HomeMy WebLinkAbout5664-09.19.2022Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street,
Waterloo, IA 50703, (319) 291-4323.
ORDINANCE NO. 5664
AN ORDINANCE AMENDING THE CITY OF WATERLOO
CODE OF ORDINANCES CHAPTER 5, MECHANICAL
SYSTEMS, OF TITLE 9, BUILDING REGULATIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO,
IOWA:
That Chapter 5 Mechanical Systems of Title 9, Building Regulations of the Code of
Ordinances of the City of Waterloo, Iowa, are hereby enacted in lieu thereof as follows:
CHAPTER 5 MECHANICAL SYSTEMS
SEC.9-5-1. TITLE.
This chapter shall be known as the WATERLOO MECHANICAL CODE and may be so cited and
may be referred to hereinafter as "the code" or "this code".
9-5-2: APPLICATION AND SCOPE:
The provisions of this chapter shall include and apply to all mechanical and fuel gas systems,
appliances and equipment regulated by the adopted mechanical and fuel gas codes hereinafter
installed, constructed, altered, serviced or repaired in, for, or about any new, remodeled or
relocated building or structure in the city.
9-5-3: MECHANICAL INSPECTOR:
A. Appointment: The applicant for mechanical inspector shall fulfill all applicable civil
service requirements for the position of mechanical inspector. The building official will appoint
the new mechanical inspector. The appointment shall go to the mayor and city council for
approval. The mechanical inspector shall work under the direction of the building official.
B. Qualifications: The appointee shall have had at least four (4) years of practical experience
in the design, planning, supervision and contracting for installation of heating, air conditioning
and ventilation systems. Two (2) years of experience may be substituted for four (4) years of
schooling if the study is in engineering or a related field. Schooling shall be from a recognized
school of continuing education; possession of a valid driver's license; shall possess the ability and
aptitude for the performance of required duties and shall have thorough knowledge of the
standard materials and methods used in the installation and maintenance of heating, air
conditioning and ventilation equipment; shall be versed in methods of construction for safety to
persons and property, the statutes of the state relating to air quality and air pollution control and
any orders, rules and regulations issued by authority thereof, and in the uniform mechanical code.
C. Restrictions: It shall be unlawful for the mechanical inspector to engage in the business of
the sales, installation, or maintenance of heating, air conditioning and ventilation equipment,
either directly or indirectly, and the inspector shall have no financial interest in any concern
engaged in such business in the city at any time while holding the position as mechanical
inspector for the city.
D. Powers And Duties:
1. The mechanical inspector is empowered to inspect any and all buildings or structures,
public or private, and to, as herein provided, order removed or remodeled and put into proper
and safe condition all heating, air conditioning, and ventilation equipment and related systems
for the protection of the public health, safety and welfare.
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2. The mechanical inspector shall have authority to enforce this chapter and may bring
before the mechanical board proposals for modifications or alternate materials, methods, and
equipment to determine compliance with the intent of this chapter; provided, that the individual
or entity affected provides satisfactory documentation to the board.
3. The building official shall be the executive official and administrative authority for the
administration of the mechanical code of the city.
E. Right Of Entry: Whenever necessary to make an inspection to enforce any of the
provisions of this chapter, or whenever the mechanical inspector has reasonable cause to believe
that there exists, in any building or upon any premises, any HVAC condition which makes such
building or premises unsafe, the mechanical inspector may enter such building or premises at all
reasonable times to inspect the same or to perform any duty imposed upon by this chapter;
provided, that if such building or premises be occupied, they shall first present proper credentials
and request entry; and if such building or premises is unoccupied, they 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 mechanical inspector or authorized
representative shall have recourse to every remedy by law to secure entry.
