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Adoption of the 2021 International I-CodesCity of Dubuque City Council Meeting Action Items # 04. Copyrighted May 15, 2023 ITEM TITLE: Adoption of the 2021 International I -Codes SUMMARY: City Manager recommending City Council review and adopt the proposed amendments to the City of Dubuque Code of Ordinances, Title 14 Building and Development, Chapter 1 Building Codes, 2021 International I -Codes. ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article A Building Code and Regulations ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article B Residential Code ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article E Fire Code and Regulations ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article F Mechanical Code ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article J Property Maintenance Code ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article K International Existing Building Code SUGGESTED Suggested Disposition: Receive and File; Motion B; Motion DISPOSITION: ATTACHMENTS: Description Type MVM Memo City Manager Memo Title 14 Ordinance Update - 2021 I -Codes Adoption Staff Memo 14-1A Building Code (IBC) Ordinance 14-1 B Residential Code Ordinance 14-1 E Fire Code Ordinance 14-1 F Mechanical Code Ordinance 14-1J Property Maintenance Ordinance 14-1K Existing Building Code (IEBC) Ordinance THE C DUjIBQTE Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Adoption of the 2021 International I -Codes DATE: May 11, 2023 Dubuque WAWca 914 ii 2007-2012.2013 2017*2019 Assistant Housing Director Michael Belmont is recommending City Council review and adopt the proposed amendments to the City of Dubuque Code of Ordinances, Title 14 Building and Development, Chapter 1 Building Codes, 2021 International I -Codes. 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 Jason Lehman, Assistant City Attorney Wally Wernimont, Planning Services Manager Gus Psihoyos, City Engineer Amy Scheller, Fire Chief Mary Rose Corrigan, Public Health Specialist Alexis Steger, Housing and Community Development Director Michael Belmont, Assistant Housing Director Dubuque THE CITY OF alerica Al-Acity DuB FE ; i , I11. 2007.2012.2013 Masterpiece on the Mississippi 2017*2019 TO: Michael C. Van Milligen, City Manager FROM: Michael Belmont, Assistant Housing Director SUBJECT: Adoption of the 2021 International I -Codes DATE: May 11 t", 2023 Introduction This memorandum forwards the enclosed amendments to the City of Dubuque Code of Ordinances, Title 14 Building and Development, Chapter 1 Building Codes for City Council's consideration. Background The International code council I -Codes are model codes which serve as the standard by which new construction and renovations are undertaken. This family of codes reflect modern construction best practices and serve as an essential tool to preserve public health and safety, provide safeguards from hazards associated with the built environment, and improve the performance and efficiency of buildings and structures. The I -Codes establish minimum requirements for building systems using prescriptive and performance -based provisions. The codes are kept up to date through an ongoing review process involving code enforcement officials, industry professionals, design professionals and other interested parties. Proposed changes are carefully considered through an open code development process in which all interested stakeholders may participate. The 2021 editions contain changes approved by the ICC Code Development Process through 2020. A new edition of each code is created every 3 years. The City of Dubuque, as well as many other local agencies, review the proposed codes and amendments and typically adopt versions of the codes the following year. Adoption of the 2021 I -Codes was delayed initially by covid and then by proposed state legislation which, had it passed, would have required all local jurisdictions to adopt an outdated state building code. Discussion The proposed amendments update current City of Dubuque Code of Ordinances provisions. The proposed amendments will adopt the following 2021 model codes in place of the current 2018 editions: 1. 2021 International Building Code (IBC) 2. 2021 International Residential Code (IRC) 3. 2021 International Mechanical Code (IMC) 4. 2021 International Property Maintenance Code (IPMC) 5. 2021 International Existing Building Code (IEBC) Over the past year, Inspection and construction services staff, along with stakeholders in various other departments, performed an in-depth review of updated codes. Part of that review was to examine existing local amendments for necessity and clarity. In cases where unamended language had the same effect as the amendment, we are recommending deleting prior amendments. Where amendments were unclear, we are proposing revisions to provide clarification. Public Input. After staff review of the codes was completed, the proposed amendments were brought to the Building Code Advisory and Appeal board for review and input. The Building Code Advisory and Appeal Board is a seven -member board tasked with reviewing proposed code adoptions for recommendation to the City Council and to serve as an appeal body for decisions of the code official. Each member is qualified by experience and/or training in matters related to building construction. On March 15, 2023, the agenda was posted for the Building Code Advisory and Appeal Board meeting. On March 21 st, a reminder email was sent to our contractor email list to remind them of the meeting and inviting attendance and input. The Building Code Advisory and Appeal board held a public meeting on March 22nd 2023. There were no contractors present for the meeting, and no public input was submitted. At the meeting the Building Code Advisory and Appeal Board recommended approval of the 2021 codes with their proposed amendments: In addition to the BCAAB review and recommendation, a contractor reception was held at the grand river center on April 13t", where contractors were provided with the proposed amendments and invited to provide input. Additionally, proposed amendments are posted to the website for review and comment. We have received no comment on proposed adoption of the 2021 codes or the proposed amendments to them. Requested Action The Building Code Advisory and Appeals Board has reviewed the respective codes and recommend approval as submitted. I respectfully request City Council review and adopt the proposed amendments to the City of Dubuque Code of Ordinances, Title 14 Building and Development, Chapter 1 Building Codes. cc Crenna Brumwell, City Attorney Jason Lehman, Assistant City Attorney Wally Wernimont, Planning Services Manager Gus Psihoyos, City Engineer Amy Scheller, Fire Chief Mary Rose Corrigan, Public Health Specialist Alexis Steger, Housing and Community Development Director F:\Users\ICS\Shared\Codes and Ordinances\2021 I-Codes\City Manager 2021 I -Code Adoption Memo 05_11_23.docx Prepared by: Jason Lehman, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 21-23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE A BUILDING CODE AND REGULATIONS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1A-1 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1A-1: INTERNATIONAL BUILDING CODE ADOPTED: Except as hereinafter added to, deleted, modified, or amended, there is hereby adopted by reference as the building code of the City that certain building code known as the International Building Code, 2021 edition, and as published by the International Code Council, and the provisions of such building code shall be controlling in the construction of buildings and other structures and in all matters covered by such building code within the corporate limits of the City and shall be known as the "Dubuque Building Code". A copy of the International Building Code, 2021 edition, as adopted, shall be on file in the Office of the City Clerk for public inspection. Section 2. Section 14-1A-2 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1A-2: INTERNATIONAL BUILDING CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the International Building Code, 2021 edition, adopted in section 14-1A-1 of this article to read as follows: Section 101.1. Title. Amended to read: These regulations shall be known as the Dubuque Building Code, hereinafter referred to as "this code". Section 103.1. Creation of enforcement agency. Amended to read: 103.1 Creation of enforcement agency. The Inspection & Construction Services Division is hereby created and the official in charge thereof shall be known as the Building Official. The function of this agency shall be the implementation, administration, and enforcement of the provisions of this code. Section 105.5. Expiration. Amended to read: 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is completed within one year after its issuance. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods of not more than one hundred eighty (180) days each. Each extension shall be requested in writing and justifiable case demonstrated. Sections 113.1 through 113.3 replaced with City of Dubuque Code of Ordinances section 14-1 A-6, Section 114. Violations, Amended to read: 114.1 Unlawful Acts. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. The doing of any act, or the omission of any act, declared to be unlawful by this code, or any code or ordinance herein adopted by reference, shall be deemed a separate offense for each day or portion thereof during which any such unlawful act is committed, continued, or permitted and upon conviction, shall be punishable as provided in title 1 of the City Code of Ordinances. The penalty herein provided shall be cumulative with and in addition to the revocation, cancellation, or forfeiture of any license or permit elsewhere in this code provided for violation thereof. A notice of violation is not required in every situation and City staff may issue a municipal infraction without previously issuing a notice of violation. Section 116. Unsafe Structures And Equipment. Amended to read: 116 Unsafe Structures And Equipment. All buildings or structures regulated by this code which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life are, for the purpose of this Section, unsafe. Any use of buildings or structures constituting a hazard to safety, health, or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage, or abandonment is, for the purposes of this Section, an unsafe use. Any parapet wall, cornice, spire, tower, tank, statuary, or other appendage or structural member which is supported by, attached to, or a part of a building and which is in deteriorated condition or otherwise unable to sustain the design loads which are specified in this code is, for the purposes of this Section, hereby designated as an unsafe building appendage. All such unsafe buildings, structures, or appendages are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures set forth in title 14, chapter 3 of the Code of Ordinances, Section 202. Definitions. Amendment to "building official" and inclusion of "code official": Building Official. See "Code Official". Code Official. The officer or other designated authority charged with the administration and enforcement of this code or a duly authorized representative thereof. Any reference to "Building Official" in this code shall have the same meaning as "Code Official". Section 903.3.1.1.1. Exempt Locations. Amended to read: 903.3.1.1.1 Exempt Locations. Automatic sprinklers shall not be required in the following rooms or areas where such rooms or areas are protected with an approved automatic fire detection system, in accordance with Section 907.2 of this code, that will respond to visible or invisible particles of combustion. Sprinklers shall not be omitted from a room or area merely because the room or area is damp, of fire -resistance -rated construction, or contains electrical equipment. 1. A room or area where the application of water, or flame and water, constitutes a serious life or fire hazard. 2. A room or area where sprinklers are considered undesirable because of the nature of the contents, where approved by the fire code official. 3. Generator and transformer rooms separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire -resistance rating of not less than 2 hours. 4. Rooms or areas that are of noncombustible construction with wholly noncombustible contents. 5. Fire service access elevator machine rooms and machinery spaces. 6. Machine rooms, machinery spaces, control rooms and control spaces associated with occupant evacuation elevators designed in accordance with Section 3008. Section 1031.3.2 Minimum dimensions. Amended to read: 1031.3.2 Minimum dimensions. The minimum net clear opening height dimension shall be 24 inches (610 mm). The minimum net clear opening width dimension shall be 20 inches (508 mm). The net clear opening dimensions shall be the result of normal operation of the opening. Exception: Replacement windows 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, provided that 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 and shall have a minimum net clear opening width of 20 inches (508 mm), a minimum net clear opening height of 22 inches (559 mm), and a minimum net clear opening of 4.0 square feet (0.372 square meters). 2. The replacement window is not park of a change of occupancy or use. Section 1031.3.3. Maximum height from floor. Amended to read: 1031.3.3 Maximum height from floor. Emergency escape and rescue openings shall have the bottom of the clear opening not greater than 44 inches (1118 mm) as measured from the floor. Exception: The bottom of the clear opening 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 bottom of the clear opening shall not exceed 36 inches (914 mm). The platform shall extend outward from the wall a minimum of 18 inches (457 mm) and shall be a minimum of 36 inches (914 mm) wide or as wide as the clear openable width of the window, whichever is greater, or another approved method/platform. b. The emergency escape or rescue window shall comply with section 1031.3.2. Section 3. This ordinance shall take effect upon publication. Passed, approved, and adopted this 15�h day of May, 2023. Sell, L Mayor Attest: �Zc A2 Adrienne N. Breitfelder, City Clerk EFFECT OF AMENDMENT 14-1A-1: INTERNATIONAL BUILDING CODE ADOPTED: Except as hereinafter added to, deleted, modified, or amended, there is hereby adopted by reference as the building code of the City that certain building code known as the International Building Code, 2021 edition, and as published by the International Code Council, and the provisions of such building code shall be controlling in the construction of buildings and other structures and in all matters covered by such building code within the corporate limits of the City and shall be known as the "Dubuque Building Code". A copy of the International Building Code, 2021 edition, as adopted, shall be on file in the Office of the City Clerk for public inspection. 14-1A-2: INTERNATIONAL BUILDING CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the International Building Code, 2021 edition, adopted in section 14-1A-1 of this article to read as follows: Section 101.1. Title. Amended to read: These regulations shall be known as the Dubuque Building Code, hereinafter referred to as "this code". Section 103.1. Creation of enforcement agency. Amended to read: 103.1 Creation of enforcement agency. The Inspection & Construction Services Division is hereby created and the official in charge thereof shall be known as the Building Official. The function of this agency shall be the implementation, administration, and enforcement of the provisions of this code. Section 105.5. Expiration. Amended to read: 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is completed within one year after its issuance. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods of not more than one hundred eighty (180) days each. Each extension shall be requested in writing and justifiable case demonstrated. Sections 113.1 through 113.3 replaced with City of Dubuque Code of Ordinances section 14-1 A-6. Section 114. Violations. Amended to read: 114.1 Unlawful Acts. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. The doing of any act, or the omission of any act, declared to be unlawful by this code, or any code or ordinance herein adopted by reference, shall be deemed a separate offense for each day or portion thereof during which any such unlawful act is committed, continued, or permitted and upon conviction, shall be punishable as provided in title 1 of the City Code of Ordinances. The penalty herein provided shall be cumulative with and in addition to the revocation, cancellation, or forfeiture of any license or permit elsewhere in this code provided for violation thereof. A notice of violation is not required in every situation and City staff may issue a municipal infraction without previously issuing a notice of violation. Section 116. Unsafe Structures And Equipment. Amended to read: 116 Unsafe Structures And Equipment. All buildings or structures regulated by this code which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life are, for the purpose of this Section, unsafe. Any use of buildings or structures constituting a hazard to safety, health, or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage, or abandonment is, for the purposes of this Section, an unsafe use. Any parapet wall, cornice, spire, tower, tank, statuary, or other appendage or structural member which is supported by, attached to, or a part of a building and which is in deteriorated condition or otherwise unable to sustain the design loads which are specified in this code is, for the purposes of this Section, hereby designated as an unsafe building appendage. All such unsafe buildings, structures, or appendages are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures set forth in title 14, chapter 3 of the Code of Ordinances. Section 202. Definitions. Amendment to "building official" and inclusion of "code official": Building Official. See "Code Official". Code Official. The officer or other designated authority charged with the administration and enforcement of this code or a duly authorized representative thereof. Any reference to "Building Official" in this code shall have the same meaning as "Code Official". Section 903.3.1.1.1. Exempt Locations. Amended to read: 903.3.1.1.1 Exempt Locations. Automatic sprinklers shall not be required in the following rooms or areas where such rooms or areas are protected with an approved automatic fire detection system, in accordance with Section 907.2 of this code, that will respond to visible or invisible particles of combustion. Sprinklers shall not be omitted from a room or area merely because the room or area is damp, of fire -resistance -rated construction, or contains electrical equipment. 1. A room or area where the application of water, or flame and water, constitutes a serious life or fire hazard. 2. A room or area where sprinklers are considered undesirable because of the nature of the contents, where approved by the fire code official. 3. Generator and transformer rooms separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire -resistance rating of not less than 2 hours. 4. Rooms or areas that are of noncombustible construction with wholly noncombustible contents. 5. Fire service access elevator machine rooms and machinery spaces. 6. Machine rooms, machinery spaces, control rooms and control spaces associated with occupant evacuation elevators designed in accordance with Section 3008. Section 1031.3.2 Minimum dimensions. Amended to read: 1031.3.2 Minimum dimensions. The minimum net clear opening height dimension shall be 24 inches (610 mm). The minimum net clear opening width dimension shall be 20 inches (508 mm). The net clear opening dimensions shall be the result of normal operation of the opening. Exception: Replacement windows 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, provided that 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 and shall have a minimum net clear opening width of 20 inches (508 mm), a minimum net clear opening height of 22 inches (559 mm), and a minimum net clear opening of 4.0 square feet (0.372 square meters). 2. The replacement window is not part of a change of occupancy or use. Section 1031.3.3. Maximum height from floor. Amended to read: 1031.3.3 Maximum height from floor. Emergency escape and rescue openings shall have the bottom of the clear opening not greater than 44 inches (1118 mm) as measured from the floor. Exception: The bottom of the clear opening 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 bottom of the clear opening shall not exceed 36 inches (914 mm). The platform shall extend outward from the wall a minimum of 18 inches (457 mm) and shall be a minimum of 36 inches (914 mm) wide or as wide as the clear openable width of the window, whichever is greater, or another approved method/platform. b. The emergency escape or rescue window shall comply with section 1031.3.2. Prepared by: Jason Lehman, Esq. 300 Main Street Suite 330 Dubuque !A 52001 563 589-4381 ORDINANCE NO. 22-23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE B RESIDENTIAL CODE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1 B-1 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1 B-1: INTERNATIONAL RESIDENTIAL CODE ADOPTED: Except as hereinafter added to, deleted, modified, or amended, there is hereby adopted by reference as the residential building code of the City that certain building code known as the International Residential Code, 2021 edition, and as published by the International Code Council, and the provisions of such building code shall be controlling in the construction, remodeling, maintenance, repair, and reconstruction of one- and two-family residential buildings and in all matters covered by such building code within the corporate limits of the City and shall be known as the "Dubuque Residential Building Code". A copy of the International Residential Code, 2021 edition, as adopted, shall be on file in the Office of the City Clerk for public inspection. Section 2. Section 14-1 B-2 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1B-2: INTERNATIONAL RESIDENTIAL CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the International Residential Code, 2021 edition, adopted in section 14-1 B-1 of this article to read as follows: Section R101.1 Title. Amended to read: R101.1 Title. These provisions shall Building Code of the City of Dubuque, referred to herein as "this code." e known as the Dubuque Residential and shall be cited as such and will be Section R103.1 Creation Of Enforcement Agency. Amended to read: R103.1. Creation Of Enforcement Agency. There is hereby established in the city the Inspection & Construction Services Division, which shall be under the jurisdiction of the code official. Section R105.5 Expiration. Amended to read: R105.5. Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is completed within one year after its issuance. The code official is authorized to grant, in writing, one or more extensions of time, for periods not to exceed 180 days for each such approved extension. The extensions shall be requested in writing and justifiable cause demonstrated. Section R112.1 through R112.4 replaced with City of Dubuque Code of Ordinances section 14-1 A-6. Section R113 Violations. Amended to read: R113. Violations. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any building or structure or cause or permit the same to be done in violation of this code. The doing of any act, or the omission of any act, declared to be unlawful by this code, or any code or ordinance herein adopted by reference shall be deemed a separate offense for each and every day or portion thereof during which any such unlawful act is committed, continued, or permitted to continue and upon conviction shall be punishable as provided in title 1 of the City Code of Ordinances. The penalty herein provided shall be cumulative with and in addition to the revocation, cancellation, or forfeiture of any license or permit elsewhere in this code provided for violation thereof. A notice of violation is not required in every situation and city staff may issue a municipal infraction without previously issuing a notice of violation. Section R202 Definitions. Amendment to "building official" and inclusion of "code official": Building Official. See "Code Official". Code Official. The officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative. Any reference to building official in this code refers to code official. Section R310.1. Emergency escape and rescue opening required. Amended to Read: R310.1. Emergency escape and rescue opening required. Basements, habitable attics and every sleeping room shall have not less than one operable emergency escape and rescue opening. Where basements contain one or more sleeping rooms, an emergency escape and rescue opening shall be required in each sleeping room. Emergency escape and rescue openings shall open directly into a public way, or to a yard or court having a minimum width of 36 inches (914 mm) that opens to a public way. Exceptions: 1. Storm shelters and basements used only to house mechanical equipment not exceeding a total floor area of 200 square feet (18.58 m2). 2. Where the dwelling unit or townhouse unit is equipped with an automatic sprinkler system installed in accordance with Section P2904 of this code, sleeping rooms in basements shall not be required to have emergency escape and rescue openings provided that the basement has one of the following: 2.1. One means of egress complying with Section R311 and one emergency escape and rescue opening. 2.2. Two means of egress complying with Section R311. 3. A yard shall not be required to open directly into a public way where the yard opens to an unobstructed path from the yard to the public way. Such path shall have a width of not less than 36 inches (914 mm). 4. Basements without bedrooms that provide a second stairway that terminates in a room separate from the first stairway. Section R310.5 Replacement windows for emergency escape and rescue openings. Amended to read: R310.5 Replacement windows for emergency escape and rescue openings shall be permitted to have minimum dimensions in accordance with Sections R310.5.1 through R310.5.3 of this code, provided 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. 2. The replacement window is not part of a change of occupancy. R310.5.1 Minimum size. Emergency escape and rescue openings shall have a net clear opening of not less than 4.0 square feet (0.37 m2). R310.5.2 Minimum dimensions. The minimum net clear opening height dimension shall be 22 inches (558 mm). The minimum net clear opening width dimension shall be 20 inches (508 mm). The net clear opening dimensions shall be the result of normal operation of the opening. R310.5.3 Maximum height from floor. Emergency escape and rescue openings shall have the bottom of the clear opening not greater than 48 inches (1219 mm) above the floor. Exception: An existing finished sill height may exceed 48 inches (1219 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 bottom of the clear opening shall not exceed 36 inches (914 mm). The platform shall extend outward from the wall a minimum of 18 inches (457 mm) and shall be a minimum of 36 inches (914 mm) wide or as wide as the clear openable width of the window, whichever is greater, or another approved method/platform. b. The building is equipped with smoke alarms installed in accordance with section R314 of this code. Section R313 Automatic Fire Sprinkler Systems. Deleted. Section N1101.14 (R401.3) Certificate (Mandatory). Deleted. Section N1102.4.1.2 (R402.4.1.2) Testing. Deleted. Section N1103.3.4 (R403.3.4) Duct Leakage (Prescriptive). Deleted. Section N1103.3.5 (R403.3.5) Building Cavities (Mandatory). Amended to read: N1103.3.7 (R403.3.7). Building Cavities (Mandatory). Exterior building framing cavities shall not be used as ducts or plenums. Section P2904 Dwelling Unit Fire Sprinkler Systems. Deleted. Chapter 29. Deleted. Chapter 30 Sanitary Drainage. Deleted. Part VIII "Electrical" is hereby amended by deleting chapters 34-43 in their entirety. Appendix A - Do not adopt Appendix B - Do not adopt Appendix C - Do not adopt Appendix D - Do not adopt Appendix E - Do not adopt Appendix F - Do not adopt Appendix G - Do not adopt Appendix H - Do not adopt Appendix I - Do not adopt Appendix J - Do not adopt Appendix K - Do not adopt Appendix L - Do not adopt Appendix M - Do not adopt Appendix N - Do not adopt Appendix O - Do not adopt Appendix P — Do not adopt Appendix Q - Adopt Appendix R - Do not adopt Appendix S - Do not adopt Appendix T - Do not adopt Section 3. This ordinance shall take effect upon publication. Passed, approved, and adopted this 151h day of May, 2023. .•Oj&ai�agh, Mayor Attest: Adrienne N. Breiifelder, City Clerk EFFECT OF AMENDMENT 14-1 B-1: INTERNATIONAL RESIDENTIAL CODE ADOPTED: Except as hereinafter added to, deleted, modified, or amended, there is hereby adopted by reference as the residential building code of the City that certain building code known as the International Residential Code, 2021 edition, and as published by the International Code Council, and the provisions of such building code shall be controlling in the construction, remodeling, maintenance, repair, and reconstruction of one- and two-family residential buildings and in all matters covered by such building code within the corporate limits of the City and shall be known as the "Dubuque Residential Building Code". A copy of the International Residential Code, 2021 edition, as adopted, shall be on file in the Office of the City Clerk for public inspection. 14-1 B-2: INTERNATIONAL RESIDENTIAL CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the International Residential Code, 2021 edition, adopted in section 14-1 B-1 of this article to read as follows: Section R101.1 Title. Amended to read: R101.1 Title. These provisions shall Building Code of the City of Dubuque, referred to herein as "this code." e known as the Dubuque Residential and shall be cited as such and will be Section R103.1 Creation Of Enforcement Agency. Amended to read: R103.1. Creation Of Enforcement Agency. There is hereby established in the city the Inspection & Construction Services Division, which shall be under the jurisdiction of the code official. Section R105.5 Expiration. Amended to read: R105.5. Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is completed within one year after its issuance. The code official is authorized to grant, in writing, one or more extensions of time, for periods not to exceed 180 days for each such approved extension. The extensions shall be requested in writing and justifiable cause demonstrated. Section R112.1 through R112.4 replaced with City of Dubuque Code of Ordinances section 14-1 A-6. Section R113 Violations. Amended to read: R113. Violations. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any building or structure or cause or permit the same to be done in violation of this code. The doing of any act, or the omission of any act, declared to be unlawful by this code, or any code or ordinance herein adopted by reference shall be deemed a separate offense for each and every day or portion thereof during which any such unlawful act is committed, continued, or permitted to continue and upon conviction shall be punishable as provided in title 1 of the City Code of Ordinances. The penalty herein provided shall be cumulative with and in addition to the revocation, cancellation, or forfeiture of any license or permit elsewhere in this code provided for violation thereof. A notice of violation is not required in every situation and city staff may issue a municipal infraction without previously issuing a notice of violation. Section R202 Definitions. Amendment to "building official" and inclusion of "code official": Building Official. See "Code Official". Code Official. The officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative. Any reference to building official in this code refers to code official. Section R310.1. Emergency escape and rescue opening required. Amended to Read: R310.1. Emergency escape and rescue opening required. Basements, habitable attics and every sleeping room shall have not less than one operable emergency escape and rescue opening. Where basements contain one or more sleeping rooms, an emergency escape and rescue opening shall be required in each sleeping room. Emergency escape and rescue openings shall open directly into a public way, or to a yard or court having a minimum width of 36 inches (914 mm) that opens to a public way. Exceptions: 5. Storm shelters and basements used only to house mechanical equipment not exceeding a total floor area of 200 square feet (18.58 m2). 6. Where the dwelling unit or townhouse unit is equipped with an automatic sprinkler system installed in accordance with Section P2904 of this code, sleeping rooms in basements shall not be required to have emergency escape and rescue openings provided that the basement has one of the following: 6.1. One means of egress complying with Section R311 and one emergency escape and rescue opening. 6.2. Two means of egress complying with Section R311. 7. A yard shall not be required to open directly into a public way where the yard opens to an unobstructed path from the yard to the public way. Such path shall have a width of not less than 36 inches (914 mm). 8. Basements without bedrooms that provide a second stairway that terminates in a room separate from the first stairway. Section R310.5 Replacement windows for emergency escape and rescue openings. Amended to read: R310.5 Replacement windows for emergency escape and rescue openings shall be permitted to have minimum dimensions in accordance with Sections R310.5.1 through R310.5.3 of this code, provided 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. 2. The replacement window is not part of a change of occupancy. R310.5.1 Minimum size. Emergency escape and rescue openings shall have a net clear opening of not less than 4.0 square feet (0.37 m2). R310.5.2 Minimum dimensions. The minimum net clear opening height dimension shall be 22 inches (558 mm). The minimum net clear opening width dimension shall be 20 inches (508 mm). The net clear opening dimensions shall be the result of normal operation of the opening. R310.5.3 Maximum height from floor. Emergency escape and rescue openings shall have the bottom of the clear opening not greater than 48 inches (1219 mm) above the floor. Exception: An existing finished sill height may exceed 48 inches (1219 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 bottom of the clear opening shall not exceed 36 inches (914 mm). The platform shall extend outward from the wall a minimum of 18 inches (457 mm) and shall be a minimum of 36 inches (914 mm) wide or as wide as the clear openable width of the window, whichever is greater, or another approved method/platform. b. The building is equipped with smoke alarms installed in accordance with section R314 of this code. Section R313 Automatic Fire Sprinkler Systems. Deleted. Section N1101.14 (R401.3) Certificate (Mandatory). Deleted. Section N1102.4.1.2 (R402.4.1.2) Testing. Deleted. Section N1103.3.4 (R403.3.4) Duct Leakage (Prescriptive). Deleted. Section N1103.3.5 (R403.3.5) Building Cavities (Mandatory). Amended to read: N1103.3.7 (R403.3.7). Building Cavities (Mandatory). Exterior building framing cavities shall not be used as ducts or plenums. Section P2904 Dwelling Unit Fire Sprinkler Systems. Deleted. Chapter 29. Deleted. Chapter 30 Sanitary Drainage. Deleted. Part VIII "Electrical" is hereby amended by deleting chapters 34-43 in their entirety. Appendix A - Do not adopt Appendix B - Do not adopt Appendix C - Do not adopt Appendix D - Do not adopt Appendix E - Do not adopt Appendix F - Do not adopt Appendix G - Do not adopt Appendix H - Do not adopt Appendix I - Do not adopt Appendix J - Do not adopt Appendix K - Do not adopt Appendix L - Do not adopt Appendix M - Do not adopt Appendix N - Do not adopt Appendix O - Do not adopt Appendix P — Do not adopt Appendix Q - Adopt Appendix R - Do not adopt Appendix S - Do not adopt Appendix T - Do not adopt Prepared by: Jason Lehman, Esq. 300 Main Street Suite 330 Dubuque 1A 52001 563 589-4381 ORDINANCE NO. 23-23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE E FIRE CODE AND REGULATIONS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1 E-1 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1 E-1: INTERNATIONAL FIRE CODE ADOPTED: Except as hereinafter added to, deleted, modified, or amended, the International Fire Code, 2021 edition, as promulgated by the International Code Council, is hereby adopted by reference from the effective date hereof. A copy of the International Fire Code, 2021 edition, is on file at the fire headquarters for public inspection. Section 2, Section 14-1 E-2 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1 E-2: INTERNATIONAL FIRE CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the International Fire Code, 2021 edition, adopted in section 14-1 E-1 of this article to read as follows: Section 101.1 Title. Amended to read: 101.1 Title, These regulations shall be known as the Dubuque Fire Code, hereinafter referred to as "this code." Section 102.6 Historic Buildings. Amended to read: 102.6 Historic Buildings. Repairs, alterations, and additions to a historic building shall comply with the provisions of the Dubuque Existing Building Code. Section 105.5 Required operational permits. Amended to read: 105.5 Required operational permits. The fire code official is authorized to issue operational permits for the operations set forth in Sections 105.5.2 through 105.5.52 of this code. It shall be unlawful for any person, firm, or corporation to use a building or premises or engage in any activity for which a permit is required by the Dubuque Code of Ordinances without first having obtained such permit. Section 111 replaced with City of Dubuque Code of Ordinances section 14-1A-6. Section 308.1.4 Open -flame cooking devices. Amended to read: Charcoal burners and other open -flame cooking devices shall not be located, stored, or operated on combustible balconies or within 10 feet (3,048 mm) of combustible construction. Exceptions: 1. One- and two-family dwellings. 2. Where buildings, balconies, and decks are protected by an automatic sprinkler system. 3. LP -gas cooking devices having LP -gas container with a water capacity not greater than 2 1/2 pounds [nominal 1 pound (0.454 kg) LP -gas capacity]. Section 505.1 Address Identification. Amended to read: 505.1 Address Identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numerals or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 4 inches (102 mm) high with a minimum stroke width of 1/2 inch (12.7 mm). Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole, or other sign or means shall be used to identify the structure. Address identification shall be maintained. 505.1.1 Interior room numbers. New and existing buildings shall be provided with approved room and suite identification. The room and suite identification shall be placed in a position that is plainly legible and visible. Identification characters shall contrast with their background. Section 506.1 Where Required. Amended to read: 506.1 Where Required. An approved key box shall be required on all commercial and residential structures that contain off -site monitored fire alarm and/or sprinkler systems or where access to or within a structure or an area is restricted because of secured openings. Where immediate access is necessary for life-saving or fire- fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type listed in accordance with UL 1037 and shall contain keys to gain necessary access as required by the fire code official. 506.1.2 Key boxes for fire service elevator keys. Amended to read: 506.1.2 Key boxes for fire service elevator keys. Approved key boxes shall be provided for fire service elevator keys shall comply with Section 506.1 of this code and all of the following: 1. The key box shall be the rapid entry key box system in use in the jurisdiction and approved by the fire code official. 2. The front cover shall be permanently labeled with the words "FIRE DEPARTMENT USE ONLY." 3. The key box shall be mounted at each elevator bank at the lobby nearest to the lowest level of fire department access. 4. The key box shall be mounted 5 feet 6 inches (1,676 mm) above the finished floor to the right side of the elevator bank, 5. Contents of each key box shall be the building master key, fire service elevator keys, recall keys, and additional elevator access tools, keys, and information pertinent to emergency planning or elevator access as determined necessary by the fire code official. 6. In buildings with two or more elevator banks, a single key box shall be permitted to be used where such elevator banks are located on the same floor and separated by not more than 30 feet (9,144 mm). Additional key boxes shall be provided for each individual elevator or elevator bank separated by more than 30 feet (9,144 mm). Section 604.6 Elevator Keys. Amended to read: 604.6 Elevator Keys. All elevators shall be provided elevator car door and fire- fighter service keys in accordance with Sections 606.6.1 through 604.6.4 of this cod e. 604.6.1 Elevator key location. Keys for the elevator car doors and fire-fighter service keys shall be kept in an approved key box in an approved location in accordance with Section 506.1.2 of this code. 604.6.2 Requirements for fire service elevator keys. Fire service elevator keys shall comply with all of the following: 1. Fire service elevator keys shall be of a patent -protected design to prevent unauthorized duplication. 2. Fire service elevator keys shall be factory restricted by the manufacturer to prevent the unauthorized distribution of key blanks. Uncut key blanks shall not be permitted to leave the factory. 3. Fire service elevator keys subject to these rules shall be engraved with the words "DO NOT DUPLICATE." 604.6.3 Access to fire service keys. Access to fire service elevator keys shall be restricted to the following: 1. Elevator owners or their authorized agents. 2. Elevator contractors. 3. Elevator inspectors of the jurisdiction. 4. Fire code officials of the jurisdiction. 5. The fire department and other emergency response agencies designated by the fire code official. 604.6.4 Responsibility to provide keys. The building owner shall provide one set of keys for each approved keybox for fire service elevator key required by Section 506.1.1 of this code. Section 606.2 Where Required. Amended to read: 606.2 Where Required. A Type / hood shall be installed at or above all commercial cooking appliances and domestic cooking appliances used for commercial purposes that produce grease vapors, including but not limited to cooking equipment used in fixed, mobile, or temporary concessions, such as trucks, buses, trailers, pavilions, or any form of roofed enclosure, as required by the fire code official. Exceptions: 1. Factory -built commercial exhaust hoods that are listed and labeled in accordance with UL 710, and installed in accordance with Section 304.1 of the Dubuque Mechanical Code, shall not be required to comply with Sections 507.1.5, 507.2.3., 507.2.5, 507.2.8, 507.3.1, 507.3.3, 507.4 and 507.5 of the Dubuque Mechanical Code. 2. Factory -built commercial cooking recirculating systems that are listed and labeled in accordance with UL 710B, and installed in accordance with Section 304.1 of the Dubuque Mechanical Code, shall not be required to comply with Sections 507.1.5, 507.2.3, 507.2.5, 507.2.8, 507.3.1, 507.3.3, 507.4, and 507.5 of the Dubuque Mechanical Code. For the purpose of determining floor area required to be ventilated, each individual appliance shall be considered as occupying not less than 100 square feet (9.3m2). 3. Where cooking appliances are equipped with integral down -draft exhaust systems and such appliances and exhaust systems are listed and labeled for the application in accordance with NFPA 96, a ;"rood shall not be required at or above them. 4. A Type / hood shall not be required for an electric cooking appliance where an approved testing agency provides documentation that the appliance effluent contains 5 mglm3 or less of grease when tested at an exhaust flow rate of 500 cfm (0.236 m3/s) in accordance with UL 710B. Section 903.3.1.1.1 Exempt Locations. Amended to read: 903.3.1.1.1 Exempt Locations. Automatic sprinklers shall not be required in the following rooms or areas where such rooms or areas are protected with an approved automatic fire detection system in accordance with section 907.2 of this code that will respond to visible or invisible particles of combustion. Sprinklers shall not be omitted from a room merely because it is damp, of fire -resistance -rated construction, or contains electrical equipment. 