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Adoption of Supplement Number 2023 S-11 to the City of Dubuque Code of OrdinancesCity of Dubuque City Council Meeting Consent Items # 014. Copyrighted July 17, 2023 ITEM TITLE: Adoption of Supplement Number 2023 S-11 to the City of Dubuque Code of Ordinances SUMMARY: City Clerk recommending City Council approval of the resolution adopting Supplement No. 2023 S-11 as part of the Code of Ordinances of the City of Dubuque. RESOLUTION Adopting Supplement No. 2023 S-11 to the Code of Ordinances of the City of Dubuque, Iowa SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type Staff Memo Staff Memo Resolution Resolutions Supplement Supporting Documentation THE CITY OF IDUB� E Masterpiece on the Mississippi Dubuque A11 Ameroea CRY 2007-2012.2013 2o17*2D19 City Clerk's Office City Hall 50 W. 13' Street Dubuque, IA 52001-4864 (563) 589-4120 office (563) 589-0890 fax ctyclerk@cityofdubuque.org www.cityofdubuque.org TO: Mayor Brad M. Cavanagh and City Council Members FROM: Adrienne N. Breitfelder, City Clerk SUBJECT: Adoption of Supplement Number 2023 S-11 to the City of Dubuque Code of Ordinances DATE: July 7, 2023 The attached resolution provides for the adoption of Supplement Number S-11 of June 2023 to the City of Dubuque Code of Ordinances, which codifies Ordinance Numbers 16- 23 through 30-23 as adopted by the City Council through June 5, 2023. Section 380.8 of the Iowa Code outlines cities code of ordinance requirements: 380.8 Code of ordinances published 1. a. A city shall compile a code of ordinances containing all the city ordinance in effect, except grade ordinances, bond ordinances, zoning map ordinances, ordinances vacating streets and alleys, and ordinances containing legal descriptions of urban revitalization areas and urban renewal areas. b. A city may maintain a code of ordinances either by compiling at least annually a supplement to the code of ordinances consisting of all new ordinances and amendments to ordinances which became effective during the previous year and adopting the supplement by resolution or by adding at least annually new ordinances and amendments to ordinances to the code of ordinances itself. Since August 17, 2009, the city has compiled supplements to the City of Dubuque Code of Ordinances consisting of all new ordinances and amendments to ordinances. Supplements are prepared on a quarterly basis by American Legal Publishing of Cincinnati, Ohio. I respectfully recommend City Council approval of the resolution adopting Supplement No. 2023 S-11 as part of the Code of Ordinances of the City of Dubuque. Prepared by Adrienne N. Breitfelder, City Clerk, 50 W. 13t' St., Dubuque, IA 52001 (563) 589-4100 Return to Adrienne N. BreitFelder, City Clerk, 50 W. 13t' St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 227-23 ADOPTING SUPPLEMENT NO. 2023 S-11 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No. 43-09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and Whereas, since August 17, 2009, the City of Dubuque, Iowa has compiled supplements to the Code of Ordinances consisting of all new ordinances and amendments to ordinances; and Whereas, Section 380.8 of the Code of Iowa provides that supplements, adopted by resolution, become part of the Code of Ordinances; and Whereas, Code Supplements are prepared by the American Legal Publishing of Cincinnati, Ohio and filed in the Office of the City Clerk of the City of Dubuque, Iowa. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 2023 S-11 to the City of Dubuque Code of Ordinances, which codifies Ordinance Nos. 16-23 through 30-23 as approved by the City Council through June 5, 2023, is hereby adopted, and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved, and adopted this 17th day of July 2023. Attest: Adrienne N. Breitfelder, City Clerk DUBUQUE, IOWA 1��--'..-: '.--'''' Instruction Sheet June 2023 - S-11 Supplement REMOVE OLD PAGES INSERT NEW PAGES VOLUME 1 Cover Page Cover Page Preface Preface Table of Contents Table of Contents (Title 9 Miscellaneous Rules) (Title 9 MisceIaneous Rules) through (Title 16) (2 pages) through (Title 16) (2 pages) VOLUME II Cover Page Cover Page Table of Contents Table of Contents (Title 9 Miscellaneous Rules) (Title 9 Miscellaneous Rules) through (Title 16) (2 pages) through (Title 16) (2 pages) Title 14 Title Analysis (1 page) Title 14 Title Analysis (1 page) 14-IA-1 through 14-1A-3 (6 pages) 14-1A-1 through 14-IA-3 (5 pages) 14-IB-1 through 14-lB-2 (7 pages) 14-113-1 through 14-1B-2 (5 pages) 14-1D-2 (83-2.... (e) ...the firm or person by the building ...) through 14-ID-3 (5 pages) 14-IF-1 through 14-1E-5 (9 pages) 14-IF-1 through 14-1F-4 (2 pages) 14-1G-1 through 14-lG-2 (2 pages) 14-1H-1 through 14-1H-7 (38 pages) 14-1J-1 through 14-0-3 (10 pages) 1 14-ID-2 (83-2.... (e) ... the firm or person by the building ... )through 14-1D-3 (6 pages) 14-1E-1 through 14-1E-5 (8 pages) 14-1F-1 through 14-1F-4 (3 pages) 14-1G (1 page) 14-114-1 through 14-1H-7 (5 pages) 14-11-1 through 14-11-3 (9 pages) K REMOVE OLD PAGES Dubuque, IA - Instruction Sheet 14-lJ-3J.3. through 14-IJ-5A.4. (3 pages) 14-1 K-1 through 14-1 K-2 (4 pages) 14-9-1 through 14-9-6 (2 pages) INDEX -B- (2 pages) BUILDING AND DEVELOPMENT through BUSINESS LICENSES GENERALLY -E- through -H- (4 pages) EROSION AND SEDIMENT CONTROL through HISTORIC BUILDINGS -I- through -L- (2 pages) ILLICIT CONNECTIONS AND DISCHARGES TO STORM SEWER SYSTEM through LIQUOR CONTROL MEMF 06.23 INSERT NEW PAGES 14-lJ-3J.3. through 14-IJ-5A.4. (4 pages) 14-1K-I through 14-IK-2 (5 pages) 14-9-1 through 14-9-6 (2 pages) -B- (2 pages) BUILDING AND DEVELOPMENT through BUSINESS LICENSES GENERALLY -E- through -H- (4 pages) EROSION AND SEDIMENT CONTROL through HISTORIC BUILDINGS -I- through -L- (2 pages) ILLICIT CONNECTIONS AND DISCHARGES TO STORM SEWER SYSTEM through LIQUOR CONTROL CITY CODE of F-11111welm Code current through: Ord. 30-23, passed 6-5-2023 Published by: AMERICAN LEGAL PUBLISHING COMPANY 525 Vine Street 4 Suite 310 4 Cincinnati, Ohio 45202 1-800-445-5588 O www.aTnlegal.co PREFACE This code of the City of Dubuque, as supplemented, contains ordinances up to and including ordinance 30-23, passed June 5, 2023. Ordinances of the City adopted after said ordinance supersede the provisions of this code to the extent that they are in conflict or inconsistent therewith. Consult the City office in order to ascertain whether any particular provision of the code has been amended, superseded or repealed. American Legal Publishing Cincinnati, Ohio June 2023 City of Dubuque TITLE 9 (cont.) Miscellaneous Rules ........... 10 School Buses ................11 Equipment ................... 12 Size, Weight And Load ......... 13 Parking ..................... 14 Impoundment Of Vehicles ....... 15 Miscellaneous City Provisions .... 16 TITLE 10 Public Ways And Property Streets, Sidewalks And Other Public Places ................. 1 Excavations...................2 Encroachments On Public Places .. 3 Waste Collection Receptacles . 3A Newsracks ................ 3B Projecting Signs ............ 3C Other Encroachments ........ 3D Sidewalk Cafes ............. 3E Mailboxes ................. 3F Parades, Assemblies And Special Events ................ 4 Parks And Recreation ........... 5 Administration .............. 5A Use Regulations ............ 5B Specific Parks, Open Spaces And Trails ................. 5C Railroads ..................... 6 Boats, Boating And Waterfront Structures ...................7 Valet Drop Off Parking; Permit Requirements ........... 8 TITLE 11 Rights -Of -Way Nonfranchised Communications Systems In The Public Right -Of -Way ................. 1 Cable Right -Of -Way Regulations .. 2 Cable Communications ....... 2A Open Video Systems ........ 2B Cable Television ............... 3 Cable And Video Service Providers ............... 3A Community Teleprogramming Commission (Rep. by Ord. 5-12, 2-6-2012) ........ 3B Cable Regulatory Commission (Rep. by Ord. 5-12, 2-6-2012) . 3C Gas Franchise ................. 4 Electric Franchises ............. 5 Interstate Power And Light Company ................. 5A Maquoketa Valley Electric Cooperative ............... 5B Procedure For Licensing Electric Transmission Line Companies ............... 6 Small Cell Aesthetic Guidelines ... 7 Fiber To The Home/ Business Aesthetics Guidelines ................... 8 TITLE 12 Airport Administration And Enforcement ... 1 General Regulations ............ 2 Airport Zoning Regulations ....... 3 Airport Commission ............. 4 Airport Zoning Commission ....... 5 Airport Zoning Board Of Adjustment ................... 6 TITLE 13 Public Utilities Water Use And Service .......... 1 Connections ............... 1A Water Meters .............. I February 2022 City of Dubuque TITLE 13 (cont.) Rates .................... 1C Cross Connection Control ..... 1 D Sewers And Sewage Disposal .... 2 Discharge Regulations ....... 2A Private Disposal Systems; Private Haulers ............ 28 Rates .................... 2C Industrial Pretreatment Program .................. 2D Fats, Oils And Greases (FOG) Program ............ 