existing smoke detectors

to be tested. Any non-functioning and/or

inoperable detectors and batteries shall be

immediately replaced by the owner, at the owners

expense. It shall be the responsibility of the

owner to provide verification of compliance with

this section when requested by the City, or the

owner shall be guilty of a Municipal Infraction.

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(b) When a unit is scheduled for occupancy by a new

tenant(s), it shall be the responsibility of the

owner to install and test all required smoke

detectorspriortooccupancy. Allnon-functioning

and/orinoperabledetectorsandbatteriesshallbe

replaced at the owner's expense. The owner shall

retain verification of this requirement and

produce it when requested by the City, or the

owner shall be guilty of a Municipal Infraction.

installation and maintenance of all detectors and

batteries located in common corridors and other

areas required by law that are not under the

direct control of the occupant(s).

6. OccupantsResponsibility.

(a) The occupant shall be responsible for the

replacement of all batteries necessary for the

proper operation of all supplied smoke detectors

within the rental dwelling. The occupant shall be

required to notify the owner, in writing, of any

deficiencies known to exist in the supplied

detector. It shall be the responsibility of the

occupant to test all smoke detectors on a regular

basis to insure proper operation. Failure to keep

batteries replaced, as necessary for their safe

operation, shall cause the occupant to be in

violation of this section and subject to a

municipalinfractioncitation. Detectorsshallbe

mounted on the ceiling or wall at a point

centrally located in the corridor or area giving

access to rooms used for sleeping purposes. Smoke

detectors hereinafter installed in areas where

sleeping rooms are on an upper level shall be

placed above the stairway. When actuated, the

detector shall provide an alarm for the dwelling

unit or rooming unit.

(D) Sanitation.

1. Toilets and Lavatory Basins. At least one toilet and

one lavatory basin shall be supplied for each eight (8)

persons, or fraction thereof, residing within a

dwelling containing a rooming unit, or units, including

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members of the operator's family whenever they share

said facilities.

Exception: In rooming houses where rooms are let to

males only, flush urinals may be substituted for not

more than one-half (1/2) of the required number of

toilets.

2. Baths. At least one bath shall be supplied for each

eight (8) persons, or fraction thereof, residing within

a dwelling containing a rooming unit or units,

including members of the operator's family whenever

they share the use of said facilities.

(E) Communal Toilets, Kitchens, and Dining Rooms.

1. Communal Toilets and Baths. Communal toilets and baths

shall be located on the same floor or the floor

immediately above or below the rooming unit.

2. Communal Kitchens. If a communal kitchen is supplied,

it shall comply with the following requirements:

(a) The minimum floor area of communal kitchens shall

be sixty (60) square feet.

(b) Floor area in communal kitchens which permits

roomers to prepare and eat meals shall be one

hundred (100) square feet.

capacity, an approved sink, and a stove or range.

(d) It shall include at least one cabinet of adequate

size suitable for the storage of food and eating

and cooking utensils.

(e) It shall contain a table and adequate chairs for

the normal use of the facilities if a communal

dining room is not supplied.

(f) Every communal kitchen shall be located within a

room accessible to the occupants of each rooming

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unit sharing the use of such kitchen, without

going outside of the dwelling and without going

through a dwelling unit or rooming unit of another

occupant.

3. Communal Dining Rooms. Every dwelling or rooming

house within which the occupant of any rooming unit

is permitted to prepare meals or cook within a

communal kitchen containing less than one hundred

(100) square feet of floor area, as provided in

Section 8-57(E)2(b), shall contain a communal dining

room which complies with the following requirements:

(a) Every communal dining room shall be located on the

same floor as the communal kitchen and located as

nearly adjacent to the communal kitchen as is

practicable.

(b) Accessibility to the communal dining room by

occupants shall be the same as requirements for

communalkitchensinSection8-5-7(E)2(f).

adequate chairs for the normal use of the

facilities.

(d) Every communal dining room shall contain not less

than seventy (7q) square feet of floor area.

(F) Lead Based Paint. Every owner or operator of a dwelling

shall comply with HUD Lead Based Paint Regulations, 24 CFR,

Part 35, issued pursuant to the Lead Based Paint Poisoning

Prevention Act.

(G) Shades, Draperies, and Window Coverings.

1. Every window in rooms used for sleeping purposes in

rooming units and furnished dwelling units shall be

supplied with shades, draperies, or other devices or

materials which, when properly used, will afford

privacy to the occupants.

2. Every window in rooms used for sleeping purposes in

unfurnished dwelling units shall be supplied with hard-

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8-5-8

ware necessary to support shades, draperies, or other

devices or materials which, when properly used, will

afford privacy to the occupants.

(H)MobileHomeTiedownRequirements.

1. All mobile homes shall be provided with two (2) frame

ties and two (2) over-the-top tiedowns equal to or

better than the specifications outlined in booklet TR-

75 published by the Department of Defense.

8-5-8OwnersResponsibilities.

(A)MaintenanceofStructure.

1. Every foundation, roof, floor, wall, ceiling, stair,

step, elevator, handrail, porch, guardrail, sidewalk,

and appurtenance thereto shall be maintained in a safe

and sound condition and shall be capable of supporting

the loads that normal use may cause to be placed

thereon.

2. Every foundation, floor, exterior wall, exterior door,

window, and roof shall be maintained in a reasonably

weather tight, watertight, rodent proof, and insect

proofcondition.

3. Every door and window to include all hardware

associated with every door and window shall be

maintained in good and functional condition and shall

fit reasonably well within its frame.

4. Every interior partition, wall, floor, ceiling, and

other interior surface shall be maintained so as to

permit it to be kept in a clean and sanitary condition,

and where appropriate, shall be capable of providing

privacy.

(B)MaintenanceofAccessoryStructures.

1. Everyfoundation, exteriorwall, roof, window,

exterior door, and appurtenance of every accessory

structure shall be so maintained as to prevent the

structure from becoming a harborage for rats or other

vermin and shall be maintained in a reasonably

watertight, structurallysoundconditioncapableof

withstanding imposed wind and snow loads.

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2. Security. Every accessory building and/or garage shall

be secured against unauthorized entry, or it shall be

declared a public nuisance subject to abatement and/or

civil penalty. It shall be the responsibility of the

person(s) having the possession and use of the

accessory building to comply with this section.

1. Rainwater Drainage. Rainwater shall be directed away

from the building so as to prevent water damage to the

structure.

2. Grading and Drainage. Every premises shall be graded

and drained so no stagnant water will accumulate or

stand thereon.

Exception: This section shall not affect the existence

or maintenance of approved storm water detention

systems.

(D) Chimneys. Every chimney shall be adequately supported and

maintained in a reasonably good state of repair.

(E) Protection of Exterior Wood Surfaces. All exterior wood

surfaces of a dwelling and its accessory structures,

porches, and similar appurtenances shall be protected from

the elements and against decay by a non-lead based paint or

otherapprovedprotectivecovering.

