Code of Ordinances Amendment - Title 14 Building Code_Plumbing Code Board Copyright 2014
City of Dubuque Action Items # 5.
ITEM TITLE: Code of Ordinances Amendment - Chapter 1 Building Codes, Article H
Plumbing Code Board
SUMMARY: City Manager recommending approval of an ordinance which adds a new
Title 2, Chapter 5, Article H, Section 14-1 H-7 which establishes the
Plumbing Code Board and provides for the powers, operation,
membership and meetings.
ORDINANCE - Amending City of Dubuque Code of Ordinances Title 14
Building and Development, Chapter 1 Building Codes, Article H Plumbing
Code by Adopting A New Section 14-1 H-7 Establishing the Plumbing Code
Board and Providing for the Powers, Operation, Membership, and
Meetings
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A
ATTACHMENTS:
Description Type
❑ Plumbing Code Board-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Ordinance Ordinance
❑ Suggested Motion A& B Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Boards and Commissions — Plumbing Code Board
DATE: September 11, 2015
The City Attorney's Office and the City Clerk's Office have been working on updating
the Boards and Commissions ordinances to make the standard provisions in all of the
ordinances uniform and consistent.
Assistant City Attorney Crenna Brumwell recommends City Council approval of an
ordinance which adds a new Title 2, Chapter 5, Article H, Section 14-1 H-7 which
establishes the Plumbing Code Board and provides for the powers, operation,
membership and meetings. The Plumbing Code Board was originally established in
April 1921.
1 concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Crenna Brumwell, Assistant City Attorney
THS CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
CRENNA M . BRUMWELL , ESQ.
ASSISTANT CITY ATTORNEY /�
To: Michael C. Van Milligen /l/I`'`„".'_Y_
City Manager
DATE: September 10, 2015
RE: Boards and Commissions — Plumbing Code Board
The City Attorney's Office, together with the City Clerk's Office and each individual
department, have been working on updating the Boards and Commissions ordinances
for the City of Dubuque. The goal is to make the standard provisions in all of the
ordinances uniform and consistent.
Attached please find a draft ordinance for the Plumbing Code Board, which was
established in April 1921. For this ordinance, a new Title 2, Chapter 5, Article H, Section
14-1 H-7 is adopted which establishes the Plumbing Code Board and provides for the
powers, operation, membership, and meetings.
I recommend that the ordinance be submitted to the City Council for consideration.
Please let me know if you need further information.
Thank you.
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 61-15
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE H PLUMBING CODE
BY ADOPTING A NEW SECTION 14-1H-7 ESTABLISHING THE PLUMBING CODE
BOARD AND PROVIDING FOR THE POWERS, OPERATION, MEMBERSHIP, AND
MEETINGS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 14, Chapter 1, Article H of the City of Dubuque Code of
Ordinances is amended as follows:
14-1H-2: INTERNATIONAL PLUMBING CODE AMENDMENTS:
The following additions, deletions, modifications, or amendments of the international
plumbing code, 2012 edition, adopted in section 14-aH-1 of this article to read as
follows:
Sec. 109. Means of Appeal. See 14-1H-7.
14-1H-7: PLUMBING CODE BOARD:
A. Board Created: There is hereby created the Plumbing Code Board.
B. Purpose: The purpose of the board is to determine the suitability of alternative
materials and methods of installation; to provide for reasonable interpretations of the
International Plumbing Code; to serve as an appeal body for the decisions of the
building official; and to advise the city council on all plumbing regulations and
procedures.
C. Internal Organization And Rules: The board may adopt rules and regulations to
govern its organizational procedures as may be necessary and which are not in conflict
with this Code of Ordinances or the Iowa Code.
D. Procedures For Operation: All administrative, personnel, accounting, budgetary,
and procurement policies of the city govern the board in all its operations.
E. Membership:
1. The board comprises five (5) residents of the city, appointed by the city
council.
2. Residents must be eighteen (18) years of age or older.
3. Special Qualifications.
a. One (1) member must hold a license as a journeyman plumber of at
least five (5) years' experience;
b. Two (2) members must be master plumbers who have engaged in
the plumbing business as master plumbers for at least five (5) years in this
city;
c. One (1) member must hold a bachelor of science degree in the
area of physical science; and
d. One (1) member must represent the public at -large.
F. Oath: Each person, upon appointment or reappointment to the board, must
execute an oath of office at the first meeting of the board following the appointment or
reappointment or at the city clerk's office any time prior to the first meeting of the board.