2E Gas Main Connections .......... 3 Stormwater Management ........ 4 Illicit Connections And Discharges To Storm Sewer System ...................... 5 Solid Waste ................... 6 City Or Private Collection Service ................... 6A TITLE 14 Building And Development Building Codes ................ 1 Building Code And Regulations . 1A Residential Code ............ 1 B Energy Conservation Code .... 1 C Electrical Code ............. 1 D Fire Code And Regulations .... 1 E Mechanical Code ........... 1 F Fuel Gas Code (Rep. by Ord. 27-23, 5-15-2023) .......... 1 G Plumbing Code ............. 1 H Accessibility Code For Readily Achievable Changes ......... 11 Property Maintenance Code .... 1J International Existing Building Code .................... 1K Building Construction, Demoli- tion And Moving ............... 2 Dangerous Buildings ............ 3 Licensing Of Vacant And/Or Abandoned Buildings ........... 4 June 2023 Historic Buildings .............. 5 Historic Preservation (Rep. by Ord. 52-09, 10-19-2009) ........ 6 Condominium Conversions And Transfers To Multiple Housing Cooperative ........... 7 Exterior Storage Containers And Storage Trailers ........... 8 Swimming Pools ............... 9 Signs (Rep. by Ord. 52-09, 10-19-2009).................10 Flood Areas ................. 11 Erosion And Sediment Control ... 12 Solar Thermal Licenses ........ 13 Solar Thermal System Permits And Inspections .............. 14 Water ......................15 TITLE 15 Planning And Zoning Comprehensive Plan ............ 1 Long Range Planning Advisory Commission .................. 2 TITLE 16 Unified Development Code PART I. GENERAL PROVISIONS Title, Purpose And General Provisions ...................1 Definitions .................... 2 PART ll. LAND USE REGULATIONS Land Use General Provisions ..... 3 Nonconformities ...............4 Zoning Districts ................ 5 Overlay Districts ............... 6 Supplemental Use Regulations .... 7 City of Dubuque of Code current through: Ord. 30-23, passed 6-5-2023 Published by: AMERICAN LEGAL PUBLISHING COMPANY 525 Vine Street O Suite 310 4 Cincinnati, Ohio 45202 1-800-445-5588 -0- www.amle a¢ l.com TITLE 9 (cont.) Miscellaneous Rules ........... 10 School Buses ................11 Equipment ................... 12 Size, Weight And Load ......... 13 Parking .....................14 Impoundment Of Vehicles ....... 15 Miscellaneous City Provisions .... 16 TITLE 10 Public Ways And Property Streets, Sidewalks And Other Public Places ................. 1 Excavations ................... 2 Encroachments On Public Places .. 3 Waste Collection Receptacles . 3A Newsracks ................ 3B Projecting Signs ............ 3C Other Encroachments ........ 3D Sidewalk Cafes ............. 3E Mailboxes ................. 3F Parades, Assemblies And Special Events ................ 4 Parks And Recreation ........... 5 Administration .............. 5A Use Regulations ............ 5B Specific Parks, Open Spaces And Trails ................. 5C Railroads ..................... 6 Boats, Boating And Waterfront Structures ...................7 Valet Drop Off Parking; Permit Requirements ........... 8 TITLE 11 Rights -Of -Way Nonfranchised Communications Systems In The Public Right -Of -Way ................. 1 Cable Right -Of -Way Regulations .. 2 Cable Communications ....... 2A Open Video Systems ........ 2B Cable Television ............... 3 Cable And Video Service Providers ............... 3A Community Teleprogramming Commission (Rep. by Ord. 5-12, 2-6-2012) ........ 3B Cable Regulatory Commission (Rep. by Ord. 5-12, 2-6-2012) . 3C Gas Franchise ................. 4 Electric Franchises ............. 5 Interstate Power And Light Company ................. 5A Maquoketa Valley Electric Cooperative ............... 5B Procedure For Licensing Electric Transmission Line Companies ............... 6 Small Cell Aesthetic Guidelines ... 7 Fiber To The Home/ Business Aesthetics Guidelines ................... 8 TITLE 12 Airport Administration And Enforcement ... 1 General Regulations ............ 2 Airport Zoning Regulations ....... 3 Airport Commission ............. 4 Airport Zoning Commission ....... 5 Airport Zoning Board Of Adjustment ................... 6 TITLE 13 Public Utilities Water Use And Service .......... 1 Connections ............... 1A Water Meters .............. I February 2022 City of Dubuque TITLE 13 (cont.) Rates .................... 1C Cross Connection Control ..... 1 D Sewers And Sewage Disposal .... 2 Discharge Regulations ....... 2A Private Disposal Systems; Private Haulers ............ 2B Rates .................... 2C Industrial Pretreatment Program .................. 2D Fats, Oils And Greases (FOG) Program ............ 2E Gas Main Connections .......... 3 Stormwater Management ........ 4 Illicit Connections And Discharges To Storm Sewer System ...................... 5 Solid Waste ................... 6 City Or Private Collection Service ................... 6A TITLE 14 Building And Development Building Codes ................ 1 Building Code And Regulations . 1A Residential Code ............ 1 B Energy Conservation Code .... 1C Electrical Code ............. 1 D Fire Code And Regulations .... 1 E Mechanical Code ........... 1F Fuel Gas Code (Rep. by Ord. 27-23, 5-15-2023) .......... 1 G Plumbing Code ............. 1 H Accessibility Code For Readily Achievable Changes ......... 11 Property Maintenance Code .... 1J International Existing Building Code .................... 1K Building Construction, Demoli- tion And Moving ............... 2 Dangerous Buildings ............ 3 Licensing Of Vacant And/Or Abandoned Buildings ........... 4 June 2023 Historic Buildings .............. 5 Historic Preservation (Rep. by Ord. 52-09, 10-19-2009) ........ 6 Condominium Conversions And Transfers To Multiple Housing Cooperative ........... 7 Exterior Storage Containers And Storage Trailers ........... 8 Swimming Pools ............... 9 Signs (Rep. by Ord. 52-09, 10-19-2009) .................10 Flood Areas ................. 11 Erosion And Sediment Control ... 12 Solar Thermal Licenses ........ 13 Solar Thermal System Permits And Inspections .............. 14 Water ......................15 TITLE 15 Planning And Zoning Comprehensive Plan ............ 1 Long Range Planning Advisory Commission .................. 2 TITLE 16 Unified Development Code PART I. GENERAL PROVISIONS Title, Purpose And General Provisions ...................1 Definitions .................... 2 PART II. LAND USE REGULATIONS Land Use General Provisions ..... 3 Nonconformities ...............4 Zoning Districts ................ 5 Overlay Districts ............... 6 Supplemental Use Regulations .... 7 City of Dubuque TITLE 14 BUILDING AND DEVELOPMENT Subject Chapter Building Codes ................................ 1 Building Code And Regulations .................. 1A Residential Code ............................. 1 B Energy Conservation Code .................... 1C Electrical Code ............................. 1 D Fire Code And Regulations ..................... 1 E Mechanical Code ............................ 1F Fuel Gas Code (Rep. by Ord. 27-23, 5-15-2023) ... 1G Plumbing Code ............................. 1 H Accessibility Code For Readily Achievable Changes .................................. 11 Property Maintenance Code .................... 1J International Existing Building Code .............. 1K Building Construction, Demolition And Moving ........ 2 Dangerous Buildings ............................ 3 Licensing Of Vacant And/Or Abandoned Buildings ..... 4 Historic Buildings .............................. 5 Historic Preservation (Rep. by Ord. 52-09, 10-19-2009)..................................6 Condominium Conversions And Transfers To Multiple Housing Cooperative .................... 7 Exterior Storage Containers And Storage Trailers ..... 8 Swimming Pools ............................... 9 Signs (Rep. by Ord. 52-09, 10-19-2009) ............ 10 Flood Areas.................................11 Erosion And Sediment Control ................... 12 Solar Thermal Licenses ........................ 13 Solar Thermal System Permits And Inspections ...... 