Code of Ordinances Amendment - Title 14 Emergency Escape/Rescue Openings_FIRST READING Copyrighted
August 17, 2020
City of Dubuque Action Items # 3.
City Council Meeting
ITEM TITLE: Proposed Amendment to City Ordinance for Emergency Escape &
Rescue Openings
SUM MARY: City Manager recommending approval of amendments to the City of
Dubuque Code of Ordinances - Building Code for emergency escape
and rescue openings.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 14
Building and Development, Chapter 1 Building Codes, Article J Property
Maintenance Code, Section 14-1 J-2 I nternational Property Maintenance
Code Amendments
ORDINANCE Amending City of Dubuque Code of Ordinances Title 14
Building and Development, Chapter 1 Building Codes, Article B
Residential Code, Sections 14-1 B-1 I nternational Residential Code
Adopted and 14-1 B-2 International Residential Code Amendments
ORDINANCE Amending City of Dubuque Code of Ordinances Title 14
Building and Development, Chapter 1, Building Codes,Article J,
Property Maintenance Code Section 14-1 J-2 I nternational Property
Maintenance Code Amendments
ORDINANCE Amending City of Dubuque Code of Ordinances Title 14
Building and Development, Chapter 1, Building Code
SUGGESTED Suggested Disposition: Receive and File; Motion B; MotionA
DISPOSITION:
ATTACHMENTS:
Description Type
Emergency Escape and Rescue Openings-MVM City Manager Memo
Memo
Staff Memo Staff Memo
Ordinance Amending Article A Ordinance
Ordinance Amending Article B Ordinance
Ordinance Amending Article J Ordinance
Ordinance Amending Article K Ordinance
Petition Supporting Documentation
Suggested Motion Wording Supporting Documentation
Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Proposed Building Code Amendments for Emergency Escape and Rescue
Openings
DATE: August 13, 2020
Housing and Community Development Director Alexis Steger recommends City Council
approval of an amendment to the Building Code for emergency escape and rescue
openings.
Windows are often used as an Emergency Escape and Rescue Opening in bedrooms,
and are a component of a structure that is often replaced. To continue to make
windows safer throughout the community that do not meet current code
requirements, changes are being proposed.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic ael C. Van Milligen
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Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Alexis M. Steger, Housing and Community Development Director
Dubuque
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TO: Michael C. Van Milligen, City Manager
FROM: Alexis M. Steger, Housing and Community Development Director
DATE: August 11, 2020
RE: Proposed Building Code Amendments for Emergency Escape and
Rescue Openings
INTRODUCTION
The purpose of this memo is to request City Council consider a proposed
amendment to the Building Code for emergency escape and rescue openings.
BACKGROUND
The City of Dubuque adopts the International Code Council Building Codes to ensure
the safety of structures in the City. These codes provide minimum requirements for
safety and are intended to be modified as needed for specific local conditions that are
unique to a municipality.
On September 5, 2019 the City Council adopted the 2018 International Codes.
DISCUSSION
It is prudent for a Building Code Official to continually assess how building codes
apply to existing structures, what burden is placed on property owners, what safety
measures are needed for occupants, and how all the codes adopted work together
to create a holistically safe structure. Since the adoption of the 2018 International
Codes, several modification/appeal requests were received by the Building Code
Official regarding windows with the intended use as an Emergency Escape and
Rescue Opening (EERO). Additionally, a petition was received asking the City
Council to address the inconsistencies in the City Building Codes (See attached
petition). This indicates a potential need for a review of the codes.
Building Services and Housing Inspection Services Division met to discuss the
discrepancies for EEROs between the International Property Maintenance Code,
the International Existing Building Code, the International Residential Code, and the
International Building Code. It was determined that the discrepancies are caused by
a reference in some of the codes to the "code in effect at the time of construction".
Unfortunately, determining the code in effect at the time of construction is a very
1
difficult and onerous task based on how inaccessible the ordinance changes are
from prior to 1999. Many are handwritten or non-searchable documents of the
minutes from City Council meetings.