9-5-4: DEFECTIVE WORK; UNSANITARY CONDITIONS:
Whenever it shall come to the knowledge of the mechanical inspector that the mechanical or fuel
gas system, appliance or equipment governed by this code in a building or structure is defective
or otherwise becomes a hazard to health or life, it shall be the duty of said inspector to make an
inspection of such system, appliance or equipment and render a report to the proper party, setting
forth the necessary repairs or alterations required to make such heating, air conditioning or
ventilation system conform to this chapter. The inspector shall set a limit of time within which
such repairs or alterations are to be made, and upon the refusal or neglect of the owner, agent,
lessee, or tenant to comply with said notice within the time stated, the mechanical inspector shall
cause such repairs or alterations to be made or such nuisance abated and the expense of such
work shall be taxed against such property and become a prior lien thereon and as a personal
judgment against the property owner; or the inspector may order the premises vacated and closed
to further occupancy until such time as the required repairs or alterations have been made, all at
the mechanical inspector's sole discretion based upon health or life safety concerns.
9-5-5: MAINTENANCE; CHANGE OF OCCUPANCY:
When a single-family structure is changed to multi -family occupancy, the following shall
specifically apply in addition to any requirements identified in the mechanical code:
A. Each unit shall be provided a heating unit that will maintain room temperature in
accordance with the housing code of the city.
B. Transfer of conditioned air between units is prohibited.
9-5-6: APPLICATION FOR PERMIT:
A. Permit To Do Work Required: It shall be unlawful for any person to construct or install
any fuel burning, space heating, air conditioning or incinerator equipment or appurtenances
subject to and covered by the provisions of this chapter in or for any building or to alter, repair or
convert any such existing fuel burning, space heating, air conditioning or incinerator equipment
or appurtenances as are subject to the provisions of this chapter without first making written
application for a permit therefor setting forth the nature and extent of the work to be performed.
9-5-7: INSTALLATION BY OWNER:
In cases where the owner/occupant desires to do heating, air conditioning and ventilation work in
the owner's own residence, the owner shall appear before the mechanical inspector and show
competency in the installations of heating, air conditioning and ventilation systems. Upon such
showing of competency and approval and payment of required fees, a mechanical permit shall be
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issued. Said permit authorizes owner to do heating, air conditioning and ventilation work only in
the dwelling owned and occupied by said owner without licensing, certificate of insurance or
help from other than family members. Said person performs all labor in connection therewith,
has the necessary inspections made and complies with code requirements.
9-5-8: NOTIFICATION FOR INSPECTION:
A. It shall be the duty of the permit holder to notify the inspector that the work is ready for
inspection or test. All inspections require twenty four (24) hours' notice.
B. It shall be the duty of the permit holder to make sure the work will stand the test
prescribed before giving notification.
C. If the inspector finds that the work will not stand a required test, or corrections are
required, the journeyman HVAC shall be required to notify the inspector when the necessary
corrections are complete for re -inspection. If the journeyman HVAC calls for a re -inspection
where corrections were required and the corrections were not made, a re -inspection fee will be
assessed to the contractor. The re -inspection fee shall be paid before additional inspections are
made.
D. If the inspector fails to appear within twenty four (24) hours, during normal working
hours, of the time set for each inspection or test, the inspection or test shall be deemed to have
been made, but the journeyman HVAC doing the work shall be required to file an affidavit with
the mechanical inspector that the work was installed with the ordinance and permit, and that it
was free from defects and that the required test had been made and the system was found free
from leaks.
9-5-9: APPLICABILITY:
If an existing building is damaged by fire or otherwise or altered in a manner to require the
replacement of fifty percent (50%) or more of the structure as determined by the authority having
jurisdiction, the entire building shall conform to this chapter's requirements for new buildings.
ARTICLE A. MECHANICAL CODE
9-5A-1: Mechanical Code Adopted
9-5A-2: Amendments
9-5A-1: MECHANICAL CODE ADOPTED:
The international mechanical code and international fuel gas code are adopted by this reference
except as added to, deleted, modified or amended otherwise herein, and there is adopted as the
mechanical code of the city, that certain mechanical code known as the international mechanical
code, 2021 edition, and international fuel gas code, 2021 edition, as prepared by the International
Code Council (ICC).
