Repeal of the Dubuque Historic Building CodeCity of Dubuque
City Council Meeting
Action Items # 03.
Copyrighted
July 1, 2024
ITEM TITLE: Repeal of the Dubuque Historic Building Code
SUMMARY: City Manager recommending to approve the repeal of the Dubuque
Historic Building Code (HBC), Title 14, Chapter 5 of the City of
Dubuque, IA, Code of Ordinances.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 14
Building and Development, Chapter 5 Historic Buildings
SUGGESTED Suggested Disposition: Receive and File; Motion B; Motion
DISPOSITION:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Staff Memo Staff Memo
Title 14 Chapter 5 Repeal HBC Ordinance
Historic Preservation Commission Letter of Decision Supporting Documentation
THE CITY
DUOF
B TEE
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Repeal of the Dubuque Historic Building Code
DATE: June 27, 2024
Dubuque
All -America City
IN
2007.2012.2013
2017*2019
Housing & Community Development Director Alexis Steger along with the Housing &
Community Development Department, Planning Services Department Staff and the
Historic Preservation Commission are recommending City Council approve the repeal
of the Dubuque Historic Building Code (HBC), Title 14, Chapter 5 of the City of
Dubuque, IA, Code of Ordinances.
When the HBC was approved it provided for different building codes that could be
used depending on the nature of the project. The HBC allows a property owner to
decide which code they would like to follow for a qualified historic building and other
codes or ordinances would not apply if the code or ordinance concerned a matter
addressed in the HBC. An ongoing concern is that appellants are referencing the
HBC as the code in effect for the entirety of a property, including maintenance, which
is an incorrect interpretation. This language in the HBC creates confusion for the
Building Advisory and Appeals Board and in the court system which complicates and
delays enforcement efforts. Ultimately this is having the unintended consequence of
allowing existing historic buildings to fall into disrepair.
When the HBC was adopted in 2002, the city had not adopted the International
Existing Building Code (IEBC). The IEBC contains many of the same provisions for
design alternatives that are contained in the HBC. IEBC Chapter 12 specifically
addresses Historic buildings and applies to buildings of historical significance as
determined by the State Historic Preservation Office. IEBC Chapter 13 in the IEBC is
the performance compliance method which allows for existing buildings to be
evaluated to show that alterations, while not meeting new construction requirements,
will improve the current existing situation. Provisions are based on a numerical
scoring system involving 19 various safety parameters and the degree of code
compliance for each issue. This is a direct replacement for the Building evaluation
method in the HBC 14-5-4.
The IEBC is also one in a family of International Code Council (ICC) codes currently
adopted by the city. This family of codes is regularly reviewed and updated. The
IEBC works well together with other codes including the International Building,
Residential, Fire and Mechanical Codes, all of which contain provisions for historic
buildings.
On June 20th, the repeal of the HBC was brought before the Historic Preservation
Commission (HPC) for discussion and review. The HPC has recommended appeal
of the HBC.
Housing & Community Development Department, Planning Services Department
Staff and the Historic Preservation Commission recommend repealing the Historic
Building Code for the following reasons:
1. The present HBC has not been updated since its adoption in 2002 (22 years
ago).
2. The City has adopted the 2021 International Existing Building Code which
allows alternatives and exceptions from code requirements when the building
has historic value
3. The IEBC is part of the International Code Council family of codes
that are regularly updated.
4. The HBC has been used very infrequently since its adoption.
5. The repealing of the HBC will remove a barrier to enforcement efforts to
prevent ongoing deterioration of historic properties
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
f•[yT/f•i�i
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Alexis Steger, Housing & Community Development Director
Michael Belmont, Assistant Housing & Community Development Director/Building Official
Wally Wernimont, Planning Services Director
Thea Dement, Historic Preservation Commission
THE COF
Dubuque
DUUB E i umerica C i
Masterpiece on the Mississippi
I I®
2007 • 2012 •2013
TO: Michael Van Milligan
FROM: Alexis Steger, Housing and Community Services Director
SUBJECT: Repeal of the Dubuque Historic Building Code
DATE: June 25, 2024
INTRODUCTION
This memo outlines a proposed ordinance to repeal the Dubuque Historic Building Code,
Title 14, Chapter 5 of the city of Dubuque, IA, Code of Ordinances
BACKGROUND
What is the Dubuque Historic Building Code (HBC)?
