Supplement No. 23 - Code of Ordinances - November 2016STERLING CODIFIERS
3906 Schreiber Way
Coeur d'Alene, ID 83815
(208) 665-7193
'EIVED
16 NOV 23 AM 10: 09
City Clerk's Office
Dubuque, i,A
INSTRUCTION SHEET:
REMOVE PAGE HEADED
Preface
DUBUQUE, Iowa
Supplement No. 23/November, 2016
Includes Ordinances: 20-16 through 33-16, 37-16, 38-16, 39-16,
41-16 through 48-16 and 52-16 through 56-16
VOLUME I
TABLE OF CONTENTS:
Table Of Contents, Title 1, Administration
TITLE 1:
1-6A-3, 1-6A-3: Types Of Meetings
1-6A-10, 1-6A-10: Motions For Special
and following three pages
TITLE 2:
Title 2, Boards And Commissions
2-5B-1, Chapter 5, Article B. Housing
2-5B-13, E. To request and review ongoing
2-6-1, Chapter 6, Environmental Stewardship
and following three pages
TITLE 3:
3-4D-5, C. The reason for the eviction or
and following page
TITLE 4:
4-5-5, arising from such sale; provided
and following page
4-7B-8, 2. Application For Taxicab Business
and following two pages
TITLE 6:
6-4-1, Chapter 4, Nuisances
and following page
TITLE 8:
8-5-2, (3) All premises within such dwellings
and following page
INSERT NEW PAGE HEADED
Preface
Table Of Contents, Title 1, Administration
1-6A-3, 1-6A-3: Types Of Meetings
1-6A-10, 1-6A-10: Motions For Special
and following three pages
Title 2, Boards And Commissions
2-5B-1, Chapter 5, Article B. Housing
2-5B-13, E. To request and review ongoing
2-6-1, Chapter 6, Resilient Community
and following five pages
3-4D-5, C. The reason for the eviction or
and following page
4-5-5, arising from such sale; provided
and following page
4-7B-8, 2. Application For Taxicab Business
and following two pages
6-4-1, Chapter 4, Nuisances
and following page
8-5-2, (3) All premises within such dwellings
and following page
REMOVE PAGE HEADED
TITLE 9:
9-8-321 .326, Chapter 8, Pedestrians' Rights
and following page
9-14-321.739, 9-14-321.739: Residential
VOLUME II
TABLE OF CONTENTS:
Table Of Contents, Title 1, Administration
TITLE 14:
14-1A-1, Chapter 1, Article A. Building Code
and following page
14-1A-5, or city manager's designee for the
and following eleven pages
14-1D-2, 1.59 mm (1/16 in.) thick and covered
14-1E-1, Chapter 1, Article E. Fire Code And
and following twenty six pages
14-1J-1, Chapter 1, Article J. Property
and following eight pages
14-2-3, vided, that a fee is paid for each
and following six pages
14-4-1, Chapter 4, Licensing Of Vacant And/Or
and following four pages
14-9-1, Chapter 9, Swimming Pools
and following page
TITLE 15:
15-2-10, 15-2-10: Meetings
TITLE 16:
16-5-14-1, Furniture or home furnishing sales
and following page
16-5-15-1, Housing for the elderly or persons
16-8-1, utilize a fair and unbiased method
16-9-1, advisory commission must coincide
16-10-6, may grant, in writing, one or more
16-13-1, Chapter 13, Site Design Standards
and following page
INDEX:
- B-, Bicycles (cont.)
and following four pages
- E-, Encroachments On Public Places (cont.)
and following page
-L-, Liquor Control (cont.)
- M-, Motor Vehicles..., Residential Parking
- P-, Parks And Recreation (cont.)
and following three pages
INSERT NEW PAGE HEADED
9-8-321.326, Chapter 8, Pedestrians' Rights
and following page
9-14-321.739, 9-14-321 .739: Residential
Table Of Contents, Title 1, Administration
14-1A-1, Chapter 1, Article A. Building Code
and following two pages
14-1A-5, or city manager's designee for the
and following eleven pages
14-1D-2, 1.59 mm (1/16 in.) thick and covered
and following page
14-1E-1, Chapter 1, Article E. Fire Code And
and following twenty seven pages
14-1J-1, Chapter 1, Article J. Property
and following nine pages
14-2-3, vided, that a fee is paid for each
and following six pages
14-4-1, Chapter 4, Licensing Of Vacant And/Or
and following four pages
14-9-1, Chapter 9, Swimming Pools
15-2-10, 15-2-10: Meetings
16-5-14-1, Furniture or home furnishing sales
and following page
16-5-15-1, Housing for the elderly or persons
16-8-1, utilize a fair and unbiased method
16-9-1, advisory commission must coincide
16-10-6, may grant, in writing, one or more
16-13-1, Chapter 13, Site Design Standards
and following page
- B-, Bicycles (cont.)
and following four pages
- E-, Encroachments On Public Places (cont.)
and following page
-L-, Liquor Control (cont.)
- M-, Motor Vehicles..., Residential Parking
- P-, Parks And Recreation (cont.)
and following three pages
TABLE OF CONTENTS
TITLE 1
Administration
Dubuque City Code 1
Saving Clause 2
Definitions 3
General Penalty 4
Charter 5
Mayor And City Council 6
Rules And Procedure 6A
City Officers And Employees 7
Elections, Precincts And Wards 8
Evidentiary Hearings By
City Council 9
Miscellaneous Administrative
Provisions 10
Emergency Succession During
Disaster 11
TITLE 2
Boards And Commissions
Hearings And Appeals 1
Civil Service Commission 2
Investment Oversight Advisory
Commission 3
Civic Center Advisory
Commission 4
Housing Agency And Community
Development Commissions 5
Municipal Housing Agency And
Governing Board (Rep. by Ord.
26-09, 6-1-2009) 5A
Housing Commission 5B
Community Development
Advisory Commission 5C
Trust Fund Advisory
Committee 5D
Environmental Stewardship
Advisory Commission 6
Board Of Library Trustees 7
Arts And Cultural Affairs
Advisory Commission 8
Sister City Relationships
Advisory Commission 9
Safe Community Advisory
Committee (Rep. by Ord.
65-12, 12-17-2012) 10
Cable Television Commission 11
TITLE 3
Revenue And Taxation
Property Tax 1
Revitalization Areas 2
Hotel And Motel Tax 3
Economic Development 4
Industrial Projects 4A
Enterprise Zone Commission
(Rep. by Ord. 43-14,
6-7-2014) 4B
Speculative Shell Buildings
Of Community Development
Organizations And For Profit
Entities 4C
Residential Relocation
Assistance Program 4D
TITLE 4
Business And License Regulations
Business Licenses Generally 1
Liquor Control 2
Alcoholic Beverages 2A
Liquor, Beer And Wine
Licenses And Permits 2B
Excursion Boat Admission Fees 3
Central Market 4
Solicitor's License 5
Pawnbrokers And Secondhand
Dealers; Junk And Auto
Salvage Dealers 6
Pawnbrokers And Second-
hand Dealers 6A
Junk Dealers And Auto
Salvage Dealers 6B
July 2016
City of Dubuque
TITLE 4 (cont.)
Vehicles For Hire And Public
Transportation
Nonmotorized Vehicles
Motorized Vehicles For Hire ..
Adult Entertainment Establish-
ments
General Offenses 5A
Drug Paraphernalia 5B
Crime Property 5C
7 Parental Responsibility 5D
7A Social Host Responsibility 5E
7B Animal Control 6
Miscellaneous Provisions 6A
8 Dogs And Cats 6B
Rabies Control 6C
Dangerous Animals 6D
Potentially Vicious Dogs 6E
Bicycles 7
TITLE 5
Transit System
Transit Advisory Board 1
TITLE 6
Health, Housing, Sanitation
And Environment
Health And Safety Regulations . 1
Food Establishments And Hotel
Sanitation 2
Ambulances 3
Nuisances 4
Noises 5
Housing Regulations (Rep. by
Ord. 8-16, 4-4-2016,
eff. 7-1-2016) 6
Hazardous Waste, Substances
And Conditions 7
Trees And Weeds 8
Fire Prevention Regulations 9
TITLE 7
Police, Fire And Public Safety
Police Department
Fire Department
Emergency Management
Alarm System Permits
Offenses
July 2016
TITLE 8
Human Rights
Definitions; General Provisions 1
Human Rights Commission 2
Unfair And Discriminatory
Practices 3
Disability Discrimination 3A
Enforcement Of Civil Rights 4
Fair Housing 5
TITLE 9
Motor Vehicles And Traffic
General Provisions 1
Registration, Certification Of
Title, And Proof Of Security
Against Financial Liability 2
Special Antitheft Law 3
Drivers' Licenses 4
Obedience To And Effect Of
Traffic Laws 5
Powers Of Local Authorities 6
Operation 7
1 Pedestrians' Rights And Duties 8
2 Special Stops Required 9
3 Miscellaneous Rules 10
4 School Buses 11
5 Equipment 12
City of Dubuque
1-6A-3
1-6A-3: TYPES OF MEETINGS:
1-6A-4
A. Regular Meetings: Regular meetings of the council must be held on
the first and third Mondays of each month. However, when the first
or third Monday falls upon any of the following city holidays, such
meeting must be held on the next succeeding day:
New Year's Day
Martin Luther King's Birthday
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
New Year's Eve (Ord. 56-11, 12-19-2011)
B. Special Meetings: Special meetings may be called by the mayor or
by a majority of the members of the city council. The call for a
special meeting shall be filed with the city clerk in written form,
except that announcement of a special meeting during any regular
meeting shall be sufficient notice of such special meeting. The call
for a special meeting shall specify the day, the hour, and the location
of the special meeting and shall list the subject or subjects to be
considered.
C. Recessed Meetings: Any meeting of the city council may be
recessed to a later date and time; provided, that no recess shall be
for a longer period than until the next regular meeting.
D. Work Sessions: The city council may meet informally in work
sessions (open to the public), at the call of the mayor or of any four
(4) members of the city council, to review forthcoming programs of
the city, receive progress reports on current programs or projects, or
receive other similar information from the city manager. (2007 Code
§ 2-33)
1-6A-4: RECORDS:
A. Preparation: Immediately after each regular or special meeting of the
council, the city clerk shall prepare a complete record of the
proceedings of such meeting, which shall contain in full the motions
February 2012
City of Dubuque
1-6A-4 1-6A-6
and resolutions offered or adopted, and all other action taken, or
proceedings had at such meeting.
B. Printing: The city clerk shall cause a condensed record of such
proceedings to be published in the official papers. The city clerk
shall also have the complete record printed on good paper with
pages of uniform size suitable for binding in permanent form, which
pages shall be numbered consecutively.