Exception: Any exterior wood surface comprised of a type or

species of wood or which has been treated to resist decay

and infestation shall be exempted from the above listed

requirement when approved by the Inspector.

(F) Egress from Structure. Every means of egress shall be

maintained in good condition and shall be free of

obstruction at all times. If the means of egress is a fire

escape, it shall be maintained in a good state of repair.

Egress via exterior stairways shall be provided with

sufficient illumination to allow for their safe use by the

occupant.

(G) Screening. Every openable exterior window, door, or similar

device intended to be used for ventilation in a non-air

conditioned environment, shall be supplied with properly

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fitted screens of not less than sixteen (16) mesh to the

inch. All doors leading into common stairways or corridors

shared by more than one tenant shall be supplied with

screening sufficient to allow ventilation into the common

areas when such areas are not air conditioned. Such

screening shall be maintained in good repair.

(H) Electrical System. The electrical system of every dwelling

or accessory structure shall not by reason of overloading,

dilapidation, lack of insulation, improper fusing, or for

any other cause, expose the occupants to hazards of

electrical shock or fire, and every electrical outlet,

switch, and fixture shall be maintained in good and safe

workingcondition.

(I) Maintenance of Supplied Plumbing Fixtures. Every supplied

plumbing fixture and water and waste pipe shall be

maintained in a good and sanitary working condition. Water

pressure shall be adequate to permit a proper flow of water

from all open outlets at all times.

(Except during

maintenanceandrepair.)

(J) Maintenance of Gas Appliances and Facilities.

1. Every gas pipe shall be sound and tightly put together

and shall be free of leaks, corrosion, and obstruction

causingreducedpressureorvolume.

2. Gas pressure shall be adequate to permit a proper flow

of gas from all open gas valves at all times.

(K) Maintenance of Heating and Supplied Cooling Facilities. The

heating equipment of each dwelling shall be maintained in a

good, safe working condition and shall be capable of heating

all habitable rooms and bathrooms located therein to the

minimum temperature required by this Code. However, heating

and supplied cooling equipment shall not be required to be

maintained in operational condition during what is

considered to be off season periods.

(L) Floors. Every toilet room floor surface, bathroom floor

surface, and kitchen floor surface shall be maintained so as

to permit them to be kept in a clean, dry, and sanitary

condition.

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8-5-9

(M) Supplied Facilities. No supplied facility shall be removed,

shut off, or disconnected from any occupied dwelling unit or

rooming unit except for such temporary interruption(s) as

may be necessary while actual(and active) repairs,

replacements, or alterations are being made, unless

authorized by court order.

(N) Maintenance of Sanitary Facilities. All toilets, baths, and

lavatory basins shall be maintained in good working

condition.

(0) Fire Protection. All fire extinguishers and early warning

fire protection systems shall be maintained in good working

condition at all times.

(P) Pest Extermination. The property owner shall be responsible

for extermination of pests when it is determined by the

Health Officer, or his or her designated agent, that the

infestation is present in two (2) or more dwelling units or

rooming units within a dwelling.

(Q) Garbage Disposal. Every owner of a dwelling shall supply an

approved exterior location for the disposal of garbage and

in compliance with the City Code for Muscatine, Iowa.

(R) Occupancy Control. A dwelling unit shall not exceed

occupancymaximums.

(S) Cooking in Rooming Units.

No owner or operator shall

knowingly allow the use of cooking equipment within any

rooming unit.

8-5-9 Occupant'sResponsibilities.

(A) Occupant Responsible for Controlled Areas. Every occupant

of a dwelling unit or rooming unit shall keep in a clean,

safe, and sanitary condition that part of the dwelling,

dwelling unit, rooming unit, or premises thereof he or she

occupies and controls, to include:

1. Every floor and floor covering shall be kept reasonably

clean and sanitary.

2. Every wall and ceiling shall be kept reasonably clean

and free of dirt or greasy film.

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3. No dwelling shall be used for the storage or handling

of refuse, except as provided in this Code.

(B) Plumbing Fixtures. The occupants of a dwelling unit shall

keep all supplied plumbing fixtures therein in a clean and

sanitary condition and shall be responsible for the

reasonable care, proper use, and proper operation thereof.

dwelling shall be responsible for the extermination of any

insects, rodents, or other pests on the premises. Every

occupant of a dwelling containing two (2) or more dwelling

units or rooming units shall be responsible for such

extermination within the unit occupied by him or her

whenever said unit is the only one infested. However,

whenever it is determined by the Health Officer, or his or

her designated agent, that infestation is caused by failure

of the owner to maintain a dwelling in a reasonably rodent

proof and/or insect proof condition, extermination shall be

the responsibility of the owner.

(D) Storage and Disposal of Garbage.

Every occupant of a

dwelling shall dispose of rubbish, garbage, and any other

organic waste in a clean and sanitary manner by placing it

in container(s) required by the City Code of Muscatine,

Iowa.

(E) Electrical Wiring. No temporary wiring or extension cords

shall be used, except extension cords which run directly

from portable electric fixtures to convenience outlets and

which do not lie beneath floor coverings or extend through

doorways, transoms, or similar structural elements or

attached thereto. The occupant shall not knowingly overload

the circuitry of the dwelling unit or rooming unit. Multi-

plug connectors may only be used when they are equipped with

an overcurrent device and individually approved by the

inspector.

(F) Supplied Facilities. Every occupant of a dwelling unit

shall keep all supplied fixtures and facilities therein in a

clean and sanitary condition and shall be responsible for

the reasonable care, proper use and proper operation

thereof.

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8-5-11

(G) Preparation of Meals in Rooming Units Prohibited. No

occupant of a rooming unit shall prepare meals in his or her

rooming unit unless an approved kitchen and/or dining room

is contained within the rooming unit or in accordance with

communal facilities outlined in Section 8-5-7 of this Code.

(H) Occupancy Control. No occupant shall allow the occupancy of

any dwelling unit or rooming unit within which he or she

resides to exceed the occupancy standards outlined in

Section 8-5-6 of this Code.

8-5-10SubstandardBuildings.

(A) Definition. Any building or portion thereof, including any

dwelling, dwelling unit, rooming unit, guest room, or the

premises on which the same is located, in which there exists

a violation of this Code to the extent that the violation

endangers the life, limb, health, property, safety, or

welfare of the public or the occupant(s) thereof shall be

deemed and hereby is declared to be a substandard building.

(B) Substandard Buildings. All buildings or portions thereof

which are determined to be substandard are hereby declared

to be public nuisances and shall be abated by repair,

rehabilitation, demolition, or removal in accordance with

the procedure specified in Section 8-5-11 of this Code.

8-5-11NoticesandOrdersofBuildingOfficial.

(A) General.

1. CommencementofProceedings. WhenevertheBuilding

Official has inspected, or caused to be inspected, any

building or portion thereof and has found and

determined that such building or portion thereof is a

substandard building, he or she shall commence

proceedings to cause the repair, rehabilitation,

vacation, or demolition of the building or portion

thereof.

