Amendment of the Smoke Alarm OrdinanceCopyrighted
March 7, 2022
City of Dubuque Action Items # 5.
City Council Meeting
ITEM TITLE: Amendment of the Smoke Alarm Ordinance
SUMMARY: City Manager recommending City Council approval of an amendment to
the City of Dubuque Code of Ordinances, Title 6 Health, Housing,
Sanitation and Environment, Chapter 9 Fire Prevention Regulations,
Section 6-9-6 Smoke Detection which will clarify that interconnected
smoke alarms are required when minor improvements are made to
properties where residential space is above commercial, thereby
improving the safety of residents.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 6
Health, Housing, Sanitation and Environment, Chapter 9 Fire Prevention
Regulations, Section 6-9-6 Smoke Detection
SUGGESTED Suggested Disposition: Receive and File; Motion B; Motion
DISPOSITION:
ATTACHMENTS:
Description Type
Title 6 Chapter 9 Ordinance Update - Smoke Alarms- City Manager Memo
MVM Memo
Staff Memo - 1st Meeting Staff Memo
Title 6 Chapter 9 Ordinance Update Ordinance
THE CITY
DUOF
B TEE
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Amendment of the Smoke Alarm Ordinance
DATE: March 2, 2022
Dubuque
All -America City
IN
2007.2012.2013
2017*2019
Housing & Community Development Director Alexis Steger is recommending City
Council approval of an amendment to the City of Dubuque Code of Ordinances, Title 6
Health, Housing, Sanitation and Environment, Chapter 9 Fire Prevention Regulations,
Section 6-9-6 Smoke Detection which will clarify that interconnected smoke alarms are
required when minor improvements are made to properties where residential space is
above commercial, thereby improving the safety of residents.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:sv
Attachment
CC' Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Alexis Steger, Housing & Community Development Director
THE C
DUUB-.-*-FE
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Alexis M. Steger, Housing & Community Development Director
SUBJECT: Amendment of the Smoke Alarm Ordinance
DATE: February 28th, 2022
Dubuque
All-AAeria CM
i nt'irxxir
2007.2012.2013
2017*2019
INTRODUCTION:
This memorandum forwards the enclosed amendment to the City of Dubuque Code of
Ordinances, Title 6 Health, Housing, Sanitation and Environment, Chapter 9 Fire
Prevention Regulations, Section 6-9-6 Smoke Detection for City Council's
consideration.
DISCUSSION:
This Smoke Alarm ordinance was originally written shortly after the German Bank fire in
2001. The call came in in the mid -morning during the work week. At the time there was
a restaurant that was using the basement and main floor, the upper two floors contained
apartments. At the time of the fire call there was a young man and his dog sleeping on
the third floor of this building. The young man was awakened by the sirens on the street
below. The fire was so intense by that point that he and his dog were trapped above the
fire. Smoke alarms on all four levels of this building, as the ordinance was intended to
provide, may have given him an early notification allowing him to exit the building well
before the fire reach the magnitude that it had when he was notified.
The wording in the current ordinance includes the word "may" and therefore makes
installation of smoke alarms in a minor renovation not a requirement. As a result, its
purpose has been significantly undermined.
In addition, the original ordinance has several references to "smoke detectors". This is
incorrect terminology. The building and fire codes define smoke alarms and Smoke
detection separately for totally different uses. A smoke detector is a device that is
connected to a fire alarm panel and its sole purpose is to detect smoke. There is no
speaker or horn that will sound within the device. The alarm signal is sent to the fire
alarm panel which then activates the notification devices throughout the building. On the
other hand, a smoke alarm is a self-contained detection device with the capability to
sound an audible alarm when smoke is detected. These are stand-alone units that can
be inter -connected to alert other stand-alone smoke alarms, located in other areas of
the building, but are not connected to a fire alarm system.
This ordinance affects a very small number of properties, and only in specific
circumstances. Most renovations of existing buildings trigger the requirement for either
a sprinkler system and/or a fire alarm system to be installed to meet current codes.
