Ordinance 02-05OFFICIAL PUBLICATION
ORDINANCE NO. 2-05
AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING
CHAPTER 19 FIRE PREVENTION AND PROTECTION AND ADOPTING A NEW
CHAPTER 19 FIRE DEPARTMENT IN LIEU THEREOF.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Chapter 19 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
Chapter 19
FIRE DEPARTMENT
ARTICLE I. IN GENERAL
Sec. 19-1. International Fire Code -Adopted
(a) Except as hereinafter added to, deleted, modified or amended, the
International Fire Code, 2003 Edition, as promulgated by the International Code
Council is hereby adopted by reference from the effective date of this Section.
(b) A copy of the International Fire Code, 2003 Edition, shall be on file in the
office of the City Clerk for public inspection.
Sec. 19-2. International Fire Code -Amendments.
The code adopted by Section 19-1 of this Chapter is hereby amended as provided in
this Section:
(a) Section 102.5, Historic Buildings, is hereby amended by repealing such
section and adopting a new section in lieu thereof as follows:
Section 102.5, Historic Buildings, the construction, alteration,
repair, enlargement, restoration, relocations or moving of such
buildings shall be in accordance with Chapter 11, Sections 11-70
thru 11-79 of this Code of Ordinances.
(b) Section 104.1.2, Fire/Police Investigators, The Fire Chief may appoint and
designate such members of the Fire Department as Fire/Police Investigators
upon being certified by the Iowa Law Enforcement Academy. A Fire/Police
Investigator shall have the powers of a peace officer in performing the duties
under this code, including full powers of arrest to effectuate the duties of
enforcing City Ordinances and State statutes. Notwithstanding such status as a
peace officer, a Fire/Police Investigator shall be subject to the rules and
regulations of the Dubuque Fire Department and shall perform such functions as
the Fire Chief shall assign.
(c) Section 105, Permits required, is hereby amended by repealing such
section and adopting a new section in lieu thereof as follows:
Section 105, Permits required. It shall be unlawful for any person,
firm or corporation to use a building or premises or engage in any
activities for which a permit is required by this Code of Ordinances
without first having obtained such permit.
(d) Section 108, Board of Appeals, is hereby amended by repealing such
section and adopting a new section in lieu thereof as follows:
Section 108, Board of Appeals. Whenever the Fire Chief shall
disapprove an application or refuse to grant a permit applied for,
that applicant may appeal from the decision of the Fire Chief to the
City Manager within ten (10) days from the date of the decision
appealed. Such appeal to the City Manager shall be made in
writing setting forth the decision appealed from and the grounds for
such appeal.
(e) Section 109.3, Violation Penalties is hereby repealed.
Sec. 19-3. Uniform Fire Code -Definitions: Repealed and deleted
Sec. 19-4. International Fire Code -Enforcement:
The Code adopted by Section 19-1 of this Chapter shall be enforced by the Bureau of
Fire Prevention in the Fire Department of the City.
Sec. 19-5. Emergencies:
Where a situation requires immediate decision that of the chief of the Bureau of Fire
Prevention shall be final and conclusive.
Sec. 19-6. Special Conditions:
The chief of the Bureau of Fire Prevention shall have full power to exercise the chief of
the Bureau of Fire Prevention's own 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 Chapter not specifically covered thereby.
Sec. 19-7. Smoking, Carrying Lighted Objects In Specified Places Restricted:
(a) No person shall smoke or carry a lighted cigar, cigarette, pipe or match, or
use any spark, flame or fire -producing device not especially authorized for use in
such places by the Fire Chief, in any of the following places:
(1) Retail Stores: Retail stores designed and arranged to accommodate
more than one hundred (100) persons, or in which more than ten (10)
persons are employed. This prohibition shall not apply to smoking in
restrooms, restaurants, executive offices, or beauty parlors in retail stores,
when specifically approved by the Fire Chief by written order to the person
having control of the premises upon a finding that such use therein is not
dangerous to life or property.
(2) Elevators: Elevators, regardless of capacity, in any public place.
(3) Public Lodging Houses: In beds in hotels, dormitories and rooming and
lodging houses. A printed notice advising the occupant of the effect of this
Section shall be posted in a conspicuous place in every room of the
building.
(4) Public Theaters: During a performance in public theaters, motion
picture houses, auditoriums, gymnasiums, and the like, including the
dressing rooms, except that the prohibition of this Section shall not apply
to smoking rooms and areas and restrooms when specifically approved by
the Fire Chief by written order to the person having control of the
premises, upon a finding that such use therein is not dangerous to life or
property. The prohibition of this Section shall not be construed to prohibit
smoking by performers on the stage as part of any theatrical production.