C. Monthly Record: Before the first meeting in each month, the city
clerk shall have printed proceedings of all meetings held during the
previous month, bound together in pamphlet form, and shall furnish
copies of the same to the mayor and members of the council and to
such other officers as the council may direct. At the first regular
meeting in each month, the record of the proceedings included in
such pamphlet shall be read, unless such reading shall be dispensed
with by the council. If objection to any part of the record is raised by
a member of the council, the same, if found to be incorrect, shall be
corrected, and when the record is correct, the same shall, by motion,
be approved. When the record has been so approved, the printed
record of each meeting contained in said pamphlet shall be signed
by the mayor and attested by the city clerk, and shall then become
the official record of the proceedings contained therein.
D. Permanent Binding: After the last day of December of each year, the
city clerk shall have the printed pamphlets, which constitute the
official record for the preceding twelve (12) months, bound together
in book form, together with a complete index by subjects of the
contents thereof, and when so bound said book shall constitute the
permanent official record for the year, and the same shall be filed
and kept in the office of the city clerk. (2007 Code § 2-33.10)
1-6A-5: ATTENDANCE OF MEDIA AT COUNCIL MEETINGS: All
meetings of the city council shall be open to the media, freely
subject to recording by radio, television and photographic services at any
time; provided, that such arrangements do not interfere with the orderly
conduct of the meetings. (2007 Code § 2-34)
1-6A-6: PRESIDING OFFICER:
A. Presiding Officer: The mayor shall preside as the presiding officer at
all meetings of the city council. In the absence of the mayor, the
February 2012
City of Dubuque
1-6A-10
1-6A-10: MOTIONS FOR SPECIAL PURPOSES:
1-6A-10
Kind Of Motion
Object
Effect
To lay on the table
Clear floor for more
urgent business
Delays action
To call for previous
question
Secure immediate vote
on pending question
Ends debate
To limit or extend time
for debate
Provide more or less
time for discussion
Shortens or lengthens
discussion period
To postpone definitely
(to a certain time)
Often gives more time for
informal discussion and
for securing followers
Delays action
To commit or refer
To enable more careful
consideration to be given
Delays action
To amend
To improve the motion
To change the original
motion
To postpone indefinitely
To prevent a vote on the
question
To suppress the
question
To raise a point of order
To call attention to viola-
tion of rules
Keeps group functioning
according to parliamen-
tary procedures
To appeal from the
decision of the chair
To determine the attitude
of the group on the ruling
made by the chair
Secures ruling of the
group rather than by the
chair
To suspend the rules
To permit action not
possible under the rules
Secure action which
would otherwise be
prevented by the rules
To object to the consid-
eration of a question
Prevent wasting time on
unimportant business
Suppress the motion
To divide the question
Secure more careful
consideration of parts
Secures action by parts
To nominate
Suggest names for office
Places before the group
names for consideration
To make a request grow-
ing out of pending
business
To secure information or
ask to be excused from a
duty
Provide information
City of Dubuque
1-6A-10
1-6A-11
Kind Of Motion
Object
Effect
To fix the time at which
to adjourn
To have legal continua-
tion of the meeting
Sets definite continua -
tion time
To adjourn
End the meeting
Adjourns the meeting
To take a recess
To secure an intermis-
sion
Delays action
To raise a question of
privilege
To correct undesirable
conditions
Corrects undesirable
condition
To call for the order of
the day
To secure adherence to
order of business
Same as object
To take from the table
Continue the considera-
tion of the question
Continue consideration
of question
To reconsider (only a
member of the prevailing
side may make this
motion)
To reconsider the
question
Secures further consid-
eration and another vote
on the question
To reconsider and have
entered on the minutes
(only a member of the
prevailing side may make
this motion)
To reconsider the
question at the next
meeting
Secures further consid-
eration and another vote
on the question
To rescind
Repeal action previously
taken
Same as object
To ratify
Approves previous action
taken
Same as object
(2007 Code § 2-39)
1-6A-11: ORDER OF BUSINESS AND AGENDA:
A. Agenda: The order of business of each regular meeting shall be as
contained in the agenda prepared by the city clerk. The agenda shall
be a listing by topic of subjects to be considered by the city council.
B. Order Of Business: The general rule as to the order of business in
regular meetings shall be as follows:
1. Reading of the call.
City of Dubuque
1-6A-11 1-6A-12
2. Roll call.
3. Proclamations.
4. Consent items; business licenses.
5. Items to be set for public hearing.
6. Appointments to boards and commissions.
7. Public hearings.
8. Action items.
9. Public input.
10. Adjournment. (2007 Code § 2-40)
1-6A-12: ORDINANCES, RESOLUTIONS AND MOTIONS:
A. Form: Ordinances and resolutions shall be presented to the city
council only in printed, electronic or typewritten form.
B. Ordinances; Confined To One Subject; Exceptions: No ordinance
except an appropriation ordinance, an ordinance adopting or
embodying an administrative or governmental code, or an ordinance
adopting a code or ordinance, shall relate to more than one subject
which shall be clearly stated in its title.
C. Review By City Manager And City Attorney: All ordinances and
resolutions shall be reviewed by the city manager and approved by
the city attorney as necessary.
D. Reading By Title Only: Upon being introduced, each proposed
ordinance or resolution shall be read by title only, unless a member
of the city council requests a full reading of the ordinance or
resolution.
E. Recordings Of Votes: The ayes and nays shall be taken upon the
passage of all ordinances, resolutions or motions and entered upon
the minutes of the city council.
City of Dubuque
1-6A-12 1-6A-13
F. Method Of Voting: When any vote is called, each council member
shall respond "yes (aye)", "no (nay)", or "abstain". An abstention vote
shall be considered as a vote with the prevailing side.
G. Tie Vote: In the event of a tie in votes on any motion, the motion
shall be considered lost. A council member may then direct to place
the item on the next agenda.
H. Numbering Ordinances And Resolutions: Upon passage, a number
shall be assigned to each ordinance or resolution by the city clerk.
I. Ordinance Passage Procedure: When passed by the city council, an
ordinance shall be signed by the presiding officer, attested to by the
city clerk, published in the designated newspaper and thereafter
preserved in the office of the city clerk. (2007 Code § 2-41)
1-6A-13: COMMITTEES, BOARDS AND COMMISSIONS ESTAB-
LISHED:
A. Citizen Committees, Boards And Commissions: The city council may
establish committees, boards, and commissions to assist in the
conduct of the operation of the city government with such duties and
powers as the city council may specify not inconsistent with this
code or the laws of the state.
B. Membership And Selections: Membership and selection of members
of boards and commissions shall be as specified in this code or the
code of Iowa. Any committee, board, or commission so established
shall cease to exist upon the accomplishment of the special purpose
for which it was created, or when abolished by a majority vote of the
city council or as specified in the code of Iowa.
C. Nominations: A nomination is the formal presentation to the city
council of the name of the candidate for a position to be filled.
Applications for vacancies shall be received by the city clerk and
presented to the city council for consideration at a regular or special
council meeting. The nominations procedure shall be as follows:
1. Nominations are in order as soon as the presiding officer calls for
them.
2. Nominations do not require a second.
City of Dubuque
1-6A-13 1-6A-13
3. As a nomination is made, the presiding officer shall repeat the
name.
4. No council member may nominate more than one candidate for
each position.
5. If there are no further nominations, the presiding officer may
declare the nominations closed.
6. A motion to reopen nominations requires a two-thirds (2/3) vote.
7. Prior to voting but following the formal closing of nominations,
nominations may be reopened by a motion which requires only a
majority to carry.
8. After the nominations are closed, the city council proceeds to vote
upon the names by a roll call vote. If a candidate receives a majority
vote of the city council, that candidate is appointed.
9. If no candidate receives a majority vote of the city council, a
second roll call vote is then taken on those candidates voted upon
the first time.
10. If no candidate is elected on the second roll call vote, a motion
that only the two (2) highest candidates on the previous roll call vote
be considered on the third roll call vote is in order.
D. Oath Of Office: Each person, upon appointment or reappointment to
a board or commission, shall execute an oath of office at the city
clerk's office within ten (10) days of appointment or reappointment.
E. Records: The city clerk shall maintain all applications, oaths of
office, and appointment records of all members of boards and
commissions. Applications of unsuccessful candidates for appoint-
ment to boards and commissions shall be maintained by the city
clerk for one year after which time such application forms may be
destroyed.
F. Removal Of Members Of Boards And Commissions: The city council
may remove any member of any board or commission which it has
established.
G. Residency Requirement: No person shall be appointed or
reappointed to a committee, board or commission or ad hoc
committee created by such committee, board or commission unless
City of Dubuque
1-6A-13 1-6A-14
such person is, at the time of such appointment or reappointment, a
resident of the city, and any person so appointed or reappointed
shall maintain such residency during the term of the appointment or
reappointment. Any member of a committee, board or commission or
ad hoc committee created by such committee, board or commission
who fails to maintain such residency shall be deemed removed as of
the date of such change of residency, any provision in this code to
the contrary notwithstanding.
H. City Employees Not Eligible: City employees, other than the city
manager and the assistant city manager, are not eligible for
appointment to any committee, board or commission. A committee,
board or commission member employed by the city shall be deemed
removed from such office as of the date of employment by the city.
I. Attendance Report: The chairperson of each committee, board or
commission shall report to the city council any member of a
committee, board or commission who failed to attend more than one-
third (1/3) of the meetings of such committee, board or commission
for the previous twelve (12) month period. (2007 Code § 2-42)
1-6A-14: RIGHTS OF PUBLIC:
A. Addressing City Council: Any person desiring to address the city
council by oral communication shall first secure the permission of the
presiding officer; provided, however, preference will be given to
those persons who have notified the city clerk by twelve o'clock
(12:00) noon of the Wednesday immediately preceding the regular
council meeting of their desire to speak in order that such person's
name may be placed on the agenda.
B. Manner Of Addressing City Council; Time Limit: Each person
addressing the city council shall step up to the microphone, shall
give such person's name and address and, if representing an
organization or another person, shall so state, in an audible tone of
voice for the record, and, unless further time is granted by the
presiding officer, shall limit such person's address to five (5)
minutes. All remarks shall be addressed to the city council as a
body, not to any city officer or employee. No person, other than
members of the city council and the person having the floor, shall be
permitted to enter into any discussion, either directly or through the
members of the city council. No questions shall be asked of
individual council members nor or any city officer or employee,
except through the presiding officer.
City of Dubuque
1-6A-14 1-6A-15
C. Personal And Slanderous Remarks: Any person making personal,
impertinent or slanderous remarks, or who shall become boisterous,
while addressing the city council may be requested to leave the
meeting and may be by the presiding officer barred from further
audience before the city council.
