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Code of Ordinances Amendments - Title 14 Emergency Escap and Rescue Openings - FINAL READING Copyrighted September 21, 2020 City of Dubuque Action Items # 1. 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. Staff will show a brief video presentation. 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 Receive and File; Final Adoption of Ordinance(s), Video DISPOSITION: PresentationSuggested Disposition: ATTACHMENTS: Description Type Proposed Building Code Amendments for Emergency Escape and Rescue Openings— Final Reading-MVM City Manager Memo Memo Staff Memo-Amended Staff Memo Ordinance Amending Article A- New Ordinance Ordinance Amending Article B - New Ordinance Ordinance Amending Article J - New Ordinance Ordinance Amending Article K - New Ordinance Petition Supporting Documentation Suggested Motion Wording Supporting Documentation Dubuque THE CITY OF � ui-Aseria cih DuB E , . � . , � II � Maste iece on tj2e Mississi i zoo�•zoiz•zois YP pp zoi�*zoi9 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 — Final Reading DATE: September 16, 2020 Housing and Community Development Director Alexis Steger is recommending that the Emergency Escape and Rescue Opening ordinance be adopted on the third reading with some amendments and with a commitment to pursue a financial assistance program for low income residents that might be impacted either as home owners or renters. On August 27, 2020 City Leadership and the Dubuque Area Landlord Association Leadership met at a regularly scheduled meeting. The proposed changes to the ordinances were discussed at length, and it was determined that another meeting with the Dubuque Area Landlords Association Leadership would be held prior to the third reading of the ordinance. On September 9, 2020 an additional meeting was held with the Dubuque Area Landlords Association Leadership and a couple additional landlords that wanted to contribute to the conversation about Emergency Escape and Rescue Opening proposed changes. At this meeting the landlords expressed concern about having a minimum window opening requirement and the solution for a maximum window height. Unfortunately, we were not able to arrive at a compromise satisfactory to the Landlord Association. Modifications to the ordinance are still being recommended. While financial assistance was not discussed at these meetings, staff has developed a recommendation for assistance to be considered by the Community Development Block Grant Advisory Commission. The International Codes adopted by the City Council are extensively tested and approved by industry experts. A 20 x 24-inch opening was tested and approved for a fire fighter in gear to be able to assist in a rescue, as well as providing a proper opening for escape of a layperson as early as 1967 in the Uniform Building Code. Following the September 9, 2020 meeting with landlords, the Building Code Officials perFormed simulations of escape on three different sized windows, two that do not meet the 20 x 24 minimum requirement for an opening and one that does. The simulations were each completed with an average sized 8-year old female, an average sized adult male and a fire fighter in full gear. Footage from these simulations is being provided to City Council on September 21, 2020. The simulations showed that not having a minimum requirement allows very small windows that are unusable in an escape to continue to be replaced as an unusable window; therefore, compromising safety of Dubuque residents. Additionally, the simulations show that only meeting the width or the height minimums causes additional safety issues and hazards. After these simulations and research, the Building Code Officials are not proposing any changes to the minimum opening requirements proposed for Emergency Escape and Rescue Openings (EERO). However, there is a period in the City of Dubuque's recent history that City Building Codes were in direct conflict with each other through interpretations used. Starting with the adoption of the 2016 International Property Maintenance Codes, effective April 11tn 2016, the conflict in codes began. Due to this discrepancy, and landlord input, language in the proposed ordinance was updated to exempt windows properly permitted for replacement between April 11t", 2016 and the effective date of the proposed ordinance change from the minimum measurement requirements. When looking at this year of inspections and window replacements that were required in rental units that didn't meet the required EERO minimums, 12-18 windows were identified through inspection. We expect this number to increase slightly as more inspections per year are completed with a full complement of inspectors; however, the number of windows that don't meet the minimum EERO measurements being proposed throughout the city is unknown. Older homes built in the 1800's to 1940's generally have large window openings and meet the minimum requirements being proposed. The homes built in 1950's through early 1960's appear to have smaller openings, and when windows are replaced with double hung windows, they are not meeting the minimum requirements being proposed. It is anticipated that annually 20-25 windows will need to be replaced in rental units, based on an increase in inspections with a full inspection staff compliment. However; this number will vary each year due to