2. Notice and Order. The Building Official shall issue a

notice and order directed to the record owner of the

building. The notice and order shall contain:

(a) The street address and a legal description

sufficient for identification of the premises upon

which the building is located.

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(b) A statement that the Building Official has found

the building to be substandard with a brief and

concise description of the conditions found to

render the building dangerous under the provisions

of Section 8-5-10(B) of this Code.

determined by the Building Official.

(i) If the Building Official has determined that

the building or structure must be repaired,

the order shall require that all required

permits be secured therefor and the work

commenced within such time (not to exceed

sixty {60} days from the date of the order)

and completed within such time as the

Building Official shall determine is

reasonable under all the circumstances.

(ii) If the Building Official has determined that

the building or structure must be vacated,

the order shall require that the building or

structure shall be vacated within a certain

time from the date of the order as determined

by the Building Official to be reasonable,

given the nature of the violation(s).

(iii)If the Building Official has determined that

the building or structure must be demolished,

the order shall require that the building be

vacated within such time as the Building

Official shall determine reasonable (not to

exceed sixty {60} days from the date of the

order), that all required permits be secured

therefor within sixty (60) days from the date

of the order, and that the demolition be

completed within such time as the Building

Official shall determine is reasonable.

(d) Statements advising that if any required repair or

demolition work (without vacation also being

required) is not commenced within the time

specified, the Building Official (i) will order

the building vacated and posted to prevent further

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occupancy until the work is completed, and (ii)

may proceed to cause the work to be done and

charge the costs thereof against the property or

its owner.

(e) Statements advising (i) that any person having any

record title or legal interest in the building may

appeal from the notice and order or any action of

the Building Official to the Housing Advisory and

Appeals Board, provided the appeal is made in

writing as provided in this Code and filed with

the Building Official within thirty (30) days from

the date of service of such notice and order, and

(ii) that failure to appeal will constitute a

waiver of all right to an administrative hearing

and determination of the matter.

3. Service of Notice and Order. The notice and order, and

any amended or supplemental notice and order, shall be

served upon the record owner and posted on the

property. The failure of the Building Official to serve

any person required herein to be served shall not

invalidate any proceedings hereunder as to any other

person duly served or relieve any such person from any

duty or obligation imposed on him by the provisions of

this section.

4. Method of Service. Service of the notice and order

shall be made upon all persons entitled thereto either

personally or by mailing a copy of such notice and

order by certified mail, postage prepaid, return

receipt requested, to each such person at his address

as it appears on the last equalized assessment roll of

the county or as known to the Building Official. If no

address of any such person so appears or is known to

the Building Official, then a copy of the notice and

order shall be posted on the property where the

violation exists. The failure of any such person to

receive such notice shall not affect the validity of

any proceedings taken under this section. Service by

certified mail in the manner herein provided shall be

effective on the date of mailing.

5. Proof of Service. Proof of service of the notice and

order shall be certified to at the time of service by a

written declaration under penalty of perjury executed

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by the person effecting service, declaring the time,

date, and manner in which service was made. The

declaration, together with any receipt card returned in

acknowledgment of receipt by certified mail shall be

affixed to the copy of the notice and order retained by

the Building Official.

(B) Recordation of Notice and Order. If compliance is not had

with the order within the time specified therein, and no

appeal has been properly and timely filed, the Building

Official may file in the Office of the County Recorder a

certificate describing the property and certifying (i) that

the building is a substandard building, and (ii) that the

owner has been so notified. Whenever the corrections

ordered shall thereafter have been completed or the building

demolished so that it no longer exists as a substandard

building on the property described in the certificate, the

Building Official shall file a new certificate with the

County Recorder certifying that the building has been

demolished or all required corrections have been made so

that the building is no longer substandard, whichever is

appropriate.

1. Standards to be Followed. The following

standards shall be followed by the Building Official

(and by the Housing Advisory and Appeals Board if an

appeal is taken) in ordering the repair, vacation, or

demolition of any substandard building or structure:

(a) If any building declared a substandard building

under this ordinance shall either be repaired in

accordance with the current Building Code or shall

be demolished at the option of the building owner.

(b) If the building or structure is in such condition

as to make it immediately dangerous to the life,

limb, property, or safety of the public or of the

occupants, it shall be ordered to be vacated.

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8-5-12

(D) Notice to Vacate.

1. Posting. Every notice to vacate shall, in addition to

being served as provided in Section 8-5-11(A)3, be

posted at or upon each exit of the building and shall

be in substantially the following form:

DO NOT ENTER

UNSAFE TO OCCUPY

It is a misdemeanor to enter this building or remove or

deface this notice. Any person(s) found inside this

building are subject to immediate arrest. Building

Department, CityofMuscatine.

2. Compliance. Whenever such notice is posted, the

Building Official shall require that the Owner comply

with all provisions of the Housing Code with respect to

occupancy prior to removal of the posting, and

subsequent occupancy of the building send a

notification there of in the notice and order issued by

him under Section 8-5-11(A)2, reciting the emergency

and specifying the conditions which necessitate the

posting. No person shall remain in or enter any

building which has been so posted, except that entry

may be made to repair, demolish, or remove such

building under permit. Nothing contained herein shall

prevent authorized person(s) from entering the property

for the sole purpose of removing personal belongings

during all reasonable hours, with prior notification

and approval of the City.

No person shall remove or deface any such notice after

it is posted until the required repairs, demolition, or

removal have been completed and a Certificate of

Structural Compliance Occupancy issued pursuant to the

provisions of this the Building Code. Any person

violating this subsection shall be guilty of a

misdemeanor.

8-5-12Appeals.

(A) Housing Advisory and Appeals Board. In order to provide for

final interpretation of the provisions of this Code and to

hear appeals provided for hereunder, there is hereby

established a Housing Advisory and Appeals Board consisting

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of five (5) members who are not employees of the City. The

Building Official shall be an ex officio member of and shall

act as secretary to said board. The board shall be

appointed by the governing body and shall hold office at its

pleasure. The board shall adopt reasonable rules and

regulations for conducting its business and shall render all

decisions and findings in writing to the appellant with a

copy to the Building Official. Appeals to the board shall

be processed in accordance with the provisions contained in

Section 8-5-12(B) of this Code. Copies of all rules or

regulations adopted by the board shall be delivered to the

Building Official, who shall make them freely accessible to

the public.

(B) Form of Appeal. Any person entitled to service under this

Code may appeal any notice and order or any action of the

Building Official under this Code by filing at the office of

the Building Official a written appeal containing:

1. A heading in the words: "Before the Board of Appeals

of the City of Muscatine , Iowa , ……………

of ……………"

2. A caption reading: "Appeal of ... ", giving the

names of all appellants participating in the appeal.

3. A brief statement setting forth the legal interest of

each of the appellants in the building or land involved

in the notice and order.