D. Reading Of Protests: Interested persons, or their authorized
representatives, may address the city council for the reading of
protests, petitions, or communications relating to any matter over
which the city council has control when the item is under
consideration by the city council, if a majority of the city council
present agrees to let them be heard.
E. Written Communications: Any person or the person's authorized
representatives, may address the city council by written
communication in regard to any matter concerning the city's
business or over which the city council has control at any time by
direct mail or by addressing the city clerk. All such written
communications must be received by the city clerk by twelve o'clock
(12:00) noon of the Wednesday immediately preceding the regular
council meeting in order that such material may be placed on the
agenda for such meeting. (2007 Code § 2-43)
1-6A-15: SUSPENSION OF RULES: Any provision of these rules not
otherwise governed by this code or the code of Iowa may be
temporarily suspended by a vote of three-fourths (3/4) of the council
members present. (2007 Code § 2-44)
City of Dubuque
TITLE 2
BOARDS AND COMMISSIONS
Subject Chapter
Hearings And Appeals 1
Civil Service Commission 2
Investment Oversight Advisory Commission 3
Civic Center Advisory Commission 4
Housing Agency And Community Development
Commissions 5
Municipal Housing Agency And Governing
Board (Rep. by Ord. 26-09, 6-1-2009) 5A
Housing Commission 5B
Community Development Advisory
Commission 5C
Trust Fund Advisory Committee 5D
Environmental Stewardship Advisory
Commission 6
Board Of Library Trustees 7
Arts And Cultural Affairs Advisory Commission 8
Sister City Relationships Advisory Commission 9
Safe Community Advisory Committee
(Rep. by Ord. 65-12, 12-17-2012) 10
Cable Television Commission 11
July 2014
City of Dubuque
2-5B-1 2-5B-3
CHAPTER 5
HOUSING AGENCY AND COMMUNITY DEVELOPMENT COMMISSIONS
ARTICLE B. HOUSING COMMISSION
SECTION:
2-5B- 1:
2-5B- 2:
2-5B- 3:
2-5B- 4:
2-5B- 5:
2-5B- 6:
2-5B- 7:
2-5B- 8:
2-5B- 9:
2-5B-10:
2-5B-11:
2-5B-12:
2-5B-13:
2-5B-14:
2-5B-15:
2-5B-1:
Commission Created
Purpose
Internal Organization And Rules
Procedures For Operation
Membership
Oath
Terms
Vacancies
Officers/Organization
Meetings
Compensation
Removal
Powers
Project Approval
Monitor Housing Program; Conduct Hearings On Grievances
COMMISSION CREATED: There is hereby created the hous-
ing commission. (Ord. 67-15, 10-19-2015)
2-5B-2: PURPOSE: The purpose of the commission is to undertake
and carry out studies and analysis of housing needs and the
meeting of such needs; to recommend proposed projects in the area of low
and moderate income housing for the citizens of the city; to monitor the
city's housing programs; and to conduct grievances regarding the rental
assistance program, except in the area of housing code enforcement. (Ord.
67-15, 10-19-2015)
2-5B-3: INTERNAL ORGANIZATION AND RULES: The commission
may adopt rules and regulations to govern its organizational
April 2016
City of Dubuque
2-5B-3 2-5B-6
procedures as may be necessary and which are not in conflict with this
code or the Iowa Code. (Ord. 67-15, 10-19-2015)
2-5B-4: PROCEDURES FOR OPERATION: All administrative, person-
nel, accounting, budgetary, and procurement policies of the
city govern the commission in all its operations. (Ord. 67-15, 10-19-2015)
2-5B-5: MEMBERSHIP:
A. Number: The commission comprises ten (10) residents of the city.
B. Age: Residents must be eighteen (18) years of age or older.
C. Special Qualifications:
1. At least three (3) members must be selected specifically on the
basis of experience in real estate development, banking, finance,
accounting, funds management, or other related areas of expertise.
2. One member must be a person who is a recipient of tenant based
rental assistance under section 8 of the United States housing act of
1937, whose name appears on a lease of section 8 property. If such
member ceases to be a recipient of rental assistance under section
8, the term of such member is deemed terminated and a new mem-
ber who meets the requirements of this subsection must be
appointed for the remainder of the term.
3. One member must be appointed by the commission, with city
council approval, to serve on the community development advisory
commission.
4. Two (2) members must be appointed by the commission, with city
council approval, to serve on the housing trust fund advisory commit-
tee.
5. The remaining members are at large members. (Ord. 74-15,
12-7-2015)
2-5B-6: OATH: Each person, upon appointment or reappointment to
the commission, must execute an oath of office at the first
meeting of the commission following the appointment or reappointment or at
April 2016
City of Dubuque
2-5B-13 2-5B-15
E. To request and review ongoing surveys assessing housing needs
and identifying future community housing needs, particularly the
needs of persons of low and moderate income;
F. To support the efforts of the city council and other city commissions
in the assessment of the general housing needs of the community;
G. To undertake from time to time other specific ongoing housing plan-
ning which may be referred to it by the city council;
To research and recommend to the city council policies and
programs facilitating the development of affordable housing;
To undertake public information efforts to educate citizens of the
availability of federal, state, and locally funded housing assistance
programs;
J. To assist in the preparation of the housing element of the city com-
prehensive plan and the annual consolidated plan;
K. To offer comment, as appropriate, on the consistency of proposed
housing development with the comprehensive plan, consolidated
plan, and existing city housing strategies; and
L. Undertake such additional duties, with regard to the housing trust
fund, as are specified in this code. (Ord. 67-15, 10-19-2015)
2-5B-14: PROJECT APPROVAL: Any proposed low rent housing
project is subject to the approval of the city council and any
project requiring a referendum as provided in the Iowa Code must be sub-
mitted to the voters of the city in accordance with the Iowa Code. (Ord.
67-15, 10-19-2015)
2-5B-15: MONITOR HOUSING PROGRAM; CONDUCT HEARINGS
ON GRIEVANCES: The commission monitors the city's
housing program and conducts hearings on grievances arising out of the
operation of such program with the exception of housing code enforcement
which is handled by the housing code appeals board. (Ord. 67-15,
10-19-2015)
December 2015
City of Dubuque
2-7-1 2-7-4
CHAPTER 7
BOARD OF LIBRARY TRUSTEES
SECTION:
2-7-1: Composition
2-7-2: Eligibility For Membership
2-7-3: Compensation
2-7-4: Terms Of Members; Filling Of Vacancies
2-7-5: Powers And Duties Generally
2-7-6: Charge Of Building, Donations
2-7-7: Annual Reports
2-7-1: COMPOSITION: The Carnegie -Stout free public library of the
city shall be under the control and direction of the board of
library trustees. Such board shall consist of seven (7) members who shall
be appointed by the mayor with the approval of the city council. (2007 Code
§ 30-1)
2-7-2: ELIGIBILITY FOR MEMBERSHIP: Citizens and residents of
the city, male or female, over the age of eighteen (18) years,
are alone eligible for membership on the board mentioned in section 2-7-1
of this chapter. (2007 Code § 30-2)
2-7-3: COMPENSATION: Members of the board shall receive no
compensation for their services. (2007 Code § 30-3)
2-7-4: TERMS OF MEMBERS; FILLING OF VACANCIES: For the
three (3) vacancies that occur on July 1, 2009, the
appointments to fill two (2) of the vacancies shall be for terms ending July
1, 2010, and the appointment to fill the other vacancy shall be for a term
ending July 1, 2013. For the four (4) vacancies that occur on July 1, 2011,
the appointments to fill two (2) of the vacancies shall be for terms ending
July 1, 2012, and the appointments to fill the two (2) other vacancies shall
October 2009
City of Dubuque
2-7-4 2-7-5
be for terms ending July 1, 2015. Thereafter, each member of the board
shall hold office for four (4) years and until such member's successor is
appointed and qualified. The term of office of each member shall
commence July 1 in the year in which the member is appointed. Vacancies
occurring on the board through death, resignation or permanent removal
from the city shall be filled by the mayor with the approval of the city
council, but such appointments shall be made to fill out the unexpired term
for which the appointment is made. (Ord. 34-09, 7-6-2009)
2-7-5: POWERS AND DUTIES GENERALLY:
A. Powers: The board of library trustees shall have and exercise the
following powers:
1. To meet and organize by the election of one of their number as
president of the board, and by the election of a secretary and such
other officers as the board may deem necessary;
2. To have charge, control and supervision of the public library, its
appurtenances and fixtures, and rooms containing the same,
directing and controlling all the affairs of such library;
3. To employ a librarian, such assistants and employees as may be
necessary for the proper management of said library, and fix their
compensation; but, prior to such employment, the compensation of
such librarian, assistants and employees shall be fixed for the term
of employment by a majority of the members of said board voting in
favor thereof;
4. To remove such librarian, assistants or employees by a vote of
two-thirds (2/3) of such board for good cause;
5. To select and make purchases of books, pamphlets, magazines,
periodicals, papers, maps, journals, furniture, fixtures, stationery and
supplies for such library;
6. To authorize the use of such library by nonresidents of the city
and to fix charges therefor;
7. To make and adopt, amend, modify or repeal bylaws, rules and
regulations, not inconsistent with law, for the care, use, government
and management of such library and the business of said board,
fixing and enforcing penalties for the violation thereof;
October 2009
City of Dubuque
2-7-5 2-7-7
8. To have exclusive control of the expenditures of all taxes levied
for library purposes as provided by law, and of the expenditure of all
monies available by gift or otherwise, for the erection of library
buildings and of all other monies belonging to the library fund;
9. To contract with the trustees of the township or the board of
supervisors of the county or of adjacent townships or counties, or
with the trustees or governing bodies of neighboring towns or cities
not having library facilities for the public, to loan the books of said
library, either singly or in groups, upon such terms as may be agreed
upon in such contract.
B. Record Of Proceedings: The board shall keep a record of its
proceedings. (2007 Code § 30-5)
2-7-6: CHARGE OF BUILDING, DONATIONS: The board shall
have charge and control of the Carnegie -Stout free public
library building and all gifts and donations to the city for library purposes,
and see that the same are properly preserved for public use. (2007 Code
§ 30-6)
2-7-7: ANNUAL REPORTS: The board shall each year make a
report to the city council for the year ending December 31,
giving a statement of the condition of the library, the number of books
added thereto, the number circulated, the number not returned or lost, the
amount of fines collected, and the amount of money expended in the
maintenance thereof during such year, together with such other information
as may be deemed important. (2007 Code § 30-7)
October 2009
City of Dubuque
3-4D-5 3-4D-7
C. The reason for the eviction or nonrenewal is the economic
development of the property on which the dwelling unit is situated;
and
D. The tenant has made a good faith effort, as shown by the listing and
records of such search provided by the tenant, to locate comparable
housing, as determined by the housing services division. (2007 Code
§ 26-16)
3-4D-6: WRITTEN NOTICE REQUIRED: The owner of any property
on which the dwelling unit is situated must deliver not less
than ninety (90) days' written notice to a tenant of eviction or nonrenewal of
a lease if such eviction or nonrenewal is the result of economic
development of the property. The notice shall include a copy of this article,
as well as the telephone number for the city manager. (2007 Code § 26-17)
3-4D-7: RELOCATION ASSISTANCE:
A. Rental Assistance:
1. If the city manager determines that comparable housing at
comparable cost is not available, and the tenant has established the
conditions required by section 3-4D-5 of this article, the tenant shall
be eligible for rental assistance which shall be based upon house-
hold income. The rental assistance shall be the actual additional
monthly rent and actual additional monthly utility costs that result
from the relocation of the tenant as determined by the city manager.