It is very important for safety of occupants to have EEROs that are large enough for
an effective rescue in the event of a fire, or other event causing the main route of
escape to be unavailable. However, this safety must be balanced with cost of
upgrading those EEROs, and other measures that can be taken to increase safety
at a lesser cost.
It is also important that City Codes are easily understood and can be referenced by
those that need to alter structures to meet those codes; such as property owners
and contractors. Current building code that references "code in effect at the time of
construction" for the City of Dubuque is ineffective for components that are often
repair or replaced therefore resetting the time of construction, but not recording the
new date of construction. New owners of properties that did not complete the
replacements must resort to "guessing" when replacement occurred, as are
inspectors.
Windows are often used as an Emergency Escape and Rescue Opening in
bedrooms, and are a component of a structure that is often replaced. Window
replacements did not require a permit in the past, and therefore the City of Dubuque
records are unable to assist property owners/inspectors with identifying when
window replacements occurred.
Therefore, the building code officials of the City of Dubuque; Housing & Community
Development Director, Acting Building Service Manager, and Fire Marshall, are
proposing removal of the reference to "code in effect at the time of construction"
and replacing it with a minimum threshold for EEROs.
Consistently, in building codes since the 1960's, EEROs were required to have a
minimum opening width of 20 inches and a minimum opening height of 24 inches,
with a minimum net clear opening of at least 5.7 square feet. However, consistently
inspections have found that this code has not been followed and the openings in the
structure would need to be altered to accommodate this requirement. This type of
alteration creates a significant burden on property owners. Therefore, the minimum
requirements being proposed with this amendment reduces the 5.7 square foot
requirement in instances where the rough opening in the building would not
accommodate a window of that size to 4.0 square feet while maintaining the width
and height minimum requirements.
To continue to make windows safer throughout the community that do not meet
current code requirements, an additional change to the code is being proposed:
When a window is replaced, and unable to meet the 5.7 square foot requirement, it
2
must be replaced with a window style that provides for the largest openable area
that fits in the existing opening. This does not create a cost burden for a property
owner.
A second component of the current building code requires windows used as EEROs
to be no more than 44 inches from the floor to the openable area of the window.
Prior to 1979, windows used as EEROs were allowed to be 48 inches from the floor
to the openable area. An amendment to the International Residential Code was
previously adopted by the City Council to allow for a more cost effective approach
by allowing the installation of a permanently affixed platform to meet the 44 inch
maximum if approved by the Building Code Official. To be consistent across all
Building Codes adopted, this same language is being proposed to be included in
the International Property Maintenance Code, and the International Existing
Building Code.
The effect of the code changes is included with each Ordinance presented for
consideration by the City Council.
RECOMMENDATION
I respectfully request City Council adopt the ordinances amending the Building
Codes as reviewed and recommended by the three Building Code Officials of
the City of Dubuque.
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager/Acting Building Services Manager
Mark Burkle, Fire Marshall
3
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. - 20
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE A BUILDING CODE AND
REGULATIONS, SECTIONS 14-1A-1 INTERNATIONAL BUILDING CODE ADOPTED
AND 14-1A-2 INTERNATIONAL BUILDING CODE AMENDMENTS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14-1A-2 of the City of Dubuque Code of Ordinances is
amended to read as follows:
14-1A-2: INTERNATIONAL BUILDING CODE AMENDMENTS:
The following additions, deletions, modifications, or amendments of the international
building code, 2018 edition, adopted in section 14-1A-1 of this article to read as follows:
Section 1030.2 Minimum size. Amended to read:
Sec. 1030.2 Minimum size.
Emergency escape and rescue openings shall have a minimum net clear opening
of 5.7 square feet.
Exception: The minimum net clear opening for grade-floor emergency
escape and rescue openings shall be 5 square feet.