4. A brief statement in ordinary and concise language of

that specific order or action protested, together with

any material facts claimed to support the contentions

of the appellant.

5. A brief statement in ordinary and concise language of

the relief sought and the reasons why it is claimed the

protested order or action should be reversed, modified,

or otherwise set aside.

6. The signatures of all parties named as appellants and

their official mailing address.

7. The verification (by declaration under penalty of

perjury) of at least one appellant as to the truth of

the matters stated in the appeal.

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thirty (30) days from the date of the service (or other such

time as may have been imposed by the Building Official based

on the type of violation) of such order or action of the

Building Official; provided, however, that if the building

or structure is in such condition as to make it immediately

dangerous to the life, limb, property, or safety of the

public or adjacent property, or has otherwise been

declared a Public Nuisance as contained elsewhere herein,

and is ordered vacated and is posted in accordance with this

Code, such appeal shall be filed within ten (10) days from

the date of the service of the notice and order of the

BuildingOfficial.

(D) Processing of Appeal. Upon receipt of any appeal filed

pursuant to Section 8-5-12(B), the Building Official shall

present it to the Board of Appeals in accordance with this

Chapter.

(E) Scheduling and Notice of Appeal for Hearing.

As soon as

practicable after receiving the written appeal, the Housing

Board of Appeals shall fix a date, time, and place for

hearing of the appeal by the board. Such date shall be not

less than seven (7) days nor more than thirty (30) days from

the date the appeal was filed with the Building Official.

Written notice of the time and place of the hearing shall be

given at least five (5) days prior to the date of the

hearing to each appellant by the secretary of the board,

either by causing a copy of such notice to be delivered to

the appellant personally or by mailing a copy thereof,

postage prepaid, addressed to the appellant at his address

shown on the appeal.

(F) Effect of Failure to Appeal. Failure of any person to file

an appeal in accordance with the provisions of this Code

shall constitute a waiver of his or her right to an

administrative hearing and adjudication of the notice and

order or to any portion thereof.

(G) Scope of Hearing on Appeal. Only those matters or issues

specifically raised by the appellant shall be considered in

the hearing of the appeal.

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8-5-13

(H) Staying' of Order Under Appeal. Except for vacation orders

made pursuant to Section 8-5-11, enforcement of any notice

and order of the Building Official issued under this Code

shall in abeyance during the pendency of an appeal therefrom

which is properly and timely filed.

8-5-13 Procedures for Conduct of Hearing Appeals.

(A) General.

1. Record. A record of the entire proceedings shall be

made by tape recording, or by any other means of

permanent recording determined to be appropriate by the

board.

2. Reporting. The proceedings at the hearing shall also

be transcribed from the recording if requested by any

party thereto. A transcript of the proceedings shall

be made available to all parties upon request and upon

payment of the fee prescribed therefor. Such fees may

be established by the board, but shall in no event be

greater than the cost involved.

3. Continuances. The board may grant continuances for

good cause shown.

4. Oaths, Certification. In any proceedings under this

chapter, the board, or any board member, has the power

to administer oaths and affirmations and to certify to

official acts.

5. Reasonable Dispatch. The board and its representatives

shall proceed with reasonable dispatch to conclude any

matter before it. Due regard shall be shown for the

convenience and necessity of any parties or their

representatives.

(B) Form of Notice of Hearing. The notice to appellant shall be

substantially in the following form, but may include other

information:

"You are hereby notified that a hearing will be held

before the Board of Appeals at .... on the ....... day

of ........ , 19 , at the hour ....... , upon the

notice and order served upon you. You may be present

at the hearing.

You may be, but need not be,

represented by counsel. You may present any relevant

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evidence and will be given full opportunity to

cross-examine all witnesses testifying against you. You

may request the issuance of subpoenas to compel the

attendance of witnesses and the production of books,

documents, or other things by filing an affidavit

therefor with the Board of Appeals."

1. Filing of Affidavit. The board and any appellant(s)

may obtain the issuance and service of a subpoena for

the attendance of witnesses or the production of other

evidence at a hearing upon the request of a member of

the board or upon the written demand of any party. The

issuance and service of such subpoena shall be obtained

upon the filing of an affidavit therefor which states

the name and address of the proposed witness, specifies

the exact things sought to be produced and the

materiality thereof in detail to the issues involved,

and states that the witness has the desired things in

his possession or under his control. A subpoena need

not be issued when the affidavit is defective in any

particular.

2. Penalties. Any person who refuses without lawful

excuse to attend any hearing or to produce material

evidence in his possession or under his control, as

required by any subpoena served upon such person as

provided for herein, shall be guilty of a misdemeanor.

(D) Conduct of Hearing.

1. Rules. Hearings need not be conducted according to the

technical rules relating to evidence and witnesses.

2. Oral Evidence. Oral evidence shall be permitted.

3. Hearsay Evidence. Hearsay evidence may be used for the

purpose of supplementing or explaining any direct

evidence, but shall not be sufficient in itself to

support a finding unless it would be admissible over an

objection in civil actions in courts of competent

jurisdiction in this state.

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4. Admissibility of Evidence. Any relevant evidence shall

be admitted if it is the type of evidence on which

responsible persons are accustomed to rely in the

conduct of serious affairs, regardless of the existence

of any common law or statutory rule which might make

improper the admission of such evidence over objection

in civil actions in courts of competent jurisdictions

in this state.

5. Exclusion of Evidence. Irrelevant and unduly

repetitious evidence shall be excluded.

6. Rights of Parties. Each party shall have these rights,

among others:

(a) To call and examine witnesses on any matter

relevant to the issues of the hearing.

(b) To introduce documentary and physical evidence.

relevant to the issues of the hearing.

(d) To impeach any witness regardless of which party

first called him to testify.

(e) To rebut the evidence against him.

(f) To represent himself or to be represented by

anyone of his choice who is lawfully permitted to

do so.

7. Official Notice.

(a) What may be Noticed. In reaching a decision,

official notice may be taken, either before or

after submission of the case for decision, of any

fact which may be judicially noticed by the courts

of this state or of official records of the board

or departments and ordinances of the City or rules

and regulations of the board.

(b) Parties to be Notified. Parties present at the

hearing shall be informed of the matters to be

noticed and these matters shall be noted in the

record, referred to therein, or appended thereto.

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hearing shall be given a reasonable opportunity,

on request, to refute the officially noticed

matters by evidence or by written or oral

presentation of authority; the manner of such

refutation to be determined by the board or

hearing examiner.

(d) Inspection of the Premises. The board may inspect

any building or premises involved in the appeal

during the course of the hearing, provided that

(i) notice of such inspection shall be given to

the parties before the inspection is made, (ii)

the parties are given an opportunity to be present

during the inspection, (iii) only those items

listed in the official notice may be noted during

the inspection, and (iv) the board shall state for

the record, upon completion of the inspection, the

material facts observed and the conclusions drawn

therefrom. Each party then shall have a right to

rebut or explain the matters so stated by the

board.