The payment of rental assistance shall be monthly, but may be a
lump sum payment if the city manager determines that a lump sum
payment will be more effective if used by the tenant for the purchase
of a residence for the tenant's relocated household.
2. The rental assistance payment shall be limited to sixty (60)
months or the following maximum amount, whichever occurs first:
150 percent of federal poverty guidelines = $6,000.00
175 percent of federal poverty guidelines = $5,000.00
200 percent of federal poverty guidelines = $4,000.00
B. Moving Costs: In addition to rental assistance, a tenant may also be
compensated for actual moving and packing costs incurred, not to
exceed three hundred dollars ($300.00). The tenant may also be
reimbursed for the actual cost of reestablishing basic telephone,
City of Dubuque
3-4D-7 3-4D-9
cable, utility services and appliance hookups, as well as credit
checks and necessary deposits, if such costs are approved by the
city manager. (2007 Code § 26-18)
3-4D-8: APPEALS: The housing commission shall sit as the
residential relocation assistance appeals board to hear
appeals under this article. (2007 Code § 26-19)
3-4D-9: PROCEDURE FOR HEARING APPEAL:
A. Notice Of Appeal: Any person aggrieved or adversely affected by a
decision of the city manager under this housing code may apply to
the appeals board for review of such decision by filing a written
notice of appeal with the city manager within twenty (20) days of the
date of the decision. The notice of appeal shall include the following:
1. Name and address of person appealing.
2. A brief statement in ordinary and concise language of the decision
protested, together with any material facts claimed to support the
contentions of the person appealing.
3. A brief statement in ordinary and concise language of the relief
sought, and the reasons why it is claimed the protested decision
should be reversed or modified.
4. The signatures of all parties named as persons appealing, and
their official mailing addresses.
B. Notice Of Hearing: Upon receipt of any notice of appeal filed
pursuant to this section, the city manager shall forward the notice of
appeal to the chairperson of the appeals board. As soon as
practicable after receiving the notice of appeal, the chairperson of
the appeals board shall fix a date, time and place for hearing the
appeal. Such date shall not be less than thirty (30) days nor more
than sixty (60) days from the date the notice of appeal was received
by the city manager unless the person appealing agrees to an earlier
adjudication of the appeal. Written notice of the time and place of the
hearing shall be given by the city manager at least ten (10) days
prior to the date of the hearing to each person appealing either by
causing a copy of such notice to be personally delivered to the
person appealing or by mailing a copy thereof to the address of the
person appealing shown on the appeal.
City of Dubuque
3-4D-9 3-4D-11
C. Waiver: Failure of any person to file an appeal in accordance with
the provisions of this section shall constitute a waiver of such
person's right to a hearing.
D. Hearing Appeals: The conduct of hearing appeals filed with the
appeals board shall be governed by title 2, chapter 1 of this code.
E. Appeals Board Relief: The appeals board may reverse, modify or
sustain the decision appealed from. (2007 Code § 26-20)
3-4D-10: VIOLATION BY OWNER: The failure of an owner to comply
with the requirements of this article shall constitute a civil
infraction. (2007 Code § 26-21)
3-4D-11: FUNDING: Relocation assistance costs shall only be paid
from the city housing trust fund. Nothing herein shall require
or impose any obligation upon the city council to provide any funds for any
of the purposes of this article. (2007 Code § 26-22)
City of Dubuque
4-5-5 4-5-8
arising from such sale; provided, however, that the aggregate liability
of the surety for all such taxes, fines, and causes of action must in
no event exceed the principal sum of such bond; and
E. Guaranteeing to any resident of the city that all monies paid will be
accounted for and applied according to the representation of the
licensee. Said bond will continue in force as to such surety for not
less than one year from the date of the license. Action on such bond
may be brought by any resident of the city. (Ord. 16-13, 3-4-2013)
4-5-6: ISSUANCE OF LICENSE:
A. Upon receiving an application for a solicitor's license, with an
appropriate bond attached thereto, if the city clerk is satisfied that
the statements and representations contained in the application are
true, that the applicant meets all of the requirements of this chapter,
that the applicant is the holder of an Iowa retailer's sales tax permit,
when required/if applicable, and that if a foreign corporation, has the
authority to do business in the state of Iowa, the city clerk must
issue to the applicant a license.
B. A license is valid only for the period of time and at the location and
place described in the application. In the case of a qualified appli-
cant proposing to conduct business or to sell from more than one
location, the city clerk must issue a separate license for each loca-
tion. (Ord. 16-13, 3-4-2013)
4-5-7: FEES: A solicitor must pay a license fee established by the
city manager. (Ord. 16-13, 3-4-2013)
4-5-8: DISPLAY OF LICENSE: A solicitor must, at all times while
doing business in this city, prominently display the license for
the period of time and at the location and place described in the application
so that it is clearly visible to anyone to whom the person is selling or
offering for sale goods, merchandise, products, or services. The licensee
must also, at the time of selling or offering for sale goods, merchandise,
products, or services, provide each prospective customer with an
opportunity to view the license. (Ord. 16-13, 3-4-2013)
April 2013
City of Dubuque
4-5-9 4-5-10
4-5-9: MISREPRESENTATION: It is unlawful for any solicitor
making sales or engaging in or conducting.a business under a
solicitor's license to make any false or misleading statement or representa-
tion regarding any article sold or offered for sale by such solicitor as to
condition, quality, original cost, or cost to such solicitor of any article sold or
offered for sale, or to sell or offer for sale goods, wares, products, or
merchandise of a value in excess of the value thereof as shown by said
application, or to sell or offer for sale at retail any goods, wares, products,
or merchandise or to engage in or conduct an intermittent or temporary
business on any day or at any place other than those shown by such
license. A solicitor who violates any provision of this chapter is ineligible for
a license for a period of two (2) years from the date of such violation. (Ord.
16-13, 3-4-2013)
4-5-10: DENIAL, SUSPENSION, OR REVOCATION OF LICENSE:
A. The city clerk may revoke, suspend, or deny issuance or renewal of
any solicitor's license for good cause, including, but not limited to,
any of the following reasons:
1. Misrepresentation on the application for license;
2. Violation of any federal, state, or local law, including, but not
limited to, a violation of this chapter or any other chapter of this
code;
3. Misrepresentation of the source, condition, quality, weight, or
measure of the product sold by such solicitor; or
4. If any judgment recovered against such solicitor with reference to
the operation of the business within the city remains unpaid for a
period of six (6) months, provided such judgment be not stayed
under a supersedeas bond upon appeal from such judgment.
B. The city clerk must give written notice of the revocation, suspension,
or denial of renewal of any license issued under the provisions of
this chapter to the license holder and the surety or sureties furnish-
ing the bond provided for herein.
C. In the event of such revocation, suspension, or denial or nonrenewal,
no other solicitor's license may be issued to such person for a period
of two (2) years thereafter. (Ord. 16-13, 3-4-2013)
April 2013
City of Dubuque
4-5-11 4-5-14
4-5-11: APPEAL: Within ten (10) days after notice of denial, sus-
pension, or revocation of a license, a solicitor may file with
the city clerk a written notice of appeal to the city manager from such
denial, suspension, or revocation. The city manager must provide the
solicitor with notice and an opportunity to be heard on the issue of whether
the license was properly denied, suspended, or revoked. (Ord. 16-13,
3-4-2013)
4-5-12: PERSONAL NATURE; TRANSFERABILITY: The solicitor's
license granted under this chapter is personal to the applicant
only and may not be sold, assigned, or otherwise transferred. (Ord. 16-13,
3-4-2013)
4-5-13: REPORT TO CITY CLERK UPON LOSS REQUIRED: In the
event any license issued under this chapter is lost or mislaid,
the licensee must report such fact to the city clerk immediately. A duplicate
license will be issued upon payment of the fee as established by the city
manager. (Ord. 16-13, 3-4-2013)
4-5-14: SOLICITING FROM TEMPORARY STANDS OR VEHICLES
RESTRICTED: Soliciting may not be conducted upon the
public streets from temporary stands or vehicles to which people are
attracted by talking, singing, music, unusual noises, or entertainment, or by
the use of flares or lights. (Ord. 16-13, 3-4-2013)
April 2013
City of Dubuque
4-7B-8 4-7B-8
2. Application For Taxicab Business License:
a. An application for a taxicab business license must be filed
with the city clerk's office on a form provided by the city clerk.
b. The chief of police will investigate each applicant for a taxicab
business license and a report of such investigation will be attached
to the application for consideration by the city clerk.
3. Consideration Of Application: The city clerk will, in consultation
with the chief of police and upon consideration of the application and
the required reports attached thereto, approve or reject the applica-
tion.
4. Insurance Prerequisite To Issuance; Continuance In Effect: The
taxicab business owner must at all times while the license is in effect
provide insurance as required by the city manager.
5. Fees: No taxicab business license will be issued or renewed
unless the holder thereof has paid an annual taxicab business
license fee established by the city manager and an annual vehicle
fee established by the city manager for each vehicle in such taxicab
business. Such fees are for one year commencing April 1.
6. Denial, Suspension, Or Revocation Of License:
a. The city clerk may deny, suspend, or revoke issuance of a
taxicab business license for good cause, including, but not limited to,
any of the following:
(1) Violation of any of the provisions of this article;
(2) Discontinuation of operations for more than sixty (60)
days;
(3) Violation of any ordinances of the city or laws of the
United States or the state of Iowa or any other state that
demonstrates the lack of fitness of the taxicab vehicle permit
holder to offer public transportation; or
(4) Misrepresentation on the application for a taxicab busi-
ness license.
April 2013
City of Dubuque
4-7B-8 4-7B-8
b. Prior to the denial, suspension, or revocation, the taxicab
business license holder must be given not Tess than ten (10) days'
written notice by the city clerk.
c. In the event of a denial, suspension, or revocation of a taxicab
business license, no other taxicab business license may be issued to
such person for a period of two (2) years thereafter.