Exception: Replacement windows installed in buildings meeting the scope
of this code shall be exempt from the minimum size
requirements of this section, provided that the replacement
window meets the following conditions:
1. The replacement window is the manufacturer's largest
standard size window that will fit within the existing
frame or existing rough opening. The replacement
window shall be of a style that provides for the greatest
net clear window opening area in the existing frame or
existing rough opening, but will have a minimum net
clear openable width of 20 inches, a minimum net clear
openable height of 24 inches, and a minimum net clear
opening of 4.0 square feet.
2. The replacement window is not part of a change of
occupancy or use.
Section 1030.3. Maximum height from floor. Amended to read:
Sec. 1030.3. Maximum height from floor.
Emergency escape and rescue openings shall have the bottom of the clear
opening not greater than 44 inches (1118 mm) measured from the floor. An
existing finished sill height may exceed 44 inches (1118 mm) above the floor if the
following conditions are met:
a. A platform capable of supporting a live load of 300 pounds shall be permanently
affixed at the interior of the structure. This platform shall be no lower than 20
inches (508 mm) above the floor and no higher than 36 inches (914 mm) above
the floor. The distance from the platform to the finished sill height shall not
exceed 36 inches (914 mm). The platform shall extend outward from the wall a
minimum of 24 inches (610 mm) and shall be at least as wide as the clear
openable width of the window.
b. The emergency escape or rescue window shall comply with section 1030.2.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 17th day of August, 2020.
Roy D. Buol, Mayor
Attest:
Kevin S. Firnstahl, City Clerk
EFFECT OF AMENDMENT
14-1A-2: INTERNATIONAL BUILDING CODE AMENDMENTS:
Sec. 1030.2 Minimum size.
Emergency escape and rescue openings shall have a minimum net clear opening of 5.7
square feet.
Exception: The minimum net clear opening for grade-floor emergency escape and
rescue openings shall be 5 square feet.
Exception: Replacement windows installed in buildings meeting the scope of this
code shall be exempt from the minimum size requirements of this
section, provided that the replacement window meets the following
conditions:
1. The replacement window is the manufacturer's largest standard
size window that will fit within the existing frame or existing rough
opening. The replacement window shall be of a style that provides
for the greatest net clear window opening area in the existing
frame or existing rough opening, but will have a minimum net clear
openable width of 20 inches, a minimum net clear openable height
of 24 inches, and a minimum net clear opening of 4.0 square feet.
2. The replacement window is not part of a change of occupancy or
use.
Sec. 1030.3. Maximum height from floor.
Emergency escape and rescue openings shall have the bottom of the clear
opening not greater than 44 inches (1118 mm) measured from the floor. An
existing finished sill height may exceed 44 inches (1118 mm) above the floor if the
following conditions are met:
a. A platform capable of supporting a live load of 300 pounds shall be permanently
affixed at the interior of the structure. This platform shall be no lower than 20
inches (508 mm) above the floor and no higher than 36 inches (914 mm) above
the floor. The distance from the platform to the finished sill height shall not
exceed 36 inches (914 mm). The platform shall extend outward from the wall a
minimum of 24 inches (610 mm) and shall be at least as wide as the clear
openable width of the window.
b. The emergency escape or rescue window shall comply with section 1030.2.
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. - 20
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE B RESIDENTIAL CODE,
SECTIONS 14-1 B-1 INTERNATIONAL RESIDENTIAL CODE ADOPTED AND 14-1 B-2
INTERNATIONAL RESIDENTIAL CODE AMENDMENTS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14-1 B-2 of the City of Dubuque Code of Ordinances is
amended to read as follows:
14-1 B-2: INTERNATIONAL RESIDENTIAL CODE AMENDMENTS:
The following additions, deletions, modifications, or amendments of the international
residential code, 2018 edition, adopted in section 14-1 B-1 of this article to read as follows:
Section 310.1. Emergency escape and rescue opening required. Amended to Read:
Sec. 310.1. Emergency escape and rescue opening required. Basements, habitable
attics, and every sleeping room shall have at least one (1) operable emergency
escape and rescue opening. Where basements contain one or more sleeping rooms,
emergency egress and rescue openings shall be required in each sleeping room.