The HBC is a regulatory building code that-
1 . Provides alternative building standards for preserving or restoring buildings or
structures designated as historic buildings.
2. Facilitates the restoration of historic buildings so as to preserve their original or
restored architectural elements and features.
3. Permits a cost-effective approach to historic preservation and restoration.
4. Provides for the health, safety and welfare of occupants and visitors in qualified
historic buildings.
5. Provides a process for the building services department to grant variances in order
to permit the proper preservation or restoration of qualified historic buildings; and
6. Provides a reasonable means of access to historic buildings for people with physical
disabilities.
What properties are eligible to be regulated by the HBC?
Only Qualified Historic Buildings (QHB) are regulated by the HBC. The HBC defines a QHB
as:
A building that is:
A. Listed on, or nominated by the State Historical Society for listing on, the National
Register of Historic Places in Dubuque.
B. Included in a district which is listed on, or has been nominated by the State Historical
Society for listing on, the National Register of Historic Places in Dubuque, and has
been determined by the State Historical Society to contribute to the historic
significance of the district.
C. Listed on a certified municipal register of historic property; or
D. Included in a designated historic district and has been determined by the city of
Dubuque to contribute to the historic significance of the district.
Where is the Dubuque Historic Building Code Located?
The HBC is in Title 14 Building and Development Chapter 5 Historic Buildings of the
Dubuque Code of Ordinances.
When was the Dubuque Historic Building Code Established?
The City Council adopted the HBC in 2002.
Why was the Dubuque Historic Building Code Established?
In 2002, Building Services Manager Rich Russell recommended adoption of the HBC to
help provide owners, contractors, architects and Building Services staff with an alternative
when working with existing buildings. At the time, the City of Dubuque had only the 2000
International Building Code and the 1997 Uniform Code for Building Conservation to use for
historic buildings. Russell noted that the HBC would reduce the barrier (real and/or
perceived) of building codes when a property owner is contemplating renovation of
downtown buildings.
DISCUSSION
Why repeal the Historic Building Code?
When the HBC was approved it provided for different building codes that could be used
depending on the nature of the project. The HBC allows a property owner to decide
which code they would like to follow for a qualified historic building and other codes or
ordinances would not apply if the code or ordinance concerned a matter addressed in the
HBC. An ongoing concern is that appellants are referencing the HBC as the code in effect
for the entirety of a property, including maintenance, which is an incorrect interpretation.
This language in the HBC creates confusion for the Building Advisory and Appeals Board
and in the court system which complicates and delays enforcement efforts. Ultimately this
is having the unintended consequence of allowing existing historic buildings to fall into
disrepair.
When the HBC was adopted in 2002, the city had not adopted the International Existing
Building Code (IEBC). The IEBC contains many of the same provisions for design
alternatives that are contained in the HBC. IEBC Chapter 12 specifically addresses
Historic buildings and applies to buildings of historical significance as determined by the
State Historic Preservation Office. IEBC Chapter 13 in the IEBC is the performance
compliance method which allows for existing buildings to be evaluated to show that
alterations, while not meeting new construction requirements, will improve the current
existing situation. Provisions are based on a numerical scoring system involving 19
various safety parameters and the degree of code compliance for each issue. This is a
direct replacement for the Building evaluation method in the HBC 14-5-4.
The IEBC is also one in a family of International Code Council (ICC) codes currently
adopted by the city. This family of codes is regularly reviewed and updated. The IEBC
works well together with other codes including the International Building, Residential, Fire
and Mechanical Codes, all of which contain provisions for historic buildings.