7. Appeal: Within ten (10) days after written notice of the revocation,
suspension, or denial of issuance of a taxicab business license, an
applicant or license holder may file with the city clerk a written notice
of appeal to the city manager from such revocation, suspension, or
denial. The city manager must provide the taxicab business with
notice and an opportunity to be heard on the issue of whether the
taxicab business license was properly revoked, suspended, or
denied.
8. Taxicabs Registered With City Clerk: The applicant or license
holder must register all vehicles operating as taxicabs for the taxicab
business with the city clerk. Any new vehicles that begin operating
as taxicabs after the taxicab business license is obtained must be
registered with the city clerk within fourteen (14) days after such
vehicles are acquired.
9. Display Of Taxicab Business License: The taxicab business
license must be displayed at the taxicab business location. A copy of
the taxicab business license also must be displayed in each vehicle
operating as a taxicab for the business and may not be removed
until the expiration of the license.
10. Personal Nature; Transferability: The taxicab business license is
personal to the business and may not be sold, assigned, mortgaged,
or otherwise transferred. The taxicab business license applies to all
registered vehicles operating as taxicabs for the license holder.
11. Property Of City Clerk Upon Loss Or Closure: If any taxicab
business license issued under this article is lost or mislaid or the
taxicab business closes or ceases operations, the license holder
must report such fact to the city clerk immediately. Where a taxicab
business license is lost or mislaid, a duplicate license will be issued
upon payment of the fee as established by the city manager.
April 2013
City of Dubuque
4-7B-8 4-7B-8
B. Driver's Permit Requirements; Fee:
1. Permit Required: No person may drive a taxicab for hire upon the
streets of the city and no person who owns or controls a taxicab may
allow it to be so driven, unless the driver of said taxicab holds a valid
taxicab driver's permit issued under the provisions of this article.
2. Application For Driver's Permit:
a. An application for a taxicab driver's permit must be filed with
the city clerk's office on a form provided by the city clerk.
b. An applicant must have, at a minimum, a valid Iowa class D-3
chauffeur's license or equivalent license issued by another state to
obtain a taxicab driver's permit. Temporary restricted licenses or
work permit privileges are not sufficient to obtain a taxicab driver's
permit.
c. The chief of police will investigate each applicant for a taxicab
driver's permit and a report of such investigation will be attached to
the application for consideration by the city clerk. Such report will
state whether the applicant has, at a minimum, a valid Iowa class
D-3 chauffeur's license or equivalent license issued by another state.
3. Consideration Of Application: The city clerk will, in consultation
with the chief of police and upon consideration of the application and
the required reports attached thereto, approve or reject the applica-
tion.
4. Issuance Of Permit; Duration; Annual Fee:
a. Upon approval of an application for a taxicab driver's permit,
the city clerk will issue a permit to the applicant upon the payment of
the fee as established by the city manager or the city manager's
designee. Such permit will be in effect for the remainder of the
calendar year. The permit must be renewed every calendar year
thereafter upon the payment of the fee as established by the city
manager unless the license for the preceding year is suspended or
has been revoked.
b. The driver must wear the taxicab driver's permit upon the
clothing of the driver at all times while operating the taxicab.
April 2013
City of Dubuque
4-7B-8 4-7B-8
5. Compliance With City, State, And Federal Laws: A taxicab driver
permitted under this article must comply with all city, state, and
federal laws.
6. Denial, Suspension, Or Revocation Of Permit:
a. The city clerk may deny, suspend, or revoke a taxicab driver's
permit for good cause, including, but not limited to, any of the follow-
ing:
(1) Failure or refusal to comply with the provisions of this
article;
(2) Violation of any ordinances of the city, or laws of the
United States, the state of Iowa or any other state that
demonstrates the lack of fitness of the holder to offer public
transportation;
(3) Misrepresentation on the application for a taxicab driver's
permit; or
(4) Violations against or loss, denial, suspension, or revoca-
tion of a taxicab driver's state of Iowa class D-3 chauffeur's
license or equivalent license issued by another state.
b. Prior to suspension or revocation, the taxicab driver must be
given not less than ten (10) days' written notice by the city clerk.
c. In the event of such denial, suspension, or revocation of a
taxicab driver's permit, no other taxicab driver's permit will be issued
to such person for a period of two (2) years thereafter.
7. Appeal: Within ten (10) days after written notice of the denial,
suspension, or revocation of a taxicab driver's permit, a taxicab
driver may file with the city clerk a written notice of appeal to the city
manager from such revocation, suspension, or denial. The city
manager must provide the taxicab driver with notice and an opportu-
nity to be heard on the issue of whether the taxicab driver's permit
was properly revoked, suspended, or denied.
8. Personal Nature; Transferability: The taxicab driver's permit is
personal to the driver and may not be sold, assigned, mortgaged, or
otherwise transferred.
April 2013
City of Dubuque
4-7B-8 4-7B-8
9. Job Change: The taxicab driver's permit remains valid and
personal to the driver through a change of employment. If a taxicab
driver becomes employed by another taxicab company after the issu-
ance of the taxicab driver's permit, such a change of employment
must be reported to the city clerk within fourteen (14) days.
10. Property Of City Clerk Upon Loss: If any taxicab driver's permit
issued under this article is lost or mislaid, the taxicab driver must
report such fact to the city clerk immediately. A duplicate permit will
be issued upon payment of the fee as established by the city
manager.
11. Reporting Requirements: If suspension, revocation, or any other
disciplinary action is taken against a taxicab driver's state of Iowa
class D-3 chauffeur's license or equivalent license issued by another
state, the taxicab driver must report such action to the city clerk's
office. (Ord. 7-13, 2-18-2013)
April 2013
City of Dubuque
6-4-1 6-4-2
CHAPTER 4
NUISANCES
SECTION:
6-4-1: Purpose
6-4-2: Definitions
6-4-3: Public Nuisance Defined; Public Nuisances Enumerated
6-4-4: Public Nuisances Prohibited; Authority To Abate
6-4-5: Abatement Remedies; Penalties
6-4-6: Emergency Abatement Procedure
6-4-1: PURPOSE: The purpose of this chapter is to protect the
health, safety, and general welfare of the community. These
provisions are intended to aid in the control and elimination of activity which
interferes with an owner's reasonable use and enjoyment of the owner's
property or interferes with public rights such as free passage along streams
and highways and enjoyment of public parks and places of recreation and
to be secure from fire, safety hazards and other health hazards throughout
the community. (2007 Code § 23-40)
6-4-2: DEFINITIONS: As used in this chapter, the following
definitions shall apply:
ABANDONED
BUILDING:
Any building or portion thereof which has stood
with an incomplete exterior shell for longer than
one year, or any building or portion thereof
which is unoccupied and which meets one or
more of the following criteria:
A. Is unsecured; or
B. Is in violation of the city of Dubuque housing
code, building code, or fire code.
CITY MANAGER: Includes the city manager's designee.
City of Dubuque
6-4-2 6-4-2
COMPOST PILE:
DANGEROUS
BUILDING OR
STRUCTURE:
HAZARDOUS WASTE:
JUNK OR SALVAGE
MATERIAL:
NOXIOUS
SUBSTANCES:
OWNER:
A collection of yard waste and kitchen food
wastes, but specifically excluding bones, meat,
fat, grease, oil, raw dog or cat manure, which
collection in nonmanufactured composting units
is screened from the street view, is located in a
confined area, is no taller than five feet (5') high
and no larger than seventy five (75) square feet
in area, is located more than twenty feet (20')
from any habitable structure on adjoining
property and at least three feet (3') from a
property boundary line, is located more than five
feet (5') from any wood structure, excluding
fences and compost containers, is not located in
a natural drainageway and is not located in the
area between any building and the street right
of way and is collected for reuse as a soil
amendment and is maintained free of noxious
odors.
Any building or structure defined in this code as
unsafe or dangerous.
Those wastes defined in chapter 455B, code of
Iowa, as amended, and the Iowa administrative
code, as amended.
Any discarded or salvaged building material or
fixture; any obsolete or inoperable machinery
and/or equipment or parts thereof; any wood,
metal, plastic or composite pieces remaining
outside of a legal structure for more than forty
eight (48) hours.
Substances, solid or fluid, which are offensive,
detrimental to health, hurtful or dangerous,
including, but not limited to, any dead animal or
portion thereof, and human or animal excre-
ment.
The record owner of real property, and any
person having a property interest in the
property, including legal or equitable interests.
City of Dubuque
6-4-2 6-4-2
PROPERTY: Includes both real and personal property.
RESPONSIBLE PARTY: Any person having ownership, possession, or
control of real or personal property, including,
but not limited to, any one or more of the follow-
ing:
SOLID WASTE:
YARD WASTE:
A. An agent;
B. An assignee or collector of rents;
C. A contract seller or contract purchaser;
D. The holder of a deed to the property;
E. A mortgagee or vendee in possession;
F. A receiver, executor, administrator or trustee;
G. Lessee and lessor; or
H. Any other person, firm, partnership, corpora-
tion or entity exercising control over the prop-
erty.
Any waste that is putrescible, nonputrescible,
combustible or noncombustible, including, but
not limited to, trash, garbage, material resulting
from the handling, processing, storage, prepara-
tion, serving and consumption of food, vege-
table or animal matter, offal, rubbish, ashes,
incinerator residue, street cleanings, construc-
tion debris and solid industrial waste.
The accumulation of grass, leaves, tree trim-
mings under three inches (3") in diameter, brush
and garden residue, which accumulation is
screened from the street view, is located in a
confined area, is no taller than four feet (4')
high and no larger than seventy five (75) square
feet in area, is located more than twenty feet
(20') from any habitable structure on adjoining
property, at least three feet (3') from a property
boundary line, is located more than five feet (5')
from any wood structure, excluding fences and
City of Dubuque
April 2013
6-4-2 6-4-3
compost containers, is not located in a natural
drainageway, is not located in the area between
any building and the street right of way, is
collected for reuse as a soil amendment, and is
maintained free of noxious odors. (2007 Code
§ 23-41)
6-4-3: PUBLIC NUISANCE DEFINED; PUBLIC NUISANCES
ENUMERATED: Whatever is injurious to the public health or
safety or an obstruction to the free use of property so as to interfere with
the comfortable enjoyment of life or property by the public shall be deemed
a "public nuisance". A "public nuisance" shall include, but not be limited to,
the following: (2007 Code § 23-42)
A. Accumulations: Any yard waste, solid waste, vehicle parts, garbage,
noxious substances or hazardous wastes, junk, unused building
materials, salvage material or other offensive substances thrown, left
or deposited in or upon any street, avenue, alley, sidewalk, park,
public square, public enclosure, public or private lot, whether vacant
or occupied, or upon any pond or pool of water, except for: (Ord.
