Safety and compliance main focus in city’s business inspection program

Similar to the city’s rental housing inspection program that was passed last year, businesses across Newton will be examined by a contracted inspector —administered through the fire department — to make sure fire safety and building codes are being followed. This program will begin Jan. 1, 2021.

Newton City Council unanimously approved the ordinance on Monday, Dec. 7. Councilperson Randy Ervin said business owners on the town square had reached out to him with concerns about the program’s scrutiny, particularly for establishments in the historical district whose buildings were not built up to code.

Some also wondered if the intent of the program was to generate city revenue.

“I was kind of concerned and understood where they were coming from,” Ervin said, noting Newton Fire Chief Jarrod Wellik provided some extra insight to explain this wasn’t the case. “… I was able to reach out to this business owner and assure him that this wasn’t just a money, revenue enhancing project.”

Rather the city’s Commercial Business/Property Inspection Program is a safety project for everybody in town, Ervin added. The councilman urged his fellow elected officials and city staff “to be honest and think about that” when inspections are being conducted at these local businesses.

Economic conditions are temperamental for these businesses, too. Ervin shared his and other business owners’ worries that the city would issue a number of fines on establishments that have been struggling financially since early spring.

“Some of these businesses in the square — as we all know due to COVID and different things this year — are barely hanging on,” he said. “So to go in and levy a bunch of fines or make this a revenue processing program would be very detrimental to the businesses.”

After getting more information from Wellik, Ervin said he’s less concerned something like that will happen.

According to city documents, the new program will include review of property maintenance items to continue the city council’s goal of improving curb appeal. The city itself will be divided into a north and south half, with one half being inspected annually.

Complying businesses that meet required codes will be inspected on a two-year rotation. However, those that have continued violations will be inspected annually. The businesses that have liquor licenses will be inspected annually as required by state law.

Requirements and conditions in the program include: code compliance, garbage disposal, space and security, access, lighting in public halls and stairways, potable water supply, structure and materials, site and neighborhood, occupancy standards, ownership responsibilities, tenant/occupant responsibilities and substandard commercial business/property units.

Commercial businesses and properties that fail to comply shall be referred to the fire department and the city attorney for prosecution as a municipal infraction. It may also result in the revocation of a certificate of occupancy, revocation of a community business/property occupancy permit and/or be required to vacate.

Iowa Inspections, LLC will conduct the inspections for the city’s Commercial Business/Property Inspection Program.

Regular commercial inspections of properties measuring 3,000 square feet or less will be $100. Medium commercial inspections (3,001-6,000 square feet) will be $200; large commercial inspections (6,001-9,000 square feet) will be $300; and extra large commercial inspections (9,001 square feet and up) will be $400.

Newton Mayor Mike Hansen pointed out to the business community that as the city council adopts a new business code, the intent is for safety and compliance purposes rather than a way for the city to make money. If the city finds compliance issues, staff are “more than willing” to help businesses along.

The city doesn’t want the program be a burden, financially or otherwise.

“We realize this is a new program that we’re kicking off, and we’re more than willing to work with the businesses to get them in compliance of safety issues,” Hansen said.

Wellik echoed those same sentiments. Comments the fire chief received from property owners around the town square prior to council action emphasized the same concerns Ervin had shared. Rumors said the city would require sprinkler systems throughout the buildings. Wellik assured this is not true.

Certain codes existed when those historical buildings were built. Unless the building is significantly altered, that same building code still applies. If properties were built without a sprinkler system and have been operating under those terms, they will continue to operate on those terms.

“Should we have somebody that comes in and they remodel a building or change a building’s footprint or change the use of it to the point where it requires a sprinkler system, that’s the important part of contacting community development very early in the process and making sure we know the exact use,” Wellik said.

“Their businesses are safe.”

Contact Christopher Braunschweig at 641-792-3121 ext. 6560 or cbraunschweig@newtondailynews.com