(5) Transit Authority Buses: Buses operated by the Dubuque Transit
Authority of the City and any other motor vehicle operated by such
authority hauling fare -paying passengers in the City.
(b) It shall be unlawful for any person or such person's agent, having control
of any premises or place to knowingly permit a violation of this Section.
(c) The Fire Chief shall have the authority to order "Smoking Prohibited by
Law" signs erected in any place of public assemblage where, in the Fire Chief's
opinion, smoking or the carrying of a lighted cigar, cigarette, pipe or match, or
any use of any spark, flame or fire -producing device, not specifically authorized
for use in such place, would constitute a menace to life or property.
(d) Every person, or such person's agent, having control of the premises
upon which smoking or the carrying of lighted objects is prohibited by, or under
the authority of this Section, shall conspicuously display upon the premises signs
reading "Smoking Prohibited by Law" in such number and in such location and of
such size as the Fire Chief may find reasonable and necessary.
(e) No person shall smoke in any properly placarded place, nor shall any
person remove any placard required to be erected by or under the authority of
this section. (1976 Code, § 14-9)
Sec. 19-9. Burning Restrictions:
(a) It shall be unlawful for any person to burn or incinerate any solid waste
within the City except by permission of the City Manager. This Section shall
apply to all solid waste as defined by the Iowa Department of Natural Resources
and shall specifically include all wastepaper, boxes, building materials, yard
waste, tree stumps, and all other materials other than conventional materials
used as fuels for a furnace or boiler.
(b) This Section shall not apply to any incinerator operated under a license
granted by the Iowa Department of Natural Resources nor to any burning
conducted under the direction of the Fire Department for training purposes.
(c) This Section shall not apply to outdoor cooking using charcoal, natural or
propane gas as a fuel, small wood fires consistent with Section 307.3.2
Recreational fires, of the International Fire Code, bonfires or prescribed fires as
regulated by this Chapter.
Sec. 19-10. Special Permission To Burn Yard Waste:
(a) The City Manager may allow the burning of yard waste, including tree
stumps, and other yard -generated waste, for limited and specific periods. This
provision shall apply only to the burning of such waste on the premises where
such waste was generated.
(b) The City Manager may only permit such open burning when the ambient
air quality of the City has met all air quality standards of the Iowa Department of
Natural Resources for the preceding six (6) month period.
Sec. 19-11. Cancellation Of Permitted Open Burning:
Permitted open burning of yard waste may be cancelled immediately by the City
Manager in the event of unfavorable local weather or atmospheric conditions, or such
other conditions as the City Manager deems appropriate.
Sec. 19-12. Smoke Detection:
The owner of a building or structure that has a commercial use and which also contains
one or more dwelling units, a congregate residence or a sleeping room, and which is
not otherwise required by this Code of Ordinances to install smoke detectors in such
building or structure shall during any substantial reconstruction or remodeling of such
building or structure install multi -station smoke detectors on each level of the building or
structure in each public or common area and in the basement at locations approved by
the Fire Marshal. All such smoke detectors shall be interconnected to ensure
simultaneous notification of all building occupants.
The smoke detectors shall receive their primary power from the building wiring with
secondary battery power. The wiring shall be permanent and without a disconnecting
switch other than a switch required for over -current protection.
The smoke detectors shall be installed according to the manufacturer's instructions
Secs. 19-13-20. Reserved
ARTICLE II. FIRE DEPARTMENT
DIVISION 1. GENERALLY
Sec. 19-21. Service Outside The City Restricted:
No fire service shall be rendered outside the limits of the City by firefighting equipment
and City personnel except as follows:
(1) To protect property of the City located outside the corporate limits of the City;
or
(2) Pursuant to a written mutual aid agreement for emergency fire service on a
reciprocal basis with another governmental entity.
Sec. 19-22. Service Charges:
Persons requesting assistance for the following services from the Fire Department shall
pay a fee as established by the Chief of the Fire Department:
(1) For opening or gaining entrance to any structure;
(2) For the pumping and removal of liquids of any nature from any building or
excavation other than liquids deposited in such area as a result of firefighting
activities.
Sec. 19-23. Standby Service:
(a) Whenever fire equipment and fire personnel are requested to standby
there shall be a standby fee set by the Chief of the Fire Department paid to the
City by the person requesting the service.
(b) The fee as set forth above shall be in addition to any fees or charges
prescribed for ambulance service in Sections 23-31 through 23-35 of this Code.
Secs. 19-24-19-30. Reserved:
DIVISION 2. BUREAU OF FIRE PREVENTION
Sec. 19-34. Blasting, Fireworks and Pyrotechnics, Bonfires, Open Burning of Land
Clearance Material, Open Burning of Agricultural Land and Prescribed Burns:
(a) Blasting: No person shall engage in any activity involving blasting with
explosives within the City without first obtaining a permit from the Chief of the
Fire Department.
