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2004 Iowa Attorney General Reports and Opinions 1 (2004)

handle is hein.sag/sagia0008 and id is 1 raw text is: 2004 WL 1149410 (Iowa A.G.) Office of the Attorney General State of Iowa *1 Opinion No. 04-2-1 February 17, +2004+ MUNICIPALITIES: Building Code Requirements; Condominiums. Iowa Code qA 103A.3(3), 103A.3(14), 499B.20 (2003). When the state building code is not applicable, Iowa Code section 499B.20 requires compliance with all local building regulations, not merely those regulations labeled as a local building code, prior to conversion of existing apartments to condominiums. (Sheridan to Greimann, State Representative, 2- 17-04) #04-2-1(L) The Honorable Jane Greimann State Representative 1518 - 13th Street Ames, IA 50010 Dear Representative Greimann: You have requested our opinion regarding whether compliance with all local building regulations, not merely those expressly entitled or referred to as building code requirements, is a prerequisite to conversion of apartments to condominiums pursuant to Iowa Code section 499B.20. We conclude that, when the state building code is not applicable, all local building regulations must be complied with prior to conversion of preexisting apartments to a condominium. Iowa Code chapter 499B regulates the establishment of horizontal property regimes, i.e. condominiums. An owner who wishes to convert an existing structure to condominiums must file a declaration with the city in which the regime is located or with the county, if the property is not located within a city, at least sixty days prior to recording the declaration with the county recorder, to enable the city or county to establish that the converted structure meets appropriate building code requirements as provided in Iowa Code section 499B.20. Iowa Code 4 499B.3 (2003). If the city or county does not have a building code, then the declaration must be filed with the state building code commissioner to enable the commissioner to establish that the converted structure meets the state building code. Id. As to property conversion, section 499B.20 provides: After April 25, 2000, an existing structure shall not be converted to a horizontal property regime unless the converted structure meets local city or county, as applicable, building code requirements in effect on the date of the conversion or the state building code requirements if the local city or county does not have a building code. For purposes of this section, if the structure is located in a city, the city building code applies and if the structure is located in the unincorporated area of the county, the county building code applies. Iowa Code § 422B.20 (2003) (emphasis added). Iowa Code chapter 103A governs the establishment, administration and enforcement of the state building code. The state building code commissioner is authorized to formulate, adopt or amend by rule minimum safeguards in the erection and construction of buildings and structures. Iowa Code qq 103A.7, 103A.11 (2003). The state building code applies in each governmental subdivision which has enacted an ordinance accepting the applicability of the code and filed a certified copy of the ordinance with the commissioner. Iowa Code 4 103A. 12 (2003). Cities and counties also may, at any time after one year has elapsed since the code became applicable, adopt an ordinance withdrawing from the application of the state building code. Id. *2 Cities and counties which have not accepted applicability of the state building code or have withdrawn from application of the state building code may adopt by ordinance their own building code as well as other regulations relating to the erection and construction of buildings, e.g. plumbing code, mechanical code, electrical code, fire code. See 1982 Iowa Op. Att'y Gen. 331 (#82-1-8(L)); Iowa Code 4 103A.22 (2003) (recognizing power of governmental subdivisions to enact building regulations). The question then becomes whether additional local building regulations, not specifically referred to as building code, must also be complied with as building code requirements prior to conversion of a structure to condominiums pursuant to Iowa Code section 499B.20. The phrase building code requirements, although used in section 4998.20, is not defined in Iowa Code chapter 499B. For purposes of the state building code, local building regulations are defined within Code chapter 103A as building regulations adopted by a governmental subdivision. Iowa Code q 103A.3(14) (2003). Building regulations are defined broadly to include:

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