5-13, 2-18-2013)
1. Solid waste deposited and stored in accordance with provisions of
this code;
2. A compost pile located or maintained in compliance with this
chapter;
3. Yard waste located or maintained in compliance with this chapter;
4. Junk or salvage materials properly stored in a junk or salvage
yard permitted under this code;
5. The use of agricultural manure on crop producing agricultural land
or pasture; or
6. The safe accumulation of animal waste by commercial livestock
processing facilities.
B. Diseased Or Damaged Trees Or Plant Materials: Any dead, diseased
or damaged tree or plant material which may harbor serious insect or
disease pests or disease injurious to other trees or plant materials,
or any tree in such a state of deterioration that any part of such tree
is likely to fall and damage property or cause injury to persons.
April 2013
City of Dubuque
8-5-2 8-5-3
(3) All premises within such dwellings contain the following
features of adaptive design:
(A) An accessible route into and through the dwelling.
(B) Light switches, electrical outlets, thermostats, and
other environmental controls in accessible locations.
(C) Reinforcements in bathroom walls to allow later
installation of grab bars.
(D) Usable kitchens and bathrooms such that an
individual in a wheelchair can maneuver about the space.
4. Compliance with the appropriate requirements of the American
national standard for buildings and facilities providing accessibility
and usability for physically disabled persons (commonly cited as
ANSI A117.1) suffices to satisfy the requirements of subsection
F3c(3) of this section.
5. As used in this subsection, the term "covered multi -family
dwellings" means:
a. Buildings consisting of four (4) or more units if such buildings
have one or more elevators.
b. Ground floor units in other buildings consisting of four (4) or
more units.
6. Nothing in this subsection requires that a dwelling be made
available to an individual whose tenancy would constitute a direct
threat to the health or safety of other individuals or whose tenancy
would result in substantial physical damage to the property of others.
(Ord. 18-09, 4-6-2009)
8-5-3: EXEMPTIONS:
A. Exemptions Enumerated: Nothing in section 8-5-2 of this chapter,
other than subsection 8-5-2C of this chapter, shall apply to:
1. Any single-family house sold or rented by an owner; provided,
that:
a. The private individual owner does not own more than three (3)
such single-family houses at any one time.
City of Dubuque
8-5-3 8-5-3
b. In the sale of any single-family house, the private individual
owner does not reside in, nor is the most recent resident of such
house prior to such sale; the exemption granted by this subsection
shall apply to only one such sale within a twenty four (24) month
period.
c. The bona fide private individual owner does not own any
interest in, nor is there owned or reserved on the owner's behalf,
under express of voluntary agreement, title to, or any right to all or a
portion of the proceeds from the sale or rental of more than three (3)
such single-family houses at one time.
d. There is no utilization in any manner of the sales or rental
facilities or the sales or rental services of any real estate broker,
agent, salesperson, or of such facilities or services of any person in
the business of selling or renting dwellings, or of any employee or
agent of any such broker, agent, salesperson, or person.
e. There is no publication, posting, or mailing, after notice, of
any advertisement or written notice in violation of subsection 8-5-2C
of this chapter. Nothing in this subsection prohibits the utilization of
attorneys, escrow agents, abstractors, title companies, and other
such professional assistance as necessary to perfect or transfer the
title.
2. Rooms or units in dwellings containing living quarters occupied or
intended to be occupied by no more than four (4) families living
independently of each other, if the owner actually maintains and
occupies one of such living quarters as his residence.
B. Selling Or Renting Dwellings: For the purposes of subsection A of
this section, a person shall be deemed to be in the business of
selling or renting dwellings if:
1. The person has, within the preceding twelve (12) months,
participated as principal in three (3) or more transactions involving
the sale or rental of any dwelling or any interest therein.
2. The person has, within the preceding twelve (12) months,
participated as agent, other than in the sale of the person's own
personal residence, in providing sales or rental facilities or sales or
rental services in two (2) or more transactions involving the sale or
rental of any dwelling or any interest therein.
3. The person is the owner of any dwelling designed or intended for
occupancy by, or occupied by, five (5) or more families.
City of Dubuque
8-5-3 8-5-3
C. Religious Or Nonprofit Organizations: Nothing in this chapter shall
prohibit a religious organization, association, or society or any non-
profit institution or organization operated, supervised, or controlled
by or in conjunction with a religious organization, association, or
society, from limiting the sale, rental, or occupancy of dwellings
which it owns or operates for other than a commercial purpose to
persons of the same religion, or from giving preference to such
persons, unless membership in such religion is restricted on account
of race, color, sex, familial status, national origin, creed, age,
disability, sexual orientation, or gender identity. Nor shall anything in
this chapter prohibit a private club not in fact open to the public,
which as an incident to its primary purpose or purposes provides
lodging which it owns or operates for other occupancy of such
lodging to its members or from giving preference to its members.
D. Applicability Of Housing Regulations; Housing For Older Persons:
1. Nothing in this chapter limits the applicability of title 6, chapter 6
of this code regarding the maximum number of occupants permitted
to occupy a dwelling. Nor does any provision in this chapter
regarding familial status or age apply with respect to housing for
older persons.
2. As used in this section, "housing for older persons" means
housing:
a. Provided under any state or federal program that the
secretary determines is specifically designed and operated to assist
elderly persons, as defined in the state or federal program.
b. Intended for, and solely occupied by, persons sixty two (62)
years of age or older.
c. Intended and operated for occupancy by at least one person
fifty five (55) years of age or older per unit. In determining whether
housing qualifies as housing for older persons under this subsection,
the commission shall develop regulations which require at least the
following factors:
(1) That at least eighty percent (80%) of the units are
occupied by at least one person fifty five (55) years of age or
older per unit.
(2) The publication of and adherence to policies and proce-
dures which demonstrate an intent by the owner or manager
City of Dubuque
8-5-3 8-5-4
to provide housing for persons fifty five (55) years of age or
older.
3. Housing shall not fail to meet the requirements for housing for
older persons by reason of:
a. Persons residing in such housing as of the date of enactment
of this chapter who do not meet the age requirements of subsection
D2b or D2c of this section; provided, that new occupants of such
housing meet the age requirements of subsection D2b or D2c of this
section.
b. Unoccupied units; provided, that such units are reserved for
occupancy by persons who meet the age requirements of subsection
D2b or D2c of this section.
4. Nothing in this chapter prohibits conduct against a person
because such person has been convicted by any court of competent
jurisdiction of the illegal manufacture or distribution of a controlled
substance as defined in the controlled substances act (21 USC 802)
or a violation of the controlled substances chapter of the Iowa
Code'. (Ord. 18-09, 4-6-2009)
8-5-4: DISCRIMINATION IN RESIDENTIAL REAL ESTATE
RELATED TRANSACTIONS:
A. In General: It shall be unlawful for any person or other entity whose
business includes engaging in residential real estate related
transactions to discriminate against any person in making available
such a transaction, or in the terms or conditions of such a trans-
action, because of race, color, religion, sex, familial status, national
origin, creed, age, disability, sexual orientation, or gender identity.
B. Definition: As used in this section, the term "residential real estate
related transaction" means any of the following:
1. The making or purchasing of loans or providing other financial
assistance:
a. For purchasing, constructing, improving, repairing, or main-
taining a dwelling.
1. IC ch. 124.
City of Dubuque
9-8-321.326 9-8-321.328
CHAPTER 8
PEDESTRIANS' RIGHTS AND DUTIES
SECTION:
9-8-321.326: Walking On Highways
9-8-321.327: Right Of Way
9-8-321.328: Crossing At Other Than Crosswalk
9-8-321.329: Duty Of Driver
9-8-321.330: Use Of Crosswalks
9-8-321.331: Solicitation Of Rides
9-8-321.332: White Canes Restricted To Blind Persons
9-8-321.333: Duty Of Drivers Upon Approaching Blind Persons
9-8-321.334 — 9-8-321.340: Reserved
9-8-321.326: WALKING ON HIGHWAYS: Pedestrians shall at all times
when walking along or on a highway, walk on the left side of
such highway. (Ord. 44-08, 6-16-2008)
9-8-321.327: RIGHT OF WAY: Where the traffic control signals are not in
place or in operation, the driver of a vehicle shall yield the
right of way, slowing down or stopping if need be to so yield, to a
pedestrian crossing the street within any marked crosswalk or within any
unmarked crosswalk at an intersection, except as otherwise provided in this
title. (Ord. 44-08, 6-16-2008)
9-8-321.328: CROSSING AT OTHER THAN CROSSWALK: Every
pedestrian crossing a street at any point other than within a
marked crosswalk or within an unmarked crosswalk at an intersection shall
yield the right of way to all vehicles upon the roadway. (Ord. 44-08,
6-16-2008)
City of Dubuque
9-8-321.329 9-8-321.333
9-8-321.329: DUTY OF DRIVER:
A. Every driver of a vehicle shall yield the right of way to pedestrian
workers engaged in maintenance or construction work on a street or
highway whenever the driver is notified of the presence of such
workers by a flagman or a warning sign.
B. Every driver of a vehicle shall exercise due care to avoid colliding
with any pedestrian upon any street and shall give warning by
sounding the horn when necessary and shall exercise due care upon
observing any child or any confused or incapacitated person upon a
street. (Ord. 44-08, 6-16-2008)
9-8-321.330: USE OF CROSSWALKS: Pedestrians shall move, whenever
practicable, upon the right half of crosswalks. (Ord. 44-08,
6-16-2008)
9-8-321.331: SOLICITATION OF RIDES:
A. No person shall stand in a roadway for the purpose of soliciting a
ride from the driver of any private vehicle.
B. Nothing in this section or title shall be construed so as to prevent
any pedestrian from standing on that portion of the street or
highway, not ordinarily used for vehicular traffic, for the purpose of
soliciting a ride from the driver of any vehicle. (Ord. 44-08,
6-16-2008)
9-8-321.332: WHITE CANES RESTRICTED TO BLIND PERSONS: For the
purpose of guarding against accidents in traffic on the public
thoroughfares, it shall be unlawful for any person except persons wholly or
partially blind to carry or use on the streets, highways, and public places of
the city any white canes or walking sticks which are white in color or white
tipped with red. (Ord. 44-08, 6-16-2008)
9-8-321.333: DUTY OF DRIVERS UPON APPROACHING BLIND
PERSONS: Any driver of a vehicle or operator of a motor
driven vehicle who approaches or comes in contact with a person wholly or
partially blind carrying a cane or walking stick white in color or white tipped
with red or being led by a guide dog wearing a harness and walking on
City of Dubuque
9-8-321.333 9-8-321.340
either side of or slightly in front of said blind person shall immediately come
to a complete stop and take such precautions as may be necessary to
avoid accident or injury to the person carrying a cane or walking stick white
in color or white tipped with red or being led by a guide dog. (Ord. 44-08,
6-16-2008)
9-8-321.334 — 9-8-321.340: RESERVED: (Ord. 44-08, 6-16-2008)
City of Dubuque
9-14-321.739 9-14-321.741
9-14-321.739: RESIDENTIAL PARKING PERMIT DISTRICT G:
A. The following described area constitutes a residential parking permit
district designated as residential parking permit G:
Cornell Street.