14 Water......................................15 June 2023 City of Dubuque City of Dubuque 14-1A-1 14-1A-2 CHAPTER 1 BUILDING CODES ARTICLE A. BUILDING CODE AND REGULATIONS SECTION: 14-1A-1: International Building Code Adopted 14-1A-2: International Building Code Amendments 14-1A-3: Permit Issuance Prohibited During Contemplation Or Consideration Of Zoning Reclassification Or Zoning Or Subdivision Text Amendments 14-1A-4: Demolition Permits In Conservation Districts 14-1A-5: Exterior Security And Appearance Of Buildings 14-1A-6: Building Code Advisory And Appeal Board 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. (Ord. 40-19, 9-3-2019; amd. Ord. 21-23, 5-15-2023) 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'. June 2023 City of Dubuque 14-1A-2 14-1A-2 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 14-1A-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, 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, June 2023 City of Dubuque 14-1 A-2 14-1A-2 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. June 2023 City of Dubuque 14-1A-2 14-1A-2 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 June 2023 City of Dubuque 14-1 A-2 14-1 A-2 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. The emergency escape or rescue window shall comply with section 1031.3.2. (Ord. 33-20, 9-21-2020; amd. Ord. 21-23, 5-15-2023) 14-1A-3: PERMIT ISSUANCE PROHIBITED DURING CONTEMPLATION OR CONSIDERATION OF ZONING RECLASSIFICATION OR ZONING OR SUBDIVISION TEXT AMENDMENTS: The building official of the City is hereby prohibited from issuing a building permit for real property for which action is contemplated or has been initiated for a change in the zoning classification of the property or a text amendment of the Zoning or Subdivision Ordinances. The prohibition shall be from the date of the filing of the application with the Planning Services Department until the date of final action of the City Council upon such zoning reclassification or text amendment, including publication as provided by law where the reclassification or amendment is adopted by the City Council. The City Council may, by one or more resolutions, waive this prohibition in whole or in part. (Ord. 21-16, 6-6-2016, eff. 7-1-2016) June 2023 City of Dubuque City of Dubuque 14-1 B-1 14-1 B-2 CHAPTER1 BUILDING CODES ARTICLE B. RESIDENTIAL CODE SECTION: 14-1 B-1: International Residential Code Adopted 14-1B-2: International Residential Code Amendments 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. (Ord. 41-19, 9-3-2019; amd. Ord. 22-23, 5-15-2023) 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 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." June 2023 City of Dubuque 14-1 B-2 14-1 B-2 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 14-1A-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 'bode 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. June 2023 City ofDubugue 14-1 B-2 14-1 B-2 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: June 2023 City of Dubuque 14-1 B-2 14-1 B-2 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 clearwindow opening area in the existing frame orexisting rough opening. 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. June 2023 City of Dubuque 14-1 B-2 14-1 B-2 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 Vill "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 (Ord. 41-19, 9-3-2019; amd. Ord. 22-23, 5-15-2023) June 2023 City of Dubuque City of Dubuque 14-1 D-2 14-1 D-2 the firm or person by the building services department of the city under other pertinent city ordinances. (f) The maximum number of state of Iowa licensed apprentice electricians or state of Iowa licensed unclassified persons that may be supervised by a licensed city of Dubuque or state of Iowa master, journeyman, or maintenance electrician shall not exceed one to one (1:1). The supervision ratio of this section need not apply to apprenticeship classroom training. 83-3. Classes Of Dubuque Electrical License. (a) One (1) class of license is hereby established and certificates thereof shall be renewed only uponthe direction of the Building Code Advisory and Appeals board. This class shall be designated respectively as: Electrical maintenance license shall entitle the holder thereof to undertake, within the corporate limits of the city of Dubuque, the work of installing, servicing, maintaining, altering, and repairing electrical devices, appliances, and equipment within the confines of property owned or controlled by the firm, business, or company employing such registration holder or within the confines of property owned by an individual. 83-4. Examination Required; Application Fee For Reexamination Upon Failure Of Examinations. Any person desiring to be examined for a license to perform electrical maintenance work by the Dubuque electrical code board, as determined by this article, shall make application to the board on forms furnished by the board, setting forth information necessary to establish qualifications as such and payment of an examination fee as specified in table no. 13B. Persons failing an examination and desiring to take the examination again must make application for the examination and pay the examination fee as required in the first instance. 83-5. Scope Of Examination. Applicants for licensure under this article will be examined by the Dubuque electrical code board to determine their knowledge of the rules and regulations governing the installation of electricwiring, devices, appliances, and equipment as set forth in the statutes of the state, the ordinances of the city, and in the national electrical code, in order to determine the general qualifications and fitness of each applicant for executing electrical maintenance work. 83-6. Reexamination. Should an applicant for registration under this article fail to pass an examination by not obtaining a rating thereon of seventy-five February 2022 City of Dubuque 14-1 D-2 14-1 D-2 percent (75%) or higher, such applicant may be reexamined upon submitting an application in writing accompanied by the examination fee after a period of sixty (60) days has elapsed from the date of the applicant's last previous examination. 83-7. Fees For Licenses. Before an electrical maintenance license is granted to any applicant under this article and before an expiring electrical license issued by the city of Dubuque is renewed, the applicant shall pay to the city a fee as specified in table no. 13-B. TABLE NO. 13-B Electrical Examination, License Fees 1. Initial fee for electrical maintenance license $120.00 2. Renewal fee for electrical maintenance license 60.00 Examination fees are set by the testing agency. 83-10. Suspension Of Permit Privilege For Multiple Violations. Where a licensed electrical contractor is found doing electrical work without an electrical permit on three (3) separate occasions in one (1) year, a hearing shall be held by the code official at which time the permit privileges of said electrical contractor may be suspended for a period of time not to exceed one (1) year. The Building Code Advisory and Appeal board as established by article 81-3 shall be present at such hearings and shall act as advisors to the code official in determining the course of action to be taken. 83-12. Display Of License. Every holder of a state of Iowa electrical license shall be able to produce their current license when on the job site or when making application for an electrical permit. 83-13. Transferability. No license may be loaned, rented, assigned, or transferred. No holderof a valid license shall obtain a permit under said license and then sub -contract, sell, or otherwise assign the work covered by said permit to a person or firm who does not have a valid license. 210.8. Ground -Fault Circuit -Interrupter Protection For Personnel. Ground -fault circuit -interrupter protection for personnel shall be provided as required in 210.8(A) through (E). The ground -fault circuit -interrupter shall be installed in a readily accessible location. June 2023 City of Dubuque 14-1 D-2 14-1 D-2 210.8(A) Dwelling Units. All 125-volt, single-phase, 15- and 20-ampere receptacles installed in locations specified in 210.8(A)(1) through 210.8(A)(11) shall have ground -fault circuit -interrupter protection for personnel. (1) Bathrooms. (2) Garages and also accessory buildings that have a floor located at or below grade level not intended to be habitable rooms and limited to storage areas, work areas or similar use. (3) Outdoors. Exception to (3): Receptacles that are not readily accessible and are supplied branch circuit dedicated to electrical snow -melting, deicing, or pipeline and vessel heating equipment shall be permitted to be installed in accordance with 426.28 or 427.22, as applicable. (4) Crawl spaces - at or below grade level. (5) Basements. Exception to (5): A receptacle supplying only a permanently installed fire alarm or burglar alarm system shall not be required to have ground -fault circuit -interrupter protection. Informational Note: See 760.4113 and 760.121(B) for power supply requirements for fire alarm systems. Receptacles installed under the exception to 210.8(A)(5) shall not be considered as meeting the requirements of 210.52(G). (6) Kitchens -where the receptacles are installed to serve the countertop surfaces. (7) Sinks -where the receptacles are installed within 1.8 m (6 ft) from the top inside edge of the bowl of the sink. (8) Boathouses. (9) Bathtubs or shower stalls - where receptacles are installed within 1.8 m (6 ft) of the outside edge of the bathtub or shower stall. (10) Laundry areas. Exception to (1) through (3), (5) through (8), and (10): Listed locking support and mounting receptacles utilized in combination with compatible attachment fittings installed for the purpose of serving a ceiling luminaire February 2022 City of Dubuque 14-1 D-2 14-1 D-2 or ceiling fan shall not be required to be ground -fault circuit -interrupter protected. If a general-purpose convenience receptacle is integral to the ceiling luminaire or ceiling fan, GFCI protection shall be provided. (11) Indoor damp and wet locations. 