(E) Method and Form of Decision.

1. Hearing Before Board Itself. Where a contested case is

heard before the board, no member thereof who did not

hear the evidence or has not read the entire record of

the proceedings shall vote on or take part in the

decision.

2. Form of Decision. The decision shall be in writing and

shall contain findings of fact, a determination of the

issues presented, and the requirements to be complied

with. A copy of the decision shall be delivered to the

appellant personally or sent to him by mail, postage

prepaid, at the address listed on the appeal.

3. Effective Date of Decision. The effective date of the

decision shall be as stated therein.

(a) Any appellant aggrieved by any decision may

appeal the same to the District Court of Muscatine

County within thirty (30) days after

receiving the decision of the board.

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8-5-14 Enforcement of Orders from Building Official or Board

of Appeals.

(A) Compliance.

1 General. After any order of the Building Official or

the Housing Advisory and Appeals Board made pursuant to

this Code shall have become final, no person to whom

any such order is directed shall fail, neglect, or

refuse to obey any such order. Any such person who

fails to comply with any such order is guilty of a

misdemeanor.

2. Failure to Obey Order. If, after any order of the

Building Official or Housing Advisory and Appeals Board

made pursuant to this Code has become final, the person

to whom such order is directed shall fail, neglect, or

refuse to obey such order, the Building Official may

(i) cause such person to be prosecuted under subsection

1 of this section, or (ii) institute any appropriate

action to abate such building as a public nuisance.

3. Failure to Commence Work. Whenever the required repair

or demolition is not commenced within the time

specified in the final notice and order issued under

this Code:

(a) The Building Official shall cause the building

described in such notice and order to be vacated

by posting at each entrance thereto a notice

reading:

SUBSTANDARD BUILDING

DO NOT OCCUPY

It is a misdemeanor to occupy this building or to

remove or deface this notice. Any unauthorized

person(s) found inside this building are subject

to immediate arrest. Building Official - City of

Muscatine.

(b) No person shall occupy any building which has been

posted as specified in this subsection. No person

shall remove or deface any such notice so posted

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until the repairs, demolition, or removal ordered

by the Building Official have been completed and a

Certificate of Structural Compliance issued

pursuant to the provisions of this Code.

other remedy herein provided, order demolition to

cause the building to be demolished and the

materials, rubble, and debris therefrom removed

and the lot cleaned. Any such demolition work

shall be accomplished and the cost thereof paid

and recovered in the manner hereinafter provided

in this Code.

(B) Extension of Time to Perform Work. Upon receipt of an

application from the person required to conform to the order

and an agreement by such person that he will comply with the

order if allowed additional time, the Building Official may,

in his or her discretion, grant an extension of time, not to

exceed an additional one hundred twenty (120) days, within

which to complete said repair, rehabilitation, or demolition

if the Building Official determines that such extension of

time will not create or perpetuate a situation imminently

dangerous to life or property.

person shall obstruct, impede, or interfere with any

officer, employee, contractor, or authorized representative

of the City or with any person who owns or holds any estate

or interest in any building which has been ordered repaired,

vacated, or demolished under the provisions of this Code

whenever such officer, employee, contractor, or authorized

representative of this jurisdiction, person having an

interest or estate in such building or structure, or

purchaser is engaged in the work of repairing, vacating and

repairing, or demolishing any such building pursuant to the

provisions of this Code or in performing any necessary act

preliminary to or incidental to such work as authorized or

directed pursuant to this Code.

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8-5-16

8-5-15 Performance of Demolition.

(A) General.

1. Procedure. When any work, repair, or demolition is to

be done pursuant to this Code, the Building Official

shall cause the work to be accomplished by private

contract under the direction of the Building Official.

Plans and specifications therefor may be prepared by

the Building Official, or he or she may employ such

architectural and engineering assistance on a contract

basis as he or she may deem reasonably necessary.

2. Cost. The cost of such work shall be paid from the

demolition fund and may be made a special assessment

against the property involved.

8-5-16 Recovery of Cost of Demolition.

(A) Account of Expense, Filing of Report, Contents. The City

Clerk shall keep an itemized account of the expense incurred

by this jurisdiction in the demolition of any building done

pursuant to the provisions of Section 8-5-14(A)3(c) of this

Code. Upon the completion of the demolition, said City Clerk

shall prepare a report specifying the work done, the

itemized and total cost of the work, a description of the

real property upon which the building or structure was

located, and the names and addresses of the persons entitled

to notice pursuant to Section 8-5-11(A).

(B) Report Transmitted to Council - Set for Hearing. Upon

receipt of said report, the Clerk of this jurisdiction shall

present it to the legislative body of this jurisdiction for

consideration. The legislative body of this jurisdiction

shall fix a time, date, and place for hearing said report

and any protests or objections thereto. The Clerk of this

jurisdiction shall cause notice of said hearing to be

published once in a newspaper of general circulation in the

City, and served by certified mail, postage prepaid,

addressed to the owner of the property as his name and

address appear on the last equalized assessment roll of the

county, if such so appears, or as known to the Clerk. Such

notice shall be given in accordance with Chapter 362.3 of

the Iowa Code and shall specify the day, hour, and place

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when the legislative body will hear and pass upon the

report, together with any objections or protests which may

be filed as hereinafter provided by any person interested in

or affected by the proposed charge.

hearing, the legislative body of this jurisdiction shall

hear and pass upon the report of the City Clerk, together

with any such objections or protests. The legislative body

may make such revision, correction, or modification in the

report or the charge as it may deem just, and when the

legislative body is satisfied with the correctness of the

charge, the report (as submitted or as revised, corrected,

or modified) together with the charge, shall be confirmed or

rejected. The decision of the legislative body of this

jurisdiction on the report and the charge and on all

protests or objections shall be final and conclusive.

(D) Personal Obligation of Special Assessment.

1. General. The legislative body of this jurisdiction may

thereupon order that said charge shall be made a

personal obligation of the property owner or assess

said charge against the property involved.

2. Personal Obligation. If the legislative body of this

jurisdiction orders that the charge shall be a personal

obligation of the property owner, it shall direct the

attorney of this jurisdiction to collect the same on

behalf of the jurisdiction by use of all appropriate

legal remedies.

3. Special Assessment. If the legislative body of this

jurisdiction orders that the charge shall be assessed

against the property, it shall confirm the assessment,

cause the same to be recorded on the assessment roll,

and thereafter said assessment shall constitute a

special assessment against and a lien upon the property

and subject to collection in the same manner as a

propertytax.

(E) Contest. The validity of any assessment made under the

provisions of this chapter shall not be contested in any

action or proceeding unless the same is commenced within

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thirty (30) days after the assessment is placed upon the

assessment roll as provided herein. Any appeal from a final

judgment in such action or proceeding must be perfected

within thirty (30) days after the entry of such judgment.

(F) Lien of Assessment.