Where emergency escape and rescue openings are provided they shall have a sill
height of not more than 44 inches (1118 mm) above the floor. The net clear opening
dimensions required by this section shall be obtained by the normal operation of the
emergency escape and rescue opening from the inside. Emergency escape and
rescue openings with a finished sill height below the adjacent ground elevation shall
be provided with a window well in accordance with section R310.3.2. Emergency
escape and rescue openings shall open directly into a public way, or to a yard or
court that opens to a public way.
Exceptions:
1. Basements used only to house mechanical equipment and not exceeding total
floor area of 200 square feet (18.58 m2).
2. Basements without bedrooms that provide a second stairway that terminates
in a room separate from the first stairway.
3. An existing finished sill height may exceed 44 inches (1118 mm) above the
floor if the following conditions are met:
a. A platform capable of supporting a live load of 300 pounds shall be
permanently affixed at the interior of the structure. This platform shall be
no lower than 20 inches (508 mm) above the floor and no higher than 36
inches (914 mm) above the floor. The distance from the platform to the
finished sill height shall not exceed 36 inches (914 mm). The platform
shall extend outward from the wall a minimum of 24 inches (610 mm) and
shall be at least as wide as the clear openable width of the window.
b. The escape or rescue window shall comply with section R310.2.
c. The building is equipped with smoke alarms installed in accordance with
section R314.
Section 310.2.5 Replacement Windows. Amended to read:
Section R310.2.5 Replacement windows. Replacement windows installed in
buildings meeting the scope of this code shall be exempt from the maximum sill
height requirements of Section R310.2.2 and the requirements of Section
R310.2.1, provided that the replacement window meets the following conditions:
1. The replacement window is the manufacturer's largest standard size window
that will fit within the existing frame or existing rough opening. The
replacement window shall be of a style that provides for the greatest net clear
window opening area in the existing frame or existing rough opening, but will
have a minimum net clear openable width of 20 inches, a minimum net clear
openable height of 24 inches, and a minimum net clear opening of 4.0 square
feet.
2. The replacement window is not part of a change of occupancy or use.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 17t" day of August, 2020.
Roy D. Buol, Mayor
Attest:
Kevin S. Firnstahl, City Clerk
EFFECT OF AMENDMENT
Sec. R310.1. Emergency escape and rescue opening required. Basements, habitable
attics, and every sleeping room shall have at least one (1) operable emergency escape
and rescue opening. Where basements contain one or more sleeping rooms, emergency
egress and rescue openings shall be required in each sleeping room. Where emergency
escape and rescue openings are provided they shall have a sill height of not more than
44 inches (1118 mm) above the floor. The net clear opening dimensions required by this
section shall be obtained by the normal operation of the emergency escape and rescue
opening from the inside. Emergency escape and rescue openings with a finished sill
height below the adjacent ground elevation shall be provided with a window well in
accordance with section R310.3.2. Emergency escape and rescue openings shall open
directly into a public way, or to a yard or court that opens to a public way.
Exceptions:
1. Basements used only to house mechanical equipment and not exceeding total
floor area of 200 square feet (18.58 m2).
2. Basements without bedrooms that provide a second stairway that terminates in a
room separate from the first stairway.
3. An existing finished sill height may exceed 44 inches (1118 mm) above the floor if
the following conditions are met:
a. A platform capable of supporting a live load of 300 pounds shall be
permanently affixed at the interior of the structure. This platform shall be
no lower than 20 inches (508 mm) above the floor and no higher than 36
inches (914 mm) above the floor. The distance from the platform to the
finished sill height shall not exceed 36 inches (914 mm). The platform shall
extend outward from the wall a minimum of 24 inches (610 mm) and shall
be at least as wide as the clear openable width of the window.
b. The escape or rescue window shall comply with section R310.2.
c. The building is equipped with smoke alarms installed in accordance with
section R314.