9-5A-2: AMENDMENTS:
Where this chapter uses the phrase heating, air conditioning, and ventilation; fuel gas and
mechanical systems appliances, and equipment shall be understood to be included.
The following sections of the 2021 international mechanical code (ICC) and 2021 international
fuel gas code (ICC) are amended as follows:
Section 101.1 Insert: city of Waterloo.
Section 101.2 Delete: Exception.
Sections 103.1, 103.2, and 103.3 Delete in their entirety.
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Section 106.2 of the 2021 international mechanical code Add: item #9, electric baseboard heating
system.
Section 106.5.2 of the 2021 international mechanical code and section 106.6.2 of the 2021
international fuel gas code are hereby amended to read:
Permit Fees. All mechanical permit fees shall be established by resolution of the city council and
paid prior to issuance of a permit or re -inspection.
Section 106.5.3 of the 2015 international mechanical code and section 106.6.3 of the 2021
international fuel gas code are hereby amended as follows:
Fee Refunds: #2. Not more than 80 percent of the permit fee paid when no work has been done
under a permit issued in accordance with this code.
#3 Deleted.
Section 108.4 of the 2021 international mechanical code and 2021 international fuel gas code are
deleted and replaced with the following:
108.4 Municipal Infraction.
108.4.1 Any person, firm or corporation failing to comply with or violating any of the terms or
provisions of this ordinance shall be deemed guilty of a municipal infraction and upon conviction
thereof, be punished accordingly.
108.4.2 If any mechanical work, including construction or repair, is performed within the city
contrary to the provisions of this ordinance, it shall be deemed a municipal infraction and in
addition to penalties described, shall be corrected in accordance with this ordinance.
108.4.3 The omission or failure to perform any act or duty required by this ordinance or the
performing of any act which is prohibited or declared to be unlawful by this ordinance, an
offense or a municipal infraction pursuant to this ordinance or the international mechanical code
and/or international fuel gas code is punishable by a fine of up to two hundred dollars ($200.00)
for the first offense and up to four hundred dollars ($400.00) for each subsequent offense.
Delete section 108.4 of the 2021 international mechanical code and 2021 international fuel gas
code.
Delete sections 109.2, 109.3, 109.4, 109.5, 109.6 and 109.7 of the 2021 international mechanical
code and 2021 international fuel gas code.
Amend section 507.2.2 of the 2021 international mechanical code by deleting the following
wording "into the HVAC system design or".
Add sections 507.2.3.1 and 507.2.3.2 to the 2021 international mechanical code.
Section 507.2.3.1 Cooking appliances used in commercial -type occupancies such as places of
worship, fellowship halls, lodge halls, employee kitchens, and classrooms may need to be
provided with a hood based on the type of appliances and processes in accordance with sections
507.2, and 507.2.1. Light -duty appliances that produce heat or moisture and do not produce
grease or smoke may need to be provided with a hood in accordance with sections 505.1, 501.1
exception 1, and 505.2. At the discretion of the building official or designee, in all applications,
portable fire extinguishing equipment shall be provided as directed by the fire marshal.
Exception: If a type 1 hood with a fire suppression system is not needed or installed, a permanent
etched sign with background contrasting letters at least 2 inches in height shall be installed in
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plain sight on or near the hood stating "NO FRYING, GRILLING, SAUTEING OR GREASE
ALLOWED".
1. Complete and submit a use agreement form available at the building department.
2. The equipment is limited to a maximum of two domestic light -duty appliances in any one
location.
3. Complete hood coverage of the cook area is provided and hood is ducted in compliance with
the mechanical code requirements for type II hoods.
4. Cooking practices are limited to tenants of the building.
5. Frying, sauteing, grilling or other grease producing activities that produces more than
minimal amounts of grease or grease vapor are prohibited.