1. Priority. Immediately upon its being placed on the

assessment roll, the assessment shall be deemed to be

complete, the several amounts assessed shall be

payable, and the assessments shall be liens against

the lots of parcels of land assessed, respectively. The

lien shall be subordinate to all existing special

assessment liens previously imposed upon the same

property and shall be paramount to all other liens

except for state, county, and municipal taxes, with

which it shall be upon a parity. The lien shall

continue until the assessment and all interest due and

payable thereon are paid.

2. Interest. All such assessments remaining unpaid after

thirty (30) days from the date of recording on the

assessment roll shall become delinquent and shall bear

interest at the rate determined for special assessments

under Chapter 74A of the Code of Iowa from and after

said date.

(G) Report to Assessor and Tax Collector: Addition of Assessment

to Tax Bill. After confirmation of the report, certified

copies of the assessment shall be given to the Assessor of

this jurisdiction and the Tax Collector of this

jurisdiction , who shall add the amount of the

assessment to the next regular tax bill levied against the

parcel for municipal purposes.

(H) Filing Copy of Report with County Auditor. If the County

Assessor and the County Tax Collector assess property and

collect taxes for the City, a certified copy of the

assessment shall be filed with the County Auditor on or

before August 10th. The descriptions of the parcels

reported shall be those used for the same parcels on the

County Assessor's map books for the current year.

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(K) Collections of Assessment: Penalties for Foreclosure. The

amount of the assessment shall be collected at the same time

and in the same manner as ordinary property taxes are

collected and shall be subject to the same penalties,

procedure, and sale in case of delinquency as provided for

ordinary property taxes. All laws applicable to the levy,

collection, and enforcement of property taxes shall be

applicable to such assessment.

(L) Repayment of Fund. All money recovered by payment of the

charge or assessment or from the sale of the property at

foreclosure sale shall be paid to the Treasurer of this

jurisdiction, who shall credit the same to the designated

City accounts.

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8-6-1

8-6-4

TITLE 8 BUILDING REGULATIONS

CHAPTER 6

HOUSE NUMBERING

SECTIONS:

8-6-1 Numbers Required. The owners of improved property,

or property having erected thereon any building, shall cause their

property fronting upon the public streets and avenues within the

City to be numbered as hereinafter described in this Chapter.

8-6-2 Location of Numbers. The owner of every building,

residence, or store within the Corporate Limits of the City shall

have the number of their buildings, residences, or stores,

conspicuously fixed on their property and visible from the public

street.

8-6-3 Numbers Obtained From Office of Building and Zoning

Administrator. The owners of every building, residence, or store

erected within the Corporate Limits of the City shall within ten

(10) days after such building, residence, or store shall have been

used or occupied, or shall have been completed for use or occupancy,

obtain from the Office of the Building and Zoning Administrator

the number of such building, residence, or store.

8-6-4 Material; Size. The number placed upon buildings,

residences, or stores, as prescribed in the foregoing Sections,

may be of metal, wood, or plastic or may be painted upon metal

or glass, but in every case the number must be at least two and

one-half inches (2 1/2") in height. If painted, such numbers shall

be of durable and legible characters, and no numbering done or

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8-6-1 Numbers Required

8-6-2 Location of Numbers

8-6-3 Numbers Obtained From Office of Building

and Zoning Administrator

8-6-4 Material; Size

8-6-5 Allowing Buildings Without Numbers

8-6-6 Enforcement

8-6-7 Numbers Designated

8-6-8 System; Base Lines

8-6-9 Numbers Assigned

attempted to be done in numbers or figures of a less size than

prescribed in this Section shall be regarded as complying with

the provisions of this Chapter.

8-6-5 Allowing Buildings Without Numbers. Any person who

shall suffer or permit his building, residence, or store to remain

for the space of twenty (20) days without a number placed con-

spicuously thereon, as provided in this Chapter, shall be deemed

guilty of a misdemeanor.

8-6-6 Enforcement. It shall be the duty of the Building

Official to see that the provisions of this Chapter are enforced,

and he or she shall institute such proceedings against the person

violating such provisions as may from time to time be necessary to

secure the observance of the same.

8-6-7 Numbers Designated. It shall be the duty of the Office

of the Building and Zoning Administrator to designate the numbers

to be assigned to each building, residence, or store as prescribed

in this Chapter.

8-6-8 System; Base Lines. In designating and assigning

numbers to buildings, residences, and stores, the system of

commencing and continuing the numbering of each block or square

as the same appears recorded upon the plat of the City proper shall

be by what is known as the "Philadelphia Plan", which is one

hundred (100) to each block, the hundred indicating the block and

the unit of ten (10), as the case may be, indicating the building.

In numbering the additions to the City, the same plan shall be

followed as far as practicable. In numbering the City proper,

on streets running East and West the base line shall be Iowa

Avenue, and on streets running North and South the base line shall

be Front Street. In numbering South Muscatine to the Corporate

Limits of the City, the base line shall be the Chicago, Rock

Island and Pacific Railroad track. Iowa Avenue shall be the

dividing line of the City proper, and including that portion of

the new limits of the City lying between Eighth Street and Fulliam

Avenue, from which, upon all streets running at right angles thereto,

all buildings shall be numbered "East" and "West" respectively,

in the following manner: The parts of streets lying East of Iowa

Avenue shall be known as "East Front", "East Second", and "East

Third" streets, and so on, and the parts of streets lying West

of Iowa Avenue shall be known as "West Front", "West Second", and

"West Third" streets and so on. The even numbers shall be placed

upon the South and West sides of the streets and the odd numbers

on the opposite sides of the streets.

8-6-9 Numbers Assigned. In the numbering of buildings,

residences, or stores, each main door or entrance to every build-

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8-6-9

ing, residence, or store shall be assigned one number. On each

block, in whole or in part occupied by businesses, houses, stores,

etc., or by residences not detached but compacted together, the

unimproved property shall be assigned numbers on the basis of

twenty feet (20') for each number. On blocks occupied by detached

residences only, each thirty feet (30') frontage of unimproved

property shall be assigned one number.

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8-7-1

8-7-3

TITLE 8 BUILDING REGULATIONS

CHAPTER 7

MECHANICAL CODE

SECTIONS:

8-7-1 Adoption of Uniform Mechanical Code

8-7-2 Plans and Specifications

8-7-3 Inspections

8-7-4 Permits

8-7-1 Adoption of the International Mechanical Code. Pursuant to published

notice and public hearing as required by the Code of Iowa, the document entitled

“International Mechanical Code”, 2006 Edition, as amended and published by the

International Code Council, is hereby adopted by reference as the Mechanical Code for

the City of Muscatine, Iowa, and is made a part hereof as if fully set out in this ordinance.

An official copy of said code is on file in the office of the City Clerk.

8-7-2 Plans and Specifications. Whenever it shall be deemed necessary by the

Mechanical Inspector, there shall be a separate plan for each building, public or private,

accompanied by specifications describing the heating, ventilation, and air conditioning of

such building showing the type, size, and location of all mechanical equipment to be used

which may be retained by the Mechanical Inspector. Such drawing and description will

be furnished by the owner or his authorized agent.