210.12. Arc -Fault Circuit -Interrupter Protection. (B) Branch Circuit Extensions Or Modifications - Dwelling Units. This section is hereby repealed. (D) Branch Circuit Extensions or Modifications - Dwelling Units and Dormitory Units. This section is hereby repealed. 220.12. Lighting Load For Specified Occupancies. The current exception to section 220.12 is hereby repealed and the following is inserted in lieu thereof: a. Where the building is designed and constructed to comply with an energy code adopted by the local authority, the lighting load shall be permitted to be calculated at the values specified in the energy code. 220.12(B) Energy Code. This section is hereby repealed and the following inserted in lieu thereof: 220.12(B) Energy Code. Where the building is designed and constructed to comply with an energy code adopted by the local authority, the lighting load shall be permitted to be calculated at the values specified in the energy code. 334,10. Uses Permitted. Type NM, type NMC, and type NMS cables shall be permitted to be used in the following: (2) Multifamily dwellings, two (2) stories or less in height, permitted to be of types III, IV, and V construction except as prohibited in 334.12. (3) Other residential or accessory structures, two (2) stories or less in height, permitted to be of types III, IV, and V construction except as prohibited in 334.12. Cables shall be concealed within walls, floors, or ceilings that provide a thermal barrier of material that has at least a fifteen (15) minute finish rating as identified in listings of fire -rated assemblies. June 2023 City of Dubuque 14-1 D-2 14-1 D-3 (4) Manufactured buildings as defined and regulated in article 545 of the national electrical code. Manufactured buildings must comply with the provisions of article 545. Article 408.4(A). Additional Labeling Of Electrical Service Panels And Switchboards. The labeling shall be expanded to include the name of contracting company (installer) and the contact information for same and shall be installed at or on the main electrical service panel. Additionally it will list all of the following: (1) Location(s) of all accessible bolted grounding connections to any metal water service piping. (2) Approximate location(s) of all buried ground -rod connections, if any installed. (3) Approximate location of all bolted grounding connections to reinforcing steel in foundation if installed. (4) Location(s) of all accessible bolted bonding connections to building steel and all other metal piping systems including gas piping, sprinklers, etc. (5) Location of the intersystem bonding terminal bus bar. Irreversible connections (compression, exothermic, etc.) are not required to be accessible. Article 334.12 Uses Not Permitted. Adopted as is, except add item 11: (11) In hotels, motels, commercial, mercantile, industrial, institutional, and public buildings Article 408.4 Field Identification Required. Insert the following section: Article 408.4(C). Additional Labeling Of Electrical Service Panels And Switchboards. A permanent legible label shall be installed at or on the main electrical service panel and shall include the following: (1) The name of the contracting company performing the work (2) Contact information for the contracting company performing the work (3) Location(s) of all accessible bolted grounding connections to any metal water service piping. June 2023 City of Dubuque 14-1 D-2 14-1 D-3 (4) Approximate location(s) of all buried ground -rod connections, if any installed. (5) Approximate location of all bolted grounding connections to reinforcing steel in foundation if installed. (6) Location(s) of all accessible bolted bonding connections to building steel and all other metal piping systems including gas piping, sprinklers, etc. (7) Location of the intersystem bonding terminal bus bar. Irreversible connections (compression, exothermic, etc.) are not required to be accessible. (Ord. 17-09, 3-16-2009, eff. 5-1-2009; amd. Ord. 3-12, 1-17-2012; Ord. 4-15,1-5-2015; Ord. 56-16, 10-17-2016; Ord. 39-19, 9-3-2019; Ord. 48-21, 12-20-2021; Ord. 48-21, 12-20-2021; Ord. 20-23, 5-15-2023) 14-1 D-3: ELECTRICAL CODE REVIEW AND APPEALS: See section 14-1A-6. (Ord. 34-17, 7-5-2017; amd. Ord. 45-20, 12-7-2020) June 2023 City of Dubuque 14-1 E-1 14-1 E-2 CHAPTERI BUILDING CODES ARTICLE E. FIRE CODE AND REGULATIONS SECTION: 14-1 E-1: International Fire Code Adopted 14-1 E-2: International Fire Code Amendments 14-1 E-3: Reserved 14-1 E-4: Emergencies 14-1 E-5: Special Conditions 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. (Ord. 47-19, 9-3-2019; amd. Ord. 23-23, 5-15-2023) 14-1 E-2: INTERNATIONAL FIRE CODE AMENDMENTS: Thefollowing additions, deletions, modifications, oramendments ofthe 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.E Historic Buildings. Repairs, alterations, and additions to a historic building shall comply with the provisions of the Dubuque Existing Building Code. June 2023 City of Dubuque 14-1 E-2 14-1 E-2 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: 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 containerwith a watercapacity 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 112 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. June 2023 City of Dubuque 14-1 E-2 14-1 E-2 505.1.1 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). June 2023 City of Dubuque 14-1 E-2 14-1 E-2 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 manufacturerto preventthe 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: Elevator owners or their authorized agents. Elevator contractors. 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 June 2023 City of Dubuque 14-1 E-2 14-1 E-2 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 (9.3mz). 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. A Type I 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 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. June 2023 City of Dubuque 14-1 E-2 14-1 E-2 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 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 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. June 2023 City of Dubuque 14-1 E-2 14-1 E-2 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 clearwindow 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 June 2023 City of Dubuque 14-1 E-2 14-1 E-2 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 (Ord. 47-19, 9-3-2019; amd. Ord. 23-23, 5-15-2023) 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. (Ord. 46-10, 8-6-2010; amd. Ord. 23-23, 5-15-2023) 14-1 E-5: SPECIAL CONDITIONS: The fire chief in matters of fire prevention shall have full powerto 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. (Ord. 46-10, 8-6-2010; amd. Ord. 23-23, 5-15-2023) June 2023 City of Dubuque 14-1 F-1 14-1 F-2 CHAPTER 1 BUILDING CODES ARTICLE F. MECHANICAL CODE SECTION: 14-1 F-1: International Mechanical Code Adopted 14-1 F-2: International Mechanical Code Amendments 14-1 F-3: Fees 14-1 F-4: Mechanical Code Review And Appeals 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 forthe 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. (Ord. 42-19, 9-3-2019; amd. Ord. 24-23, 5-15-2023) 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 10 1. 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: June 2023 City of Dubuque 14-1 F-2 14-1 F-2 103.1 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 14-1 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 'bode 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'. (Ord. 42-19, 9-3-2019; amd. Ord. 24-23, 5-15-2023) June 2023 City of Dubuque 14-1 F-3 14-1 F-4 14-1 F-3: FEES: The fee for each mechanical permit and supplemental mechanical permits shall be as established by the City Manager. (Ord. 39-13, 7-15-2013) 14-1 F-4: MECHANICAL CODE REVIEW AND APPEALS: See section 14-1A-6. (Ord. 54-16, 10-17-2016; amd. Ord. 46-20, 12-7-2020) June 2023 City of Dubuque City of Dubuque 14-1 G 14-1 G CHAPTER1 BUILDING CODES ARTICLE G. FUEL GAS CODE (Rep. by Ord. 27-23, 5-15-2023) June 2023 City of Dubuque City of Dubuque 14-1 H-1 14-1 H-2 CHAPTER1 BUILDING CODES ARTICLE H. PLUMBING CODE SECTION: 14-1 H-1: International Plumbing Code Adopted 14-1H-2: International Plumbing Code Amendments 14-1 H-3: Licensure And Certification 14-1 H-4: Backf low Prevention Requirements For New Residential Construction 14-1 H-5: Backflow Prevention Requirements For Existing Water Services 14-1H-6: Inspection Fees 14-1 H-7: Plumbing Code Review And Appeals 14-1 H-1: INTERNATIONAL PLUMBING CODE ADOPTED: Except as hereinafter added to, deleted, modified or amended, the Plumbing Code as adopted and amended by the State of Iowa Administrative Code 641 Chapter 25 is hereby adopted by reference as the Dubuque Plumbing Code, subject to the amendments and adoptions by the State of Iowa Department of Public Safety, and the provisions of such Plumbing Code shall be controlling for the installation, alteration, repair, relocation, replacement, addition to and use or maintenance of plumbing equipment and systems in all matters