This ordinance will only impact a building which has residential over commercial space,
that is undergoing a minor, Level 1, renovation. A level 1 renovation is defined in the
International Existing Building Code as removal or replacement or the covering of
existing materials, elements, equipment, or fixtures using new materials, elements,
equipment or fixtures that serve the same purpose. Essentially this means cosmetic
changes where walls and ceilings are not being altered and there is no change of
occupancy.
This proposed ordinance was presented and reviewed at the Building Code Advisory
and Appeal board on December 2nd where it was recommended and approved. The
ordinance was also presented and reviewed at the Landlords Association meeting on
February 14cn
REQUESTED ACTION:
Approval of the amendment will clarify that interconnected smoke alarms are required
when minor improvements are made to properties where residential space is above
commercial, thereby improving the safety of the residents.
Prepared by Michael Belmont, Code Official
Enclosure
cc Jeff Zasada, Plans examiner
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 9-22
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH,
HOUSING, SANITATION AND ENVIRONMENT, CHAPTER 9 FIRE PREVENTION
REGULATIONS, SECTION 6-9-6 SMOKE DETECTION
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 6-9-6 of the City of Dubuque Code of Ordinances is amended
to read as follows:
6-9-6: SMOKE ALARMS:
An existing building undergoing renovation of any level as defined in the International
Existing Building Code that contains a Residential occupancy above any other
occupancy, that would not otherwise require a sprinkler system or fire alarm system, shall
be required to install multi -station smoke alarm(s) on each level of the building or structure
in each public or common area and in the basement at locations approved by the Fire
Marshall. The smoke alarms shall be installed according to the manufacturer's
instructions.
Interconnection is required between these smoke alarms. Power by building wiring, or
battery power is acceptable. Interconnection by building wiring or wireless is acceptable.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 7th day of March, 2022.
Attest: ,�j p
/�, &e j
Adrienne N. Breitfelder, City Clerk
EFFECT OF AMENDMENT
6-9-6: SMOKE ALARMS:
An existing building undergoing renovation of any level as defined in the International
Existing Building Code that contains a Residential occupancy above any other
occupancy, that would not otherwise require a sprinkler system or fire alarm system, shall
be required to install multi -station smoke alarm(s) on each level of the building or structure
in each public or common area and in the basement at locations approved by the Fire
Marshall. The smoke alarms shall be installed according to the manufacturer's
instructions.
Interconnection is required between these smoke alarms. Power by building wiring, or
battery power is acceptable. Interconnection by building wiring or wireless is acceptable.
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:
03/11/2022
and for which the charge is 25.32
Subscribed to before me, a Notary Publlc� I and for
Dubuque County, Iowa,
this llth day of March, 2022
Notary Public in and for Dubuque County, Iowa.
=HARVN74d92W
Ad text : OFFICIAL PUBLICATION
ORDINANCE NO. 9-22
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH,
HOUSING, SANITATION AND ENVIRONMENT, CHAPTER 9 FIRE PREVENTION
REGULATIONS, SECTION 6-9-6 SMOKE DETECTION
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. Section 6-9-6 of the City of Dubuque Code of
Ordinances is amended to read as follows:
6-9-6: SMOKE ALARMS:
An existing building undergoing renovation of any level as
defined in the International Existing Building Code that
contains a Residential occupancy above any other occupancy,
that would not otherwise require a sprinkler system or fire
alarm system, shall be required to install multi -station smoke
alarm(s) on each level of the building or structure in each
public or common area and in the basement at locations
approved by the Fire Marshall. The smoke alarms shall be
installed according to the manufacturer's instructions.
Interconnection is required between these smoke alarms.
Power by building wiring, or battery power is acceptable.
Interconnection by building wiring or wireless is acceptable.
Section 2. This ordinance shall take effect upon
publication.
Passed, approved, and adopted this 7th day of March, 2022.
/sBrad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder,
City Clerk
Published officially in the Telegraph Herald newspaper on
the I lth day of March, 2022.
/s/Adrienne N. Breitfelder, City Clerk
It 3/11