the unknown nature and age of the units selected for inspection each year. The Housing & Community Development Department will be requesting the Community Development Advisory Commission (CDAC) to develop a program to assist with these window replacements through Community Development Block Grant Funding. The program being proposed would help low-moderate income homeowners by covering the full cost of replacement. Landlords would also be able to receive assistance for the 2 purchase of the window if they rent to low-moderate income persons. The average cost of a window is currently $400, with some wood windows being slightly more expensive due to COVID-19 lumber pricing, and vinyl windows are slightly less expensive. Assuming the same number of homeowners will need assistance with window replacements as landlords, the requested amount to allocate for this program is $20,000 to replace approximately 50 windows per year. The CDAC currently has unallocated funds for this program and will consider the staff recommendation for funding this program on October 20, 2020. Additional concerns were raised by landlords about alternative ways to meet the 44-inch windowsill requirement, specifically by building a platform that meets certain specification. Landlords were worried about small bedrooms and needing to place furniture on walls with windows used as Emergency Escape and Rescue Openings. There is always new technology and creative ideas that can be great alternatives to the platform that the current code provides; therefore, staff agrees with the landlords and added language to allow other approved methods/devices to be used in lieu of the platform. I concur with the recommendation and respectfully request Mayor and City Council adoption of the proposed Ordinances to update City Building Code on Emergency Escape and Rescue Openings to create a more cohesive and usable code. � Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Alexis Steger, Housing & Community Development Director Mark Burkle, Fire Marshall 3 Dubuque THE CITY OF � AIFAmerica Cipl DuB E �����.��.�k � � ���'r II Maste iece on the Mississi i Z°°'�Z°1Z'z°13 � pp zoi�*zoi� TO: Michael C. Van Milligen, City Manager FROM: Alexis M. Steger, Housing and Community Development Director DATE: September 15, 2020 RE: Proposed Building Code Amendments for Emergency Escape and Rescue Openings — Final Reading 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. On August 17, 2020 the City Council completed the First Reading of a proposed ordinance change to Building Codes pertaining to Emergency Escape and Rescue Openings. On September 8, 2020 City Council completed the Second Reading of the proposed Ordinance Changes. On September 21, 2020 the City Council will consider the final reading for the adoption of the Ordinance. This memo transmits the information for the final reading. DISCUSSION On August 27, 2020 City Leadership and the Dubuque Area Landlord Association Leadership met at a regularly scheduled meeting. The proposed changes to the ordinances were discussed at length, and it was determined that another meeting with the Dubuque Area Landlords Association Leadership would be held prior to the third reading of the ordinance. On September 9, 2020 an additional meeting was held with the Dubuque Area Landlords Association Leadership and a couple additional landlords that wanted to contribute to the conversation about Emergency Escape and Rescue Opening proposed changes. 1 At this meeting the landlords expressed concern about having a minimum window opening requirement. An alternative option presented was the use of a secondary exit in the house. Tom Smith expressed that this secondary exit in a house used to be a State approved secondary means of egress. This option is not being presented to City Council. The option of running through fire to an exit that might have a few less feet of flame, can cause severe/debilitating injury or death. The cost to replace a window to be used as an Emergency Escape and Rescue Opening is not so great as to sacrifice a residents' life in the event of a fire. The International Codes adopted by the City Council are extensively tested and approved by industry experts. A 20 x 24-inch opening was tested and approved for a fire fighter in gear to be able to assist in a rescue, as well as providing a proper opening for escape of a layperson as early as 1967 in the Uniform Building Code. Following the September 9, 2020 meeting with landlords, the Building Code Officials performed simulations of escape on three different sized windows, two that do not meet the 20 x 24 minimum requirement for an opening and one that does. The simulations were each completed with an average sized 8-year old female, an average sized adult male and a fire fighter in full gear. Footage from these simulations is being provided to City Council on September 21, 2020. The simulations showed that not having a minimum requirement allows very small windows that are unusable in an escape to continue to be replaced as an unusable window; therefore, compromising safety of Dubuque residents. Additionally, the simulations show that only meeting the width or the height minimums causes additional safety issues and hazards. After these simulations and research, the Building Code Officials are not proposing any changes to the minimum opening requirements proposed for Emergency Escape and