103A.19 - ADMINISTRATION AND ENFORCEMENT.
103A.19 ADMINISTRATION AND ENFORCEMENT.
1. The examination and approval or disapproval of plans and
specifications, the issuance and revocation of building permits,
licenses, certificates, and similar documents, the inspection of
buildings or structures, and the administration and enforcement of
building regulations shall be the responsibility of the governmental
subdivisions of the state and shall be administered and enforced in
the manner prescribed by local law or ordinance. All provisions of
law relating to the administration and enforcement of local building
regulations in any governmental subdivision shall be applicable to
the administration and enforcement of the state building code in the
governmental subdivision. An application made to a local building
department or to a state agency for permission to construct a
building or structure pursuant to the provisions of the state
building code shall, in addition to any other requirement, be signed
by the owner or the owner's authorized agent, and shall contain the
address of the owner, and a statement that the application is made
for permission to construct in accordance with the provisions of the
code. The application shall also specifically include a statement
that the construction will be in accordance with all applicable
energy conservation requirements.
2. In aid of administration and enforcement of the state building
code, and in addition to and not in limitation of powers vested in
them by law, each governmental subdivision of the state may, and each
city designated in section 103A.10, subsection 2, paragraph "d",
shall:
a. Examine and approve or disapprove plans and specifications
for the construction of any building or structure, the construction
of which is pursuant or purports to be pursuant to the provisions of
the state building code, and to direct the inspection of buildings or
structures during the course of construction.
b. Require that the construction of any building or structure
shall be in accordance with the applicable provisions of the state
building code, subject, however, to the powers granted to the board
of review in section 103A.16.
c. Order in writing any person to remedy any condition found
to exist in, or about any building or structure in violation of the
state building code. Orders may be served upon the owner or the
owner's authorized agent personally or by certified mail at the
address set forth in the application for permission to construct a
building or structure. Any local building department may grant in
writing such time as may be reasonably necessary for achieving
compliance with an order.
d. Issue certificates of occupancy or use, permits, licenses,
and other documents in connection with the construction of buildings
or structures as may be required by ordinance.
(1) A certificate of occupancy or use for a building or structure
constructed in accordance with the provisions of the state building
code shall certify that the building or structure conforms to the
requirements of the code. The certificate shall be in the form the
governing body of the governmental subdivision prescribes.
(2) Every certificate of occupancy or use shall, until set aside
or vacated by the board of review, director, or a court of competent
jurisdiction, be binding and conclusive upon all state and local
agencies, as to all matters set forth and no order, direction, or
requirement at variance therewith shall be made or issued by any
other state or local agency.
e. Make, amend, and repeal rules for the administration and
enforcement of the provisions of this section, and for the collection
of reasonable fees in connection therewith.
f. Prohibit the commencement of construction until a permit
has been issued by the local building department after a showing of
compliance with the requirements of the applicable provisions of the
state building code.
3. The specifications for all buildings to be constructed after
July 1, 1977, and which exceed a total volume of one hundred thousand
cubic feet of enclosed space that is heated or cooled shall be
reviewed by a registered architect or licensed engineer for
compliance with applicable energy efficiency standards. A statement
that a review has been accomplished and that the design is in
compliance with the energy efficiency standards shall be signed and
sealed by the responsible registered architect or licensed engineer.
This statement shall be filed with the commissioner prior to
construction. If the specifications relating to energy efficiency
for a specific structure have been approved, additional buildings may
be constructed from those same plans and specifications without need
of further approval if construction begins within five years of the
date of approval. Alterations of a structure which has been
previously approved shall not require a review because of these
changes, provided the basic structure remains unchanged. Section History: Early Form
[C73, 75, 77, 79, 81, § 103A.19] Section History: Recent Form
2007 Acts, ch 97, §2, 3; 2007 Acts, ch 126, §21; 2008 Acts, ch
1032, § 201; 2008 Acts, ch 1126, § 12, 33
Referred to in § 103A.10, 103A.10A, 103A.21
Architect's seal required; § 544A.28 Footnotes
2007 amendment to subsection 2, unnumbered paragraph 1, applies to
building permits issued on or after July 1, 2008; 2007 Acts, ch 97,
§3