Section R310.2.5 Replacement windows. Replacement windows installed in buildings
meeting the scope of this code shall be exempt from the maximum sill height requirements
of Section R310.2.2 and the requirements of Section R310.2.1, provided that the
replacement window meets the following conditions:
1. The replacement window is the manufacturer's largest size window that will fit
within the existing frame or existing rough opening. The replacement window shall
be of a style that provides for the greatest net clear window opening area in the
existing frame or existing rough opening, but will have a minimum net clear
openable width of 20 inches, a minimum net clear openable height of 24 inches,
and a minimum net clear opening of 4.0 square feet..
2. The replacement window is not part of a change of occupancy or use.
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. - 20
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE J PROPERTY
MAINTENANCE CODE, SECTION 14-1J-2 INTERNATIONAL PROPERTY
MAINTENANCE CODE AMENDMENTS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14-1 J-2 of the City of Dubuque Code of Ordinances is amended
to read as follows:
14-1J-2: INTERNATIONAL PROPERTY MAINTENANCE CODE AMENDMENTS:
The following additions, deletions, modifications, or amendments of the international
property maintenance code, 2018 edition, adopted in section 14-1 J-1 of this article to read
as follows:
Section 702.4. Emergency escape openings. Amended to read:
702.4. Emergency escape openings. Required emergency escape and rescue
openings shall be operational from the inside of the room without the use of keys, tools
or special knowledge. Bars, grilles, grates or similar devices shall be permitted to be
placed over emergency escape and rescue openings provided that the minimum net
clear openable area is met and such devices shall be releasable or removable from the
inside without the use of a key, tool, special knowledge, or force greater than that which
is required for normal operation of the escape and rescue opening.
Where required, existing emergency escape and rescue openings shall have a
minimum net clear opening of 4.0 square feet. The minimum net clear opening height
dimension shall not be less than 24 inches. The minimum net clear opening width
shall not be less than 20 inches. The net clear opening dimensions shall be the result
of normal operation of the opening. When windows are provided as the emergency
escape and rescue opening they shall have a finished sill height not more than 44
inches above the floor. An existing finished sill height may exceed 44 inches
(1118 mm) above the floor if the following conditions are met:
a. A platform capable of supporting a live load of 300 pounds shall be
permanently affixed at the interior of the structure. This platform shall be no
lower than 20 inches (508 mm) above the floor and no higher than 36 inches
(914 mm) above the floor. The distance from the platform to the finished sill
height shall not exceed 36 inches (914 mm). The platform shall extend
outward from the wall a minimum of 24 inches (610 mm) and shall be at least
as wide as the clear openable width of the window.
b. The emergency escape or rescue window shall comply with International
Residential Code Section R310.2.
c. The building is equipped with smoke alarms installed in accordance with
International Residential Code Section R314.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 17th day of August, 2020.
Roy D. Buol, Mayor
Attest:
Kevin S. Firnstahl, City Clerk
EFFECT OF AMENDMENT
Section 702.4 Emergency escape openings. Amended to read:
Required emergency escape and rescue openings shall be operational from the inside
of the room without the use of keys, tools, or special knowledge. Bars, grilles, grates or
similar devices shall be permitted to be placed over emergency escape and rescue
openings provided that the minimum net clear opening size is met and such devices
shall be releasable or removable from the inside without the use of a key, tool, special
knowledge, or force greater than that which is required for normal operation of the
escape and rescue opening.
Where required, existing emergency escape and rescue openings shall have a
minimum net clear opening of 4.0 square feet. The minimum net clear opening height
dimension shall not be less than 24 inches. The minimum net clear opening width
shall not be less than 20 inches. The net clear opening dimensions shall be the result
of normal operation of the opening. When windows are provided as the emergency
escape and rescue opening they shall have a finished sill height not more than 44
inches above the floor. An existing finished sill height may exceed 44 inches
(1118 mm) above the floor if the following conditions are met:
a. A platform capable of supporting a live load of 300 pounds shall be
permanently affixed at the interior of the structure. This platform shall be no
lower than 20 inches (508 mm) above the floor and no higher than 36 inches
(914 mm) above the floor. The distance from the platform to the finished sill
height shall not exceed 36 inches (914 mm). The platform shall extend
outward from the wall a minimum of 24 inches (610 mm) and shall be at least
as wide as the clear openable width of the window.
b. The emergency escape or rescue window shall comply with International
Residential Code Section R310.2.