G. Terms: The term of office for members of the _ board is three (3) years or until
such member's successor is appointed and qualified.
H: Vacancies: Vacancies must be filled in the same manner as original
appointments.
I. Officers/Organization: The board must choose annually a chairperson and vice -
chairperson, each to serve a term of one (1) year. The building official, or the building
official's designee, is the secretary of the board. The board must fill a vacancy among
its officers for the remainder of the officer's unexpired term.
J. Meetings:
1. Regular Meetings. The board must meet as necessary.
2. Special Meetings. Special meetings may be called by the chairperson or
at the written request of a majority of the members.
3. Open Meetings. All meetings must be called and held in conformance with
the Iowa Open Meetings Law.
4. Attendance.
a. In the event a member of the board has been absent for three (3) or
more consecutive meetings of the board, without being excused by the
chairperson, such absence will be grounds for the board to recommend to
the city council that the position be declared vacant and a replacement
appointed.
b. Attendance must be entered upon the minutes of all meetings.
5. Minutes. A copy of the minutes of all regular and special meetings of the
board must be filed with the city council within ten (10) working days after each
meeting, or by the next regularly scheduled city council meeting, whichever is
later.
6. Quorum. Three (3) members of the board constitute a quorum for the
transaction of business. The affirmative vote of a majority of the members
present and voting is necessary for the adoption of any motion or resolution.
K. Compensation: Members serve without compensation, provided that they may
receive reimbursement for necessary travel and other expenses while on official board
business within the limits established in the city administrative policies and budget.
L. Removal: The city council may remove any member for cause upon written
charges and after a public hearing.
M. Powers: The board has the following powers, duties, and responsibilities:
1. To determine the suitability of alternate materials and methods of
installation.
2. To provide for reasonable interpretations of the plumbing code.
3. To serve as an appeal body for the decisions of the building official.
4. To advise the city council on all plumbing regulations and procedures.
N. Duties When Serving As An Appeals Board: Any person who is aggrieved by a
decision of the building official on any requirements resulting from the enforcement of
the plumbing code, may appeal from such decision to the plumbing code board and the
board will serve as an appeal board. In case the aggrieved person is a member of the
board, the member is disqualified as a member of the board acting as an appeal board
for such appeal.
The appeal must be made by the person aggrieved, giving written notice of such appeal
to the building official at the building official's office within seven (7) days of receipt of
decision from which the appeal is taken. The plumbing code board sitting as an appeal
board must meet within seven (7) days after receiving such notice and must render a
decision within five (5) days thereafter. An aggrieved person and the building official
have the right to present their case to the appeal board, whose decision is final unless
appealed to the district court as provided by law.
The board of appeals may reverse or modify a decision of the building official only on
finding that:
1. The building official incorrectly interpreted a provision of this code;
2. The decision of the building official creates an unnecessary hardship upon
the appellant.
In so modifying or reversing such decision of the building official, the board of appeals
may authorize any alternate to the decision of the building official and the provisions of
the plumbing code, provided it finds the proposed material or method of construction is
satisfactory for the use intended and complies with the provisions of this code, and that
the material, method, or work offered is, for the purpose intended, at least equivalent to
that prescribed by this code in suitability, strength, effectiveness, durability, safety, and
sanitation.
The board of appeals must require that sufficient evidence or proof be submitted to
substantiate any claims made regarding the use of alternates.
Section 2. Nothing herein effects the term of any person serving as a member of
the board as of the effective date of this Ordinance.
Section 3. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 21st day of September, 2015.
grin V. Sutton, Mayor Pro -Tern
Attest:
Kev'n'S.Firnstahl, e'ity Clerk
EFFECT OF AMENDMENT
14-1H-2 INTERNATIONAL PLUMBING CODE AMENDMENTS:
The following additions, deletions, modifications, or amendments of the international
plumbing code, 2012 edition, adopted in section 14-1H-1 of this article to read as
follows
Sec. 109. Means Of Appeal. See 14-1 H-3.
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14-1H-7: PLUMBING CODE BOARD:
A. Board Created: There is hereby created the Plumbing Code Board.
B. Purpose: The purpose of the board is to determine the suitability of alternative
materials and methods of installation; to provide for reasonable interpretations of the
International Plumbing Code: to serve as an appeal body for the decisions of the
building official; and to advise the city council on all plumbing regulations and
procedures.
