Iowa Code 103A.12 – Adoption and withdrawal — procedure
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1. The state building code is applicable in each governmental subdivision of the state in which the governing body has enacted an ordinance accepting the applicability of the code and has filed a certified copy of the ordinance in the office of the commissioner. The state building code becomes effective in the governmental subdivision upon the date fixed by the governmental subdivision ordinance, which must not be more than six months after the date of adoption of the ordinance.
Terms Used In Iowa Code 103A.12
- building: includes any part of a building unless the context clearly requires a different meaning. See Iowa Code 103A.3
- code: means the state building code provided for in section 103A. See Iowa Code 103A.3
- Commissioner: means the state building code commissioner created by this chapter. See Iowa Code 103A.3
- Construction: means the construction, erection, reconstruction, alteration, conversion, repair, equipping of buildings, structures or facilities, and requirements or standards relating to or affecting materials used in connection therewith, including provisions for safety and sanitary conditions. See Iowa Code 103A.3
- Governmental subdivision: means any city, county, or combination thereof. See Iowa Code 103A.3
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- structure: includes any part of a structure unless the context clearly requires a different meaning. See Iowa Code 103A.3
- year: means twelve consecutive months. See Iowa Code 4.1
2. A governmental subdivision in which the state building code is applicable may by ordinance, at any time after one year has elapsed since the code became applicable, withdraw from the application of the code. The local governing body shall hold a public hearing, after giving not less than four but not more than twenty days’ public notice, together with written notice to the commissioner of the time, place, and purpose of the hearing, before the ordinance to withdraw is voted upon. A certified copy of the vote of the local governing body shall be transmitted within ten days after the vote is taken to the commissioner. The ordinance becomes effective at a time to be specified in the ordinance, which must be not less than one hundred eighty days after the date of adoption. Upon the effective date of the ordinance, the state building code ceases to apply to the governmental subdivision except that construction of a building or structure pursuant to a permit previously issued is not affected by the withdrawal.
3. A governmental subdivision which has withdrawn from the application of the state building code may, at any time thereafter, restore the application of the code in the same manner as specified in this section.