1 . A room where the application of water, or flame and water, constitutes a serious life or fire hazard. 2. A room or space where sprinklers are considered undesirable because of the nature of the contents, where approved by the fire code official. 3. Generator and transformer rooms separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire - resistance rating of not less than 2 hours. 4. Rooms or areas that are of noncombustible construction with wholly noncombustible contents. 5. Fire service access elevator machine rooms and machinery spaces. 6. Automatic sprinklers shall not be installed in elevator machine rooms, elevator machine spaces, and elevator holstways other than pits where such sprinklers would not necessitate shunt trip requirements under any circumstances. Storage sha[I not be allowed within the elevator machine room. Signage shall be provided at the entry doors to the elevator machine room indicating "Elevator Machinery -No Storage Allowed". 7. Machine rooms, machinery spaces, control rooms, and control spaces associated with occupant evacuation elevators designed in accordance with Section 3008 of the Dubuque Building Code. Automatic sprinklers shall not be installed in elevator hoistways other than pits where such sprinklers would not necessitate shunt trip requirements under any circumstances. Section 1028.5 Access To A Public Way. Amended to read: 1028.5 Access To A Public Way. The exit discharge pathway shall be hard surfaced and provide a direct and unobstructed access to a public way. Exception: Where access to a public way cannot be provided, a safe dispersal area shall be provided where all of the following are met: 1. The area shall be of a size to accommodate not less than 5 square feet (0.46 m2) for each person. 2. The area shall be located on the same lot not less than 50 feet (15,240 mm) away from the building requiring egress. 3. The area shall be permanently maintained and identified as a safe dispersal area. 4. The area shall be provided with a safe and unobstructed path of travel from the building. 1031.3.1 Minimum size. Amended to read: Emergency escape and rescue openings shall have a minimum net clear opening of 5.7 square feet. (0.53m2) Exception: The minimum net clear opening for grade -floor emergency escape and rescue openings shall be 5 square feet. (0.46m2) 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 (508 mm), a minimum net clear openable height of 22 inches (558 mm), and a minimum net clear opening of 4.0 square feet (0.372 m2). 2. 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. 3. The replacement window is not part of a change of occupancy or use. Section 1031.3.3. Maximum height from floor. Amended to read: 1031.3.3. 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 18 inches (457 mm) and shall be at least as wide as the clear openable width of the window or other approved method/platform. b. The emergency escape and rescue opening shall comply with section 1031.3.2 of this code. Appendix A - Do not adopt Appendix B - Adopt Appendix C - Adopt Appendix D - Adopt Appendix E - Do not adopt Appendix F - Do not adopt Appendix G - Do not adopt Appendix H - Do not adopt Appendix I - Do not adopt Appendix J - Do not adopt Appendix K - Do not adopt Appendix L - Do not adopt Appendix M - Do not adopt Section 3. Section 14-1 E-3 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1 E-3: RESERVED: Section 4. Section 14-1 E-4 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1 E-4: EMERGENCIES: Where a situation requires immediate decision, that of the fire chief shall be final and conclusive. Section 5. Section 14-1 E-5 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1 E-5: SPECIAL CONDITIONS: The fire chief in matters of fire prevention shall have full power to exercise judgment in a reasonable and proper manner and rule accordingly on all special cases in regard to any of the matters and things treated in this code relating to fire hazards not specifically covered thereby. Section 6. This ordinance shall take effect upon publication. Passed, approved, and adopted this 15th day of May, 2023. .•C@Y:a�iagK, Mayor Attest: Adrienne N. Breitfelder,�City Clerk EFFECT OF AMENDMENT 14-1 E-1: INTERNATIONAL FIRE CODE ADOPTED: Except as hereinafter added to, deleted, modified, or amended, the International Fire Code, 2021 edition, as promulgated by the International Code Council, is hereby adopted by reference from the effective date hereof. A copy of the International Fire Code, 2021 edition, is on file at the fire headquarters for public inspection. 14-1 E-2: INTERNATIONAL FIRE CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the International Fire Code, 2021 edition, adopted in section 14-1 E-1 of this article to read as follows: Section 101.1 Title. Amended to read: 101.1 Title. These regulations shall be known as the Dubuque Fire Code, hereinafter referred to as "this code." Section 102.6 Historic Buildings. Amended to read: 102.6 Historic Buildings. Repairs, alterations, and additions to a historic building shall comply with the provisions of the Dubuque Existing Building Code. Section 105.5 Required operational permits. Amended to read: 105.5 Required operational permits. The fire code official is authorized to issue operational permits for the operations set forth in Sections 105.5.2 through 105.5.52 of this code. It shall be unlawful for any person, firm, or corporation to use a building or premises or engage in any activity for which a permit is required by the Dubuque Code of Ordinances without first having obtained such permit. Section 111 replaced with City of Dubuque Code of Ordinances section 14-1A-6. Section 308.1.4 Open -flame cooking devices. Amended to read: Charcoal burners and other open -flame cooking devices shall not be located, stored, or operated on combustible balconies or within 10 feet (3,048 mm) of combustible construction. Exceptions: 4. One- and two-family dwellings. 5. Where buildings, balconies, and decks are protected by an automatic sprinkler system. 6. LP -gas cooking devices having LP -gas container with a water capacity not greater than 2'/2 pounds [nominal 1 pound (0.454 kg) LP -gas capacity]. Section 505.1 Address Identification. Amended to read: 505.1 Address Identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numerals or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 4 inches (102 mm) high with a minimum stroke width of 1/2 inch (12.7 mm). Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole, or other sign or means shall be used to identify the structure. Address identification shall be maintained. 505.1.1 Interior room numbers. New and existing buildings shall be provided with approved room and suite identification. The room and suite identification shall be placed in a position thatis plainly legible and visible. Identification characters shall contrast with their background. Section 506.1 Where Required. Amended to read: 506.1 Where Required. An approved key box shall be required on all commercial and residential structures that contain off -site monitored fire alarm and/or sprinkler systems or where access to or within a structure or an area is restricted because of secured openings. Where immediate access is necessary for life-saving or fire- fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type listed in accordance with UL 1037 and shall contain keys to gain necessary access as required by the fire code official. 506.1.2 Key boxes for fire service elevator keys. Amended to read: 506.1.2 Key boxes for fire service elevator keys. Approved key boxes shall be provided for fire service elevator keys shall comply with Section 506.1 of this code and all of the following: 7. The key box shall be the rapid entry key box system in use in the jurisdiction and approved by the fire code official. 8. The front cover shall be permanently labeled with the words "FIRE DEPARTMENT USE ONLY." 9. The key box shall be mounted at each elevator bank at the lobby nearest to the lowest level of fire department access. 10. The key box shall be mounted 5 feet 6 inches (1,676 mm) above the finished floor to the right side of the elevator bank. 11. Contents of each key box shall be the building master key, fire service elevator keys, recall keys, and additional elevator access tools, keys, and information pertinent to emergency planning or elevator access as determined necessary by the fire code official. 12. In buildings with two or more elevator banks, a single shall be permitted to be used where such elevator banks are located on the same floor and separated by not more than 30 feet (9,144 mm). Additional key boxes shall be provided for each individual elevator or elevator bank separated by more than 30 feet (9,144 mm). Section 604.6 Elevator Keys. Amended to read: 604.6 Elevator Keys. All elevators shall be provided elevator car door and fire- fighter service keys in accordance with Sections 606.6.1 through 604.6.4 of this code. 604.6.1 Elevator key location. Keys for the elevator car doors and fire-fighter service keys shall be kept in an approved key box in an approved location in accordance with Section 506.1.2 of this code. 604.6.2 Requirements for fire service elevator keys. Fire service elevator keys shall comply with all of the following: 4. Fire service elevator keys shall be of a patent -protected design to prevent unauthorized duplication. 5. Fire service elevator keys shall be factory restricted by the manufacturer to prevent the unauthorized distribution of key blanks. Uncut key blanks shall not be permitted to leave the factory. 6. Fire service elevator keys subject to these rules shall be engraved with the words "DO NOT DUPLICATE." 604.6.3 Access to fire service keys. Access to fire service elevator keys shall be restricted to the following: 6. Elevator owners or their authorized agents. 7. Elevator contractors. 8. Elevator inspectors of the jurisdiction. 9. Fire code officials of the jurisdiction. 10. The fire department and other emergency response agencies designated by the fire code official. 604.6.4 Responsibility to provide keys. The building owner shall provide one set of keys for each approved key box for fire service elevator key required by Section 506.1.1 of this code. Section 606.2 Where Required. Amended to read: 606.2 Where Required. A Type 1 hood shall be installed at or above all commercial cooking appliances and domestic cooking appliances used for commercial purposes that produce grease vapors, including but not limited to cooking equipment used in fixed, mobile, or temporary concessions, such as trucks, buses, trailers, pavilions, or any form of roofed enclosure, as required by the fire code official. Exceptions: 1. Factory -built commercial exhaust hoods that are listed and labeled in accordance with UL 710, and installed in accordance with Section 304.1 of the Dubuque Mechanical Code, shall not be required to comply with Sections 507.1.5, 507.2.3., 507.2.5, 507.2.8, 507.3.1, 507.3.3, 507.4 and 507.5 of the Dubuque Mechanical Code. 2. Factory -built commercial cooking recirculating systems that are listed and labeled in accordance with UL 710B, and installed in accordance with Section 304.1 of the Dubuque Mechanical Code, shall not be required to comply with Sections 507.1.5, 507.2.3, 507.2.5, 507.2.8, 507.3.1, 507.3.3, 507.4, and 507.5 of the Dubuque Mechanical Code. For the purpose of determining floor area required to be ventilated, each individual appliance shall be considered as occupying not less than 100 square feet (9.3m2). 3. Where cooking appliances are equipped with integral down -draft exhaust systems and such appliances and exhaust systems are listed and labeled for the application in accordance with NFPA 96, a shall not be required at or above them. 4. A Type 1 hood shall not be required for an electric cooking appliance where an approved testing agency provides documentation that the appliance effluent contains 5 mg/m3 or less of grease when tested at an exhaust flow rate of 500 cfm (0.236 m /s) in accordance with UL 710B. Section 903.3.1.1.1 Exempt Locations. Amended to read: 903.3.1.1.1 Exempt Locations. Automatic sprinklers shall not be required in the following rooms or areas where such rooms or areas are protected with an approved automatic fire detection system in accordance with section 907.2 of this code that will respond to visible or invisible particles of combustion. Sprinklers shall not be omitted from a room merely because it is damp, of fire -resistance -rated construction, or contains electrical equipment. 1. A room where the application of water, or flame and water, constitutes a serious life or fire hazard. 2. A room or space where sprinklers are considered undesirable because of the nature of the contents, where approved by the fire code official. 3. Generator and transformer rooms separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a resistance rating of not less than 2 hours. 4. Rooms or areas that are of noncombustible construction with wholly noncombustible contents. 5. Fire service access elevator machine rooms and machinery spaces. 6. Automatic sprinklers shall not be installed in elevator machine rooms, elevator machine spaces, and elevator hoistways other than pits where such sprinklers would not necessitate shunt trip requirements under any circumstances. Storage shall not be allowed within the elevator machine room. Signage shall be provided at the entry doors to the elevator machine room indicating "Elevator Machinery -No Storage Allowed". 7. Machine rooms, machinery spaces, control rooms, and control spaces associated with occupant evacuation elevators designed in accordance with Section 3008 of the Dubuque Building Code. Automatic sprinklers shall not be installed in elevator hoistways other than pits where such sprinklers would not necessitate shunt trip requirements under any circumstances. Section 1028.5 Access To A Public Way. Amended to read: 1028.5 Access To A Public Way. The exit discharge pathway shall be hard surfaced and provide a direct and unobstructed access to a public way. Exception: Where access to a public way cannot be provided, a safe dispersal area shall be provided where all of the following are met: 1. The area shall be of a size to accommodate not less than 5 square feet (0.46 m ) for each person. 2. The area shall be located on the same lot not less than 50 feet (15,240 mm) away from the building requiring egress. 3. The area shall be permanently maintained and identified as a safe dispersal area. 4. The area shall be provided with a safe and unobstructed path of travel from the building. 1031.3.1 Minimum size. Amended to read: Emergency escape and rescue openings shall have a minimum net clear opening of 5.7 square feet. (0.53m2) Exception: The minimum net clear opening for grade -floor emergency escape and rescue openings shall be 5 square feet. (0.46m ) 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 (508 mm), a minimum net clear openable height of 22 inches (558 mm), and a minimum net clear opening of 4.0 square feet (0.372 ml). 2. 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. 3. The replacement window is not part of a change of occupancy or use. Section 1031.3.3. Maximum height from floor. Amended to read: 1031.3.3. 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 18 inches (457 mm) and shall be at least as wide as the clear openable width of the window or other approved method/platform. b. The emergency escape and rescue opening shall comply with section 1031.3.2 of this code. Appendix A - Do not adopt Appendix B - Adopt Appendix C - Adopt Appendix D - Adopt Appendix E - Do not adopt Appendix F - Do not adopt Appendix G - Do not adopt Appendix H - Do not adopt Appendix I - Do not adopt Appendix J - Do not adopt Appendix K - Do not adopt Appendix L - Do not adopt Appendix M - Do not adopt 14-1 E-3: RESERVED: 14-1 E-4: EMERGENCIES: Where a situation requires immediate decision, that of the fire chief shall be final and conclusive. 14-1 E-5: SPECIAL CONDITIONS: The fire chie` in matters of fire prevention shall have full power to exercise judgment in a reasonable and proper manner and rule accordingly on all special cases in regard to any of the matters and things treated in this code relating to fire hazards not specifically covered thereby. Prepared by: Jason Lehman, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 24-23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE F MECHANICAL CODE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1 F-1 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1 F-1: INTERNATIONAL MECHANICAL CODE ADOPTED: Except as hereinafter added to, deleted, modified, or amended, there is hereby adopted by reference as the mechanical code of the City that certain mechanical code known as the International Mechanical Code, 2021 edition, as published by the International Code Council, and the provisions of such mechanical code shall be controlling for the installation, maintenance, and use of heating, ventilating, cooling, refrigeration systems, incinerators, and other miscellaneous heat -producing appliances within the corporate limits of the City and shall be known as the Dubuque Mechanical Code. A copy of the International Mechanical Code, 2021 edition, as adopted, shall be on file in the Office of the City Clerk for public inspection. Section 2. Section 14-1 F-2 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1 F-2: INTERNATIONAL MECHANICAL CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the International Mechanical Code, 2021 edition, adopted in section 14-1 F-1 of this article to read as follows: Section 101.1 Title. Amended to read: 101.1 Title. These regulations shall be known as the Dubuque Mechanical Code, hereinafter referred to as "this code." Section 103.1 Creation of enforcement agency. Amended to read: 103.1 Creation of enforcement agency. The Inspection & Construction Services Division is hereby created and the official in charge thereof shall be known as the code official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code. Section 108 Violations. Amended to read: Section 108. Violations And Penalties. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, use, occupy, or maintain any building or structure or cause or permit the same to be done in violation of this code. The doing of any act, or the omission of any act, declared to be unlawful by this code, or any code or ordinance herein adopted by reference, shall be deemed a separate offense for each and every day during which any such unlawful act is committed, continued, or permitted to continue and upon conviction shall be punishable as provided in title 1 of the City Code of Ordinances. The penalty herein provided shall be cumulative with and in addition to the revocation, cancellation, or forfeiture of any license or permit elsewhere in this code provided for violation thereof. A notice of violation is not required in every situation and city staff may issue a municipal infraction without previously issuing a notice of violation. Section 113 Means Of Appeal. Amended to read: 113.1 Means of Appeals. See City of Dubuque Code of Ordinances section 14-1A- 6 Section 114. Board of Appeals. Amended to read: 114.1 Board of Appeals. See city of Dubuque code of ordinances section 14-1A- 6 Section 202 Definitions. Amendment to "building official" and inclusion of "code official". Building Official. See "Code Official". Code Official. The officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative. Any reference to "building official" in this code refers to "code officiaP. Section 3. This ordinance shall take effect upon publication. Passed, approved, and adopted this 15th day of May, 2023. Brad M. C , Mayor Attest: q� l( L Adrienne N. Breitfelder, City Clerk EFFECT OF AMENDMENT 14-1 F-1: INTERNATIONAL MECHANICAL CODE ADOPTED: Except as hereinafter added to, deleted, modified, or amended, there is hereby adopted by reference as the mechanical code of the City that certain mechanical code known as the International Mechanical Code, 2021 edition, as published by the International Code Council, and the provisions of such mechanical code shall be controlling for the installation, maintenance, and use of heating, ventilating, cooling, refrigeration systems, incinerators, and other miscellaneous heat -producing appliances within the corporate limits of the City and shall be known as the Dubuque Mechanical Code. A copy of the International Mechanical Code, 2021 edition, as adopted, shall be on file in the Office of the City Clerk for public inspection. 14-1 F-2: INTERNATIONAL MECHANICAL CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the International Mechanical Code, 2021 edition, adopted in section 14-1 F-1 of this article to read as follows: Section 101.1 Title. Amended to read: 101.1 Title. These regulations shall be known as the Dubuque Mechanical Code, hereinafter referred to as "this code." Section 103.1 Creation of enforcement agency. Amended to read: 103.1 Creation of enforcement agency. The Inspection & Construction Services Division is hereby created and the official in charge thereof shall be known as the code official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code. Section 108 Violations. Amended to read: Section 108. Violations And Penalties. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, use, occupy, or maintain any building or structure or cause or permit the same to be done in violation of this code. The doing of any act, or the omission of any act, declared to be unlawful by this code, or any code or ordinance herein adopted by reference, shall be deemed a separate offense for each and every day during which any such unlawful act is committed, continued, or permitted to continue and upon conviction shall be punishable as provided in title 1 of the City Code of Ordinances. The penalty herein provided shall be cumulative with and in addition to the revocation, cancellation, or forfeiture of any license or permit elsewhere in this code provided for violation thereof. A notice of violation is not required in every situation and city staff may issue a municipal infraction without previously issuing a notice of violation. Section113 Means Of Appeal. Amended to read: 113.1 Means of Appeals. See City of Dubuque Code of Ordinances section 14- 1 A-6 Section 114. Board of Appeals. Amended to read: 114.1 Board of Appeals. See city of Dubuque code of ordinances section 14-1A- 6 Section 202 Definitions. Amendment to "building official" and inclusion of "code official": Building Official. See "Code Official". Code Official. The officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative. Any reference to "building official" in this code refers to "code official". Prepared by: Jason Lehman, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 25-23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE J PROPERTY MAINTENANCE CODE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1 J-1 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1J-1: INTERNATIONAL PROPERTY MAINTENANCE CODE ADOPTED: That a certain document, copies of which are on file in the Offices of the Housing and Community Development Department, being marked and designated as the International Property Maintenance Code, 2021 edition, as published by the International Code Council, be and is hereby adopted as the Dubuque Property Maintenance Code, for regulating and governing the conditions and maintenance of all property, buildings, and structures; by providing the standards for supplied utilities, facilities, and other physical things and conditions essential to ensuring that structures are safe, sanitary, and fit for occupancy and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions, and terms of said Dubuque Property Maintenance Code are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions, and changes, if any, prescribed in section 14-1 J-2 of this article. Section 1. Section 14-1 J-2 of the City of Dubuque Code of Ordinances is hereby 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, 2021 edition, adopted in section 14-1J-1 of this article to read as follows: Section 101.1 Title. Amended to read: 101.1 Title. These regulations shall be known as the Property Maintenance Code of the City of Dubuque, hereinafter referred to as "this code." Section 103.1 Creation of enforcement agency. Amended to read: 103.1 Creation of enforcement agency. The Inspection & Construction Services Division is hereby created and the official in charge thereof shall be known as the code official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code. Section 104.1. Fees. Amended to read: 104.1. Fees. The fees for activities and services performed by the Inspection & Construction Services Division will be established by the city council. Any unpaid penalty, fine, fee, or interest shall constitute a lien on the real property and may be collected in the same manner as a property tax. Prior to filing a lien, the City shall send a notice of intent to file a lien to the owner of the property by first class mail to such owner's personal or business mailing address. Section 109.2 Notice of violation. Amended to read: 109.2 Notice of violation. The code official shall serve a notice of violation or order in accordance with Section 111.4 of this code. A notice of violation is not required in every situation and city staff may issue a municipal infraction without previously issuing a notice of violation. Such notice shall be deemed to be properly served where a copy thereof is served in accordance with any of the methods of service in section 111.4.2 or by first-class mail to the last known address of the owner or the owner's authorized agent. Section 109.5. Abatement of Violation. Amended to read: 109.5. Abatement of Violation, Escrow Established. A. Abatement of Violation. The imposition of the penalties herein described shall not preclude legal action by the City to restrain, correct, or abate a violation, or to prevent illegal occupancy of a building, structure, or premises, or to stop an illegal act, conduct, business, or utilization of the building, structure, or premises. B. Escrow System Established. 1. Pursuant to the authority granted in Iowa Code 364.17, the City hereby creates an escrow system for the deposit of rent which will be applied to the costs of correcting violations of the codes applicable to residential rental housing in the City of Dubuque. 2. No rent shall be recoverable by the owner, the owner's authorized agent, or the lessor of any dwelling which does not comply with the codes applicable to residential rental housing in the City of Dubuque until such time as the dwelling does comply with the applicable codes. 3. If other methods have failed, the code official may contract to have work done as necessary to remedy violations of the applicable codes at a residential rental property, the cost of which shall be assessed to the owner or lessor and constitute a lien on the property; or be paid using the funds deposited into the escrow system for the cost of correcting violations. 4. Escrow Order and Payment Requirement: a. An escrow order will be sent by certified mail, return receipt requested, to the owner, the owner's authorized agent, or the lessor, the first lienholder, and the tenant. A copy will be posted at the premises. b. Upon receipt of an escrow order, tenants shall pay their rent to the City which will hold the funds in escrow as provided herein. When rent is placed in escrow, neither the owner, the owner's authorized agent, nor the lessor may recover rent from the tenant. C. The effective date of the escrow order is fourteen (14) days from the date of the order. d. A first lienholder may submit proof of an "Assignment of Rents" to the City. The City will adjust the escrow order to limit escrow collection of rents to the amount above the amount of the monthly mortgage payment due to the first lienholder. Unless otherwise required by law, the lienholder shall be responsible for collecting rents below the escrow amount. e. The owner, the owner's authorized agent, the lessor, or the first lienholder may appeal an escrow order to the Housing Appeals and Mediation Board. f. If the Housing Appeals and Mediation Board adjusts or overturns the escrow order, the funds so adjusted shall be released to the owner, the owner's authorized agent, or the lessor and shall be payable within fourteen (14) days. 5. An escrow order shall be stayed pending an appeal by an owner, the owner's authorized agent, or the lessor. 6. The City shall develop a policy outlining the parameters and procedures for initiation of an escrow order. Such policy shall be on file with the Inspection and Construction Service Division and available to the public for review. Section 107 Means of Appeal. Amended to read: Section 107 Means of Appeal. 107.1 General Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the applicable board of appeals, provided a written application for appeal is filed within 20 days after the day the decision, notice, or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. Section 108 Board of Appeal. Amended to read: Section 108 Boards of Appeals 108.1 General. There will be two boards for hearing appeals on matters covered by the Dubuque Property Maintenance Code. 1. The Building Code Advisory and Appeal Board will hear appeals of decisions or determinations made by the code official relative to interpretation of this code. The Building Code Advisory and Appeal Board will use the provisions of 14-1 A-6 of the City of Dubuque Code of Ordinances for the handling of appeals. 2. The Housing Appeals and Mediation Board will hear appeals regarding repair deadlines, nuisance abatement orders, and landlord/tenant disputes regarding property access, nuisance abatement, and rent abatement. The Housing Appeals and Mediation Board will use the provisions of 14-1 J-7 of the City of Dubuque Code of Ordinances for the handling of appeals. Section 202. Definitions. Amended to add definitions for building official and modify the definition of code official: Building Official. See "Code Official". Code Official. The officer, officers, or other designated authorities charged with the administration and enforcement of this code, orany duly authorized representative. Any reference to building official in this code refers to code official. Habitable Space. Space in a structure for living, sleeping, or eating. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces. Section 302.3. Sidewalks And Driveways. Amended to read: 302.3. Sidewalks And Driveways. Sidewalks, walkways, stairs, driveways, parking spaces, and similar areas shall be kept in a proper state of repair and maintained free from hazardous conditions. Hazardous conditions are any condition stated in the City of Dubuque's Standards for Defective Sidewalks/Approaches. Snow/ice removal shall comply with section 302.3.1 of this code. 302.3.1 Snow/ice Removal. The ownerof the premises shall be responsible for snow/ice removal from sidewalks, walkways, stairs, driveways, parking spaces, and similar areas immediately after the snowfall ends and no longer than 24 hours after the snow event. Exception: Pursuant to Iowa Code § 562A.15, a landlord may enter into an agreement, in certain circumstances, with a tenantfor maintenance in which case the tenant will be responsible for complying with this section. Upon request of the city, a landlord must provide a copy of the written agreement to the code official. Responsibility for a violation will default to the property owner if the requested documentation is not provided within five (5) days of the date of service of the notice of violation. Section 302.4. Weeds. Amended to read: 302.4. Weeds. Premises and exterior property shall be maintained in accordance with section 6-8-2 of the City of Dubuque Code of Ordinances. Exception: Pursuant to Iowa Code § 562A.15, a landlord may enter into an agreement, in certain circumstances, with a tenant for maintenance in which case the tenant will be responsible for complying with section 6-8-2 of the City of Dubuque Code of Ordinances. Upon request of the city, a landlord must provide a copy of the written agreement to the code official. Responsibility for a violation will default to the property owner if the requested documentation is not provided within five (5) days of the date of service of the notice of violation. Section 302.8. Motor Vehicles. Amended to read: 302.8. Motor Vehicles. See sections 16-7-1-3 and 16-14-5 of the City of Dubuque Code of Ordinances. Section 303.2. Enclosures. Amended to read: 303.2 Enclosures. All private swimming pools, hot tubs, and spas, which are capable of containing water more than 24 inches (610 mm) in depth, shall be completely surrounded by a fence or barrier not less than 48 inches (1219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self -closing and self - latching. Where the self -latching device is less than 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self -closing and self -latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. An existing pool enclosure shall not be removed, replaced, or changed in a manner that reduces its effectiveness as a safety barrier. Section 304.2. Protective Treatment. Amended to read: 304.2. Protective Treatment. Exterior surfaces, including but not limited to doors, door and window frames, cornices, porches, trim, balconies, decks, and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay - resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking, or chipped paint shall be eliminated and surfaces repainted, regardless of whether any such surface consists of or contains decay -resistant wood. For avoidance of doubt, once an exterior wood surface consisting of or containing decay -resistant wood has been painted, the paint must be maintained as provided in this code. Siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors, and skylights, shall be maintained weather resistant and water tight. Metal surfaces subject to rust or corrosion shall be coated to inhibit such rust or corrosion. Oxidation stains and rust shall be removed from exterior surfaces when oxidation stains or rust compromises the function of the building component to perform as designed. Surfaces designed for stabilization by oxidation are exempt from this requirement. Section 304.3. Address Identification. Amended to add: Exception: The fire official may approve nonconforming address identification. Section 304.14. Insect Screens. Insert: May 1 to November 1. Section 304.18.1. Doors. Amended to read: 304.18.1. Doors. Doors providing access to a dwelling unit, rooming unit, or housekeeping unit that is rented, leased or let shall be equipped with a lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge, or special effort. Such locks shall be installed according to the manufacturer's specifications and maintained in good working order. Section 305.3. Interior Surfaces. Amended to read: 305.3. interior Surfaces. A. interior surfaces, including windows and doors, shall be maintained in good, clean, and sanitary condition. Peeling, chipping, loose, flaking, or abraded paint shall be repaired, removed, or covered. Cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected. B. All residential properties receiving federal assistance must be in compliance with the Lead Safe Housing Rule at 24 CFR 35 and the Lead -Based Paint Poisoning Prevention Act at 42 USC 4822. The owner of federally assisted units must provide certification that the dwelling is in accordance with said regulations. If the federally assisted unit was constructed prior to 1978, upon occupancy a notice must be provided which outlines the lead -based paint regulations, the hazards of lead -based paint poisoning, the symptoms and treatment of lead poisoning, and the precautions to be taken against lead poisoning. C. All residential property must comply with the Residential Lead -Based Paint Hazard Reduction Act of 1992, requiring the disclosure of known information on lead -based paint and lead -based paint hazards before the sale or lease of certain housing built before 1978. Section 308.2.1. Rubbish Storage Facilities. Amended to add: Exception: Pursuant to Iowa Code §562A.15 a landlord may enter into an agreement, in certain circumstances, with a tenant for maintenance in which case the tenant will be responsible for compliance with this provision. Upon request of the city, a landlord must provide a copy of the written agreement. Responsibility for a violation will default to the property owner if the requested documentation is not provided within five (5) days of the date of service of the notice of violation. Section 404.4.2. Deleted. Section 404.4.3. Water Closet Accessibility. Amended to read as follows: 404.4.3. Water Closet Accessibility. Every bedroom in a dwelling unit shall have access to not less than one water closet and lavatory located in the same story as the bedroom or an adjacent story. Section 602.3, Heat Supply. Insert: September 15 to May 15. Section 602.4. Occupiable Work Spaces. Insert: September 15 to May 15. Section 602.5. Room Temperature Measurement. Amended to read: 602.5. Room Temperature Measurement. The required room temperatures shall be measured three (3) feet (914 mm) above the floor, at an interior wall. Section 605.2. Receptacles. Amended to add: Exception: In lieu of every habitable space in a dwelling containing two separate and remote receptacle outlets, one receptacle and a separate permanently installed light fixture is allowable. Section 702.4. Emergency escape openings. Amended to read: 702.4. Emergency escape and rescue openings. Basements, habitable attics, and every sleeping room shall not have less than one operable emergency escape and rescue opening. Where basements contain one or more sleeping rooms, an emergency escape and rescue opening shall be required in each sleeping room. Emergency escape and rescue openings shall open directly into a public way, or to a yard or court having a minimum width of 36 inches (914 mm) that opens to a public way. Emergency escape and rescue openings shall have minimum dimensions in accordance with 702.4.1 through 704.2.3 of this code. 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. 702.4.1 Minimum size. Emergency escape and rescue openings shall have a net clear opening of not less than 4.0 square feet (0.370 m2). 702.4.2 Minimum dimensions. The minimum net clear opening height dimension shall be 22 inches (558 mm). The minimum net clear opening width dimension shall be 20 inches (508 mm). The net clear opening dimensions shall be the result of normal operation of the opening. 702.4.3 Maximum height from floor. Emergency escape and rescue openings shall have the bottom of the clear opening not greater than 48 inches (1219 mm) above the floor. Exception: An existing finished sill height may exceed 48 inches (1219 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 lowerthan 20 inches (508 mm) above the floor and no higherthan 36 inches (914 mm) above the floor. The distance from the platform to the bottom of the clear opening shall not exceed 36 inches (914 mm). The platform shall extend outward from the wall a minimum of 18 inches (457 mm) and shall be a minimum of 36 inches (914 mm) wide or as wide as the clear openable width of the window, whichever is greater, or another approved method/platform. b. The building is equipped with smoke alarms installed in accordance with Section R314 of the International Residential Code in one- and two- family dwellings, or Section 907.2.10 of the International Building Code for all other structures, regardless of the valuation of the alteration. Appendix A - Do not adopt Appendix B - Do not adopt Section 3. Section 14-1J-3 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1J-3: RENTAL LICENSES: M. Licensed Rental Units: All rental units are subject to regular inspection and follow up re -inspection as necessary. 2. Not less than seven (7) calendar days prior to a scheduled inspection, the City will mail to the license holder or the license holder's authorized representative, by regular mail, notice of the date and time of the scheduled inspection. If the license holder or an authorized representative of the license holder is not present at the time of the scheduled inspection, and the inspector is unable to obtain entry to the rental unit, a second inspection will be scheduled. The license holder shall be responsible for notifying all affected tenants of each scheduled inspection. a. The license holder may cancel a scheduled inspection once without payment of a rescheduling fee, provided the city manager or the city manager's designee is notified of the cancellation not less than two (2) business days prior to the scheduled inspection. Section 4. This ordinance shall take effect upon publication. Passed, approved, and adopted this 15t" day of May, 2023. Attest: Adrienne N. Breitfelder, City Clerk EFFECT OF AMENDMENT 14-1J-1: INTERNATIONAL PROPERTY MAINTENANCE CODE ADOPTED: That a certain document, copies of which are on file in the Offices of the Housing and Community Development Department, being marked and designated as the International Property Maintenance Code, 2021 edition, as published by the International Code Council, be and is hereby adopted as the Dubuque Property Maintenance Code, for regulating and governing the conditions and maintenance of all property, buildings, and structures; by providing the standards for supplied utilities, facilities, and other physical things and conditions essential to ensuring that structures are safe, sanitary, and fit for occupancy and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions, and terms of said Dubuque Property Maintenance Code are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions, and changes, if any, prescribed in section 14-1 J-2 of this article. 14-1J-2: INTERNATIONAL PROPERTY MAINTENANCE CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the International Property Maintenance Code, 2021 edition, adopted in section 14-1J-1 of this article to read as follows: Section 101.1 Title. Amended to read: 101.1 Title. These regulations shall be known as the Property Maintenance Code of the City of Dubuque, hereinafter referred to as "this code." Section 103.1 Creation of enforcement agency. Amended to read: 103.1 Creation of enforcement agency. The Inspection & Construction Services Division is hereby created and the official in charge thereof shall be known as the code official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code. Section 104.1. Fees. Amended to read: 104.1. Fees. The fees for activities and services performed by the Inspection & Construction Services Division will be established by the city council. Any unpaid penalty, fine, fee, or interest shall constitute a lien on the real property and may be collected in the same manner as a property tax. Prior to filing a lien, the City shall send a notice of intent to file a lien to the owner of the property by first class mail to such owner's personal or business mailing address. Section 109.2 Notice of violation. Amended to read: 109.2 Notice of violation. The code official shall serve a notice of violation or order in accordance with Section 111.4 of this code. A notice of violation is not required in every situation and city staff may issue a municipal infraction without previously issuing a notice of violation. Such notice shall be deemed to be properly served where a copy thereof is served in accordance with any of the methods of service in section 111.4.2 or by first-class mail to the last known address of the owner or the owner's authorized agent. Section 109.5. Abatement of Violation. Amended to read: 109.5. Abatement of Violation, Escrow Established. A. Abatement of Violation. The imposition of the penalties herein described shall not preclude legal action by the City to restrain, correct, or abate a violation, or to prevent illegal occupancy of a building, structure, or premises, or to stop an illegal act, conduct, business, or utilization of the building, structure, or premises. B. Escrow System Established. 