6. Portable fire extinguishing equipment shall be provided as directed by the city.
7. A permanent etched sign shall be installed in plain sight on the hood stating "ONLY
MINIMAL FRYING, GRILLING, OR SAUTEING ALLOWED".
8. Where the cooking equipment is to be used as training equipment, it shall not be used by
students without direct supervision of an instructor.
9. The approved use is tenant based. If the tenant changes, the occupancy changes, or the type
of cooking changes, approval of the alternative hood is voided.
10. City inspectors shall have the authority to immediately void the approval if any of the
above conditions are found to be in violation.
Amend chapter 6 of the international mechanical code, 601.5.
Exception #5 will not apply to existing unaltered structures. All new single family or existing
single family converted to multi -family living will not be exempt.
The following is added to section 402.6 of the 2015 international fuel gas code:
#7 Maximum gas delivery pressure into a dwelling shall not exceed 14" water column ("w.c.").
Sections 403.4.3, 403.4.4, 403.5, 403.5.2, 403.5.3 of the 2015 international fuel gas code are
hereby deleted and replaced with the following:
403.4.3 Pipe used for the installation, extension, alteration or repair of gas piping shall be
standard weight wrought iron or steel (galvanized or black). Corrugated stainless steel tubing
(C.S.S.T.) may be permitted for residential use only.
The following section is added to the 2021 international fuel gas code:
403.5.5 Inspection Procedure For C.S.S.T.
(a) An air pressure test of a minimum ten (10) pounds for a minimum of fifteen (15)
minutes must be performed after the piping is installed in rough construction. (Before cover of
interior walls and ceiling are finished.)
(b) Another air test of the same requirement must also be performed after the cover of walls
and ceiling are complete. Both of which tests must be witnessed by the mechanical inspector. At
no time before this, will gas service be released to the building.
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(c) After final pressure test, piping can be connected to the gas service, a gas shut off will
be required before each connection is made into existing pipe, and C.S.S.T. must terminate at
ceiling or floor joist and hard piped with a shut off to each appliance.
Section 403.10.4 of the 2021 international fuel gas code is hereby deleted and replaced with the
following:
Gas piping larger than 2" (50.8 mm) in size regardless of gas pressure and any size gas pipe
carrying 1 pound p.s.i. or more gas pressure shall be welded black pipe with welding performed
by a certified welder and pressure tested to a minimum 50 pounds p.s.i. for no less than one (1)
hour.
In lieu of the NEC, HVAC air handling equipment with a blower motor or electric elements in a
duct needs to be provided with disconnect means within reach of the unit.
ARTICLE B. MECHANICAL BOARD FOR LICENSING AND APPEALS
9-5B-1: Board Established; Composition
9-5B-2: Appointment, Terms
9-5B-3: Quorum
9-5B-4: Powers And Duties
9-5B-1: BOARD ESTABLISHED; COMPOSITION:
A. Board Established: There is hereby established a mechanical board for licensing and
appeals, hereinafter referred to as the board, with authority and responsibility as follows:
1. To act as a board of appeals as provided in the heating, air conditioning and ventilation
code.
2. To periodically review the provisions of the heating, air conditioning and ventilation code
and recommend to the building official for improving and updating said ordinance.
B. Composition Of Board: The board shall consist of five (5) members, all of whose place of
business or residence is located in the city. All members shall be qualified by experience and
training to pass judgment upon matters pertaining to the installation of heating, air conditioning,
and ventilation systems. The membership shall be as follows: three (3) certificate of competency
holders, and two (2) members at large, with no one company or interest being represented by
more than one member of the board. The city mechanical inspector or building official's designee
shall act as secretary to the board.
9-5B-2: APPOINTMENT, TERMS:
A. Appointment Of Members: The members of the mechanical board for licensing and
appeals shall be appointed by the mayor with the approval of the city council.