Rescue Openings (EERO). However, there is a period in the City of Dubuque's recent history that City Building Codes were in direct conflict with each other through interpretations used. Starting with the adoption of the 2016 International Property Maintenance Codes, effective April 11t", 2016, the conflict in codes began. Due to this discrepancy, and landlord input, language in the proposed ordinance was updated to exempt windows properly permitted for replacement between April 11 t", 2016 and the effective date of the proposed ordinance change from the minimum measurement requirements. When looking at this year of inspections and window replacements that were required in rental units that didn't meet the required EERO minimums, 12-18 windows were identified through inspection. We expect this number to increase 2 slightly as more inspections per year are completed with a full complement of inspectors; however, the number of windows that don't meet the minimum EERO measurements being proposed throughout the city is unknown. Older homes built in the 1800's to 1940's generally have large window openings and meet the minimum requirements being proposed. The homes built in 1950's through early 1960's appear to have smaller openings, and when windows are replaced with double hung windows, they are not meeting the minimum requirements being proposed. It is anticipated that annually 20-25 windows will need to be replaced in rental units, based on an increase in inspections with a full inspection staff compliment. However; this number will vary each year due to the unknown nature and age of the units selected for inspection each year. The Housing & Community Development Department will be requesting the Community Development Advisory Commission (CDAC) to develop a program to assist with these window replacements through Community Development Block Grant Funding. The program being proposed would help low-moderate income homeowners by covering the full cost of replacement. Landlords would also be able to receive assistance for the purchase of the window if they rent to low-moderate income persons. The average cost of a window is currently $400, with some wood windows being slightly more expensive due to COVID-19 lumber pricing, and vinyl windows are slightly less expensive. Assuming the same number of homeowners will need assistance with window replacements as landlords, the requested amount to allocate for this program is $20,000 to replace approximately 50 windows per year. The CDAC currently has unallocated funds for this program and will consider the staff recommendation for funding this program on October 20, 2020. Additional concerns were raised by landlords about alternative ways to meet the 44- inch windowsill requirement, specifically by building a platform that meets certain specification. Landlords were worried about small bedrooms and needing to place furniture on walls with windows used as Emergency Escape and Rescue Openings. There is always new technology and creative ideas that can be great alternatives to the platform that the current code provides; therefore, staff agrees with the landlords and added language to allow other approved methods/devices to be used in lieu of the platform. RECOMMENDATION I respectfully request City Council adopt the proposed Ordinances to update City Building Code on Emergency Escape and Rescue Openings to create a more cohesive and usable code. 3 cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager/Acting Building Services Manager Mark Burkle, Fire Marshall 4 ORDINANCE NO. 33-20 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 21st day of September 2020. Roy D. Buol, Mayor Attest: 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, or another approved method/platform. b. The emergency escape or rescue window shall comply with section 1030.2. ORDINANCE NO. 34-20 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 21st day of September 2020. 9 Attest: Kevin,S. Firnstah City Clerk Roy D. Buol, Mayor 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, or another approved method/platform. 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. ORDINANCE NO. 35-20 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 14-1J-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 14-1J-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 21st day of September 2020. Roy D. Buol, Mayor Attest: All 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. 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. Exception: Window replacements permitted between April 11, 2016 and the effective date of this ordinance that serve as the required emergency escape and rescue opening will be allowed to remain as long as they meet the following requirements: a. Window was permitted as required by the City of Dubuque b. Window was approved as code compliant as documented by the City of Dubuque. 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, or another approved method/platform. 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.. . . . ORDINANCE NO. 36-20 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 21st day of September 2020. Roy D. Buol, Mayor Attest: Ken 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. Exception: Window replacements permitted between April 11, 2016 and the effective date of this ordinance that serve as the required emergency escape and rescue opening will be allowed to remain as long as they meet the following requirements: a. Window was permitted as required by the City of Dubuque b. Window was approved as code compliant as documented by the City of Dubuque. 