1. Pursuant to the authority granted in Iowa Code 364.17, the City hereby creates an escrow system for the deposit of rent which will be applied to the costs of correcting violations of the codes applicable to residential rental housing in the City of Dubuque. 2. No rent shall be recoverable by the owner, the owner's authorized agent, or the lessor of any dwelling which does not comply with the codes applicable to residential rental housing in the City of Dubuque until such time as the dwelling does comply with the applicable codes. 3. If other methods have failed, the code official may contract to have work done as necessary to remedy violations of the applicable codes at a residential rental property, the cost of which shall be assessed to the owner or lessor and constitute a lien on the property; or be paid using the funds deposited into the escrow system for the cost of correcting violations. 4. Escrow Order and Payment Requirement: a. An escrow order will be sent by certified mail, return receipt requested, to the owner, the owner's authorized agent, or the lessor, the first lienholder, and the tenant. A copy will be posted at the premises. b. Upon receipt of an escrow order, tenants shall pay their rent to the City which will hold the funds in escrow as provided herein. When rent is placed in escrow, neither the owner, the owner's authorized agent, nor the lessor may recover rent from the tenant. C. The effective date of the escrow order is fourteen (14) days from the date of the order. d. A first lienholder may submit proof of an "Assignment of Rents" to the City. The City will adjust the escrow order to limit escrow collection of rents to the amount above the amount of the monthly mortgage payment due to the first lienholder. Unless otherwise required by law, the lienholder shall be responsible for collecting rents below the escrow amount. e. The owner, the owner's authorized agent, the lessor, or the first lienholder may appeal an escrow order to the Housing Appeals and Mediation Board. f. If the Housing Appeals and Mediation Board adjusts or overturns the escrow order, the funds so adjusted shall be released to the owner, the owner's authorized agent, or the lessor and shall be payable within fourteen (14) days. 5. An escrow order shall be stayed pending an appeal by an owner, the owner's authorized agent, or the lessor. 6. The City shall develop a policy outlining the parameters and procedures for initiation of an escrow order. Such policy shall be on file with the Inspection and Construction Service Division and available to the public for review. Section 107 Means of Appeal. Amended to read: Section 107 Means of Appeal. 107.1 General Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the applicable board of appeals, provided a written application for appeal is filed within 20 days after the day the decision, notice, or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. Section 108 Board of Appeal. Amended to read: Section 108 Boards of Appeals 108.1 General. There will be two boards for hearing appeals on matters covered by the Dubuque Property Maintenance Code. 1. The Building Code Advisory and Appeal Board will hear appeals of decisions or determinations made by the code official relative to interpretation of this code. The Building Code Advisory and Appeal Board will use the provisions of 14-1A-6 of the City of Dubuque Code of Ordinances for the handling of appeals. 2. The Housing Appeals and Mediation Board will hear appeals regarding repair deadlines, nuisance abatement orders, and landlord/tenant disputes regarding property access, nuisance abatement, and rent abatement. The Housing Appeals and Mediation Board will use the provisions of 14-1 J-7 of the City of Dubuque Code of Ordinances for the handling of appeals. Section 202. Definitions. Amended to add definitions for building official and modify the definition of code official: Building Official. See "Code Official". Code Official. The officer, officers, or other designated authorities charged with the administration and enforcement of this code, or any duly authorized representative. Any reference to building official in this code refers to code official. Habitable Space. Space in a structure for living, sleeping, or eating. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces. Section 302.3. Sidewalks And Driveways. Amended to read: 302.3. Sidewalks And Driveways. Sidewalks, walkways, stairs, driveways, parking spaces, and similar areas shall be kept in a proper state of repair and maintained free from hazardous conditions. Hazardous conditions are any condition stated in the City of Dubuque's Standards for Defective Sidewalks/Approaches. Snow/ice removal shall comply with section 302.3.1 of this code. 302.3.1 Snow/Ice Removal. The owner of the premises shall be responsible for snow/ice removal from sidewalks, walkways, stairs, driveways, parking spaces, and similar areas immediately after the snowfall ends and no longer than 24 hours after the snow event. Exception: Pursuant to Iowa Code § 562A.15, a landlord may enter into an agreement, in certain circumstances, with a tenantfor maintenance in which case the tenant will be responsible for complying with this section. Upon request of the city, a landlord must provide a copy of the written agreement to the code official. Responsibility for a violation will default to the property owner if the requested documentation is not provided within five (5) days of the date of service of the notice of violation. Section 302.4. Weeds. Amended to read: 302.4. Weeds. Premises and exterior property shall be maintained in accordance with section 6-8-2 of the City of Dubuque Code of Ordinances. Exception: Pursuant to Iowa Code § 562A.15, a landlord may enter into an agreement, in certain circumstances, with a tenant for maintenance in which case the tenant will be responsible for complying with section 6-8-2 of the City of Dubuque Code of Ordinances. Upon request of the city, a landlord must provide a copy of the written agreement to the code official. Responsibility for a violation will default to the property owner if the requested documentation is not provided within five (5) days of the date of service of the notice of violation. Section 302.8. Motor Vehicles. Amended to read: 302.8. Motor Vehicles. See sections 16-7-1-3 and 16-14-5 of the City of Dubuque Code of Ordinances. Section 303.2. Enclosures. Amended to read: 303.2 Enclosures. All private swimming pools, hot tubs, and spas, which are capable of containing water more than 24 inches (610 mm) in depth, shall be completely surrounded by a fence or barrier not less than 48 inches (1219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self -closing and self - latching. Where the self -latching device is less than 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self -closing and self -latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. An existing pool enclosure shall not be removed, replaced, or changed in a manner that reduces its effectiveness as a safety barrier. Section 304.2. Protective Treatment. Amended to read: 304.2. Protective Treatment. Exterior surfaces, including but not limited to doors, door and window frames, cornices, porches, trim, balconies, decks, and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay - resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking, or chipped paint shall be eliminated and surfaces repainted, regardless of whether any such surface consists of or contains decay -resistant wood. For avoidance of doubt, once an exterior wood surface consisting of or containing decay -resistant wood has been painted, the paint must be maintained as provided in this code. Siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors, and skylights, shall be maintained weather resistant and water tight. Metal surfaces subject to rust or corrosion shall be coated to inhibit such rust or corrosion. Oxidation stains and rust shall be removed from exterior surfaces when oxidation stains or rust compromises the function of the building component to perform as designed. Surfaces designed for stabilization by oxidation are exempt from this requirement. Section 304.3. Address Identification. Amended to add: Exception: The fire official may approve nonconforming address identification. Section 304.14. Insect Screens. Insert: May 1 to November 1. Section 304.18.1. Doors. Amended to read: 304.18.1. Doors. Doors providing access to a dwelling unit, rooming unit, or housekeeping unit that is rented, leased or let shall be equipped with a lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge, or special effort. Such locks shall be installed according to the manufacturer's specifications and maintained in good working order. Section 305.3. Interior Surfaces. Amended to read: 305.3. Interior Surfaces. A. Interior surfaces, including windows and doors, shall be maintained in good, clean, and sanitary condition. Peeling, chipping, loose, flaking, or abraded paint shall be repaired, removed, or covered. Cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected. B. All residential properties receiving federal assistance must be in compliance with the Lead Safe Housing Rule at 24 CFR 35 and the Lead -Based Paint Poisoning Prevention Act at 42 USC 4822. The owner of federally assisted units must provide certification that the dwelling is in accordance with said regulations. If the federally assisted unit was constructed prior to 1978, upon occupancy a notice must be provided which outlines the lead -based paint regulations, the hazards of lead -based paint poisoning, the symptoms and treatment of lead poisoning, and the precautions to be taken against lead poisoning. C. All residential property must comply with the Residential Lead -Based Paint Hazard Reduction Act of 1992, requiring the disclosure of known information on lead -based paint and lead -based paint hazards before the sale or lease of certain housing built before 1978. Section 308.2.1. Rubbish Storage Facilities. Amended to add: Exception: Pursuant to Iowa Code §562A.15 a landlord may enter into an agreement, in certain circumstances, with a tenant for maintenance in which case the tenant will be responsible for compliance with this provision. Upon request of the city, a landlord must provide a copy of the written agreement to the . Responsibility for a violation will default to the property if the requested documentation is not provided within five (5) days of the date of service of the notice of violation. Section 404.4.2. Deleted. Section 404.4.3. Water Closet Accessibility. Amended to read as follows: 404.4.3. Water Closet Accessibility. Every bedroom in a dwelling uni' shall have access to not less than one water closet and lavatory located in the same story as the bedroom or an adjacent story. Section 602.3. Heat Supply. Insert: September 15 to May 15. Section 602.4. Occupiable Work Spaces. Insert: September 15 to May 15. Section 602.5. Room Temperature Measurement. Amended to read: 602.5. Room Temperature Measurement. The required room temperatures shall be measured three (3) feet (914 mm) above the floor, at an interior wall. Section 605.2. Receptacles. Amended to add: Exception: In lieu of every habitable space in a dwelling containing two separate and remote receptacle outlets, one receptacle and a separate permanently installed light fixture is allowable. Section 702.4. Emergency escape openings. Amended to read: 702.4. Emergency escape and rescue openings. Basements, habitable attics, and every sleeping room shall not have less than one operable emergency escape and rescue opening. Where basements contain one or more sleeping rooms, an emergency escape and rescue opening shall be required in each sleeping room. Emergency escape and rescue openings shall open directly into a public way, or to a yard or court having a minimum width of 36 inches (914 mm) that opens to a public way. Emergency escape and rescue openings shall have minimum dimensions in accordance with 702.4.1 through 704.2.3 of this code. 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. 702.4.1 Minimum size. Emergency escape and rescue openings shall have a net clear opening of not less than 4.0 square feet (0.370 m2). 702.4.2 Minimum dimensions. The minimum net clear opening height dimension shall be 22 inches (558 mm). The minimum net clear opening width dimension shall be 20 inches (508 mm). The net clear opening dimensions shall be the result of normal operation of the opening. 702.4.3 Maximum height from floor. Emergency escape and rescue openings shall have the bottom of the clear opening not greater than 48 inches (1219 mm) above the floor. Exception: An existing finished sill height may exceed 48 inches (1219 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 bottom of the clear opening shall not exceed 36 inches (914 mm). The platform shall extend outward from the wall a minimum of 18 inches (457 mm) and shall be a minimum of 36 inches (914 mm) wide or as wide as the clear openable width of the window, whichever is greater, or another approved method/platform. b. The building is equipped with smoke alarms installed in accordance with Section R314 of the International Residential Code in one- and two- family dwellings, or Section 907.2.10 of the International Building Code for all other structures, regardless of the valuation of the alteration. Appendix A- Do not adopt. Appendix B - Do not adopt 14-1J-3: RENTAL LICENSES: M. Licensed Rental Units: 1. All rental units are subject to regular inspection and follow up re -inspection as necessary. 2. Not less than seven (7) calendar days prior to a scheduled inspection, the City will mail to the license holder or the license holder's authorized representative, by regular mail, notice of the date and time of the scheduled inspection. If the license holder or an authorized representative of the license holder is not present at the time of the scheduled inspection, and the inspector is unable to obtain entry to the rental unit, a second inspection will be scheduled. The license holder shall be responsible for notifying all affected tenants of each scheduled inspection. a. The license holder may cancel a scheduled inspection once without payment of a rescheduling fee, provided the city manager or the city manager's designee is notified of the cancellation not less than two (2) business days prior to the scheduled inspection. Prepared by: Jason Lehman, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 26-23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE K INTERNATIONAL EXiSITING BUILDING CODE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1 K-1 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1 K-1: INTERNATIONAL EXISTING BUILDING CODE ADOPTED: Except as hereinafter added to, deleted, modified or amended, there is hereby adopted by reference as the existing building code of the City that certain existing building code known as the International Existing Building Code, 2021 edition, published by the International Code Council, and the provisions of such existing building code shall be controlling for all matters covered by such existing building code within the corporate limits of the City and shall be known as the Dubuque Existing Building Code. A copy of the international Existing Building Code, 2021 edition, as adopted, shall be on file in the Office of the City Clerk for public inspection. Section 2. Section 14-1 K-2 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1 K-2: INTERNATIONAL EXISTING BUILDING CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the International Existing Building Code, 2021 edition, adopted in section 14-1 K-1 of this article to read as follows: Section 101.1 Title. Amended to read: 101.1 Title. These regulations shall be known as the Dubuque Building Code, hereinafter referred to as "this code." Section 103.1 Creation Of Enforcement Agency. Amended to read: 103.1 Creation Of Enforcement Agency. There is hereby established in the City the Inspection & Construction Services Division, which shall be under the jurisdiction of the code official. Section 105.5 Expiration. Amended to read: 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is completed within one year after its issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than 180 days each. Each extension shall be requested in writing and justifiable cause demonstrated. Section 112 Means of Appeals. Replaced with: See City of Dubuque Code of Ordinances section 14-1 A-6. Section 505.3 Replacement window emergency escape and rescue opening. Amended to read: 505.3 Replacement window emergency escape and rescue openings. Where windows are required to provide emergency escape and rescue openings in Group R-2 and R-3 occupancies regulated by the International Building Code and one - and two-family dwellings and townhouses regulated by the International Residential Code, replacement windows shall be permitted to have minimum dimensions in accordance with Sections 505.3.1 through 505.3.4 of this code, provided 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; Provided that the replacement window shall be of a style that provides for the largest net clear window opening area in the existing frame or existing rough opening. 2. The replacement window is not part of a change of occupancy. Section 505.3.1 Minimum size. Amended to read: 505.3.1 Minimum size. Emergency escape and rescue openings shall have a net clear opening of not less than 4.0 square feet (0.372 m2). Section 505.3.2 Minimum dimensions. Amended to read: 505.3.2 Minimum dimensions. The minimum net clear opening height dimension shall be 22 inches (558 mm). The minimum net clear opening width dimension shall be 20 inches (508 mm). The net clear opening dimensions shall be the result of normal operation of the opening. Section 505.3.3 Maximum height from floor. Amended to read: 505.3.3 Maximum height from floor. Emergency escape and rescue openings shall have the bottom of the clear opening not greater than 48 inches (1219 mm) above the floor. Exception: An existing finished sill height may exceed 48 inches (1219 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 bottom of the clear opening shall not exceed 36 inches (914 mm). The platform shall extend outward from the wall a minimum of 18 inches (457 mm) and shall be a minimum of 36 inches (914 mm) wide or as wide as the clear openable width of the window, whichever is greater, or another approved method/platform. b. The building is equipped with smoke alarms installed in accordance with Section R314 of the International Residential Code in one and two- family dwellings, or Section 907.2,10 of the International Building Code for all other structures, regardless of the valuation of the alteration. Section 505.4 Bars, grilles, covers or screens. Amended to read: 505.4 Bars, grilles, covers, or screens. Bars, grilles, covers, screens, or similar devices are permitted to be placed over emergency escape and rescue openings, bulkhead enclosures, or window wells that serve such openings, provided all of the following conditions are met: 1. Such devices shall be releasable or removable from the inside without the use of a key, too[, or force greater than that which is required for normal operation of the escape and rescue opening. 2. Where such devices are installed, they shall not reduce the net clear opening of the emergency escape and rescue openings. 3. Smoke alarms shall be installed in accordance with Section R314 of the International Residential Code in one and two-family dwellings, or Section 907.2.10 of the International Building Code for all other structures, regardless of the valuation of the alteration. Section 702.5 Replacement window emergency escape and rescue opening. Amended to read: 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 regulated by the International Building Code and one - and two-family dwellings and townhouses regulated by the International Residential Code, replacement windows shall be permitted to have minimum dimensions in accordance with Sections 702.5.1 through 702.5.4 of this code, provided 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. 2. The replacement window is not part of a change of occupancy. Section 702.5.1 Minimum size. Amended to read: 702.5.1 Minimum size. Emergency escape and rescue openings shall have a net clear opening of not less than 4.0 square feet (0.372 m2). Section 702.5.2 Minimum dimensions. Amended to read: 702.5.2 Minimum dimensions. The minimum net clear opening height dimension shall be 22 inches (558 mm). The minimum net clear opening width dimension shall be 20 inches (508 mm). The net clear opening dimensions shall be the result of normal operation of the opening. Section 702.5.3 Maximum height from floor. Amended to read: 702.5.3 Maximum height from floor. Emergency escape and rescue openings shall have the bottom of the clear opening not greater than 48 inches (1219 mm) above the floor. Exception: An existing finished sill height may exceed 48 inches (1219 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 bottom of the clear opening shall not exceed 36 inches (914 mm). The platform shall extend outward from the wall a minimum of 18 inches (457 mm) and shall be a minimum of 36 inches (914 mm) wide or as wide as the clear openable width of the window, whichever is greater, or another approved method/platform. C. The building is equipped with smoke alarms installed in accordance with Section R314 of the International Residential Code in one and two- family dwellings, or Section 907.2.10 of the International Building Code for all other structures, regardless of the valuation of the alteration. Section 3. This ordinance shall take effect upon publication. Passed, approved, and adopted this 15th day of May, 2023. Brad f1�Ca nagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk EFFECT OF AMENDMENT 14-1 K-1: INTERNATIONAL EXISTING BUILDING CODE ADOPTED: Except as hereinafter added to, deleted, modified or amended, there is hereby adopted by reference as the existing building code of the City that certain existing building code known as the International Existing Building Code, 2021 edition, published by the International Code Council, and the provisions of such existing building code shall be controlling for all matters covered by such existing building code within the corporate limits of the City and shall be known as the Dubuque Existing Building Code. A copy of the International Existing Building Code, 2021 edition, as adopted, shall be on file in the Office of the City Clerk for public inspection. 