covered by such Plumbing Code within the corporate limits of the City. A copy of the Uniform Plumbing Code, 2021 edition, as adopted, shall be on file in the Office of the City Clerk for public inspection. (Ord. 44-19, 9-3-2019: amd. Ord. 28-23, 5-15-2023) 14-1 H-2: INTERNATIONAL PLUMBING CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the Uniform Plumbing Code, 2021 edition, adopted in section 14-1 H-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 Plumbing Code, hereinafter referred to as "this code." June 2023 City of Dubuque 14-1 H-2 14-1 H-2 Section 104.5 Fees. Amended to read: 104.5 Fees. The fees for each permit shall be as set forth by the city council. Section 104.5.3 Fee Refunds. Amended to read: 104.5.3 Fee Refunds. The Code Official may authorize the refunding of a fee as follows: (1) The code official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. (2) The code official may authorize the refunding of not more than eighty (80) percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. (3) The code official may authorize the refunding of not more than eighty (80) percent of the plan review fee paid when an application for a permit forwhich a plan reviewfee has been paid is withdrawn or cancelled before any plan review effort has been expended. Table 104.5 Plumbing Permit Fees. Delete Table. Table604.1 Materialsfor Building Supply and Water Distribution Piping and Fittings. Amended as follows: June 2023 (Table begins on following page) City of Dubuque 14-1 H-2 14-1 H-2 'able 8D4,1 MSAWolfil. CFPSR NUT TY WI::QYIRRIY hW RLrhTCRr59.[TRIRI f811SXti RIRIWR flW f.5 GITIlW l:C WATER BUILDING'.. DISTRIBUTION ''', SUPPLYPIPEAND PIPEAND REFERENCECISTANDARD(S) REFERENCEDSTANW11"S) MATERIAL FITTINGS FITTINGS PIPE FITTINGS Gopper'and Coplxar ASTM842,AETMSa3,ASTM ASME B18.15, ASMEB16.18,. Alloys 07%ASTM N% ASTM 0125, ASME 016.22, ASME 616.26, Xa x P7TM82SLASTM039Z, ASME 016.50",ASME 916.5L ASTME447 ASSE30M,.ASTM FS3Z6, LAPMOPS137 Outhe-Iron X AWWAC391. ASME9AA AWWAC1.10, x AWWACIS3 Galvanized SLE 4 x ASTMA53 ASME616a Maile9walydn X X PE -AL -PE x AMMF1282,.CSAR337.9 .. M282, ASTIM F1974 CSAB.137.9 PE,AL•PEX X ASTM F1986 ASTM F1986 PERT ASTNI 1`2769, CSA 0137.10 ASSE1061,ASTM T03261, ASTM P1055, ASTTMF1807, e x ASTM NO% ASIU F13a9, 9714 F2"S,ASTIA 122769, CSA0337.10 PEX A0MFB70,CSA8137.5, ASSBIOM,ASTM F877,ASTM XS X', AWWAC904z F3M7, ASTM FIND, ASTM 132DOO, ASTM F225%ASTM F2735, CSA913.7.5 PEX-AL•PEX A53M F1201, CSA 0137.10 ASTM F1281, ASTIM FIRM, m x ASTM F2434,CSA41137.10 StalnIm Steel X X ,Ai.TM AZg%ARM A3IZ, AS TM 1`3226, BAPMdr PS 117 TMA554, ASTM A779 NOW: 1 PorBOPding supply nr aXteMoreold-water aFlTllsaBons, notierwster dlsUlBuOon plplrvg. 2 For Brazad fiWngs only 3 Oulldong5upply water piping Lathe point ofentrancelato thebuildungshall be Copper type N, or cast Iron waterpi5e. Section 604.1 Pipe, Tube, and Fittings. Add subsection as follows: 604.1.1 Building Supply piping. Building supply water piping to the point of entrance to the building shall be made of copper tube type K, or cast-iron water pipe. 604.3 Copper or Copper Alloy Tube. Copper or copper alloy tube for water piping shall have a min. weight as follows: 604.3.1 Building Supply. Copper or copper alloy tube for building supply piping shall be type K to the point of entrance to a building or structure. 604.3.1 Distribution Piping. Copper or copper alloy tube for water distribution within a building or structure shall be type L or type K. June 2023 City of Dubuque 14-1 H-2 14-1 H-4 Exception: Type M copper or copper alloy tubing shall be permitted to be used for water piping where piping is above -ground in, or on, a building. Section 604.10 Plastic Materials. Amend section as follows: 604.10 Plastic Materials. Approved plastic materials shall be permitted to be used in building distribution piping, provided that where metal building distribution piping is used for electrical grounding purposes, replacement piping, therefore, shall be of like materials. Exception: Where a grounding system acceptable to the Authority Having Jurisdiction is installed, inspected, and approved, the metallic pipe shall be permitted to be replaced with nonmetallic pipe. (Ord. 26-16, 6-6-2016, eff. 7-1-2016; amd. Ord. 28-23, 5-15-2023) 14-1 H-3: LICENSURE AND CERTIFICATION: A. Except as provided in Iowa Code section 105.11, a person shall not operate as a contractor or install or repair plumbing, HVAC, refrigeration, or hydronic systems without obtaining a license issued by the state, or install or repair medical gas piping systems without obtaining a valid certification approved by the state. B. Except as provided in Iowa Code section 105.11, a person shall not engage in the business of designing, installing, or repairing plumbing, HVAC, refrigeration, or hydronic systems unless at all times a licensed master, who shall be responsible for the proper designing, installing, and repairing of the plumbing, HVAC, refrigeration, or hydronic system, is employed by the person and is actively in charge of the plumbing, HVAC, refrigeration, or hydronic work of the person. An individual who performs such work pursuant to a business operated as a sole proprietorship shall be a licensed master in the applicable discipline. (Ord. 39-13, 7-15-2013) 14-1 H-4: BACKFLOW PREVENTION REQUIREMENTS FOR NEW RESIDENTIAL CONSTRUCTION: There are hereby established minimum backflow prevention standards for new residential construction. The city manager shall determine the type of backflow prevention assembly required for containment based on the degree of hazard as outlined in title 13, chapter 1, article D of this code. (Ord. 39-13, 7-15-2013) June 2023 i City of Dubuque 14-1 H-5 14-1 H-7 14-1 H-5: BACKFLOW PREVENTION REQUIREMENTS FOR EXISTING WATER SERVICES: The requirements for backflow prevention related to existing water services are outlined in title 13, chapter 1, article D of this code. (Ord. 39-13, 7-15-2013) 14-1 H-6: INSPECTION FEES: A fee shall be paid for inspections made outside of normal business hours and for inspections for which no fees are specifically indicated. Inspection fees shall be as set forth by the city manager. (Ord. 39-13, 7-15-2013) 14-1 H-7: PLUMBING CODE REVIEW AND APPEALS: See section 14-1A-6. (Ord. 55-16, 10-17-2016; amd. Ord. 48-20, 12-7-2020) June 2023 City of Dubuque City of Dubuque 14-1 J-1 CHAPTER 1 BUILDING CODES ARTICLE J. PROPERTY MAINTENANCE CODE SECTION: 14-1 J-2 14-1J-1: International Property Maintenance Code Adopted 14-1 J-2: International Property Maintenance Code Amendments 14-1J-3: Rental Licenses 14-1J-4: Priority Category 14-1 J-5: Procedure For Hearing Appeal Of Priority Category Status 14-1J-6: Inspection Of Properties Owned By Priority Category 14-1 J-7: Housing Appeals And Mediation Board 14-1 J-1: INTERNATIONALPROPERTYMAINTENANCE 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 14-1J-2 of this article. (Ord. 45-19, 9-3-2019; amd. Ord. 25-23, 5-15-2023) 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 14-1 J-1 of this article to read as follows: June 2023 City of Dubuque 14-1 J-2 14-1J-2 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 June 2023 City of'Dubuque 14-1 J-2 14-1 J-2 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. June 2023 City of Dubuque 14-1J-2 14-1J-2 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 14-1J-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: June 2023 City of Dubuque 14-1 J-2 14-1 J-2 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 tenant for 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. June 2023 City of Dubuque 14-1 J-2 14-1.J-2 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 windowframes, 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. June 2023 City of Dubuque 14-1 J-2 14-1 J-2 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. June 2023 City of Dubuque 14-1J-2 14-1J-2 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. June 2023 City of Dubuque 14-1 J-2 14-1 J-2 702.4.1 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 (Ord. 30-16, 6-20-2016, eff. 7-1-2016; amd. Ord. 34-17, 7-5-2017; Ord. 45-19, 9-3-2019; Ord. 35-20, 9-21-2020; Ord. 17-21, 5-3-2021; Ord. 36-21, 10-18-2021; Ord. 19-22, 5-2-2022; Ord, 25-23, 5-15-2023) 14-1 J-3: RENTAL LICENSES: A. Rental License Required: No property owner, manager, or licensed real estate professional may let to anotherfor rent and/or occupancy any dwelling, dwelling unit, housekeeping unit, rooming house, rooming unit, or sleeping unit, as defined by the Property Maintenance Code and hereinafter cumulatively referred to as "rental unit' in the City unless such person holds a current rental June 2023 City of Dubuque City of Dubuque 14-1 J-3 14-1 J-3 3. Period Of Revocation Or Suspension: During the period of revocation or suspension, a unit for which the rental license was suspended or revoked may not be relicensed. 4. Notice To Licensee: The City Manager shall cause to be issued to the licensee a notice that the license is suspended or revoked, setting forth the reason(s) therefor. The notice shall be sent by certified United States mail to the licensee at the address on file with the City Manager. 