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, or another approved method/platform. 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. Data Signature Printed Name; MoirpiQ.yl�f Address iqi ,J�Cla� Go to www.AtYourBusiness.com for more free business forms Comment IP 1(� Signature: Rri`nteil Name omrn L.4 /Z2acke_A L2BC Go to www.AtYourBusiness.com for more free business forms Date Signature rintedName Go to www.AtYourBusiness.com for more free business forms 3/ 32 3) 3 L/ 37 3i 414 4/2 y3 La, Date Signature rmted Name 7- 620 ;m2 9.Zd h 4e 4 i3• 41.3 jl1Mi< Lyres f, c 4 GuAdpco /a/L,/.. , Le Soi9A1v e a. Gy 1 / 35 Cint it t,) _7_7ye-Sj/CAL Go to www.AtYourBusiness.com for more free business forms AR p�blCw y7 4 S(U 502 Date 0 ca 12 ear Signature tinted Name v Go to www.AtYourBusiness.com for more free business forms Kevin Firnstahl From:jfmaro125@gmail.com Sent:Monday, September 21, 2020 8:12 AM To:CtyClerk To The Honorable Mayor and city council; Subject. Third reading of window ordinance Good morning all, I spent yesterday afternoon driving around the city looking at windows to see for myself the issue facing both landlords and homeowners regarding this change in the ordinance. This change is going to effect many hundreds of windows, not a dozen or two. The wording of these changes is so very important. Here is why. A window that is 20 X 24 is not 4.0 square ft. So when it comes to enforcement, which will be used. 20 X 24 glass or 4.0 square ft. or both. Sill heights goes from 48” down to 44” which will make some windows not complying. The “grandfather clause” has been removed but needs to be part of this ordinance. Just to give you a few examples of what I found. Penn place apartments, mainly the west side buildings, the ground level units do not meet the 20 x 24. The height is not 20 inches, they are double hung windows and look like they have been updated over the years. Three or four buildings with four to six apartments each that will not meet those requirements. The corner of Kane and Carter, same thing, lower level does not qualify. The senior complex in Asbury, all first floor windows do not meet these standards should Asbury ever copy Dubuque’s ordinance and this is housing for seniors. Many more units, both rental and owner occupied are in the west end around Pennsylvania and that area. I have spent a lot of donated time on this issue. These changes do not effect me as all my properties have larger windows because they are older. I’m doing this for the benefit of our membership and especially new landlords just getting into the business. I would invite each of you to check out these properties and more if you have time today and before your vote tonight. I would ask that you think about escape, could a child get out of a 16’ high window. Of course they could but could they push out the screen that is required. Maybe. Could a fireman get in a double hung window that only is 16”, probably not but one swing with the axe and both top and bottom would be broke out. Other cities , to my knowledge, are not pursuing this issue so why Dubuque. If the change was any new construction going forward I am 100% for it but to change window sizes in brick buildings that met code at the time is a real hardship on everyone. Thank you. Jerry Maro President Dubuque Landlord Association Click here to report this email as spam. 1 September 21, 2020 Honorable Mayor and City Council: I am writing to express my concerns regarding the proposed amendments to the emergency escape and rescue openings section of the IPMC. I believe the City is underestimating how many homes and multi-unit buildings in the City that will be affected by this change. Not only 1950 and 196e0 era but 1970 era buildings and homes will be affected. The area from Pennsylvania to Sunset Park Circle and from Cantor Road to the western border of N.W. Arterial has many buildings and homes with windows that will not comply with the proposed standard. Some of the larger complexes like Butterfield Apts, Penn Apts., Penn Place, Kennedy Manor, Woodland Arms, and the apartments on the corner of hillcrest and Keyway may be affected. Many of these buildings were built with egress by two exits not by egress windows. There are also pockets of single-family houses throughout the City built in the era that will be affected. An example of this is the Oak Crest Drive Area. Infill housing throughout the City such as the multi-unit buildings on Rose and Co Streets could be affected. I researched Iowa Cities and Des Moines and Ames use our current standard. I could not find information on Iowa City, Waterloo, or Cedar Rapids. I am requesting you table this for one month to continue researching better solutions than the one proposed. During this one month the City projects to find 1-1 ½ windows in violation. This seems like a very low risk to public safety to get this right. Finally, Section \[F\] 702.4 of the IPMC (emergency escape openings) states “This section takes into account that many changes have occurred over the years in the many editions of the Construction Codes. The provisions for emergency escape and rescue openings are only subject to the code that is in affect at