B. Terms: After the initial appointment of the board, the terms of the members shall be for
three (3) years except that the initial terms shall be so arranged and staggered that the terms of no
more than two (2) members shall expire on December 31 of any one year. A vacancy within any
term shall be filled by appointment of the mayor with the approval of the city council for the
unexpired portion of that term only.
C. Compensation: The members of the board shall serve without compensation.
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Page 7
D. Organization: The board shall designate a member as chair and vice chair and shall adopt
reasonable rules for conducting its investigations and proceedings, and shall render all decisions
and findings in writing to the building official with a duplicate copy to the appellant and may
recommend to the city council new legislation as is consistent therewith.
9-5B-3: QUORUM:
Three (3) members of the board shall constitute a quorum for the transaction of business,
provided that a decision on a matter relating to a specific license shall not be valid unless decided
in the presence of a board member who holds a similar valid license. Any vote taken for the
purpose of suspending or revoking a contractor's license shall require a majority vote of all
members of the board.
9-5B-4: POWERS AND DUTIES:
The mechanical board for licensing and appeals shall have the following powers and duties:
A. To hold regular meetings when determined necessary for the purpose of conducting
examinations of applicants for mechanical certificates of competency or heating, air conditioning
and ventilation appeals.
B. To act upon reports of violations by licensed contractors as filed by the mechanical
inspector with the board.
C. To prescribe rules consistent with the provisions of this chapter for hearings before the
board to suspend, revoke, or reinstate licenses.
D. To keep a complete record of the official proceedings of the board; to preserve all
documents, books, and papers relating to appeals, examinations for licenses, and hearings of
complaints and charges for at least three (3) years.
E. To hear appeals from the decision of the mechanical inspector and to rule on
interpretations of the provisions of the heating, air conditioning and ventilation code.
ARTICLE C. MECHANICAL CONTRACTORS
9-5C-1: License Required
9-5C-2: Conditions Of License
9-5C-3: Revocation Of License
9-5C-1: LICENSE REQUIRED:
A. License: No person other than those holding a current state mechanical contractor license,
in addition to their state master HVAC license shall be allowed to work at the trade of heating,
air conditioning, and ventilation in the city of Waterloo.
B. Unlawful To Lend License: It shall be unlawful for any person to lend that person's license,
or to borrow the license of another person, nor shall any person offer to assume the responsibility
of another person's work, when such person's work would require that person to be licensed
under the provisions of this chapter.
C. Exemption: Homeowners working on their principal residence shall be exempt from state
licensing.
9-5C-2: CONDITIONS OF LICENSE:
A. Advertising Without License: No person shall advertise in any way that they possess the
qualifications to engage in or carry on the heating, air conditioning and ventilation trade or
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Page 8
business in the city unless they are a bona fide holder of a valid contractor's license as provided
in section 9-5C-1 of this article.
9-5C-3: REVOCATION OF LICENSE:
A. A contractor's license may be revoked for cause by the board, after a hearing by said board,
upon a written notice served upon the person in whose name said license is issued, not less than
ten (10) days prior to the date of hearing, stating the time and place thereof and the grounds for
such hearing.
B. If by super majority vote the revocation of the contractor's license is approved, the affected
party(ies) have ten (10) working days to appeal the revocation action to the city council.
C. A written letter shall be directed to the building official stating the reason for the appeal.
The building official shall arrange a work session with the city council within fourteen (14) days
to hear the appeal. The decision by the city council shall be final.
INTRODUCED:
PASSED 1st CONSIDERATION:
PASSED 2nd CONSIDERATION:
PASSED 3rd CONSIDERATION:
September 19, 2022
September 19, 2022
September 19, 2022
PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 20th
day of September 19, 2022.
Qaer rt 9 r(
Quentin Hart, Mayor
ATTEST:
Kelley Eelchle
Kelley Felchle, City Clerk
SEAL
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