C. Internal Organization And Rules: The board may adopt rules and regulations to
govern its organizational procedures as may be necessary and which are not in conflict
with this Code of Ordinances or the Iowa Code.
D. Procedures For Operation: All administrative, personnel, accounting, budgetary,
and procurement policies of the city govern the board in all its operations.
E. Membership:
1. The board comprises five (5) residents of the city, appointed by the city
council.
2. Residents must be eighteen (18) year of age or older.
3. Special Qualifications.
a. One (1) member must hold a license as a journeyman plumber of at
least five (5) years experience;
b. Two (2) members must be master plumbers who have engaged in
the plumbing business as master plumbers for at least five (5) years in this
cid
C. One (1) member must hold a bachelor of science degree in the
area of physical science: and
d. One (1) member must represent the public at-large.
F. Oath: Each person, upon appointment or reappointment to the board, must
execute an oath of office at the first meeting of the board following the appointment or
reappointment or at the city clerk's office any time prior to the first meeting of the board.
G. Terms: The term of office for members of the board is three (3) years or until
such member's successor is appointed and qualified.
H: Vacancies: Vacancies must be filled in the same manner as original
appointments.
I. Officers/Organization: The board must choose annually a chairperson and vice-
chairperson, each to serve a term of one (1) year. The building official, or the building
official's designee, is the secretary of the board. The board must fill a vacancy among
its officers for the remainder of the officer's unexpired term.
J. Meetings:
1. Regular Meetings. The board must meet as necessary.
2. Special Meetings. Special meetings may be called by the chairperson or
at the written request of a maiority of the members.
3. Open Meetings. All meetings must be called and held in conformance with
the Iowa Open Meetings Law.
4. Attendance.
a. In the event a member of the board has been absent for three (3) or
more consecutive meetings of the board, without being excused by the
chairperson, such absence will be grounds for the board to recommend to
the city council that the position be declared vacant and a replacement
appointed.
b. Attendance must be entered upon the minutes of all meetings.
5. Minutes. A copy of the minutes of all regular and special meetings of the
board must be filed with the city council within ten (10) working days after each
meeting, or by the next regularly scheduled city council meeting, whichever is
later.
6. Quorum. Three (3) members of the board constitute a quorum for the
transaction of business. The affirmative vote of a maiority of the members
present and voting is necessary for the adoption of any motion or resolution.
K. Compensation: Members serve without compensation, provided that they may
receive reimbursement for necessary travel and other expenses while on official board
business within the limits established in the city administrative policies and budget.
L. Removal: The city council may remove any member for cause upon written
charges and after a public hearing.
M. Powers: The board has the following powers, duties, and responsibilities:
1. To determine the suitability of alternate materials and methods of
installation.
2. To provide for reasonable interpretations of the plumbing code.
3. To serve as an appeal body for the decisions of the building official.
4. To advise the city council on all plumbing regulations and procedures.
N. Duties When Serving As An Appeals Board: Any person who is aggrieved by a
decision of the building official on any requirements resulting from the enforcement of
the plumbing code, may appeal from such decision to the plumbing code board and the
board will serve as an appeal board. In case the aggrieved person is a member of the
board, the member is disqualified as a member of the board acting as an appeal board
for such appeal.
The appeal must be made by the person aggrieved, giving written notice of such appeal
to the building official at the building official's office within seven (7) days of receipt of
decision from which the appeal is taken. The plumbing code board sitting as an appeal
board must meet within seven (7) days after receiving such notice and must render a
decision within five (5) days thereafter. An aggrieved person and the building official
have the right to present their case to the appeal board, whose decision is final unless
appealed to the district court as provided by law.
The board of appeals may reverse or modify a decision of the building official only on
finding that:
1. The building official incorrectly interpreted a provision of this code:
2. The decision of the building official creates an unnecessary hardship upon
the appellant.
In so modifying or reversing such decision of the building official, the board of appeals
may authorize any alternate to the decision of the building official and the provisions of
the plumbing code, provided it finds the proposed material or method of construction is
satisfactory for the use intended and complies with the provisions of this code, and that
the material, method, or work offered is, for the purpose intended, at least equivalent to
that prescribed by this code in suitability, strength, effectiveness, durability, safety, and
sanitation.
The board of appeals must require that sufficient evidence or proof be submitted to
substantiate any claims made regarding the use of alternates.