5, Appeal: The licensee may appeal the decision of the City Manager to the Housing Board of Appeals. An appeal must be filed, in writing, within twenty (20) days from the date of the notice of suspension or revocation. 6. Notice To Tenant: Upon suspension or revocation the City Manager must give written notice of the suspension or revocation of the license to each tenant, requiring the tenant to vacate the premises within a time frame determined by the City Manager if determined necessary. Any tenant who fails to vacate the premises after such time shall be subject to penalties under title 1, chapter 4 of this Code. (Ord. 36-21, 10-18-2021) 7. Relocation Of Tenants: If suspension or revocation of a rental license is the responsibility of the property owner, manager, or licensed real estate professional, as determined by the City Manager, then any displaced tenants shall be relocated at the property owner, manager, or licensed real estate professional's expense and the City Manager is authorized to assess the rental property for any costs incurred by the City. K. Relationship Of Rental License To Other Codes: The issuance of a rental license for a rental unit does not in any way signify or imply the rental unit conforms with Iowa law or this Code, nor does the issuance of a license relieve the property owner, manager, or licensed real estate professional of the responsibility for compliance with applicable Iowa law and this Code. (Ord. 21-18, 7-2-2018) L. Rent Abatement: 1. The code official may order rent abated when the code official determines ( that the owner or lessor has, after issuance of a notice of violation of this chapter: a. Failed to provide an essential service (water, sewer, electricity, heat); b. Failed to remedy a condition that poses a substantial risk to the health or safety of the tenant; or c. Rented a dwelling unitwithout a rental license, including renting under suspension or revocation. October 2021 City of Dubuque 14-1 J-3 14-1 J-4 2. A rent abatement order means that the owner or lessor may not recover rent from the tenant. Rent shall be abated until the condition for which rent abatement was ordered has, in the judgment of the code official, been remedied. 3. The code official shall provide a copy of the rent abatement order to the owner or lessor at the address on the rental permit and to the tenant by U.S. mail and by posting the entrance door to dwelling unit. Notice of termination of the rent abatement order will be given in the same manner. 4. Rent abatement shall be stayed upon filing of an appeal by the owner or lessor. ( ' 5. The City shall develop a policy outlining the parameters and procedures for initiation of rent abatement which shall be on file with the Inspection and Construction Services Division and available to the public for review. 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. (Ord. 36-21, 10-18-2021; amd. Ord. 25-23, 5-15-2023) 14-1 J-4: PRIORITY CATEGORY: A. Priority Category Designated: The City Manager may designate a property owner, manager, or licensed real estate professional a priority category for purposes of the Property Maintenance Code if three (3) times within a period of twelve (12) consecutive months the property owner, manager, or licensed real estate professional: June 2023 City of Dubuque 14-1 J-4 14-1 J-4 Has a rental license suspended; 2. Has a rental license revoked; 3. Is noncompliant with Property Maintenance Code orders in excess of ninety (90) days without either an extension of time or variance from the Housing Board of Appeals or good faith progress as determined by the City Manager; 4. Fails to perform a mandated criminal background check on a tenant; or 5. Receives a citation for a Property Maintenance Code violation. B. Notice Of Priority Category Status: Whenever the City Manager designates a property owner, manager, or licensed real estate professional to be a priority category under subsection A of this section, the City Manager must give notice of the designation to the property owner, manager, or licensed real estate professional responsible. Each notice must: Be in writing; 2. Include a listing of the basis for designating the property owner, manager, or licensed real estate professional a priority category; 3. Be served upon the property owner, manager, or licensed real estate professional by delivering the same at the property owner, manager, or licensed real estate professional's residence, office, or place of business in person or by mailing by certified mail or regular mail to such address. All such mail must bear indicia requesting return to sender or forwarding address if not deliverable as addressed; and 4. Contain a statement that: a. The property owner, manager, or licensed real estate professional may appeal from the notice of the City Manager to the Housing Board of Appeals; b. An appeal must be made in writing and filed with the City Manager within twenty (20) days from the date of service of the designation notice; and c. A failure to appeal will constitute a waiver of all rights to an appeal. 5. This section may not be interpreted to prevent the enforcement and imposition of fines and penalties for Property Maintenance Code violations. (Ord. 52-16, 10-17-2016) June 2023 City of Dubuque 14-1J-5 14-1 J-5 14-1 J-5: PROCEDURE FOR HEARING APPEAL OF PRIORITY CATEGORY STATUS: A. Notice Of Appeal: A property owner, manager, or licensed real estate professional designated a priority category by the City Manager under section 14-1J-4 of this article may appeal to the Housing Board of Appeals for a reconsideration of such status. An appeal must be filed in writing within twenty (20) days of the notice of designation as a priority category. The notice of appeal must include the following: 1. Name and address of the appellant; 2. A brief statement in ordinary and concise language of any material facts claimed to support the contentions of the appellant; 3. A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the order appealed from should be reversed; and 4. The signature of the appellant and the appellant's mailing address. June 2023 City of Dubuque 14-1 K-1 CHAPTER 1 BUILDING CODES ARTICLE K. INTERNATIONAL EXISTING BUILDING CODE SECTION: 14-1 K-1: International Existing Building Code Adopted 14-1 K-2: International Existing Building Code Amendments 14-1 K-2 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. (Ord. 46-19, 9-3-2019; amd. Ord. 26-23, 5-15-2023) 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 10 1. 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. June 2023 City of Dubuque 14-1 K-2 14-1 K-2 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: 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: June 2023 City of Dubuque 14-1 K-2 14-1 K-2 505.3.3 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: June 2023 City of Dubuque 14-1 K-2 14-1 K-2 702.5 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. 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. June 2023 City of Dubuque 14-1 K-2 14-1 K-2 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. (Ord. 46-19, 9-3-2019; amd. Ord. 36-20, 9-21-2020; Ord. 51-20,12-7-2020; Ord. 18-21, 5-3-2021; Ord. 26-23, 5-15-2023) City of Dubuque June 2023 City of Dubuque 14-9-1 14-9-3 CHAPTER9 SWIMMING POOLS SECTION: 14-9-1: Definition 14-9-2: Permit Required; Fees 14-9-3: Construction 14-9-4: Fencing Requirements 14-9-5: Location 14-9-6: State Code Adopted 14-9-1: DEFINITION: As used in this chapter, a "swimming pool' is defined as any constructed or prefabricated pool, hot tub, spa, or other container used for swimming, bathing, or wading, which is capable of containing water over twenty-four inches (24") in depth. (Ord. 43-16, 9-6-2016; amd. Ord. 29-23, 5-15-2023) 14-9-2: PERMIT REQUIRED; FEES: A. Permit Required: All swimming pools, whether public or private, shall require a building permit. (2007 Code § 11-42) B. Permit Fees: Permit fees for swimming pools shall be established by the city manager. (2007 Code § 11-43) 14-9-3: CONSTRUCTION: Plans and specifications concerning a swimming pool shall be submitted to the building department and such pool shall be designed and constructed in accordance with generally accepted standards and practices, as outlined in the latest edition of "Recommended Practice For Design, Equipment And Operation Of Swimming Pools And Other Public Bathing Places", of the American Public Health Association. (2007 Code § 11-44) i June 2023 City of Dubuque 14-9-6 14-9-4: FENCING REQUIREMENTS: Swimming pool fencing shall be in compliance with section 303 of the international property maintenance code. (Ord. 43-16, 9-6-2016) 14-9-5: LOCATION: The location of swimming pools shall be governed by the zoning ordinance of the city. (2007 Code § 11-46) 14-9-6: STATE CODE ADOPTED: There is hereby adopted and incorporated by reference Iowa Code chapter 1351, "swimming pools and spas", as amended, and Iowa administrative code chapter 641-15, "swimming pools and spas", as amended, which apply to swimming pools, spas, wading pools, water slides, wave pools and bathhouses connected to swimming pools, owned or operated by local or state government, or commercial interests or private entities including, but not limited to, public or private school corporations, hotels, motels, camps, apartments, condominiums, and health and country clubs, providing for minimum safety and water quality requirements relating to the construction, operation, registration and inspection of swimming pools and spas; qualifications for swimming pool and spa operators and lifeguards; and procedures for health departments to provide for the inspection and enforcement of such rules. (2007 Code § 23-36) June 2023 City of Dubuque -B- -B- BUILDING AND DEVELOPMENT Building Codes................................................14-1 Accessibility Code For Readily Achievable Changes ............. 