(b) Fireworks And Pyrotechnics: No person shall engage in any activity
involving the use or display of fireworks or pyrotechnics without first obtaining a
permit from the Chief of the Fire Department.
(c) Bonfire: No person shall light and/or conduct a bonfire without first
obtaining a permit from the Chief of the Fire Department.
d) Open Burning Of Land Clearance Materials: No person shall burn
materials resulting from land clearance activities without first obtaining a permit
from the chief of the fire department.
(e) Open Burning On Agricultural Property: No person shall, on property
zoned agricultural, burn vegetation or growing form wood originating on the
property without first obtaining a permit from the chief of the fire department.
(f) Prescribed Burns: No person shall kindle a fire for recognized silviculture!,
range or wild life management practices, or for prevention or control of disease
or pest with out first obtaining a permit from the Chief of the Fire Department.
Sec. 19-35. Fees And Requirements For Permits:
Fees and requirements for each permit issued shall be established by the Chief of the
Fire Department.
Secs. 19-36-19-40. Reserved.
ARTICLE III. SERVICE STATIONS, TANK VEHICLES
AND STORAGE TANKS
DIVISION 1. SERVICE STATIONS
Sec. 19-41. Definition:
For the purposes of this Article the following term shall have the meaning ascribed to
such term in this Section:
Service Station: That portion of a property where flammable or combustible liquids
used as motor fuels are stored and dispensed from fixed equipment into fuel tanks of
motor vehicles or floating crafts.
Sec. 19-44. Unloading Of Tank Vehicles While On Public Streets Prohibited; Exception:
No tank vehicle shall discharge or unload, or transfer Class I flammable liquid while any
portion thereof is standing on any street, alley or public highway, except in the case of
emergency. In the event an emergency requires the discharge or unloading of Class I
flammable liquid from any tank vehicle on a public street or highway, the Chief shall be
notified and such operation shall not be commenced until such necessary safeguards
as the Chief shall require have been established.
Sec. 19-51. License Required:
No person shall engage in the operation of any service station within the City without
first obtaining an annual license therefor from the Chief of the Fire Department. The
applicant shall pay a fee therefor as established by the Chief.
Sec. 19-52. Applications:
Applicants for a service station license shall file with the Chief an application showing:
(1) The name and address of the applicant;
(2) The location of the service station;
(3) The name and address of the owner of the premises on which the service
station is located;
(4) The name and address of the operator of the service station; and
(5) The amount of Class I flammable liquid storage provided in such service
station.
Sec. 19-53. Fees And Requirements For Licenses:
Fees and requirements for service station licenses shall be established by the Chief of
the Fire Department.
Sec. 19-54. Expiration; Renewal:
The license required by this Division shall expire on June 30 following the issuance
thereof and renewal fees for such licenses shall be due July 1 of each year for the
following year and shall become delinquent if unpaid by July 10 of each year. A penalty
fee shall be added to all delinquent fees.
Secs. 19-55-19-60. Reserved:
DIVISION 2. BULK STORAGE TANK LICENSES 70
Sec. 19-61. License Required:
No person shall engage in the operation or business of storing, handling or dispensing
of corrosive, flammable, or combustible liquids, including liquid petroleum gas (LPG) at
any location within the City without first securing an annual license from the Chief of the
Fire Department and paying a fee therefor.
Sec. 19-62. Exemption:
Service stations licensed under Division 2 of this Article, fuel oil used in connection with
oil burning equipment located on or in the premises in which the fuel oil is stored and
liquid petroleum gas (LPG) used in connection with equipment located on or in the
premises in which the liquid petroleum gas (LPG) is stored are not subject to the
licensing requirements of this Division.
Sec. 19-63.1. Fees And Requirements:
Fees and requirements for bulk storage licenses shall be established by the Chief of the
Fire Department.
Sec. 19-64. Expiration; Renewal:
The license required by this Division shall expire on June 30 following the issuance
thereof and renewal fees for such licenses shall be due July 1 of each year for the
following year and shall become delinquent if unpaid by July 10 of each year. A penalty
fee shall be added to all delinquent fees.
Section 2. This Ordinance shall take effect upon publication.
Passed, approved and adopted this 3rd day of January, 2005.
/s/Terrance M. Duggan, Mayor
Attest:
/s/Jeanne F. Schneider, CMC
City Clerk
Published officially in the Telegraph Herald Newspaper the 10th day of January, 2005.
/s/Jeanne F. Schneider, CMC
City Clerk
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