the time of construction, rather than expecting all structures to retro actively meet the requirements of each new code.” This is how the IMPC was intended to be enforced as written by its experts. Thank you for your Consideration Thomas Smith Clarke Crest Drive Dubuque, IA 52001 Kevin Firnstahl From:Mike Van Milligen Sent:Monday, September 21, 2020 7:20 PM To:Kevin Firnstahl Cc:City Council; Jerry Maro (jfmaro125@gmail.com); Tom Smith (tsmithoncc@gmail.com); Crenna Brumwell; Alexis Steger; Rick Steines; Cori Burbach Subject:FW: CITY CLERK - Alexis Steger response to Jerry Maro and Tom Smith letters on Emergency Escape & Rescue Openings Ordinance Importance:High From: Alexis Steger <Asteger@cityofdubuque.org> Sent: Monday, September 21, 2020 7:14 PM To: Kevin Firnstahl <Kfirnsta@cityofdubuque.org>; Mike Van Milligen <ctymgr@cityofdubuque.org>; Cori Burbach <Cburbach@cityofdubuque.org>; Rick Steines <Rsteines@cityofdubuque.org> Subject: RE: CITY CLERK - Letter to be sent to Mayor and Council From Tom Smith I have reviewed the information provided by Thomas Smith and Jerry Maro, and believe it is important to address their concerns. It is important to note that an Emergency Escape & Rescue Openings (EERO) are only required in sleeping rooms, and only one is required. If two windows exist in a bedroom, only one window needs to meet EERO requirements. Therefore, when reviewing buildings from the exterior you often need to observe the windows towards the back of a property, and you must also “guess” which might be used as a bedroom. However, if you are familiar with EEROs, you will see that bedroom windows are often larger in the properties that are being mentioned. Specifically, in review of the properties mentioned as not meeting minimum EERO requirements: Penn Place replaced slider style windows in approximately 4 of their buildings with double-hung style windows. The slider style windows met the minimum code requirements, the replacement double-hung windows do not. It is likely that these windows were replaced in 1994, when clear guidelines for a 20x24 minimum EERO dimensions were part of the code. Therefore, under current code or the proposed code, those windows will need to be replaced with ones that meet the code. The “lower level” buildings where windows were not replaced, and are still slider style windows, meet the minimum requirements. 2990 Kane - Appear to have been replaced. They would have not been brought up to code when replaced and looks likely the opening was reduced upon replacement Owen Court/Kennedy Manor – All slider style windows that meet minimum 20 x 24 EERO Requirements Woodlawn – Without an exact tape measure, we cannot say these meet minimum, however they are large double-hung style windows that appear to meet 20 x 24 in what appear to be bedroom windows. Key Apt (Butterfield) – All slider style windows that meet 20 x 24 EERO minimum measurements. There is one window in all the complexes that was replaced with double-hung style windows that was not permitted and is unlikely to meet EERO code requirements. Unknown if this is a bedroom. 1 Key Apt (Penn) – All slider-style and casement style windows that meet 20 x 24 minimum EERO requirements Hillcrest and Keyway (all the way up to foothill) – slider and casement style windows meeting minimum EERO requirements We know there will be replacements needed, but it is not “extensive” in our larger apartment complexes as portrayed in these letters. Those that need replacement, will have the window replacement assistance program if they are low- moderate income or if they serve a low-moderate income population. Penn Place is an exception that met code, and then replaced the windows in 1994 (estimate based on other permitted work) NOT to code. This complex houses many minorities and vulnerable populations. We should not forego passing this ordinance because this complex doesn’t currently meet code. If anything, it is a good example of a complex that needs to be fixed to protect our must vulnerable residents. In regards to other cities and what they have adopted: From Iowa City Code section 17-5-17 F(1f): Escape and rescue window(s) must be supplied for each sleeping room. Such window(s) shall comply with the building code specifications. We asked the Building Code Official to clarify how this is enforced, and this is “current building code” that needs to be met for these. This is more stringent then what we are proposing, so the Building Code Official was willing to join the call to speak to the importance of this code. We did not ask him to join the Council meeting. Des Moines code includes language with the 20” x 24” 5.7 sq/ft requirement for emergency escape and rescue openings. Exits can be maintained in proper working order under previous codes. Similarly, several other jurisdictions in Iowa have adopted the current IPMC language and would reference the building code at time of construction, thereby adopting the 20”x24” minimum since as was pointed out, that has commonly been in code as the minimum opening size since the late 1960’s through 2015, with more recent code language causing some conflict that we are attempting to address with this amendment. It is very difficult to ascertain what Building Code was in effect at the time of a replacement of a window. This is due to not knowing when the window was replaced and the tracking of building code through