Pickett Street.
West 15th Street from Cornell Street to Fairview Street.
West 16th Street from Catherine Street to Fairview Place.
B. No vehicles shall park curbside in residential parking permit district
G during the hours of six o'clock (6:00) A.M. to twelve o'clock
(12:00) midnight, except Sundays and holidays, without displaying a
valid parking permit issued by the city. (Ord. 44-08, 6-16-2008)
9-14-321.740: RESIDENTIAL PARKING PERMIT DISTRICT H:
A. The following described area constitutes a residential parking permit
district designated as residential parking permit H:
Hansel Drive, between Keystone Drive and Keymont Drive.
Keymont Drive from Key Way Drive to its westerly terminus.
Phyllrich Drive, between Keystone Drive and Keymont Drive.
Vizaleea Drive from Pennsylvania Avenue to Keystone Drive.
B. No vehicles shall park curbside in residential parking permit district
H during the hours of seven o'clock (7:00) A.M. to three o'clock
(3:00) P.M., except Saturdays, Sundays, and holidays, without
displaying a valid parking permit issued by the city. (Ord. 44-08,
6-16-2008)
9-14-321.741: HOME HEALTHCARE PROVIDERS: The city manager
may issue, without charge, to a business providing home
healthcare a special parking permit that allows an employee of such busi-
ness to park in a residential parking permit district. Such permit shall only
be valid while a home healthcare employee is at a residence within the dis-
July 2014
City of Dubuque
9-14-321.741 9-14-321.741
trict and is actually engaged in providing care to a resident of the district.
The permit shall not be available to a self-employed home healthcare pro-
vider. The permit may be revoked by the city manager for failure to comply
with the requirements of this section. (Ord. 44-08, 6-16-2008)
July 2014
City of Dubuque
TABLE OF CONTENTS
TITLE 1
Administration
Dubuque City Code 1
Saving Clause 2
Definitions 3
General Penalty 4
Charter 5
Mayor And City Council 6
Rules And Procedure 6A
City Officers And Employees 7
Elections, Precincts And Wards 8
Evidentiary Hearings By
City Council 9
Miscellaneous Administrative
Provisions 10
Emergency Succession During
Disaster 11
TITLE 2
Boards And Commissions
Hearings And Appeals 1
Civil Service Commission 2
Investment Oversight Advisory
Commission 3
Civic Center Advisory
Commission 4
Housing Agency And Community
Development Commissions 5
Municipal Housing Agency And
Governing Board (Rep. by Ord.
26-09, 6-1-2009) 5A
Housing Commission 5B
Community Development
Advisory Commission 5C
Trust Fund Advisory
Committee 5D
Environmental Stewardship
Advisory Commission 6
Board Of Library Trustees 7
Arts And Cultural Affairs
Advisory Commission 8
Sister City Relationships
Advisory Commission 9
Safe Community Advisory
Committee (Rep. by Ord.
65-12, 12-17-2012) 10
Cable Television Commission 11
TITLE 3
Revenue And Taxation
Property Tax 1
Revitalization Areas 2
Hotel And Motel Tax 3
Economic Development 4
Industrial Projects 4A
Enterprise Zone Commission
(Rep. by Ord. 43-14,
6-7-2014) 4B
Speculative Shell Buildings
Of Community Development
Organizations And For Profit
Entities 4C
Residential Relocation
Assistance Program 4D
TITLE 4
Business And License Regulations
Business Licenses Generally 1
Liquor Control 2
Alcoholic Beverages 2A
Liquor, Beer And Wine
Licenses And Permits 2B
Excursion Boat Admission Fees 3
Central Market 4
Solicitor's License 5
Pawnbrokers And Secondhand
Dealers; Junk And Auto
Salvage Dealers 6
Pawnbrokers And Second-
hand Dealers 6A
Junk Dealers And Auto
Salvage Dealers 6B
July 2016
City of Dubuque
TITLE 4 (cont.)
Vehicles For Hire And Public
Transportation
Nonmotorized Vehicles
Motorized Vehicles For Hire . .
Adult Entertainment Establish-
ments
General Offenses 5A
Drug Paraphernalia 5B
Crime Property 5C
7 Parental Responsibility 5D
7A Social Host Responsibility 5E
7B Animal Control 6
Miscellaneous Provisions 6A
8 Dogs And Cats 6B
Rabies Control 6C
Dangerous Animals 6D
Potentially Vicious Dogs 6E
Bicycles 7
TITLE 5
Transit System
Transit Advisory Board 1
TITLE 6
Health, Housing, Sanitation
And Environment
Health And Safety Regulations 1
Food Establishments And Hotel
Sanitation 2
Ambulances 3
Nuisances 4
Noises 5
Housing Regulations (Rep. by
Ord. 8-16, 4-4-2016,
eff. 7-1-2016) 6
Hazardous Waste, Substances
And Conditions 7
Trees And Weeds 8
Fire Prevention Regulations 9
TITLE 7
Police, Fire And Public Safety
Police Department
Fire Department
Emergency Management
Alarm System Permits
Offenses
July 2016
TITLE 8
Human Rights
Definitions; General Provisions 1
Human Rights Commission 2
Unfair And Discriminatory
Practices 3
Disability Discrimination 3A
Enforcement Of Civil Rights 4
Fair Housing 5
TITLE 9
Motor Vehicles And Traffic
General Provisions 1
Registration, Certification Of
Title, And Proof Of Security
Against Financial Liability 2
Special Antitheft Law 3
Drivers' Licenses 4
Obedience To And Effect Of
Traffic Laws 5
Powers Of Local Authorities 6
Operation 7
1 Pedestrians' Rights And Duties 8
2 Special Stops Required 9
3 Miscellaneous Rules 10
4 School Buses 11
5 Equipment 12
City of Dubuque
14-1A-1 14-1A-2
CHAPTER 1
BUILDING CODES
ARTICLE A. BUILDING CODE AND REGULATIONS
SECTION:
14-1A-1:
14-1A-2:
14-1A-3:
14-1A-4:
14-1A-5:
14-1A-6:
International Building Code Adopted
International Building Code Amendments
Permit Issuance Prohibited During Consideration Of Zoning
Reclassification Or Zoning Or Subdivision Text Amendments
Demolition Permits In Conservation Districts
Exterior Security And Appearance Of Buildings
Building Code And Advisory Appeals 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, 2012 edition, and as
published by the International Code Council, Inc., 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, 2012 edition, as adopted,
shall be on file in the office of the city clerk for public inspection. (Ord.
39-13, 7-15-2013)
14-1 A-2: INTERNATIONAL BUILDING CODE AMENDMENTS: The
following additions, deletions, modifications, or amendments
of the international building code, 2012 edition, adopted in section 14-1A-1
of this article to read as follows:
Sec. 101.2. Scope.
The provisions of this code shall apply to the construction, alteration,
moving, demolition, repair, maintenance and use of any building or
structure within this jurisdiction, except work located primarily in a
September 2015
City of Dubuque
14-1A-2 14-1A-2
public way, public utility towers and poles, mechanical equipment not
specifically regulated in this code, and hydraulic flood control struc-
tures.
For additions, alterations, moving and maintenance of buildings and
structures, see chapter 34 of the international building code. For
temporary buildings and structures, see section 3103 of the inter-
national building code.
Historic Buildings. Repairs, alterations and additions necessary for
the preservation, restoration, rehabilitation, continued use or change
of use of a historic building may be made in compliance with the
provisions of the 1997 edition of the uniform code for building
conservation (UCBC) or title 14, chapter 5 of the city of Dubuque
code of ordinances.
Where, in any specific case, different sections of this code specify
different materials, methods of construction or other requirements,
the most restrictive shall govern. Where there is a conflict between a
general requirement and a specific requirement, the specific require-
ment shall be applicable.
Wherever in this code reference is made to the appendix, the provi-
sions in the appendix shall not apply unless specifically adopted.
Sec. 101.4.4. Property Maintenance.
The provisions of the international property maintenance code,
excluding appendix A, shall apply to existing structures and prem-
ises; equipment and facilities; light, ventilation, space heating,
sanitation, life, and fire safety hazards; responsibilities of owners,
operators, and occupants; and occupancy of existing premises and
structures.
Sec. 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, unless the building is part of a project which, because of
its complexity or proportions, will require more time, in which
instance the building official may grant permits for the project in
phases. The building official is authorized to grant, in writing and for
justifiable cause, a renewal of a permit for two (2) successive
periods of ninety (90) days, for a period not to exceed one -hundred
September 2015
City of Dubuque
14-1A-2 14-1A-2
eighty (180) days; provided, that a fee is paid for each renewal as
set by the city manager.
All city of Dubuque residential building permits issued prior to July
16, 2007 without an expiration date listed shall expire on October 1,
2010.
Sec. 114. Violations.
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 or portion thereof during which any such unlawful act is com-
mitted, continued or permitted and upon conviction shall be
punishable as provided in title 1 of the 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.
Sec. 116. Unsafe Structures And Equipment.
All buildings or structures regulated by this code which are struc-
turally unsafe or not provided with adequate egress, or which
constitute a fire hazard, or are otherwise dangerous to human life
are, for the purpose of this section, unsafe. Any use of buildings or
structures constituting a hazard to safety, health or public welfare by
reason of inadequate maintenance, dilapidation, obsolescence, fire
hazard, disaster, damage or abandonment is, for the purpose of this
section, an unsafe use. Parapet walls, cornices, spires, towers,
tanks, statuary and other appendages or structural members which
are supported by, attached to, or a part of a building and which are
in deteriorated condition or otherwise unable to sustain the design
loads which are specified in this code are hereby designated as
unsafe building appendages.
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 proce-
dures set forth in title 14, chapter 3 of the code of ordinances.
(Ord. 39-13, 7-15-2013)
December 2015
City of Dubuque
14-1A-3 14-1A-3
14-1A-3: PERMIT ISSUANCE PROHIBITED DURING CONSIDERA-
TION 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 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. 36-06, 5-15-2006)
December 2015
City of Dubuque
14-1A-5 14-1A-5
or city manager's designee for the temporarily boarded windows and
doors. A temporary permit may be issued upon submission of a
satisfactory plan to the city manager or city manager's designee
which outlines bringing the windows and doors into compliance with
this section. "Temporary" for purposes of this section means less
than ninety (90) days. One extension of thirty (30) days may be
granted by the city manager or city manager's designee. Further
extensions may be granted at the discretion of the city manager.