14-11 Building Code And Regulations ............................. 14-1A Electrical Code ................ . ......................... 14-1 D Energy Conservation Code ................................. 14-1C Fire Code And Regulations ................................ 14-1 E International Existing Building Code International Existing Building Code Adopted ............. 14-1 K-1 International Existing Building Code Amendments ......... 14-1 K-2 Mechanical Code ........................................ 14-1F Plumbing Code .......................................... 14-1H Property Maintenance Code ................................. 14-1J Residential Code ......................................... 14-1 B Building Construction, Demolition And Moving ....................... 14-2 Condominium Conversions And Transfers To Multiple Housing Cooperative.................................................14-7 Dangerous Buildings...........................................14-3 Erosion And Sediment Control ................................... 14-12 Exterior Storage Containers And Storage Trailers .................... 14-8 FloodAreas.................................................14-11 Historic Buildings .............................................. 14-5 Historic Preservation .......................................... 16-10 Licensing Of Vacant And/Or Abandoned Buildings Definitions .............................................. 14-4-1 Fees.................................................. 14-4-4 Inspections ............................................. 14-4-6 Registration ............................................. 14-4-3 Relationship Of License To Other Codes ..................... 14-4-10 Renewal Licenses ........................................ 14-4-7 Renewal, Penalty For Failure To Renew License ............... 14-4-8 Revocation, Reinstatement Measures ........................ 14-4-9 Terms Of Licenses ....................................... 14-4-5 Vacant And/Or Abandoned Building License ................... 14-4-2 Signs.......................................................16-15 Solar Thermal Licenses ........................................ 14-13 Solar Thermal System Permits And Inspections ..................... 14-14 Swimming Pools...............................................14-9 Water......................................................14-15 BUILDING CODE AND REGULATIONS Building Code Advisory And Appeal Board ....................... 14-1A-6 Demolition Permits In Conservation Districts ..................... 14-1A-4 Exterior Security And Appearance Of Buildings ................... 14-1A-5 International Building Code Adopted ............................ 14-1A-1 June 2023 -B- -B- BUILDING CODE AND REGULATIONS (cont.) International Building Code Amendments ........................ 14-1A-2 Permit Issuance Prohibited During Contemplation Or Consideration Of Zoning Reclassification Or Zoning Or Subdivision Text Amendments ............................... 14-1A-3 BUILDING CONSTRUCTION, DEMOLITION AND MOVING Application For Permit ........................................ 14-2-2 Fees...................................................... 14-2-5 Insurance Requirements ...................................... 14-2-7 Moratorium For Construction Or Other Work On Certain Streets, Areas Or Facilities ................................... 14-2-4 Permit Issuance; Generally .................................... 14-2-3 Permit Required ............................................. 14-2-1 Special Provisions ........................................... 14-2-6 Special Requirements ................... . .................... 14-2-8 BURNING RESTRICTIONS ........................................ 6-9-2 BUSINESS AND LICENSE REGULATIONS Adult Entertainment Establishments ................................ 4-8 Business Licenses Generally ...................................... 4-1 Central Market And Other Farmers' Markets .......................... 4-4 Excursion Boat Admission Fees ................................... 4-3 Liquor Control ......................... ......................... 4-2 Alcoholic Beverages ....................................... 4-2A Liquor, Beer And Wine Licenses And Permits ................... 4-26 Pawnbrokers And Secondhand Dealers; Junk And Auto Salvage Dealers ................ ............................... 4-6 Junk Dealers And Auto Salvage Dealers ....................... 4-6B Pawnbrokers And Secondhand Dealers ....................... 4-6A Vehicles For Hire And Public Transportation .......................... 4-7 Motorized Vehicles For Hire ................................. 4-713 Nonmotorized Vehicles ..................................... 4-7A BUSINESS LICENSES GENERALLY Application For License ........................................ 4-1-2 Effect Of Chapter ............................................. 4-1-9 Issuance Of License ........................................... 4-1-3 License Required ............................................. 4-1-1 License Suspension Or Revocation ............................... 4-1-8 Proration Of License Fee ....................................... 4-1-5 Record Of Licenses ........................................... 4-1-4 Refund Of Fee Prohibited; Exception ............................. 4-1-6 Transferability; Changes In Location .............................. 4-1-7 October 2019 City of Dubuque -E- -E- EROSION AND SEDIMENT CONTROL Appeal Of Notice Of Violation ................................ 14-12-10 Applicability; Title ........................................... 14-12-2 Cost Of Abatement Of Violation ............................... 14-12-12 Definitions ................................................. 14-12-1 Duty To Comply With State NPDES General Permit No. 2 ........... 14-12-7 Enforcement Measures ..................................... 14-12-11 Erosion And Sediment Control (ESC) Permit ..................... 14-12-6 Injunctive Relief ........................................... 14-12-13 Permit Monitoring Procedures ................................. 14-12-8 Remedies Not Exclusive .................................... 14-12-15 Responsibility For Administration ............................... 14-12-3 Severability Clause .......................................... 14-12-4 Ultimate Responsibility ....................................... 14-12-5 Violation .................................................. 14-12-9 Violations Deemed Public Nuisance ........................... 14-12-14 EVIDENTIARY HEARINGS BY CITY COUNCIL Conduct Of Hearing ........................................... 1-9-5 Form Of Notice Of Hearing ..................................... 1-9-3 General Provisions ............................................ 1-9-2 Method And Form Of Decision ................................... 1-9-6 Purpose And Intent ............................................ 1-9-1 Subpoenas .................................................. 1-9-4 EXCAVATIONS Exemptions ................................................. 10-2-7 Guards Or Protection Required ................................. 10-2-3 Interference With Traffic ....................................... 10-2-4 Manner Of Performing Work ................................... 10-2-6 Permit Requirements ......................................... 10-2-1 Restoration Of Surface Generally ............................... 10-2-2 Time Period For Commencement Of Work ........................ 10-2-5 EXCURSION BOAT ADMISSION FEES Collection Of Admission Fees; Exceptions ......................... 4-3-1 EXTERIOR STORAGE CONTAINERS AND STORAGE TRAILERS Application For Permit; Site Plan ................................ 14-8-5 Consideration Of Application ................................... 14-8-6 Definitions .................................................. 14-8-1 Fees...................................................... 14-8-7 Permit Required ............................................. 14-8-4 Required Conditions .......................................... 14-8-2 Revocation Or Suspension Of Permit ............................ 14-8-E Storage Containers Or Storage Trailers Permitted; Exemptions ....... 14-84 Variance ................................................... 14-8-c October 2021 City of Dubuque -F- -G- F FAIR HOUSING (See Also EQUITY AND HUMAN RIGHTS) ................ 