8-7-3 Inspections. The Mechanical Inspector must be notified when work is ready

for inspection by the person doing such work. All inside work must be left uncovered and

convenient for examination until inspected and approved. No notice shall be sent for

inspection until the work is entirely ready for inspection. In case of any violation of this

Section, the approval of such plans may be revoked by the Mechanical Inspector and

upon notice of revocation being given, all work under such plans shall cease. The

Mechanical Inspector shall examine the work within twenty four (24) hours after notice

that it is ready for inspection has been received. Defective material must be removed and

replaced with sound material. When the entire mechanical work is completed to the

satisfaction of the Mechanical Inspector, he or she shall give his or her approval.

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8-7-4

8-7-4 Permits. Before the Building Official issues a permit as required in Title 5,

Chapter 15 of this Code, the Mechanical Inspector shall charge the owner of the property,

or his or her designated agent, and shall collect from said party permit fees as shall be

established by Resolution of the City Council, except that no permit shall be required for

the repair of mechanical equipment. No mechanical work will commence without the

party performing the mechanical work first making sure that the required permit has been

obtained. Failure to comply with this provision shall result in the fee being doubled.

Failure to comply with this provision shall result in the fee being doubled. Appeal of the

regulations contained in Section 8-7-1 may be made to the New Construction Appeal

Board.

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8-8-1

8-8-4

TITLE 8 BUILDING REGULATIONS

CHAPTER 8

MOVING BUILDINGS

SECTIONS:

8-8-1 Permit Required

8-8-2 Application; Bond

8-8-3 Permit Revocation

8-8-4 Permits Required of Owners

8-8-5 Application; Bond

8-8-6 Inspection; Structure to be Moved; Route

8-8-7 Deposits; Reporting Application to Council

8-8-8 Supervision by Building Official

8-8-1 Permit Required. No person shall engage in the

business of moving buildings or other structures on, over, along,

or across streets, alleys, sidewalks, or other public places in

the City, unless such person shall have first applied for and

obtained a permit to do so from the Council as hereinafter pro-

vided in this Chapter.

8-8-2 Application; Bond. Applications for the permit required

by Section 8-8-1 of this Chapter shall be made in writing and filed

in the Office of the Clerk and shall be accompanied with sureties

to be approved by the Clerk as required by Title 5, Chapter 15 of

the City Code. Such bond shall be conditioned to guarantee the

faithful compliance by the applicants with all the provisions of

this Chapter and other laws and ordinances of the City respecting

the moving of buildings or other structures and shall stand as

security for the payment of any and all damages arising out of the

moving of buildings or other structures on, over, along, or across

streets, alleys, sidewalks, or other public places within the

limits of the City. Such bond as required by this Section shall

not be released until two (2) years from the date of such bond.

8-8-3 Permit Revocation. Any permits granted under the

provisions of Sections 8-8-1 and 8-8-2 of this Chapter may be

revoked at any time by the Council upon showing being made that

the permit holder has violated the provisions of this Chapter.

8-8-4 Permits Required of Owners. No building or other

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structure shall be moved on, over, along, or across any street,

alley, sidewalk, or other public place within the City, unless

and until a permit to do so shall have been obtained from the

Council as hereinafter provided in this Chapter, such permit to

be applied for and obtained by the person owning the building or

other structure proposed to be moved.

8-8-5 Application; Bond. Application for the permit required

by Section 8-8-4 of this Chapter shall be filed in the Office of

the Building Official, who shall supply forms for that purpose

and such application shall be accompanied by a surety bond, in

the amount required in Title 5, Chapter 15 of the City Code, with

the owner and the housemover as principals, and with sureties to

be approved by the Clerk. Such bond shall be conditioned to

guarantee the faithful compliance with all the provisions of this

Chapter respecting the moving of buildings or other structures,

and shall also stand as security for the payment of all damages

and expenses resulting from or arising out of the moving of the

building or other structure proposed to be moved. Such bond as

required by this Section shall not be released until after one

year from the date of such bond. The application form shall

provide space for information as to the kind, type, and size of

the building or other structure proposed to be moved, the present

and future location of such structure, the route along which it is

proposed to move, and such other information as may be deemed

pertinent to the intelligent consideration of the application by

the Building Official and Council.

8-8-6 Inspection; Structure to be Moved; Route. Before any

permit is issued under the provisions of Sections 8-8-4 and 8-8-5

of this Chapter, the Building Official shall carefully inspect

the structure proposed to be moved and shall determine whether

such structure when moved will comply with the provisions of this

Code and the Housing Laws of the State. The Building Official

shall inspect the route proposed to be used in moving the structure

and will insure that the applicant has secured estimates from

owners of all wires, poles, or other property to be effected by

the proposed moving of the structure.

8-8-7 Deposits; Reporting Application to Council. The

Building Official shall require that the applicant for a permit

deposit with him a sum of money sufficient to pay expenses of

moving or otherwise preparing such wires, poles, or other property

so that the structure can be properly moved, except that the

applicant shall not be required to deposit the sums agreed upon

between the applicant and the person engaged to do the actual work

of moving such structure. The Building Official shall report the

application for a permit to the Council at its next regular or

special meeting and shall either recommend the permit be granted

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8-8-4

8-8-7

8-8-8

or otherwise. This Section shall not be construed as an assumption

by the City of the payment of any sum to any person except the

amounts deposited in accordance with this Section.

8-8-8 Supervision by Building Official. Any building or

other structure moved under the provisions of this Chapter shall

be moved under the supervision of the Building Official, and no

building or other structure being so moved shall be permitted

without adequate movement of traffic, unless such delay shall be

from causes outside the control of the owner or the person engaged

in moving the same.

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8-9-1

8-9-3

TITLE 8 BUILDING REGULATIONS

CHAPTER 9

PLUMBING CODE

SECTIONS:

8-9-1 Adoption of Uniform Plumbing Code

8-9-2 Plans and Specifications

8-9-3 Inspections

8-9-4 Permits

8-9-5 Plumbing Licenses

8-9-1 Adoption of the International Plumbing Code. Pursuant to published notice

and public hearing as required by the Code of Iowa, the document entitled “International

Plumbing Code”, 2006 Edition, as amended and published by the International Code

Council, is hereby adopted by reference as the Plumbing Code for the City of Muscatine,

Iowa, and is made a part hereof as if fully set out in this ordinance. An official copy of

said code is on file in the office of the City Clerk.

8-9-2 Plans and Specifications. Whenever it shall be deemed necessary by the

Plumbing Inspector, there shall be a separate plan for each building, public or private,

accompanied by specifications describing the drainage of such building, showing the size

and kind of pipes, the traps, closets, and fixtures to be used, which may be retained by the

Plumbing Inspector. Such drawing and description will be furnished by the owner or his

authorized agent.