14-1 K-2: INTERNATIONAL EXISTING BUILDING CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the International Existing Building Code, 2021 edition, adopted in section 14-1 K-1 of this article to read as follows: Section 101.1 Title. Amended to read: 101.1 Title. These regulations shall be known as the Dubuque Building Code, hereinafter referred to as "this code." Section 103.1 Creation Of Enforcement Agency. Amended to read: 103.1 Creation Of Enforcement Agency. There is hereby established in the City the Inspection & Construction Services Division, which shall be under the jurisdiction of the code official. Section 105.5 Expiration. Amended to read: 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is completed within one year after its issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than 180 days each. Each extension shall be requested in writing and justifiable cause demonstrated. Section 112 Means of Appeals. Replaced with: See City of Dubuque Code of Ordinances section 14-1 A-6. Section 505.3 Replacement window emergency escape and rescue opening. Amended to read: 505.3 Replacement window emergency escape and rescue openings. Where windows are required to provide emergency escape and rescue openings in Group R-2 and R-3 occupancies regulated by the International Building Code and one - and two-family dwellings and townhouses regulated by the International Residential Code, replacement windows shall be permitted to have minimum dimensions in accordance with Sections 505.3.1 through 505.3.4 of this code, provided 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; Provided that the replacement window shall be of a style that provides for the largest net clear window opening area in the existing frame or existing rough opening. 2. The replacement window is not part of a change of occupancy. Section 505.3.1 Minimum size. Amended to read: 505.3.1 Minimum size. Emergency escape and rescue openings shall have a net clear opening of not less than 4.0 square feet (0.372 m2). [•Y�iC.7i1E.71I��►� �11'1Pi11Piir u - � . � _�iLairC�[%7�r� 505.3.2 Minimum dimensions. The minimum net clear opening height dimension shall be 22 inches (558 mm). The minimum net clear opening width dimension shall be 20 inches (508 mm). The net clear opening dimensions shall be the result of normal operation of the opening. Section 505.3.3 Maximum height from floor. Amended to read: 505.3.3 Maximum height from floor. Emergency escape and rescue openings shall have the bottom of the clear opening not greater than 48 inches (1219 mm) above the floor. Exception: An existing finished sill height may exceed 48 inches (1219 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 bottom of the clear opening shall not exceed 36 inches (914 mm). The platform shall extend outward from the wall a minimum of 18 inches (457 mm) and shall be a minimum of 36 inches (914 mm) wide or as wide as the clear openable width of the window, whichever is greater, or another approved method/platform. b. The building is equipped with smoke alarms installed in accordance with Section R314 of the International Residential Code in one and two- family dwellings, or Section 907.2.10 of the International Building Code for all other structures, regardless of the valuation of the alteration. Section 505.4 Bars, grilles, covers or screens. Amended to read: 505.4 Bars, grilles, covers, or screens. Bars, grilles, covers, screens, or similar devices are permitted to be placed over emergency escape and rescue openings, bulkhead enclosures, or window wells that serve such openings, provided all of the following conditions are met- 1 . Such devices shall be releasable or removable from the inside without the use of a key, tool, or force greater than that which is required for normal operation of the escape and rescue opening. 2. Where such devices are installed, they shall not reduce the net clear opening of the emergency escape and rescue openings. 3. Smoke alarms shall be installed in accordance with Section R314 of the International Residential Code in one and two-family dwellings, or Section 907.2.10 of the International Building Code for all other structures, regardless of the valuation of the alteration. Section 702.5 Replacement window emergency escape and rescue opening. Amended to read: 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 regulated by the International Building Code and one- and two-family dwellings and townhouses regulated by the International Residential Code, replacement windows shall be permitted to have minimum dimensions in accordance with Sections 702.5.1 through 702.5.4 of this code, provided 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. 2. The replacement window is not part of a change of occupancy. Section 702.5.1 Minimum size. Amended to read: 702.5.1 Minimum size. Emergency escape and rescue openings shall have a net clear opening of not less than 4.0 square feet (0.372 m2). Section 702.5.2 Minimum dimensions. Amended to read: 702.5.2 Minimum dimensions. The minimum net clear opening height dimension shall be 22 inches (558 mm). The minimum net clear opening width dimension shall be 20 inches (508 mm). The net clear opening dimensions shall be the result of normal operation of the opening. Section 702.5.3 Maximum height from floor. Amended to read: 702.5.3 Maximum height from floor. Emergency escape and rescue openings shall have the bottom of the clear opening not greater than 48 inches (1219 mm) above the floor. Exception: An existing finished sill height may exceed 48 inches (1219 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 bottom of the clear opening shall not exceed 36 inches (914 mm). The platform shall extend outward from the wall a minimum of 18 inches (457 mm) and shall be a minimum of 36 inches (914 mm) wide or as wide as the clear openable width of the window, whichever is greater, or another approved method/platform. C. The building is equipped with smoke alarms installed in accordance with Section R314 of the International Residential Code in one and two- family dwellings, or Section 907.2.10 of the International Building Code for all other structures, regardless of the valuation of the alteration. 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: 05/19/2023 and for which the charge is 119.69 a,C16(-, G Sdbscribed to before me, a Notary Public in d for Dubuque County, Iowa, this 19th day of May, 2023 v nNotary 1t'ublic in and for Dubuque County, Iowa. ptAL JANET K. PAPE zo Commission Number 199659 My Commission Expires row*. 12/11/2025 Ad text: CITY OF DUBUQUE OFFICIAL PUBLICATION ORDINANCE NO. 21-23 AMENDING -CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE A BUILDING CODE AND REGULATIONS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1A-1 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1A-1: INTERNATIONAL BUILDING CODE ADOPTED: Except as hereinafter added to, deleted, modified, or amended, there is hereby adopted by reference as the building code of the City that certain building code known as the International Building Code, 2021 edition, and as published by the International Code Council, and the provisions of such building code shall be controlling in the construction of buildings and other structures and in all matters covered by such building code within the corporate limits of the City and sh 'all" be known as the "Dubuque Building Code". A copy of the International Building Code, 2021 edition, as adopted, shall be on file in the Office of the City Clerk for public inspection. Section 2. Section 14-1A-2 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1A-2: INTERNATIONAL BUILDING CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the International Building Code, 2021 edition, adopted in section 14-1A-1 of this article to read as follows: Section 101:1. Title. Amended to read: These regulations shall be known as the Dubuque Building Code, hereinafter referred to as this code. Section 103.1. Creation of enforcement agency. Amended to read: 103.1 Creation of enforcement agency. The Inspection & Construction Services Division is hereby cn-,ated and the official in charge thereof shall be known as the Building Official. The function of this agency shall be the implementation, administration, and enforcement of the provisions of this code. Section 105.5. Expiration, Amended to read: 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is completed within one year after its issuance. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods of not more than one hundred eighty (180) days each. Each extension shall be requested in writing and justifiable case demonstrated. Sections 113.1 through 113.3 replaced with City of Dubuque Code of Ordinances section 14-1A-6. Section 114. Violations. Amended to read: 114.1 Unlawful Acts. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, iinprove, remove, convert or demolish, equip, use, occupy 'or maintain any building or structure or cause or fv-rfnit thesame to be done in violation of this code. The doing of any act, or the omission of any act, declared to be unlawful by this code, or any code or ordinance herein adopted by reference, shall be deemed a separate offense for • each day or portion thereof during which any such unlawful act is committed, pontinued, or permitted and upon conviction, shall be punishable as provided in title 1 of the City Code of ----Ordinances. The penalty herein provided shall be cumulative with and in addition to the revocation, cancellation, or forfeiture of any license or permit elsewhere in this code provided for violation thereof. A notice of violation is not required in every situation and City staff,may issue a municipal infraction without previously issuing a notice of violation. Section 116. Unsafe Structures And Equipment. Amended to read: 116 Unsafe Structures And Equipment. All buildings or structures regulated by. this code which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life are, for the purpose of this Section, unsafe. Any use of buildings or structures constituting a hazard to safety, health, pr public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage, or abandonmentis, for the purposes of this Section, an unsafe use. Any parapet wall, cornice, spire, tower, tank, statuary, or other appendage or structural member which is supported by; attached to, or a part of a building and which is in deteriorated condition or otherwise unable to sustain the design loads which are specified in this code is, for the purposes of this Section, hereby designated as an unsafe building appQndage. All such,unsafe buildings, structures, or appendages are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures set forth in title 14, chapter 3 of the Code of Ordinances. Section 202. Definitions. Amendment to "building official" and inclusion of "code official": iilding Official. See "Code Official". Code Official. The officer or other designated authority charged with the administration and enforcement of this code or a duly authorized representative thereof. Any reference to "Building Official" in this code shall have the same meaning "Code Official". Section 903.3.1.1.1. Exempt Locations. Amended to read: 903.3.1.1.1 Exempt Locations. Automatic sprinklers shall not be required in the following rooms or areas where such rooms or areas are protected with an approved automatic fire detection system, in accordance with Section 907.2 of this code, that will respond to visible or invisible particles of combustion. Sprinklers shall not be omitted from a room or area merely because the room or area is damp, of fire -resistance -rated construction, or contains electrical equipment. 1. "A room or area where the application of water, or flame and water, constitutes a serious life or fire hazard. 2."A room or area where sprinklers are considered undesirable because of the nature of the contents, where • approved by the fire code official. 3. Generator and transformer rooms separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire -resistance rating of not - • --less than 2 hours. 4 . ^ Rooms or areas that are of noncombustible construction with wholly noncombustible contents. 5 , ^Fire service access elevator machine rooms and machinery spaces. 6, ^Machine rooms, machinery spaces, control rooms and control spaces associated with occupant evacuation elevators designed in accordance with Section 3008. Section 1031.3.2 Minimum dimensions. Amended to read: 1031.3.2 Minimum dimensions, The minimum net clear opening height dimension shall be 24 inches (610 mm) . The minimum net clear opening width dimension shall be 20 inches (508 mm). The net clear opening dimensions shall be the result of normal operation of the opening, Exception: Replacement windows 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, provided that 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 and shall have a minimum net clear opening width of 20 inches (508 mm), a minimum net clear opening height of 22 inches (559 mm), and a minimum net clear opening of 4.0 TfirTre feet (0,372 square meters). 2. ^The replacement window is not part of a change of occupancy or use. Section 1031.3.3. Maximum height from floor. Amended to read: 1031.3.3 Maximum height from floor. Emergency escape and rescue openings shall have the bottom of the clear opening not greater than 44 inches (1118 mm) as measured from the floor. Exception The bottom of the clear opening 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 bottom of the clear opening shall not exceed 36 inches (914 mm) . The platform shall extend outward from the wall a minimum of 18 iliCiie (457 mm) and shall be a minimum of 36 inches (914 mm) wide or as wide as the clear openable width of the window, whichever is greater, or another approved method/platform. b. ^The emergency escape or rescue window shall comply with section 1031.3.2. Section 3. This ordinance shall take effect upon publication. Passed, approved, and adopted this 15th day of May, 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of May, 2023. /s/Adrienne l`T Breitfelder, CMC, City Clerk l t 5/19 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: 05/19/2023 and for which the charge is 123.24 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 19th day of May, 2023 Notary Puin and for Dubuque County, Iowa. 0 JANET K. PAPE Commission Number 199659 * My Commission Expires /o w ►: 12/11/2025 Ad text : CITY OF DUBUQUE OFFICIAL PUBLICATION ORDINANCE NO. 22-23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE B RESIDENTIAL CODE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1B-1 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1B-1: INTERNATIONAL RESIDENTIAL CODE ADOPTED: Except as hereinafter added to, deleted, modified, or anxiicled, there is hereby adopted by reference as the residential building code of the City that certain building code known as the International Residential Code, 2021 edition, and as published by the International Code Council, and the provisions of such building code shall be controlling in the construction, remodeling, maintenance, repair, and reconstruction of one- and two-family residential buildings and in all matters covered by such building code within the corporate limits of the City and shall be known as the "Dubuque Residential Building Code". A copy of the International Residential Code, 2021 edition, as adopted, shall be on file in the Office of the City Clerk for public inspection. ,Section 2. Section 14-1B-2 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1B-2: INTERNATIONAL RESIDENTIAL CODE AMENDMENTS The following, additions, deletions, modifications, or amendments of the International Residential Code, 2021 edition, adopted in section 14-1B-1 of this article to read as i'61164s: Section R101,1 Title. Amended to read: R101.1 Title: These provisions shall be known as the Dubuque Residential Building Code of the City of Dubuque, and shall be cited as such 'and will be referred to herein as this code. Section R103.1 Creation Of Enforcement Agency. Amended to read: R103.1. Creation Of Enforcement Agency. There is hereby established in the city the Inspection & Construction Services Division, which shall be under the jurisdiction of the code official. Section R10.5 Expiration. Amended to read: R105.5. Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is completed within one year after its issuance, The code official is authorized to grant, in writing, one or more extensions of time, for periods not to exceed 180 days for each such approved extension. The extensions shall be rmilsted in writing and justifiable cause demonstrated. Section R112.1 through R112.4 replaced with City of Dubuque Code of Ordinances section 14-1A-6. Section R113 Violations. Amended to read R113. Violtions. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any building or structure or cause or permit the same to be done in violation of this code. • The doing of any act, or the omission of any act, declared to be unlawful by this code, or any code or ordinance herein `• • • es adopted by reference shall be deemed a separate offense for each and every day, or portion thereof during which any such unlawful act is committed, continued, or permitted to continue and upon conviction shall be punishable as provided in title 1 of the City Code of Ordinances. The penalty herein provided shall be cumulative with and in addition to the revocation, cancellation, or forfeiture of any license or permit elsewhere in this code provided for violation thereof. A notice of violation is not required in every situation and city staff may issue a municipal infraction without previously issuing a notice of violation. Section R202 Definitions. Amendment to "building official" --and inclusion of "code official": Building Official. See "Code Official". Code Official. The officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative. Any reference to building official in..,thcode refers to code official. Section R 310.1. Emergency escape and rescue opening required. -Amended to Read: R310.1,, Emergency escape and rescue opening required. Basements, habitable attics and every sleeping room shall have not less than one _operable emergency escape arid._ rescue__ opening. .where basements contain one or more sleeping rooms, an emergency escape and rescue opening shall be required in each sleeping room. Emergency escape and rescue openings shall open directly into a public way, or to a yard or court having a minimum width of 36 inches (914 mm) that opens to a public way. Exceptions: 1. "Storm shelters and basements used only to house --mechanical equipment not exceeding a total floor area of 200 square feet (18.58 m2). 2. "where the dwelling unit or townhouse unit is equipped with an automatic sprinkler system installed in accordance with Section P2904 of this coc leeping rooms in basements shall not be, required to have emergency escape and rescue openings provided that the basement has one of the following: 2.1. ^One means of egress complying with Section R311 and one emergency escape and rescue opening. 2.2. ^Two means of egress complying with Section R311. 3 . ^A yard shall not be required to open directly into a public way where the yard opens to an unobstructed path from the yard to the public way. Such path shall have a width of not less than 36 inches (914 mm). 4. ^Basements without bedrooms that provide a second stairway that terminates in a room separate from the first stairway. Section R310.5 Replacement windows for emergency escape and 'rescue openings. Amended to read: R310.5 Replacement windows for emergency escape and rescue openings shall be permitted to have minimum dimensions in accordance with Sections R310.5.1 through R310.5.3 of this code, provided 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. 2. ^The replacement window is not part of a change of occupancy. R310.5.1 Minimum size. Emergency escape and rescue openings shall have a net clear opening of not less than 4,0 square feet (0,37 m2) . R310, 5.2 Minimum dimensions. The minimum net clear opening height dimension shall be 22 inches (558 mm) . The minimum net clear opening width dimension shall be 20 inches (508 mm) . The net clear opening dimensions shall be the result of normal operation of the opening. R310.5.3 Maximum height from floor. Emergency escape and rescue openings shall have the bottom of the clear opening not greater than 48 inches (1219 mm) above the floor. Exception: An existing finished sill height may exceed 48 inches (1219 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 bottom of the clear opening shall not exceed 36 inches (914 mm) . The platform shall extend outward from the wall a minimum of 18 inches (457 mm) and shall be a minimum of 36 inches (914 mm) wide or as wide as the clear openable width of the window, whichever is greater, or another approved method/platform. b. ^The building is equipped with smoke alarms installed in accordance with section R314 of this code. Section R313 Automatic Fire Sprinkler Systems. Deleted. Section N1101.14 (R401.3) Certificate (Mandatory). Deleted. 'Section N 1102.4.1.2 (R402.4.1.2) Testing. Deleted. Section N 1103.3.4 (R403.3.4) Duct Leakage (Prescriptive) . Deleted. ' Section Ni103 , 3.5 (R403.3.5) Building Cavities (Mandatory) . Amended to read: ,.7 1 '03.3.7 (R403,3.7). Building Cavities (Mandatory) . Exterior building framing cavities shall not be used as ducts or plenums. Section P2504Dwelling Unit Fire Sprinkler Systems. Deleted. Chapter 29. Deleted. Chapter' 30 Sanitary Drainage. Deleted. Part III. Electrical is hereby amended by deleting chapters 34-43 in their' entirety, Appendix A - Do not adopt Appendix B' 7 Do not adopt Appendix C, - Do not adopt Appendix D - Do not adopt Appendix E - Do not adopt 'Appendix F Do not adopt Appendix G - Do not adopt Appendix H .