I move to receive and file the communications and further move that the requirement
that a proposed Ordinance be considered and voted on for passage at two Council
meetings prior to the meeting at which is to be finally passed be suspended. (Motion B)
Vote — Then
I move final consideration and passage of the Ordinance. (Motion A)
If Motion B does not pass:
I move to receive and file the communications and I move first (second or third)
consideration of the Ordinance. (Motion A)
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, 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: September 25, 2015, and for which the charge is $81.91.
P,14.
Subscribed to before me, a N• ry Public in d for Dubuque County, Iowa,
this c?8s0 day of /%srL�' / , 20 /5 .
Notary Public in and for Dubuque ounty, Iowa.
Y K, WESTERMEYER
Commission Number 154885
My Conti. C J FSB. 1, 2017
OFFICIAL
PUBLICATION
ORDINANCE NO. 61-15
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE
14 BUILDING AND
DEVELOPMENT,
CHAPTER 1 BUILDING
CODES, ARTICLE Fl
PLUMBING CODE BY
ADOPTING 411 NEW
SECTION 14.1H-7
• ESTABLISHING THE
PLUMBING CODE
BOARD AND PROVID-
ING FOR THE_POW-
ERS, OPERATION,
MEMBERSHIP, AND
MEETINGS
,NOW, THEREFORE,
BE IT ORDAINED BY
THE CITY COUNCIL
OF THE CITY OF
DUBUQUE, IOVVA:
Section 1. Title 14,
Chapter 1, Article H of
the City of Dubuque
Code of Ordinances is
amended as follows:
• 14-1H-2:,. INTERNA-
TIONAL PLUMBING
CODE AMENDMENTS:
The following addi-
tions, deletions, modi-
fications, or. amend-
ments of the inter-
national plumbing
code, 2012 ,edition,
adopted in section 14-
aH-1 of this article to
read as follows:
• Sec. 109. Means of
Appeal. See 14-1H-3.
• 14-11-1-7: PLUMBING
CODE BOARD:
A. Board Created:
There is hereby creat-
ed the Plumbing Code
Board.
B. Purpose: The
purpose of the board is
to determine the
suitability of alter-
native materials and
methods of instal-
lation; to provide for
reasonable interpreta-
tions of the Inter-
national Plumbing
Code; to serve as an
appeal body for the
decisions of the
building official; and to
advise the city council
on all plumbing regu-
lations and procedures.
C. Internal Organi-
zation And Rules: The
board may adopt rules
and regulations to
g°vern its urganiZa-
proced es as
may be necessary and,
which are •not in.
conflict With this Code
of Ordinances ,or the
Iowa Cede.
iProbedUres , For
Operation: All ,
admin-
istrative, personnel,
accounting, 'budgetary,
and procurement poli-
cies of the city govern
the board in all its
operations.
E. Membership:
• 1. The board com-
prises five (5) resi-
dents of the city,
appointed by the city
t,' -`.-Residents must be
eighteen (18) years of
age or older.
3. Special Qualifica-
tions.a. One (1) rnember
must hold a license as
a journeyman plumber
of at least five (5)
years' experience;
b. Two (2) members
must be master
plumbers who haVe
engaged in the
plumbing business as
master plumbers for at
least five (5) years in
this city;
c. One (1) member
must hold a -bachelor
of science degree in
the, area of physical
science; and
' d: One (1) member
must represent the
• public at -large.
F. Oath: Each person,
upon apPointment or
reappointment to the
board, mustieecutel,an
•oath of office at the
first meeting of the
board,- following the
fitment of. reap -
eP
.city e k's, office 'anY
time prior to the first
meeting of the board.-- I
G. Terms: The term of
office for members of
the board is three (3)1
years, or until such '
member's successor
appointed and qua-
. fled. '
H: Vacancies; Vaca -
cies must be filled :In
the :same manner as
original -appointments.
Officers/Organiza-
• tion: 'Tlieboard must
choose"' 'annually, a
chairperton and vice -
chairperson, each to
serve a term of one (1)
year. • The building
official, or the building
official's designed, is I
, ,
the secretary of -the
board. The board Must t
aproti
e
c a rperson, sucn ao-
sence will be grounds
for' the board to
recommend to the city
council that the
position be declared
vacant and a re-
placement appointed.'
b. Attendance must
be entered upon the
minutes of at
meetings.