104
On June 20th, the repeal of the HBC was brought before the Historic Preservation
Commission (HPC) for discussion and review. The HPC has recommended appeal of the
HBC for the reasons stated below. A decision letter is attached.
RECOMMENDATION
Housing & Community Development Department, Planning Services Department Staff
and the Historic Preservation Commission recommend repealing the Historic Building
Code for the following reasons:
1. The present HBC has not been updated since its adoption in 2002 (22 years ago).
2. The City has adopted the 2021 International Existing Building Code which allows
alternatives and exceptions from code requirements when the building has historic
value
3. The IEBC is part of the International Code Council family of codes that
are regularly updated.
4. The HBC has been used very infrequently since its adoption.
5. The repealing of the HBC will remove a barrier to enforcement efforts to prevent
ongoing deterioration of historic properties
REQUESTED ACTION
Inspection & Construction Services, together with Planning Services and the Historic
Preservation Commission has reviewed the proposed repeal of the Historic Building Code
and recommends approval as submitted. I respectfully request that City Council review and
adopt the prosed amendments to repeal the City of Dubuque Historic Building Code
Prepared by Michael Belmont
Assistant Housing & Community Development Director/ Building Official
Cc: Alexis Steger, Housing & Community Development Director
Wally Wernimont, Planning Services Director
Thea Dement, Historic Preservation Commission
3
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 42 - 24
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 5 HISTORIC BUILDINGS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 14 Building and Development is amended by repealing Chapter 5
Historic Buildings.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 1 st day of July, 2024.
Attest:
Adrienne Breitfelder, Lity Clerk
THE CITY OF
DUB TE
Masterpiece an the Mississippi
Dubuque Planning Services Department
krlhA City Hall - 50 West 13th Street
MI�-A1°7 i°' IA Dubuque, 52001-4845
I I I (563) 589-4210 phone
(563) 589-4221 fax
2007-2012.2013 (563) 690-6678 TDD
2017*2019 plan nina(a_cityofdubug ue.ora
June 25, 2024
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13th Street
Dubuque IA 52001
To Mayor and City Council Members:
We as members of the Historic Preservation Commission, by a vote of 6-0, support the
upcoming request to repeal the Historic Building Code (HBC) for the following reasons:
1. The present HBC has not been updated since its adoption in 2002 (22 years ago).
2. The City has adopted the 2021 International Existing Building Code (IEBC) which allows
exceptions from code requirements when the building in question has historic value just
like the HBC.
3. The IEBC is part of International Codes that are regularly updated by the International
Code Council.
4. The HBC has been used very infrequently since its adoption.
5. The repealing of the HBC will remove a barrier to enforcement efforts to prevent
ongoing deterioration of historic properties.
Thank you for your consideration of this important issue and your continued support of a
viable, livable and equitable Dubuque.
Sincerely,
bNwhWA)
Thea Dement
Acting Vice -Chairperson
Janice Esser
Commissioner
Richard Stuter
Commissioner
Tim Gau
Commissioner
4", —
Heidi Pettitt
Commissioner
Christina Monk
Commissioner
Service People Integrity Responsibility Innovation Teamwork
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
07/07/2024
and for which the charge is 11.98
7
Subscribed to before me, a Notary Public in and for
Dubuque County, Iowa,
this 8th day of July, 2024
Notary >ju lic in and for D bughe County, Iowa.
JANET K. PAPE
op 24 y Commission Number 199659
r My Commission Expires
/4w*
12/11/2025
Ad text :
CITY OF DUBUQUE
OFFICIAL PUBLICATION
ORDINANCE NO. 42 - 24
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14
BUILDING AND DEVELOPMENT, CHAPTER 5 HISTORIC BUILDINGS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. Title 14 Building and Development is amended by
repealing Chapter 5 Historic Buildings.
Section 2. This ordinance shall take effect upon
publication.
Passed, approved, and adopted this 1st day of July, 2024.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on
the 7th day of July, 2024.
/s/Adrienne N. Breitfelder, CMC, City Clerk
It 7/7