- po not adopt Appendix I - Do not adopt Appendix J - Do not adopt Appendix K - Do not adopt Appendix' L - Do not adopt Appendix M - Do not adopt Appendix N -a Do not adopt Appendix 0 - Do not adopt Appendix P Do not adopt Appendix Q - Adopt Appendix R - Do not adopt Appendix S - Do not adopt Appendix T - Do not adopt Section 3. This ordinance shall take effect upon publication. Passed, approved, and adopted this 15th day of May, 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on ---the 19th day of May, 2023. /s/Adrienne N. Breitfelder, CMC, City Clerk It 5/19 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 =sir.-»1. tion 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: 05/19/2023 and for which the charge is 209.75 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 19th day of May, 2023 a JANET K. PAPE z° 7 Commission Number 199659 IOW% • My Commission Expires 12/11/2025 • Ad text : CITY OF DUBUQUE OFFICIAL PUBLICATION ORDINANCE NO. 23-23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE E FIRE CODE AND REGULATIONS NOW, THEREFORE, B1 IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1E-1 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 144E-1: INTERNATIONAL FIRE CODE ADOPTED Except as hereinafter added to, deleted, modified, or amended, the International Fire Code, 2021 edition, as promulgated by the International Code Council, is hereby adopted by reference from the effective date hereof. • A copy of the International Fire Code, 2021 edition, is on file at the fire headquarters for public inspection. Section 2, Section 14-1E-2 of the City of Dubuque Code of Ordinances i.kereby amended to read as follows: 1.4-1E-2: INTERNATIONAL FIRE CODE AMENDMENTS The following additions, deletions, modifications, or amendments of the International Fire Code, 2021 edition, adopted in section 144E-1 of this article to read as follows: Section 101.1 Title. Arnended to read: 101.1 Title, These regulations shall be known as the Dubuque Fire Code, hereinafter referred to as this code. Section 102.6 Historic Buildings. Amended to read: 102.6 Historic Buildings. Repairs, alterations, and additions to a historic building shall comply with the provisions of the Dubuque Existing Building Code. Section 105.5 Required operational permits. Amended to read: 105.5 Required operational permits. The fire code official '19 thoriied to issue operational permits for the operations set forth in Sections 105.5.2 through 105.5.52 of this code. It shall be unlawful for any person, firm, or corporation to use a building or premises or engage in any activity for which a permit is required by the Dubuque Code of Ordinances without first having obtained such permit. Section 111 replaced with City of Dubuque Code of Ordinances section 14-1A-6. Section 308.1,4 Open -flame cooking devices, Amended to read: Charcoal burners and other open -flame cooking devices shall not be located, stored, or operated on combustible balconies or within 10. feet (3,048 mm) of combustible construction. Exceptions: 1. "One- and two-family dwellings. 2."Where buildings, balconies, and decks are protected by an automatic sprinlder system. 3. "LP -gas cooking devices having LP -gas container with a water capacity not greater than 2 * pounds [nominal 1 pound 1(6:454 kg) LP -gas capacity]. Section 505.1 Address Identification. Amended to read: 505.1 Address Identification, New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast ;?* • with their background. Address numbers shall be Arabic numerals or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 4 inches (102 mm) high with a minimum stroke width of 1/2 inch (12.7 mm) . Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole, or other sign or means shall be used to identify the structure. Address identification shall be maintained. 505 1.1 Interior room numbers. New and existing buildings shall be provided with approved room and suite identification. The room and suite identification shall be placed in a position that is plainly legible and visible. Identification; characters shall contrast with their background. Section 506.1 Where Required. Amended to read: 506.1 Where Required. An approved key box shall be required on all commercial and residential structures that contain off -site monitored fire,_alarm and/or sprinkler systems or where access to or within a structure or an area is restricted because of secured openings. Where immediate access is necessary for life-saving or fire -fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type listed in accordance with UL 1037 and shall contain keys txo gain necessary access as required by the fire cocle official. 59,6,i 1.2 Key boxes for fire service elevator keys. Amended to read: 506.1.2 Key boxes for fire service elevator keys. Approved key boxes shall be provided for fire service elevator keys shall comply with Section 506.1 of this code and all of the following:f . usein the jurisdiction and approved by the fire code official. 2. "The front cover shall be permanently labeled with the words "FIRE DEPARTMENT USE ONLY." 3. "The key box shall be mounted at each elevator bank at the lobby nearest to the lowest level of fire department access. 4. "The key box shall be mounted 5 feet 6 inches (1,676 mm) above the finished floor to the right side of the elevator bank. 5 . " Contents of each key box shall be the building master key, fire service elevator keys, recall keys, and additional ___elevator access tools, keys, and information pertinent to emergency planning or elevator access as determined necessary by the fire code official. 6. RIn buildings with two or more elevator banks, a single key box shall be permitted to be used where such elevator banks are located on the same floor and separated by not more than 30 feet (9,144 mm). Additional key boxes shall be provided for each individual elevator or elevator bank separated by more than 30 feet (9,144 mm) . Section 604.6 Elevator Keys. Amended to read: 604.6 Elevator Keys. All elevators shall be provided elevator car door and fire-fighter service keys in accordance with Sections 606.6.1 through 604.6.4 of this code. 604.6.1 Elevator key location. Keys for the elevator car doors and fire-fighter service keys shall be kept in an approved key box in an approved location in accordance with Section 506.1,2 of this code. 604.6.2 Requirements for fire service elevator keys. Fire service elevator keys shall comply with all of the following: 1. 'Fire service elevator keys shall be of a patent -protected design to prevent unauthorized duplication. 2. Fire service elevator keys shall be factory restricted by the manufacturer to prevent the unauthorized distribution of key blanks. Uncut key blanks shall not be permitted to leave the factory. 3."Fire service elevator keys subject to these rules shall be engraved with the words "DO NOT DUPLICATE." 604,6,3 Access to fire service keys. Access to fire service elevator keys shall be restricted to the following: 1. "Elevator owners or their authorized agents. 2. 'Elevator contractors. 1"Elevator inspectors of the jurisdiction, 4. "Fire code officials of the jurisdiction, 5, "The fire department and other emergency response agencies designated by the fire code official: 604.6.4 ReSponsibility to provide keys. The building owner shall provide one set of keys for each approved key box for fire service elevator key required by Section 506.1.1 of this code. Section 606.2 Where Required. Amended to read: 606.2 Where Required. A Type I hood shall be installed at or above all commercial cooking appliances and domestic cooking appliances used for commercial purposes that produce grease vapors, including but not limited to cooking equipment used in fixed, mobile, or temporary concessions, such as trucks, buses, trailers, pavilions, or any form of roofed enclosure, as required by the fire code official. Exceptions: 1. "Factory -built commercial exhaust hoods that are listed and labeled in accordance with UL 710, and installed in aeevrdance with Section 304,1 of the Dubuque Mechanical Code, shall not be required to comply with Sections 507.1.5, 507.2,3., 5074.5, 507.2.8, 507.3.1, 507.3.3, 507.4 and 507.5 of the Dubugild Mechanical Code. 2.^Factory-built commercial cooking recirculating systems that are listed and labeled in accordance with UL 710B, and installed in accordance with Section 304,1 of the Dubuque Mechanical Code, shall not be required to comply with Sections 507.1.5, 507.2.3, 507.2.5, 507.2.8, 507.3.1, 507.3.3, 507.4, and 507.5 of the Dubuque Mechanical Code. For the purpose of determining floor area required to be ventilated, each individual appliance shall be considered as occupying not less than 100 square feet (9.3m*). ,3.^Where cooking appliances are equipped with integral down -draft exhaust systems and such appliances and exhaust systems are listed and labeled for the application in accordance with NFPA 96, a hood shall not be required at or above them. 4. AA Type I hood shall not be required for an electric c"obking appliance where an approved testing agency provides documentation that the appliance effluent contains 5 mg/m3 or less of grease when tested at an exhaust flow rate of 500 cfm (0.236 m3/s)in accordance with UL 710B, , Section 903.3.1.1.1 Exempt Locations. Amended to read: 903.3.1.1.1 Exempt Locations. Automatic sprinklers shall not be required in the following rooms or areas where such rooms or areas are protected with an approved automatic fire detection system in accordance with section 907.2 of this code that will respond to visible or invisible particles of combustion. Sprinklers shall not be omitted from a room merely because it is damp, of fire -resistance -rated construction, or contains electrical equipment. 1. "A room where the application of water, or flame and water, constitutes a serious life or fire hazard. 2. "A room or space where sprinklers are considered undesirable because of the nature of the contents, where approved .:'1y the fire code official. 3, "Generator and transformer rooms separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire -resistance rating of not less than 2 hours. 4. "booms or areas that are of noncombustible construction with wholly noncombustible contents. 5. "Fire service access elevator machine rooms and machinery spaces. 6. ^Automatic sprinklers shall not- be installed in elevator machine rooms, elevator machine spaces, and elevator hoistways other than pits where such sprinklers would not necessitate -- shunt trip requirements under any circumstances. Storage shall not:. be allowed within the elevator machine room. Signage shall be provided at the entry doors to the elevator machine room indicating "Elevator Machinery -No Storage Allowed". 7."Machine rooms, machinery spaces, control rooms, and control sp aoes associated with occupant evacuation elevators designed xn accordance with Section 3008 of the Dubuque Building Code. Automatic sprinklers shall not be installed in elevator hoistways other than pits where such sprinklers would not necessitate shunt trip requirements under any circumstances. Section 1028.5 Access To A Public Way. Amended to read: 1028.5 Access To A Public Way. The exit discharge pathway shall be hard surfaced and provide a direct and unobstructed access to a public way. Exception: Where access to a public way cannot be provided, a safe dispersal area shall be provided where all of the following are met: 1. The area shall be of a size to accommodate not less than 5 square feet (0.46 m2) for each person. 2. "The area shall be located on the same lot not less than 50 feet (15,240 mm) away from the building requiring egress. 3. "The area shall be permanently maintained and identified as a safe dispersal area. 4. "The area shall be provided with a safe and unobstructed path of travel from the building. 1031.3.1 Minimum size. Amended to read: Emergency escape and rescue openings shall have a minimum net clear opening of 5.7 square feet. (0.53m2) Exception: The minimum net clear opening for grade -floor emergency escape and rescue openings shall be 5 square feet. (0.46m2) 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 (508 mm), a minimum net clear openable height of 22 inches (558 mm), and a minimum net clear opening of 4.0 square feet (0.372 m2), 2."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. 3. "The replacement window is not part of a change of occupancy or use. Section 1031.3.3. Maximum height from floor. Amended to read: 1031.3.3. Maximum height from floor. iiieigency 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 finishedsill height shall not exceed 36 inches (914 mm). The platform shall extend outward from the wall a minimum of 18 inches (457 mm) and shall be at least as wide as the clear openable width of the window or other approved method/platform. b. "The emergency escape and rescue opening shall comply with section' 1031.3.2 of this code, Appendix A - Do not adopt B - Adopt Appendix C - Adopt Appendix D - Adopt Appendix E - Do not adopt Appendix P - Do not adopt Appendix 0 - Do not adopt Appendix H - Do not adopt Appendix I - Do not adopt Appendix J - Do not adopt Appendix K - Do not adopt Appendix L - Do not adopt • Appendix IVI`- Do not adopt Section 3. Section 14-1E-3 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1E-3: RESERVED: Section 4. Section 14-1E-4 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1E-4: EMERGENCIES: Where a situation requires immediate decision, that of the fiCe. chief shall be final and conclusive. Section 5. Section 14-1E-5 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1 E-5 : SPECIAL CONDITIONS: The fire chief in matters of fire prevention shall have full power to exercise judgment in a reasonable and proper manner and rule accordingly on all special cases in regard to any of the matters and things treated in this code relating to fire hazards not specifically covered thereby. Section 6. This ordinance shall take effect upon publication. Passed, approved, and adopted this 15th day of May, 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of May, 2023. /s/Adrienne N. Breitfelder, CMC, City Clerk It 5/19 �� 4 STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher ww one 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: 05/19/2023 and for which the charge is 57.28 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 19th day of May, 2023 Notary P in and for Dubuque County, Iowa. JANET K. PAPE Commission Number 199659 My Commission Expires 12/11/2025 Ad text : CITY OF DUBUQUE OFFICIAL PUBLICATION ORDINANCE NO. 24-23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE F MECHANICAL CODE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1F-1 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1F-1: INTERNATIONAL MECHANICAL CODE ADOPTED: Except as hereinafter added to, deleted, modified, or amended, there is hereby adopted by reference as the mechanical code of the City that certain mechanical code known as the International Mechanical Code, 2021 edition, as published by the International Code Council, and the pEnvjsions of such mechanical code shall be controlling for the installation, maintenance, and use of heating, ventilating, cooling, refrigeration systems, incinerators, and other miscellaiieous heat -producing appliances within the corporate limits of the City and shall be known as the Dubuque Mechanical Code. A copy of the International Mechanical Code, 2021 edition, as adopted, shall be on file in the Office of the City Clerk for public inspection. Section 2, Section 14-1F-2 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1F-2: INTERNATIONAL MECHANICAL CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the International Mechanical Code, 2021 edition, adopted in section 14-1F-1 of this article to read as follows: Section 101.1 Title. Amended to read: 101.1 Title. These regulations shall be known as the Dubuque Mechanical Code, hereinafter referred to as "this code." Section 103.1 Creation of enforcement agency. Amended to 103.1 Creation of enforcement agency. The Inspection & Construction Services Division is hereby created and the official in charge thereof shall be known as the code official. The 'function of the agency shall be the implementation, administration, and enforcement of the provisions of this code. Section 108 Violations. Amended to read: Section 108. Violations And Penalties. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, use, occupy, or maintain any building or structure or Cause or permit the same to be done in violation of this code. The doing of any act, or the omission of any act, declared to be unlawful by this code, or any code or ordinance herein adopted by reference, shall be deemed a separate offense for each and every 'day during which any such unlawful act is committed, continued, or permitted to continue and upon 'ddiiViction shall be punishable as provided in title 1 of the City Code of Ordinances. The penalty herein provided shall be cumulative with and in addition to the revocation, cancellation, 'or forfeiture of any license or permit elsewhere in this code provided for violation thereof. A notice of violation is not required in every situation and city staff may issue a municipal infraction without previously issuing a notice of violation. Section 113 Means Of Appeal. Amended to read: 113.1 Means of Appeals. See City of Dubuque Code of Ordinances section 14-1A-6 Section 114. Board of Appeals. Amended to read: 114,1 Board of Appeals. See city of Dubuque code of ordinances section 14-1A-6 Section 202 Definitions. Amendment to "building official" and inclusion of "code official": Building Official. See "Code Official". Code Official. The officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative. Any reference to "building official" in this code refers to "code official". Section 3. This ordinance shall take effect upon publication. Passed, approved, and adopted this 15th day of May, 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of May, 2023. s rienne N. Breitfelder, CMC, City Clerk lt5/19 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: 05/19/2023 and for which the charge is 269.39 Subscribed to before me, a Notary Public -in and Dubuque County, Iowa, this 19th day of May, 2023 Notary Pub in and for Dubuque Cou ty, Iowa. Ats1AL JANET K. PAPE i r Commission Number 199659 My Commission Expires lows 12/11/2025 for Ad text : CITY OF DUBUQUE OFFICIAL PUBLICATION ORDINANCE NO. 25-23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE J PROPERTY MAINTENANCE CODE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1J-1 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1J-1: INTERNATIONAL PROPERTY MAINTENANCE CODE ADOPTED That a certain document, copies of which are on file in the Offices of the Housing and Community Development Department, being marked and designated as the International Property Maintenance Code, 2021 edition, as published by the International Code Council, be and is hereby adopted as the Dubuque Property Maintenance Code, for regulating and governing the conditions and maintenance of all property, buildings, and structures; by providing the standards for supplied utilities, facilities, and other physical things and conditions essential to ensuring that structures are safe, sanitary, and fit for occupancy and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein prc,,ided; 'providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions, and terms of said Dubuque Property Maintenance Code are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions, and changes, if any, prescribed in section 14-1J-2 of this article. Section 1. Section 14-1J-2 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1 J-2 : INTERNATIONAL PROPERTY MAINTENANCE CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the International Property Maintenance Code, 2021 edition, adopted in section 14-1J-1 of this article to read as follows: Section 101.1 Title. Amended to read: 101.1 Title. These regulations shall be known as the Property Maintenance Code of the City of Dubuque, hereinafter referred to as this code. 6- rion 103.1 Creation of enforcement agency. Amended to read: 103.1" Creation of enforcement agency. The Inspection & Construction` Services Division is liereby created and the official in charge thereof shall be known as the code official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code. Section 104.1. Fees. Amended to read: 104.1. Fees. The fees for activities and services performed by the Inspection & Construction Services Division will be established by the city council. Any unpaid penalty, fine, fee, or interest shall constitute a lien on the real property and may be collected in the same manner as a property tax. Prior to :filing a lien, the City shall send a notice of intent to file a lien to the owner of the property by first class mail to such owner's personal or business mailing address. Section 109.2 Notice .of violation. Amended to read: 109.2 Notice of violation. The code official shall serve a notice of violation or order in accordance with Section 111.4 of this code. A notice of violation is not required in every situation and city staff may issue a municipal infraction without previously issuing a notice of violation. Such notice shall be deemed -tole pr lyerv-ed where a copy thereof is served in accordance with any of the methods of service in _section 111.4.2 or by first-class mail to the last known address of the owner or the owners authorized agent. Section 109.5. Abatement of Violation. Amended to read: 109.5. Abatement of Violation, Escrow Established. A. "Abatement of Violation. The imposition of the penalties herein described shall not preclude legal action by the City to restrain, correct, or abate a violation, or to prevent illegal occupancy of a building, structure, or premises, or to stop an illegal act, conduct, business, or utilization of the building, structure, or premises. B. "Escrow System Established. 1. "Pursuant to the authority granted in Iowa Code 364.17, the City hereby _creates an escrow system for the deposit of rent which will be applied to the costs of correcting violations of the codes applicable to residential rental housing in the City of Dubuque. 2. "No rent shall be recoverable by the owner, the owners authorized agent, or the lessor of any dwelling which does not comply with the codes applicable to residential `rental housing in the City of Dubuque until such time as the dwelling does comply with the applicable codes. 