The building is equipped with smoke alarms installed in accordance with International
Residential Code Section R314.. . . .
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. - 20
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING CODES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14-1 K-2 of the City of Dubuque Code of Ordinances is
amended to read as follows:
14-1 K-2: INTERNATIONAL EXISITING BUILDING CODE AMENDMENTS:
The following additions, deletions, modifications, or amendments of the international
existing building code, 2018 edition, adopted in section 14-1 K-1 of this article to read as
follows:
Section 505.3 Replacement window emergency escape and rescue opening. Amended
to read:
Section 505.3 Replacement window emergency escape and rescue opening.
Where windows are required to provide emergency escape and rescue openings
in Group R-2 and R-3 occupancies and one- and two-family dwellings and
townhouses regulated by the International Residential Code, replacement
windows shall be exempt from the requirements of Sections 1030.2, 1030.3 and
1030.4 of the International Building Code and Sections R310.2.1, R310.2.2 and
R310.2.3 of the International Residential Code, provided that the replacement
window meets the following conditions:
1. The replacement window is the manufacturer's largest standard size window
that will fit within the existing frame or existing rough opening. The
replacement window shall be of a style that provides for the greatest net clear
window opening area in the existing frame or existing rough opening, but will
have a minimum net clear openable width of 20 inches, a minimum net clear
openable height of 24 inches, and a minimum net clear opening of 4.0 square
feet.
2. The replacement of the window is not part of a change in occupancy or use.
Section 505.4 Emergency escape and rescue openings. Amended to read:
Section 505.4 Emergency escape and rescue openings.
Emergency escape and rescue openings shall be operational from the inside of
the room without the use of keys, tools or special knowledge. Bars, grilles,
grates or similar devices shall be permitted to be placed over emergency
escape and rescue openings provided that the minimum net clear openable
area is met and such devices shall be releasable or removable from the inside
without the use of a key, tool, special knowledge, or force greater than that
which is required for normal operation of the escape and rescue opening.
Where required, existing emergency escape and rescue openings shall have a
minimum net clear opening of 4.0 square feet. The minimum net clear opening
height dimension shall not be less than 24 inches. The minimum net clear
opening width shall not be less than 20 inches. The net clear opening
dimensions shall be the result of normal operation of the opening. When
windows are provided as the emergency escape and rescue opening they
shall have a finished sill height not more than 44 inches above the floor. An
existing finished sill height may exceed 44 inches (1118 mm) above the floor if
the following conditions are met:
a. A platform capable of supporting a live load of 300 pounds shall be
permanently affixed at the interior of the structure. This platform shall be no
lower than 20 inches (508 mm) above the floor and no higher than 36 inches
(914 mm) above the floor. The distance from the platform to the finished sill
height shall not exceed 36 inches (914 mm). The platform shall extend
outward from the wall a minimum of 24 inches (610 mm) and shall be at least
as wide as the clear openable width of the window.
b. The emergency escape or rescue window shall comply with International
Residential Code Section R310.2.
c. The building is equipped with smoke alarms installed in accordance with
International Residential Code Section R314.
Smoke alarms shall be installed in accordance with Section 907.2.10 of the
International Building Code regardless of the valuation of the alteration
Section 702.5 Replacement window emergency escape and rescue opening. Amended
to read:
Section 702.5 Replacement window emergency escape and rescue opening.