5. Minutes. A copy of
the-
minutes of all
re,gular' 'and special
meetings of the board
must :be -filed with 'the
city council within teh
(10),woridrig days after
each,,-ineeting,, or by
the', next regularly
Scheduled City council
meeting, whichever is
later.
E Quorum. Three ,(3)
members of the board
cdristitute a quorum
fori"tne--transaction of
business. The affrr
rriative vote of a
Majority of , the
Members present and
voting is necessary for
adoption of any
1145,tion or resolution.
ComPensatioll:
MeMbers serve with -
014 colinpensation, pro-
vided that they may
receive reimbUrsement
for necessary travel
and other expenses
while pn official boar
business within th
limits ,established
the city administrativ
policieS and budget.
L: Remov,a1:- The ,cit
coUnCil may remov
anY, member for cads
upon written charge
and after' a publi
hearing.
M.• Powers: The board
has the follovyih
powers, duties, an
responsibilities':
1. To determine th
suitability of alternat
materials and method
of installation.
' 2. To provide f�
creoaaseo.n lrl,terPreta
ions of the plumbing
3.- To serve,•as an
aRpeal body, for, the
dedisions , of the
building
To..,advise the city
rCeognunicaltli000nsallagnIdUn:bpiiro!
cedures.
N DUties When
Serving As An Appeals
Board: Any person whb
is -aggrieVed by •a
decision of the bbilding
official On, any
requirements ,resulting
from rthe enforcement
of the plumbing code,
may appeal from such
decision to = the
plumbing code board
nd the board vvil
erve as an apnea
oard. In case the
ggrieved person is a
member of the board,
heoa f Toed Mabse ar Se trt, doi es -r
f the board acting as
n appeal board for
n '
e
e
6
e
fill a vacancy among
its officers for the
remainderof the
pireti
officer's unex
term.
J. Meetings:
1, Regular Meetings.
The board must rneet
as necessary.
2. Special Meetings.
Special meetings may
be , called by the
chairperson or ,at the
written request of ' a
Majority ofthe
members.
3. Open Meetings. All
meetings must be
called arid held in
conformance withthe
lovva Open Mee gs
aw,• a
,4. Attendance. s
a. In the event a b
member of the board a
has been absent fOr
-,:three (3) or'more ' t
consecutive. meetings q
of the board, withoLit,,i o
being excused- by the ' a
uch appeal:
- - - -
5
The appeal must be
made by the persori
aggrieved, giving writ,
ten notice of such
app-eal to the building
official at the building
official's , office with n
seven (7) days of
receipt of decision
from which the appeal
• is taken. The plumbing
code board sitting as
an appeal board must
meet within seven (7)
days after - receiving
such' notice and must
render , a ,decision
within five (5) • days
• thereafter. AR aggriev-
ed', person and . the ,
• building—offiCial have
the: right to present
their
al ebausearde,w.hotSilee
decision'is final unless
appealed to the distriCt
court as provided '1?Ni
law.-:
,The board of 'appeals
may reverse qr modify ,
a decision of the
building official only on
finding that:
1. The building official
incorrectly interpreted
a provision, of this
code;
t ,,hi2oniitni, of
do eftfCh,.i board
rorefda the,eoos_fr
reversing such ilanig
s4hnlpununpeoche's:'tshaerY ahpaPredl
In so modifying' -do..
•
official, the
appeals may authorize
eny ,alternate to th
decision of the building
official and the
complies
provisions ivp satisfactorypi oshoeeni snr Idgts e intended
wdoaedtoi tdeet hf patt r the
Prrietliod construction
is
•
plumbing
it • finds the
provisions of this code,
and that the material,
method, or work
offered is, for the
purpose • intended, at
least equivalent to that
prescribed by this code
in suitability, strength,
effectiveness, • durabil-
ity, safety, and sani-
tation.
The board of appeals
must require' that
sufficient evidence or
proof be submitted to
substantiate any
•Clainis made, regarding
the use of alternates.
Section 2. Nothing
herein effects the term
of any person serving
as a member of, the
lefifaerclive date° ,rof thistrle
Ordinance.
Section ' This
Ordinance takes effect
upon publication.
Passed, approved and
adopted' this 21st day
,ofSeptember, 2015iit -
-/s/Lynn V. Su on,
, - Mayor pro em
rte:Iir,/(i; I
v S
,irn y lerk
Published officially in
the; Telegraph Herald
newspaper qn the 25th
,day of September,
" /S/Kevin S. Firnstahl,
, City Clerk
1t 9/25