3. "If other methods have failed, the code official may contract tohave work done as necessary to remedy violations of the applicable codes at a residential rental property, the cost of which, shall be assessed to the owner or lessor and constitute. a .lien. on the property; or be paid using the funds deposited . into the escrow system for the cost of correcting VIC) ations. 4. "Escrow Order and Payment Requirement: a. "An escrow order will be sent by certified mail, return receipt requested, to the owner, the owner's authorized agent, or the lessor, the first lienholder, and the tenant. A copy will be posted at the premises. b. "Upon receipt of an escrow order, tenants shall pay their rent to the City which will hold the funds in escrow as provided herein. When rent is placed in escrow, neither the owner, the owner's authorized agent, nor the lessor may recover rent from the tenant. c . "The effective date of the escrow order is fourteen (14) days from the date of the order. d. "A first lienholder may submit proof of an "Assignment of Rents" to the City. The City will adjust the escrow order to limit escrow collection of rents to the amount above the amount of the monthly mortgage payment due to the first lienholder. Unless otherwise required by law, the lienholder shall be responsible for collecting rents below the escrow amount. e, "The owner, the owners authorized agent, the lessor, or the first lienholder may appeal an escrow order to the Housing Appeals and Mediation Board, f. "If the dousing Appeals and Mediation Board adjusts or overturns the escrow order, the funds so adjusted shall be released to the owner, the owners authorized agent, or the lessor and shall be payable within fourteen (14) days. 5."An escrow order shall be stayed pending an appeal by an owner, the owners authorized agent, or the lessor, 6."The City shall develop a policy outlining the parameters and procedures for initiation of an escrow order. Such policy shall be.on file with the Inspection and Construction Service Division and.,available to the public for review. Section 107 Means of Appeal. Amended to read: Section 107 Means of Appeal. 107.1 General Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the applicable board of appeals, provided a written application for appeal is filed 20 days after the day the decision, notice, or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. Section 108 Board of Appeal. Amended to read: • Section 108 Boards of Appeals 108.1 General. There will be two boards for hearing appeals on matters covered by the Dubuque Property Maintenance Code. 1."The Building Code Advisory and Appeal Board will hear appeals of deaisions or determinations made by the code official relative to interpretation of this code. The Building Code Advisory and Appeal Board will use the provisions of 14-1A-6 of the City of Dubuque Code of Ordinances for the handling of appeals. 2."The Housing Appeals and Mediation Board will hear appeals regarding repair deadlines, nuisance abatement orders, and 14-iZord/tenant disputes regarding property access, nuisance abatement, and rent abatement. The Housing Appeals and Mediation Board will use the provisions of 14-1J-7 of the City of Dubuque Oode of Ordinances fol. the handling of appeals. Section 202. Definitions. Amended to add definitions for building official and modify the definition of code official: • Building Official. See "Code Official". Code Official. The officer, officers, or other designated authorities charged with the administration and enforcement of this code, or any duly authorized representative. Any reference to building official in this code refers to code official. Habitable Space. Space in a structure for living, sleeping, or eating. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces. • Section 302.3. Sidewalks And Driveways. Amended to read: 302.3. Sidewalks And Driveways. Sidewalks, walkways, stairs, driveways, parking spaces, and similar areas shall be kept in al3Y4er state of repair and maintained free from hazardous conditions. Hazardous conditions are any condition stated in the City of Dubuques Standards fo Defective Sidewalks/Approaches. Snow/ice removal shall comply with section 302.3.1 of this code. 302.3,1 Snow/Ice Removal. The owner of the premises shall be responsible for snow/ice removal from sidewalks, walkways, stairs, driveways, parking spaces, and similar areas immediately after the snowfall ends and no longer than 24 hours after the snow event. Exception: Pursuant to Iowa Code * 562A.15, a landlord may enter into an agreement, in certain circumstances, with a tenant for maintenance in which case the tenant will be responsible for complying with this section. Upon request of the citalandlard m t provide a copy of the written agreement to ,the code official. Responsibility for a violation will default to the property owner if the requested documentation is not provided within five (5) days of the date of ,service of the notice of violation. Section 302.4. Weeds. Amended to read: 302.4. Weeds. Premises and exterior property shall be maintained in accordance with section 6-8-2 of the City of Dubuque Code of Ordinances. Exception: Pursuant to Iowa Code * 562A.15, a landlord may enter into an agreement, in certain circumstances, with a tenant for maintenance in which case the tenant will be responsible for complying with section 6-8-2 of the City of Dubuque Code of Ordinances. Upon request of the city, a landlord must provide a copy of the writtemagreement__to the code official. Responsibility for a violation will default to the property owner if the requested documentation is not provided within five (5) days of the date of service of the notice of violation. Section 302.8. Motor Vehicles. Amended to read: 3 02.8 . Motor Vehicles. See sections 16-7-1-3 and 16-14-5 of the 'City of Dubuque Code of Ordinances. Section 303.2. Enclosures. Amended to read: 303.2 Enclosures. All private swimming pools, hot tubs, and spas, which are capable of containing water more than 24 inches (610 mm) in depth, shall be completely surrounded by a fence or barrier not less than 48 inches (1219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be -self -closing and self4at-c-hig: Where the self -latching device is less than 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self -closing and self -latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. An existing pool enclosure shall not be removed, replaced, or changed in a manner that reduces its effectiveness as a safety barrier. Section 304.2. Protective Treatment. Amended to read: 304.2. Protective Treatment. Exterior surfaces, including but not limited to doors, door and window frames, cornices, porches, trim, balconies, decks, and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay -resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking, or chipped paint shall be eliminated and surfaces repainted, regardless of whether any such surface consists of or contains decay -resistant wood. For avoidance of doubt, once an exterior wood surface consisting of or containing decay -resistant wood has been painted, the paint must be maintained as provided in this code. Siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors, and skylights, shall be maintained weather resistant and water tight. Metal surfaces subject to rust or corrosion shall be coated to inhibit such rust or corrosion. Oxidation stains and rust shall be removed trom exterior surfaces when oxidation stains or rust compromises the function of the building component to perform as designed. Surfaces designed for stabilization by oxidation are exempt from this requirement. Section 304.3. Address Identification. Amended to add: Exception: The fire official may approve nonconforming address identification. Section 304.14. Insect Screens. Insert: May 1 to November 1. Section 304.18.1. Doors. Amended to read: 304.18.1. Doors. Doors providing access to a dwelling unit, rooming unit, or housekeeping unit that is rented, leased or let shall be equipped with a lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge, or special effort. Such locks shall be installed according to the manufacturer's specifications and maintained in good working order. Section 305.3. Interior Surfaces. Amended to read: 305.3, Interior Surfaces. -A7Inter. ior surfaces, including windows and doors, shall be maintained in good, clean, and sanitary condition. Peeling, chipping, loose, flaking, or abraded paint shall be repaired, removed, or covered. Cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected. B."All residential properties receiving federal assistance must be in compliance with the Lead Safe Housing Rule at 24 CFR 35 and the Lead -Based Paint Poisoning Prevention Act at 42 USC 4822, The owner of federally assisted units must provide certification that the dwelling is in accordance with said regulations. If. the federally assisted unit was constructed prior to 1978, upon occupancy a notice must be provided which outlines the lead -based paint regulations, the hazards of lead -based paint poisoning, the symptoms and treatment of lead poisoning, and the precautions to be taken against lead poisoning. C.^All residential property must comply with the Residential Lead -Based Paint Hazard Reduction Act of 1992, requiring the --1::,:losurd of known information on lead -based paint and lead -based paint hazards before the sale or lease of certain housing built before 1978. Section 308'..1. Rubbish Storage Facilities. Amended to add: Exception: Pursuant to Iowa Code *562A.15 a landlord may enter into an agreement, in certain circumstances, with a tenant for maintenance in which case the tenant will be responsible for compliance with this provision. Upon request of the city, a landlord must provide a copy of the written agreement. Responsibility for a violation will default to the property owner if the requested documentation is not provided within five (5) days of the date of service of the notice of violation. Section 404.4.2. Deleted. Section 404.4.3, Water Closet Accessibility. Amended to read as follows: 404,4.3. Water Closet Accessibility. Every bedroom in a dwelling unit shall have access to not less than one water ciasei, and lavatory located in the same story as the bedroom or an adjacent story. Section 602.3. Heat Supply. Insert: September 15 to May 15. Section 602.4. Occupiable Work Spaces. Insert: September 15 to May 15. Section 602.5, Room Temperature Measurement. Amended to read: 602.5. Room Temperature Measurement, The required room temperatures shall be measured -three (3) ee 9-14 mm) above the floor,. at an interior wall. Section 605.2. Receptacles. Amended to add: Exception: In lieu of every habitable space in a dwelling containing two separate and remote receptacle outlets, one receptacle and a separate permanently installed light fixture is allowable. Section 702.4. Emergency escape openings. Amended to read: 702.4, Emergency escape and rescue openings. Basements, habitable attics, and every sleeping room shall not have less than one operable emergency escape and rescue opening. Where basements contain one or more sleeping rooms, an emergency escape and rescue opening shall be required in each sleeping room. Emergency escape and rescue openings shall open directly - into_.a public_ way_,_ or_ to a_yard -or_court having a minimum width of 36 inches (914 mm) that opens to a public way. - Emergency escape and rescue openings shall have minimum dimensions in accordance with 702.4.1 through 704.2.3 of this code. 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. 702.4.1 Minimum size. Emergency escape and rescue openings shall have a net clear opening of not less than 4.0 square feet (07310 m2) . 702.4.2 Minimum dimensions. The minimum net clear opening height dimension shall be 22 inches (558 mm) . The minimum net clear opening width dimension shall be 20 inches (508 mm) . The net clear opening dimensions shall be the result of normal operation of the opening. 702.4 , 3 Maximum height from floor. Emergency escape and rescue openings shall have the bottom of the clear opening not greater than 48 inches (1219 mm) above the floor. Exception: An existing finished sill height may exceed 48 inches (1219 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 bottom of the clear opening shall not exceed 36 inches (914 mm). The platform shall extend outward from the wall a minimum of 18 inches (457 mm) and shall be a minimum of 36 inches (914 mm) wide or as wide as the clear openable width of the window, whichever is greater, or another approved method/platform. b. "The building is equipped with smoke alarms installed in accordance with Section R314 of the International Residential Code in one- and two-family dwellings, or Section 907.2.10 of the International Building Code for all other structures, regardless of the valuation of the alteration. Appendix A - Do not adopt Appendix B - Do not adopt Section 3. Section 14-1J-3 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1J-3: RENTAL LICENSES: 0 • 0 • 'Licensed Rental Units: 1. ^All rental units are subject to regular inspection and follow up re -inspection as necessary. 2. Not less than seven (7) calendar days prior to a scheduled inspection, the City will mail to the license holder or the license holders authorized representative, by regular mail, notice of the date and time of the scheduled inspection. If the license holder or an authorized representative of the license holder is not present at the time of the scheduled inspection, and the inspector is unable to obtain entry to the rental unit, a second inspection will be scheduled. The license holder shall be responsible for notifying all affected tenants of each scheduled inspection. a. The license holder may cancel a scheduled inspection once without payment of a rescheduling fee, provided the city manager or the city manager's designee is notified of the cancellation not less than two (2) business days prior to the scheduled inspection. Section 4. This ordinance shall take effect upon pdaiication. Passed, approved, and adopted this 15th day of May, 2023. is/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of May, 2023. /s/Adrienne N. Breitfelder, CMC, City Clerk lt 5/19 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: 05/19/2023 and for which the charge is 120.87 uuuscribed to before me, a` Notary Public in for Dubuque County, Iowa, this 19th day of May, 2023 Notary Pub ape in and for Dubuque County, Iowa. hp�1nt JANEl' K. PAPE- 0 Jib. 7 Commission Number 199859 My Commission Expires 12/11/2025 z Ad text : CITY OF DUBUQUE OFFICIAL PU13LICATION ORDINANCE NO. 26-23 Am -ENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE K INTERNATIONAL EXISITING BUILDING CODE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1, Section 14-1K-1 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1K-1: INTERNATIONAL EXISTING BUILDING CODE ADOPTED: Except as hereinafter added to, deleted, modified or amended, there is hereby adopted by reference as the existing building code of the City that certain existing building code known as the International Existing Building Code, 2021 edition, published by the International Code Council, and the provisions of such existing building code shall be controlling for all matters covered by such existing building code within the corporate limits of the City and shall be known as the Dubuque Existing Building Code. A copy of the International Existing Building Code, 2021 edition, as adopted, shall be on file in the Office of the City Clerk for public inspection. • .-jeaion-2. Section 14-1K-2 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1K-2: INTERNATIONAL EXISTING BUILDING CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the International Existing Building Code, 2021 edition, adopted in section 14-1K-1 of this article to read as follows: Section 101.1 Title. Amended to read: 101.1 Title. These regulations shall be known as the Dubuque Building Code, hereinafter referred to as this code. Section 103.1 Creation Of Enforcement Agency. Amended to read: 103.1 Creation Of Enforcement Agency. There is hereby established in the City the Inspection & Construction Services Division, which shall be under the jurisdiction of the code official. Section 105.5 Expiration. Amended to read: • 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is completed within one year after its issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than 180 days each. Each extension shall be requested in writing and justifiable cause demonstrated. Section 112 Means of Appeals. Replaced with: See City of Dubuque Code of Ordinances section 14-1A-6. Section 505.3 Replacement window emergency escape and rescue opening. Amended to read: 505.3 Replacement window emergency escape and rescue openings. Where windows are required to provide emergency escape and rescue openings in Group R-2 and R-3 occupancies regulated by the International Building Code and one- and two-family dwellings and townhouses regulated by the International Residential Code, replacement windows shall be permitted to have minimum dimensions in accordance with Sections 505.3.1 through 505.3.4 of this code, provided the replacement window meets the following conditions: • "The replacement window is the manufacturer's largest standard size window that will fit within the existing frame or existing rough opening; Provided that the replacement window shall be of a style that provides for the largest net clear window opening area in the existing frame or existing rough opening. 2. A The replacement window is not part of a change of occupancy. Section 505.3.1 Minimum size. Amended to read: 505.3.1 Minimum size. Emergency escape and rescue openings shall have a net clear opening of not less than 4.0 square feet (0.372 m2) Section 505.3.2 Minimum dimensions. Amended to read: 505.3.2 Minimum dimensions. The minimum net clear opening height dimension shall be 22 inches (558 mm) . The minimum net clear opening width dimension shall be 20 inches (508 mm) . The net clear opening dimensions shall be the result of normal operation of the opening. Section 505.3.3 Maximum height from floor. Amended to read: 505.3.3 Maximum height from floor. Emergency escape and rescue openings shall have the bottom of the clear opening not greater than 4BJnches_(1219_rnm) above_ the -floor. Exception: An existing finished sill height may exceed 48 inches (1219rnm) above the floor if the following conditions are met: a. "A platform capable of supporting a live load of 300 pounds shallbe 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 bottom of the clear opening shall not exceed 36 inches (914 mm), The platform shall extend outward from the wall a minimum of 18 inches (457 mm) and shall be a minimum of 36 inches (914 mm) wide or as wide as the clear openable width of the window, whichever is greater, or another approved method/platform. b. "The building is equipped with smoke alarms installed in amyl -dance withrSection-R 1 ofthe International Residential Code in one and two-family dwellings, or Section 907.2.10 of the International Building Code for all other structures, regardless of the valuation of the alteration. Section 505.4 Bars, grilles, covers or screens. Amended to read: 505.4 Bars, grilles, covers, or screens. Bars, grilles, covers, screens, or similar devices are permitted to be placed over emergency escape and rescue openings, bulkhead enclosures, or window wells that serve such openings, provided all of the following conditions are met: 1. "Such devices shall be releasable or removable from the inside without the use of a key, tool, or force greater than that which is required for normal operation of the escape and rescue opening. 2. "Where such devices are installed, they shall not reduce the net clear opening of the emergency escape and rescue openings. 3 . "Smoke alarms shall be installed in accordance with Section R314 of the International Residential Code in one and two-family dwellings, or Section 907.2.10 of the International Building Code for all other structures, regardless of the valuation of the alteration. Section 702.5 Replacement window emergency escape and rescue opening. Amended to read: 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 regulated by the International Building Code and one- and two-family dwellings and townhouses regulated by the International Residential Code, replacement windows shall be permitted to have minimum dimensions in accordance with qeotiptis 702.5.1 through 702.5.4 of this code, provided 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. 2."The replacement window is not part of a change of occupancy. Section 702.5.1 Minimum size, Amended to read: 702.5.1 Minimum size. Emergency escape and rescue openings shall have .a net clear opening of not less than 4.0 square feet (0.372 tri2). Section 702.5,2 Minimum dimensions. Amended to read: 702.5,2 Minimum dimensions. The minimum net clear opening height dimension shall be 22 inches (558 rum). The minimum net clear opening width dimension shall be 20 inches (508 mm). The net clear opening dimensions shall be the result of normal operation of the opening. -,3c*aion 702.5.3 Maximum height from floor. Amended to read: 702.5,3 Maximum height from floor. Emergency escape and rescue openings shall have the bottom of the clear opening not greater than 48 inches (1219 mm) above the floor. Exception: An existing finished sill height may exceed 48 inches (1219 mm) above the floor if the following conditions are met: a. AA 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 bottom of the clear Opening shall not exceed 36 inches (914 mm). The platform shall extend outward from the wall a minimum of 18 inches (457 mm) and shall be a minimum of 36 inches (914 mm) wide or as wide as the clear openable width of the window, whichever is greater, or another approved method/platform. c.^The building is equipped with smoke alarms installed in accordance with Section R314 of the International Residential CO -de in one and two-family dwellings, or Section 907.2.10 of the International Building Code for all other structures, regardless of the valuation of the alteration. Section 3. This ordinance shall take effect upon publication. Passed, approved, and adopted this 15th day of May, 2023, /s/Braci M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of May, 2023. /s/Adrienne N. Breitfelder, CMC, City Clerk it 5/19