Where windows are required to provide emergency escape and rescue openings
in Group R-2 and R-3 occupancies and one- and two-family dwellings and
townhouses regulated by the International Residential Code, replacement
windows shall be exempt from the requirements of Sections 1030.2, 1030.3 and
1030.4 of the International Building Code and Sections R310.2.1, R310.2.2 and
R310.2.3 of the International Residential Code, provided that the replacement
window meets the following conditions:
1. The replacement window is the manufacturer's largest standard size
window that will fit within the existing frame or existing rough opening.
The replacement window shall be of a style that provides for the greatest
net clear window opening area in the existing frame or existing rough
opening, but will have a minimum net clear openable width of 20 inches,
a minimum net clear openable height of 24 inches, and a minimum net
clear opening of 4.0 square feet.
2. The replacement of the window is not part of a change in occupancy or
use.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 17th day of August, 2020.
Roy D. Buol, Mayor
Attest:
Kevin S. Firnstahl, City Clerk
EFFECT OF AMENDMENT
14-1 K-2: INTERNATIONAL EXISITING BUILDING CODE AMENDMENTS:
Section 505.3 Replacement window emergency escape and rescue opening.
Where windows are required to provide emergency escape and rescue openings in
Group R-2 and R-3 occupancies and one- and two-family dwellings and townhouses
regulated by the International Residential Code, replacement windows shall be exempt
from the requirements of Sections 1030.2, 1030.3 and 1030.4 of the International
Building Code and Sections R310.2.1, R310.2.2 and R310.2.3 of the International
Residential Code, provided that the replacement window meets the following conditions:
1. The replacement window is the manufacturer's largest size window that will fit
within the existing frame or existing rough opening. The replacement window shall
be of a style that provides for the greatest window opening area in the existing
frame or existing rough opening, but will have a minimum net clear openable width
of 20 inches, a minimum net clear openable height of 24 inches, and a minimum
net clear opening of 4.0 square feet.
2. The replacement of the window is not part of a change in occupancy or use.
Section 505.4 Emergency escape and rescue openings.
Emergency escape and rescue openings shall be operational from the inside of the
room without the use of keys, tools, or special knowledge. Bars, grilles, grates or
similar devices shall be permitted to be placed over emergency escape and rescue
openings provided that the minimum net clear opening area is met and such devices
shall be releasable or removable from the inside without the use of a key, tool, special
knowledge or force greater than that which is required for normal operation of the
escape and rescue opening..
Where required, all emergency escape and rescue openings shall have a minimum
net clear opening of 4.0 square feet. The minimum net clear opening height
dimension shall not be less than 24 inches. The minimum net clear opening width
shall not be less than 20 inches. The net clear opening dimensions shall be the result
of normal operation of the opening. When windows are provided as the emergency
escape and rescue opening they shall have a finished sill height not more than 44
inches above the floor. An existing finished sill height may exceed 44 inches
(1118 mm) above the floor if the following conditions are met:
a. A platform capable of supporting a live load of 300 pounds shall be permanently
affixed at the interior of the structure. This platform shall be no lower than 20
inches (508 mm) above the floor and no higher than 36 inches (914 mm) above
the floor. The distance from the platform to the finished sill height shall not
exceed 36 inches (914 mm). The platform shall extend outward from the wall a
minimum of 24 inches (610 mm) and shall be at least as wide as the clear
openable width of the window.
b. The emergency escape or rescue window shall comply with International
Residential Code Section R310.2.
c. The building is equipped with smoke alarms installed in accordance with
International Residential Code Section R314.
Smoke alarms shall be installed in accordance with Section 907.2.10 of the
International Building Code regardless of the valuation of the alteration.
Section 702.5 Replacement window emergency escape and rescue opening.
Where windows are required to provide emergency escape and rescue openings in
Group R-2 and R-3 occupancies and one- and two-family dwellings and townhouses
regulated by the International Residential Code, replacement windows shall be exempt
from the requirements of Sections 1030.2, 1030.3 and 1030.4 of the International
Building Code and Sections R310.2.1, R310.2.2 and R310.2.3 of the International
Residential Code, provided that the replacement window meets the following conditions:
1. The replacement window is the manufacturer's largest standard size window that
will fit within the existing frame of existing rough opening. The replacement window
shall be of a style that provides for the greatest window opening area in the existing
frame of existing rough opening, but will have a minimum net clear openable width
of 20 inches, a minimum net clear openable height of 24 inches, and a minimum
net clear opening of 4.0 square feet.
