[Ord. 2002-180 § 1 (part)]
These regulations shall be known as the Building Code Enforcement Administrative Regulations, may be cited as such and will be referred to herein as "the administrative code."
[Ord. 2002-180 § 1 (part)]
The purpose of the administrative code is to provide for the administration and enforcement of certain technical codes adopted by Title 15 of the Davenport Municipal Code. This code replaces the administrative chapters of the technical codes comprising the construction rules and regulations for the City of Davenport and as defined herein.
Administration and enforcement is a function of the building inspection division of the public works department of the City of Davenport.
The Davenport Administrative Code has been adopted and is used in conjunction with other City of Davenport codes and should not be construed to include all regulations pertaining to buildings and development. The administrative code shall be applied to the technical codes of the City and nothing in this chapter shall be interpreted as prohibiting or limiting enforcement by the building official or any other agencies the following codes and ordinances:
The zoning ordinance of the City of Davenport, Iowa.
Subdivisions ordinance.
Uniform Fire Code as adopted and amended.
Flood damage prevention ordinance.
Erosion control ordinance.
Iowa State Building Code as specifically referenced by Chapter 15.12 of the Davenport Municipal Code.
Where no conflicting standards are set out in this code, reference publications providing guidelines for the enforcement of the technical codes, including the Uniform Code For Building Conservation, published by the International Conference of Building Officials and The Fire Code, as adopted by the jurisdiction may be used by the building official to establish the scope and intent of the technical codes.
Compliance with the regulations of other agencies shall be required, including, but not limited to, the Scott County Board of Health and Iowa State Fire Marshal.
[Ord. 2002-180 § 1 (part)]
For the purpose of the administrative code, certain terms, phrases, words and their derivatives shall be construed as specified in this section. Where such terms are not defined herein, they shall have their meanings derived from the definitions contained in Chapter 2 of the International Building Code and the International Residential Code promulgated by the International Code Council as adopted by the Chapter 15.12 of the Davenport Municipal Code. Where terms are not defined in this section, or by Chapter 2 of the International Building Code, they shall have their ordinarily accepted meanings within the context with which they are used. Webster's Third New International Dictionary of the English Language, Unabridged shall be considered as providing ordinarily accepted meanings. Words used 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.
A. 
ALTER or ALTERATION – Is any change or modification in construction or occupancy to any building or structure including, but not limited to, changes in structural and nonstructural building components and systems; changes or modifications to any building or structure consisting of repair or reconstruction for the purposes of renewal or maintenance; changes or modifications or additions to any exterior or interior portion of any building or structure.
B. 
BUILDING CODE – Is the International Building Code and International Residential Code and appendices as adopted by the Davenport Municipal Code, Chapter 15.12.
C. 
BUILDING OFFICIAL OR CHIEF BUILDING OFFICIAL, OR HIS DULY AUTHORIZED REPRESENTATIVE – Is the officer designated by the appointing authority and charged with the administration and enforcement of the administrative code and the technical codes.
D. 
BUILDING SERVICE EQUIPMENT or SERVICE EQUIPMENT – Refers to the plumbing, mechanical, electrical and elevator equipment including piping, wiring, fixtures and other accessories which provide sanitation, lighting, heating, ventilation, cooling, refrigeration, fire fighting and transportation facilities for the occupancy of a building or structure for its designated use.
E. 
BUILDING INSPECTOR, ELECTRICAL INSPECTOR, MECHANICAL INSPECTOR, PLUMBING INSPECTOR, PLANS REVIEWER – Shall be the person providing expertise for the building official in the designated technical code.
F. 
ELECTRICAL CODE or NATIONAL ELECTRICAL CODE – Is the National Electrical Code promulgated by the National Fire Protection Association, as adopted by the Davenport Municipal Code, Chapter 15.16.
G. 
JURISDICTION – As used in the administrative code, is the City of Davenport, which administers these regulations within its sphere of authority.
H. 
MAY – As used in the administrative code, is permissive for compliance.
I. 
MECHANICAL CODE or UNIFORM MECHANICAL CODE – Is the Uniform Mechanical Code promulgated by the International Association of Plumbing and Mechanical Officials, as adopted by the Davenport Municipal Code, Chapter 15.24.
J. 
PLUMBING CODE or UNIFORM PLUMBING CODE – Is the plumbing code promulgated by the International Association of Plumbing and Mechanical Officials, as adopted by the Davenport Municipal Code, Chapter 15.28.
K. 
SHALL – As used in the administrative code, is mandatory.
L. 
TECHNICAL CODES – Refer to construction rules and regulations adopted by this jurisdiction containing the provisions for design, construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of all buildings and structures and building service equipment as herein defined. Such technical codes consist of the Uniform Plumbing Code, Uniform Mechanical Code, National Electrical Code, International Residential Code and the International Building Code, defined herein and as adopted and amended by the Davenport Municipal Code, Title 15.
[Ord. 2002-180 § 1 (part)]
The provisions of the administrative code shall serve as the administrative, organizational and enforcement rules and regulations for the technical codes which regulate the construction, alteration, moving, demolition, repair, use and occupancy of any building or structure and any building service equipment within this jurisdiction.
EXCEPTION: Work located in a public way, public utility towers and poles providing basic services, flood control structures, docks, marine vessels and marine structures.
[Ord. 2002-180 § 1 (part)]
Wherever conflicting provisions or requirements occur between the administrative code, the technical code, or any codes or laws, the most restrictive shall govern.
[Ord. 2002-180 § 1 (part)]
The provisions of the technical codes are not intended to prevent the use of any material or method of construction not specifically prescribed by the technical codes, provided any alternate has been approved and its use authorized by the building official.
The building official may approve any alternate, provided he finds the proposed design is satisfactory and complies with the provisions of the technical codes, and the material, method or work offered is at least the equivalent of that prescribed in the technical codes. The building official shall require that sufficient evidence or proof be submitted to substantiate any claims which may be made regarding the use of an alternate material or method.
[Ord. 2002-180 § 1 (part)]
Whenever there are practical difficulties involved in carrying out the provisions of the technical codes or the administrative code, the building official may grant modifications for individual cases, provided he shall first find that a special individual reason makes the strict letter of the technical code impractical; the modification is in conformity with the intent and purpose of the technical code; and such modification does not lessen health, life, and fire safety requirements or any degree of structural integrity. The details of actions granting modifications shall be recorded and entered in the files of the code enforcement agency.
[Ord. 2002-180 § 1 (part)]
Whenever there is insufficient evidence of compliance with any of the provisions of the technical codes, or evidence that materials or construction are unsafe or do not conform to the requirements of the technical codes, the building official may require tests or investigations as evidence of compliance and/or structural stability.
Test and investigation methods shall be as specified by the technical codes or by other recognized test and design standards. In the absence of recognized and accepted test methods for the proposed alternate, the building official shall determine test procedures.
All tests and investigations shall be made by an approved agency or qualified individual including, but not limited to, an engineer or architect licensed in the state of Iowa. Reports of such tests and investigations shall be submitted to the building official for review.