ordinances. These ordinances can be hand written or on microfiche that does not create searchable documents. Referring to a “building code in effect at the time of construction” is not possible for Dubuque and should not remain in the code. We are looking for safe minimums, and we will present the reason for 20 x 24 and 4.0 square feet being used as a minimum at the City Council meeting tonight. Thank you, Alexis M. Steger, CPA Housing & Community Development Director City of Dubuque, Iowa 563.589.4230 From: Kevin Firnstahl Sent: Monday, September 21, 2020 2:21 PM To: City Council <citycouncil@cityofdubuque.org> 2 Cc: Alexis Steger <Asteger@cityofdubuque.org> Subject: CITY CLERK - Letter to be sent to Mayor and Council From Tom Smith Tom Smith, a former member of the Housing Board of Appeals, has asked me to forward the attached letter for tonight’s meeting. Thank you. Kevin S. Firnstahl, City Clerk th 50 W. 13 Street Dubuque, IA 52001 kfirnsta@cityofdubuque.org 563-589-4100 563-589-4121 From: Tom Smith <tsmithoncc@gmail.com> Sent: Monday, September 21, 2020 2:11 PM To: Kevin Firnstahl <Kfirnsta@cityofdubuque.org> Subject: Fwd: Letter to be sent to Mayor and Council ---------- Forwarded message --------- From: Carol Smith <carol54smith@gmail.com> Date: Mon, Sep 21, 2020 at 8:53 AM Subject: Letter to be sent to Mayor and Council To: <kfirnstahl@cityofdubuque.org>, Tom Smith <tsmithoncc@gmail.com> Good morning Kevin: Please forward the attached letter to the Mayor and Council before their meeting. If you have any questions, please let me know. I can be reached at 563-543-6380. Thank you! Tom Smith Virus-free. www.avg.com Click here to report this email as spam. 3 STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 09/25/2020 and for which the charge is 37.28 -41/1 pt-1 Subscribed to Before me, a Notary Pudic in and for Dubuque County, Iowa, this 25th day of September, 2020 4< Nota --1 blic in and for Dubuque bounty, Iowa. h 4: of JANET K. PAPE Cq��mmisslan Number 199659 . w• 'My E.xN, i I, 20221 Ad text : OFFICIAL PUBLICATION ORDINANCE NO. 33-20 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 manufacturers 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, or another approved method/platform. 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 21st day of September 2020. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 25th day of September 2020. /s/Kevin S. Firnstahl, City Clerk It 9/25 STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 09/25/2020 and for which the charge is 40.54 Subscribed td efore me, a Notary Public in and for Dubuque County, Iowa, this 25th day of September, 2020 K P. . Notary laic in and for Dubuque C JANET K. PAPE Commission Number 19.9859 lily Comm. Exp. DEC 11, 2022 unty, Iowa. Ad text : OFFICIAL PUBLICATION ORDINANCE NO. 35-20 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 INTERN-ATIONAL PROPERTY MAINTENANCE CODE AMENDMENTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1J-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 amend-ments of the international property maintenance code, 2018 edition, adopted in section 14-1J-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. Exception: Window replacements permitted between April 11, 2016 and the effective date of this ordinance that serve as the required emergency escape and rescue opening will be allowed to remain as long as they meet the following requirements: a. "Window was permitted as required by the City of Dubuque b. "Window was approved as code compliant as documented by the City of Dubuque. 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, or another approved method/platform. 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 21st day of September 2020. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 25th day of September 2020. /s/Kevin S. Firnstahl, City Clerk It 9/25 STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 09/25/2020 and for which the charge is 69.43 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 25th day of September, 2020 Notary blic in and for Dubuque County, Iowa. AnommIsiMINIMIIMMISO JANET K. PAPE Commiaslon Number 19.9059 May Comm. Exp. DEC 11, 2022 Ad text : OFFICIAL PUBLICATION ORDINANCE NO. 36-20 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 14-1K-2 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-1K-2: INTERNATIONAL EXISITING BUILDING CODE AMENDMENTS: The following additions, deletions, modifications, or amend-ments of the international existing building code, 2018 edition, adopted in section 14-1K-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 manufacturers 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. Exception: Window replacements permitted between April 11, 2016 and the effective date of this ordinance that serve as the required emergency escape and rescue opening will be allowed to remain as long as they meet the following requirements: a. "Window was permitted as required by the City of Dubuque b. "Window was approved as code compliant as documented by the City of Dubuque. 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, or another approved method/platform. 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 windowis 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 21 st day of September 2020. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 25th day of September 2020. /s/Kevin S. Firnstahl, City Clerk It 9/25