8-5 FIBER TO THE HOME/BUSINESS AESTHETICS GUIDELINES Fiber To The Home/Business Aesthetics Guidelines Established ...... 11-8-1 FIRE CODE AND REGULATIONS Emergencies ............................................... 14-1E-4 International Fire Code Adopted ............................... 14-1 E-1 International Fire Code Amendments ........................... 14-1E-2 Special Conditions .......................................... 14-1E-5 FIRE DEPARTMENT Service Charges .............................................. 7-2-2 Service Outside City Restricted .................................. 7-2-1 Standby Service .............................................. 7-2-3 FIRE PREVENTION REGULATIONS Blasting, Fireworks And Open Burning; Permits And Fees ............. 6-9-3 Bulk Storage Tank Licenses .................................... 6-9-5 Burning Restrictions ........................................... 6-9-2 Fires In Parks Restricted .................................... 10-513-17 Service Stations .............................................. 6-9-4 Smoke Alarms ............................................... 6-9-6 Smoking, Carrying Lighted Objects In Specified Places Restricted .................................... 6-9-1 FIREWORKS ............................................ 6-9-3, 7-5A-10 FISCAL YEAR .................................................. 1-10-1 FLAG, CITY ........... .................................. I...... 1-10-5 FLOOD AREAS Designation; Posting ........................................ 14-11-1 Entry, Permits .............................................. 14-11-3 Entry Restricted ............................................ 14-11-2 Vacation Of Dwellings ....................................... 14-11-4 FOOD ESTABLISHMENTS AND HOTEL SANITATION Provisions Adopted ........................................... 6-2-1 G GAS FRANCHISE Accessions To Franchise ...................................... 11-4-6 Acquisition At Expiration ..................................... 11-4-21 Adoption; Franchise Effective And Binding .................. . .... 11-4-24 Condition Of Service ......................................... 11-4-7 Definitions .................................................. 11-4-1 Excavations And Other Works; Vacated Property ................... 11-4-4 Extension Of Service ........ ................................ 11-4-11 June 2023 City of Dubuque -G- -H- GAS FRANCHISE (cant.) Franchise Fee .............................................. 11-4-23 Franchise Fee Overview ..................................... 11-4-22 Grant Of Franchise ........................................... 11-4-2 Indemnification ............................................. 11-4-15 Maps Of Distribution System .................................. 11-4-14 Material Breach; Termination .................................. 11-4-17 Nonassignment............................................ 11-4-16 Rates.................................................... 11-4-12 Regulatory Review ........................................... 11-4-8 Relocation Of Pipes, Conduit And Services; Public Improvements .............................................. 11-4-5 Reports ................................................... 11-4-13 Reservation Of Home Rule Powers ............................. 11-4-20 Reserved Regulatory Rights ................................... 11-4-9 Revival ................................................... 11-4-19 Severability................................................ 11-4-18 Street Usage ................................................ 11-4-3 Technological Changes; Energy Efficiency ....................... 11-4-10 GAS MAIN CONNECTIONS (See Also PUBLIC UTILITIES) ................ 13-3 GENERAL PENALTY, CITY CODE Civil Penalty ................................................. 1-4-2 General Penalty .............................................. 1-4-1 a HAZARDOUS WASTE, SUBSTANCES AND CONDITIONS Cleanup Required ............................................ 6-7-3 Definitions................................................... 6-7-2 Liability For Cleanup Costs ..................................... 6-7-4 Notification Of Hazardous Conditions ............................. 6-7-5 Penalty..................................................... 6-7-7 Police Authority ............................................... 6-7-6 Purpose.................................................... 6-7-1 Separability Of Provisions ...................................... 6-7-8 HEALTH AND SAFETY REGULATIONS Tattooing, State Code Adopted .................................. 6-1-1 HEALTH, HOUSING, SANITATION AND ENVIRONMENT Ambulances .............................................. .... .6-3 Fire Prevention Regulations ....................................... 6-9 Food Establishments And Hotel Sanitation ........................... 6-2 Hazardous Waste, Substances And Conditions ....................... 6-7 Health And Safety Regulations .................................... 6-1 Noises........................................................ 6-5 Nuisances ..................... ....... ......................... 6-4 Trees And Weeds...............................................6-8 June 2023 City of Dubuque -H- M HEARINGS AND APPEALS Conduct Of Hearing ........................................... 2-1-5 Evidentiary Hearings By City Council ............................... 1-9 Form Of Notice Of Hearing ..................................... 2-1-3 General Provisions ............................................ 2-1-2 Method And Form Of Decision ................................... 2-1-6 Purpose And Intent ............................................ 2-1-1 Subpoenas.................................................. 2-1-4 HISTORIC BUILDINGS Administration And Enforcement ................................ 14-5-2 Alternate Accessibility Requirements ............................ 14-5-7 June 2023 City of Dubuque ILLICIT CONNECTIONS AND DISCHARGES TO STORM SEWER SYSTEM (See Also PUBLIC UTILITIES) ....................... 13-5 INDUSTRIAL PROJECTS (See Also ECONOMIC DEVELOPMENT) ................................................ 3-4A INDUSTRIAL ZONING DISTRICTS ................. 16-5-18, 16-5-19, 16-5-20 INFRACTION (See Also GENERAL PENALTY, CITY CODE) ................ 1-4 INTERNATIONAL CODES ADOPTED Building Codes.............................................14-1A-1 Energy Conservation Code ................................... 14-1C-1 Fire Code.................................................14-1E-1 Mechanical Code ........................................... 14-1F-1 Plumbing Code ............................................. 14-1H-1 Property Maintenance Code .................................. 14-1J-1 Residential Code ........................................... 14-1 B-2 INVESTMENT OVERSIGHT ADVISORY COMMISSION Commission Created .......................................... 2-3-1 Compensation .............................................. 2-3-11 Internal Organization And Rules ................................. 2-3-3 Meetings ................................................... 2-3-10 Membership ................................................. 2-3-5 Oath....................................................... 2-3-6 Officers; Organization .......................................... 2-3-9 Powers.................................................... 2-3-13 Procedures For Operation ...................................... 2-3-4 Purpose.................................................... 2-3-2 Removal................................................... 2-3-12 Reports Provided ............................................ 2-3-14 Terms...................................................... 2-3-7 Vacancies ................................................... 2-3-8 J JUNK AND AUTO SALVAGE DEALERS (See Also PAWNBROKERS AND SECONDHAND DEALERS; JUNK AND AUTO SALVAGE DEALERS) ..................................................... 4-66 K June 2023 City of Dubuque -L- -L- L LAND USE (See Also UNIFIED DEVELOPMENT CODE).. . ........ ... Title 16 LICENSE REGULATIONS (See Also BUSINESS AND LICENSE REGULATIONS) ............................................... Title 4 LICENSING OF VACANT AND/OR ABANDONED BUILDINGS (See Also BUILDING AND DEVELOPMENT) ............................... 14-4 LIQUOR CONTROL Alcoholic Beverages Advertisement For Alcohol, Liquor, Wine Or Beer ............... 4-2A-5 Buffet Sales Prohibited .................................... 4-2A-9 Consumption In Public Places .............................. 4-2A-6 _.. Definitions .............................................. 4-2A-2 Notice Of Violation Upon Issuance Of Citation ....... . ......... 4-2A-8 Persons Under Legal Age .................................. 4-2A-7 Prohibited In Adult Entertainment Establishments .............. 4-8-16E Prohibited Sales And Acts ................................. 4-2A-3 Purpose Of Chapter ...................................... 4-2A-1 Sunday Sales ........................................... 4-2A-4 Intoxicating Beverages In Parks ................................ 10-513-2 October 2021 City of Dubuque