2. The replacement of the window is not part of a change in occupancy or use.
Petition Summary: Building codes must be equally enforced and universal for residential regardless if they are
owner occupied or rental units. Required emergency escape openings shall be maintained in accordance
with the code in effect at the time of construction Emergency escape and rescue openings are only
subject to the code that was in effect at the time of construction rather than expecting all structures to
retroactively meet the requirements of each new code.
Action Petitioned For. We the undersigned are concerned citizens who urge our leaders to act now to
reestablish the clarification of code 702.4, and disallow homes and apartment buildings being penalized for the
codes in effect at the time of construction.
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Kevin Firnstahl
From:Citizen Support Center <dubuqueia@mycusthelp.net>
Sent:Thursday, August 27, 2020 2:56 PM
To:Kevin Firnstahl
Subject:"Contact Us" inquiry from City of Dubuque website
Attachments:city_council_letter_8-26-20.docx; 1844_Carter_Road_Appeal_pkg_for_8-18-20.pdf
Contact Us
Name: Rob Smith
Address: 1057 BONNIE CT
Ward: 1
Phone: 5635900236
Email: r8ksmith@msn.com
City Department: City Council
Message: Hello
I have attached a few files, a letter and additional information
Thank you for your time and your service
Click here to report this email as spam.
1
Hello City of Dubuque Council,
I wanted to express my concerns for the proposed building code amendments for Emergency Escape and Rescue
openings.
Under the proposed amendments it would strip the home owner and landlord of any grandfathered exceptions to
existing windows sizes that were correct at the time of construction.
I currently own a few such buildings that have been going through the process with the city housing department.
The first house is at 1844 Carter Road. Very nice rental home that has been rented for 10 years and inspected
approximately 3 times over a 10 year period, always passed, never an issue with the windows. This year the
window size became an issue. The home was built in 1966 based on the code at the time. It has small windows
and higher sill heights to better utilize the bedroom space. However, in 1966 windows were used for light and
ventilation. The fire escape was identified as two, the front door and second door, bedroom windows were not
mentioned as an escape option. The owner who built the house in 1966 had the windows replaced in 1999 by a
contractor who made notes on the window job sheet that they called the building department for a permit and
were told no permit was necessary. No permits were required until 2006 to change the windows unless it was a
structural change. Based on the 1988 building code, windows were not considered a structural change. The
building code officials through the years 1961 to 2006 allowed this to continue and grandfathered the window
sizes as long as the overall opening of the window did not change.
This was still in practice a few months ago, if a landlord or contractor called for a permit on a window and asked
about window sizes he would be told, if you replace the window with the same size window it will be correct.
However, this is not how the housing department is enforcing their interruption of the code. They are currently
stating, if new windows were installed during the life of the building it resets the time of construction. This is not
how the IBC code intended the code to be enforced; it actually makes previsions to allow older buildings to exist
because of the burden of making all building become code compliant with each new code.
I have attached some information I used in my appeal to the housing board on July 21 st along with additional
information I wanted to introduce at my second hearing on Aug 18, which was denied. I would encourage you to
view the July 21st hearing; it will put these amendments in perspective. I would also like to invite you to view the
house at 1844 Carter Rd. It is currently empty and I can make arrangements to accommodate your schedules
individually.
I am also available for phone calls and can be reached at my office 563-588-0536 or by cell phone 563-590-0236 if
you have additional questions.
I understand the landlord association is working with the city to get an agreeable compromise that will result in
better and stronger amendments. I would respectfully ask the three reading rule be followed and these
amendments not be passed until the third hearing at city council meeting.
Sincerely
Rob Smith
563-590-0236