8-9-3 Inspections. The Plumbing Inspector must be notified when work is ready

for inspection by the plumber doing such work. All inside work must be left uncovered

and convenient for examination until inspected and approved. No notice shall be sent for

inspection until the work is entirely ready for inspection. In case of any violation of this

Section, the approval of such plans may be revoked by the Plumbing Inspector and upon

notice of revocation being given, all work under such plans shall cease. The Plumbing

Inspector shall examine the work within twenty four (24) hours after notice that it is

ready for inspection has been received. Defective pipe or fittings must be removed and

replaced with sound pipe and fittings. When the entire plumbing work is completed to the

satisfaction of the Plumbing Inspector, he or she shall give his or her approval.

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8-9-4

8-9-5

8-9-4 Permits. Before the Building Official issues a permit as required in Title 5,

Chapter 15 of this Code, the Plumbing Inspector shall charge the owner of the property,

or his or her designated agent, and shall collect from said party permit fees as shall be

established by Resolution of the City Council, except that no permit shall be required for

any replacement of existing plumbing or plumbing fixtures unless such replacement

requires a physical relocation, addition, or expansion of the same. No plumbing work will

commence without the party performing the plumbing work first making sure that the

required permit has been obtained. Failure to comply with this provision shall result in

the fee being doubled. Failure to comply with this provision shall result in the fee being

doubled. Appeal of the regulations contained in Section 8-9-1 may be made to the New

Construction Appeal Board.

8-9-5 Plumbing Licenses.

(A)

License Required. Any person desiring to engage in or work at the business of

plumbing, as master or journeyman, and not at the time holding a valid plumber’s

license issued by an examining board within the State, as provided by State law,

shall make application for authority to do so to the Council, on blanks provided

for that purpose, which shall be filled out in full in the presence of the Plumbing

Inspector and shall be accompanied by the affidavit of such applicant stating his

experience as a plumber, including the length of time and place or places where

he has worked as apprentice, master, or journeyman. The applicant shall then pay

an examination fee as required. After successfully passing said examination, the

Plumbing Board of Examiners shall certify such fact to the Council. The applicant

shall then file with the Clerk an indemnity bond in the amount as provided in Title

5, Chapter 15, running to the City with sureties to be approved by the Council,

such bond to be conditioned upon the faithful performance of all duties required

by the provisions of this Code, the rules or regulations of the Board of Health

thereof, and to pay to the City all damages it may suffer by reason of negligence

or incompetence in the performance of poor workmanship or carelessness in

making connections or repairs in sewer, water, gas or steam pipes, and any and all

damages by other causes growing out of the negligence, carelessness, or neglect

of duty by a registered plumber. Journeyman plumbers, while in the employ of a

master plumber, are hereby exempt for furnishing such indemnity bond.

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8-9-5

(B)

Registry and Licenses. After the approval by the Council of the bond referred to

in Section 8-9-5(A) of this Code, and upon payment of a license fee as provided

in Title 5, Chapter 15, a plumber's certificate of registry, signed by the Plumbing

Inspector and the Secretary of the Plumbers Board of Examiners, shall be issued

to any person desiring to engage in or work at the business of plumbing as a

master or journeyman plumber and he shall be given a license authorizing him to

engage in the plumbing business. Such certificate of registry shall be numbered

by the Clerk the same as the license issued to the applicant. The license shall be

valid and recognized throughout the State for a period of one year, and may be

renewed from year to year upon payment of the renewal fee as provided in Title 5,

Chapter 15. Such license shall not be transferable and shall expire on the thirty

first (3 1

) day of December each year.

(C)

Exceptions.

1. A homeowner of a single family dwelling unit shall not be required to possess

a Plumbing License to do any plumbing work within the dwelling space they

both currently own and occupy. Owners of buildings contaiLing more units

than the one currently occupied by the owner, shall be required to obtain a

Plumbing License as set out in this Code or hire someone possessing such a

license for all other plumbing work within the building or structure. Nothing

contained in this section shall relieve a homeowner from securing a Plumber

Permit prior to commencing plumbing work.

2. A corporation is not required to have a Plumber's Certificate of Registry to do

its plumbing work on its own premises.

(D)

Applications for Plumbing Licenses. All applications filed with the Council for

licenses to engage in the plumbing business shall be accepted or rejected within

fifteen (15) days after filing.

(E)

Persons Licensed by Other Cities. Any person having a license to engage in the

plumbing business, either as a master employing or journeyman plumber in any

city in the state other than this city, may, if the license was issued by a city

requiring an examination to secure the same, and if the license is one for the

current year, engage in the plumbing business for the remainder of that year by

obtaining a City of Muscatine Plumbing License and Indemnity Bond as stated in

Section 8-9-5(A) of this Code.

(F)

Transients. Except as otherwise provided, any transient desiring to do plumbing

or steam fitting shall be required to comply with all the provisions of this Chapter

as though intending to engage permanently in the business within the City.

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8-9-5

(G)

Corporations. A corporation desiring to engage in the business of plumbing shall

include as one of its stockholders, directors, and officers, a master plumber, who

has qualified as provided for in this Chapter, and who shall be actively engaged in

conducting the affairs of such corporation.

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8-10-1

8-10-2

TITLE 8 BUILDING REGULATIONS

CHAPTER 10

RENTAL HOUSING REGISTRATION

SECTIONS:

8-10-1 Registration of Residential Rental Properties Within

the City of Muscatine

8-10-2 Inspection Fees

8-10-1 Registration of Residential Rental Properties Within

the City ofMuscatine. All owners of residential rental property

within the City limits are hereby required to register the same

with the Building Department, on forms provided by the Department,

to facilitate a program of regular rental property inspection and

certification in accordance with Title 8, Chapter 5 of the City

Code. Said registration shall contain the name of the owner, the

owner's address, the address of the residential rental property,

and the number of dwelling units contained in the dwelling. If the

rental property is owned in partnership or by a corporation, it

shall be registered as the legal owner and all individual persons

within the partnership or corporation shall be so listed. Failure

of any owner to register his or her residential rental property

shall be guilty of a misdemeanor as provided in the City Code.

8-10-2 Inspection Fees. The fees for inspections made

pursuant to Title 8, Chapter 5 of the City Code shall be in those

amounts as provided by resolution adopted from time to time by the

City Council and as set forth in Title 5, Chapter 15 of the City

Code.

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8-11-1

TITLE 8 BUILDING REGULATIONS

CHAPTER 11

RESIDENTIAL CODE

SECTIONS:

8-11-1 Adoption of the International Residential Code

8-11-1 Adoption of the International Residential Code. Pursuant to published

notice and public hearing as required by the Code of Iowa, the document entitled

“International Residential Code”, 2006 Edition, together with Appendix Chapters F and J,

as amended and published by the International Code Council, is hereby adopted by

reference as the Residential Code for the City of Muscatine, Iowa, and is made a part

hereof as if fully set out in this ordinance. An official copy of said code is on file in the

office of the City Clerk.

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89961-1206