D. Appeal Rights:
1. A property owner aggrieved or adversely affected by a decision of
the city manager's designee under this section may apply to the city
manager for review of such decision by filing a written notice of
appeal with the city manager within thirty (30) days of the date of the
decision appealed from. The notice of appeal must include the fol-
lowing:
a. Name and address of person appealing (appellant).
b. A brief statement in ordinary and concise language of the
decision appealed from, together with any material facts claimed to
support the contentions of the appellant.
c. A brief statement in ordinary and concise language of the
relief sought, and the reasons why it is claimed the protested deci-
sion appealed from should be reversed or modified.
d. The signatures of all parties named as persons appealing and
their official mailing address.
2. The city manager shall review the decision appealed from and any
information provided by the appellant and issue a written decision
within thirty (30) days of receipt of the notice of appeal. The decision
shall be mailed to the appellant. The city manager may affirm,
reverse, or modify the decision of the city manager's designee.
E. Inventory And Review: An inventory of buildings with boarded up
windows and doors shall be completed by December 31, 2010, and
maintained by the city manager. The inventory shall be updated
every twenty four (24) months and provided for review to the city
council.
F. Historic Preservation Requirements: None of the provisions of this
section shall be interpreted to reduce or modify the requirements for
September 2015
City of Dubuque
14-1A-5 14-1A-6
review and approval by the historic preservation commission
required under the code of ordinances for properties located within a
historic preservation or conservation district. (Ord. 16-11, 2-22-2011)
14-1A-6: BUILDING CODE AND ADVISORY APPEALS BOARD:
A. Board Created: There is hereby created the building code and advi-
sory appeals board.
B. Purpose: The purpose of the board is to determine the suitability of
alternative building materials and methods of building construction,
to provide for reasonable interpretation of the provisions of the
international building code, to advise the city council on all building
construction regulations and procedures, and to serve as an appeal
body for the decisions of the building official.
C. Internal Organization And Rules: The board may adopt rules and
regulations to govern its organizational procedures as may be neces-
sary and which are not in conflict with this code 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 seven (7) 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 member must be an architect or engineer registered in
the state of Iowa.
b. One member must be a commercial contractor.
c. One member must be a journeyman carpenter.
d. One member must be a residential contractor.
e. One member must be a representative of the public at large.
September 2015
City of Dubuque
14-1A-6 14-1A-6
f. Two (2) representatives must have knowledge of Americans
with disabilities act regulations to represent the interests of persons
with disabilities.
F. Oath: Each person, upon appointment or reappointment to the board,
must execute an oath of office at the first meeting of the board fol-
lowing 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 chair-
person and vice chairperson, each to serve a term of one year. The
chairperson must appoint a secretary, who need not be a member 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 upon call of the chair-
person, secretary, or city manager.
2. Special Meetings: Special meetings may be called by the chair-
person or at the written request of a majority of the members.
3. Open Meetings: All meetings must be called and held in confor-
mance 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)
September 2015
City of Dubuque
14-1A-6 14-1A-6
working days after each meeting, or by the next regularly scheduled
city council meeting, whichever is later.
6. Quorum: For meetings where the agenda does not include the
review of any Americans with disabilities act issues, three (3)
members of the board constitute a quorum for the transaction of
business. For meetings where the agenda does include the review of
any Americans with disabilities act issues, four (4) members of the
board and at least one of the Americans with disabilities act
representatives must be in attendance to constitute a quorum for the
transaction of business. An 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 estab-
lished 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 responsi-
bilities:
1. Any person who is aggrieved by a decision of the building official
on any requirements resulting from the enforcement of the building
code may appeal from such decision to the building code board and
said board shall serve as an appeal board. In case the aggrieved
party is a member of said board, said member shall be disqualified
as a member of the board acting as an appeal board, until the
person aggrieved has been heard and a decision rendered.
The appeal shall be made by the person aggrieved, giving written
notice of such appeal to the building official within seven (7) days of
receipt of decision from which the appeal is taken. The building code
board sitting as an appeal board shall meet within ten (10) working
days after receiving such notice and render a decision within five (5)
working days thereafter. Any interested party, including the building
official, shall have the right to present their case to the appeal board,
whose decision shall be final unless appealed to the district court as
provided by law.
The board of appeals may reverse or modify a decision of the build-
ing official only on finding that:
September 2015
City of Dubuque
14-1A-6 14-1A-6
a. The building official had incorrectly interpreted the provision
of this code; or
b. The decision of the building official creates an unnecessary
hardship upon the appellant.
The board of appeals shall require that sufficient evidence or proof
be submitted to substantiate any claims made regarding the use of
alternates.
All appeal hearings shall be conducted in accordance with the proce-
dures specified in this code.
On issues before the board involving the Americans with disabilities
act the board may elect to seek input from Americans with disabili-
ties act advocates in the community. If the board elects to seek input
from Americans with disabilities act advocates in the community the
board shall consult with a minimum of two (2) individuals.
N. Limitations Of Authority: The board of appeals shall have no author-
ity relative to interpretation of the administrative provisions of this
code nor shall the board be empowered to waive requirements of
this code.
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, 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, fire resistance, and safety. (Ord.
41-15, 6-15-2015)
September 2015
City of Dubuque
r
14-1B-1 14-1B-2
SECTION:
14-1B-1:
14-1 B-2:
CHAPTER 1
BUILDING CODES
ARTICLE B. RESIDENTIAL CODE
International Residential Code Adopted
International Residential Code Amendments
14-1B-1: INTERNATIONAL RESIDENTIAL 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 residential code, 2012 edition, and
as published by the International Code Council, Inc., 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 corpo-
rate limits of the city and shall be known as the "Dubuque residential build-
ing code". A copy of the international residential code, 2012 edition, as
adopted, shall be on file in the office of the city clerk for public inspection.
(Ord. 39-13, 7-15-2013)
14-1 B-2: INTERNATIONAL RESIDENTIAL CODE AMENDMENTS:
The following additions, deletions, modifications, or amend-
ments of the international residential code, 2012 edition, adopted in section
14-1 B-1 of this article to read as follows:
Sec. R103.1. Creation Of Enforcement Agency.
There is hereby established in the city the building services depart-
ment, which shall be under the jurisdiction of the building official.
Sec. 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
November 2013
City of Dubuque
14-1B-2 14-1B-2
issuance. The building official is authorized to grant, in writing, one
or more extensions of time, for periods not to exceed 180 days. The
extensions shall be requested in writing and justifiable cause demon-
strated.
Sec. R112. Building Code And Advisory Appeals Board.
An appeal of a decision rendered under the international residential
code shall be brought to the building code and advisory appeals
board as outlined in city of Dubuque code of ordinances, title 14,
chapter 1, article A.
Sec. R113. Violations.
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 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 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.
Sec. R303. Blower Door Test is hereby deleted.
Sec. R310.1. Emergency Escape And Rescue Required.
Basements, habitable attics, and every sleeping room shall have at
least one (1) operable emergency escape and rescue opening.
Where basements contain one or more sleeping rooms, emergency
egress and rescue openings shall be required in each sleeping room.
Where emergency escape and rescue openings are provided they
shall have a sill height of not more than 44 inches (1118 mm) above
the floor. Where a door opening having a threshold below the
adjacent ground elevation serves as an emergency escape and
rescue opening and is provided with a bulkhead enclosure, the bulk-
head enclosure shall comply with section R310.3. The net clear
opening dimensions required by this section shall be obtained by the
normal operation of the emergency escape and rescue opening from
November 2013
City of Dubuque
14-1B-2 14-1B-2
the inside. Emergency escape and rescue openings with a finished
sill height below the adjacent ground elevation shall be provided with
a window well in accordance with section R310.2. Emergency
escape and rescue openings shall open directly into a public way, or
to a yard or court that opens to a public way.
Exceptions:
1. Basements used only to house mechanical equipment and
not exceeding total floor area of 200 square feet (18.58 m2).
2. Basements without bedrooms that provide a second stair-
way that terminates in a room separate from the first stairway.
3. The finished sill height may exceed 44 inches (1118 mm)
above the floor if approved by the building official and the
following conditions are met:
a. The exterior finish grade is more than 36 inches (914 mm)
above the interior floor level of the room, or altering the
exterior configuration of the building would adversely affect
the historical significance of the building.
b. A platform capable of supporting a live Toad of 300 pounds
shall be permanently affixed at the interior of the window. This
platform shall be no lower than 20 inches (508 mm) above the
floor and no higher than 36 inches (914 mm) above the floor.
The distance from the platform to the finished sill height shall
not exceed 36 inches (914 mm). The platform shall extend
outward from the wall a minimum of 24 inches (610 mm) and
shall be at least as wide as the clear openable width of the
window.
c. The escape or rescue window shall comply with section
R310.2.
d. The building is equipped with smoke detectors installed in
accordance with section R313.
Sec. R311.7.7.2. Continuity.
Handrails for stairways shall be continuous for the full length of the
flight, from a point directly above the top riser of the flight to a point
directly above the lowest riser of the flight. Handrail ends shall be
returned or shall terminate in newel posts or safety terminals. Hand -
November 2013
City of Dubuque
14-1B-2 14-1B-2
rails adjacent to a wall shall have a space of not less than 11/2 inch
(38 mm) between the wall and the handrails.
Exceptions:
1. Handrails shall be permitted to be interrupted by a newel
post at a turn.
2. The use of a volute, turnout or starting easing shall be
allowed over the lowest tread.
3. Top rails may be interrupted by walls.
Sec. R313 and P2904. Automatic Fire Sprinkler Systems are hereby
deleted.
Sec. R404.1.2. Concrete Foundation Walls.
Concrete foundation walls that support light -frame walls shall be
designed and constructed in accordance with the provisions of this
section, ACI 318, ACI 332 or PCA 100. Concrete foundation walls
that support above -grade concrete walls that are within the appli-
cability limits of section R611.2 shall be designed and constructed in
accordance with the provisions of this section, ACI 318, ACI 332 or
PCA 100. When ACI 318, ACI 332, PCA 100 or the provisions of this
section are used to design concrete foundation walls, project draw-
ings, typical details, and specifications are not required to bear the
seal of the architect or engineer responsible for design, unless other-
wise required by the state law of the jurisdiction having authority.
Exception:
November 2013
The following reinforcement requirements may be used as an
alternative for 8" (204 mm) thick concrete foundation walls
between 96 (2438 mm) and 120 inches (3048 mm) in height:
#4 bars 20 inches (508 mm) on center vertically and #4 bars
24 inches (610 mm) on center horizontally.
City of Dubuque
14-1B-2
14-1 B-2
Table M1601.1.1(2) of the 2006 international residential code is hereby
adopted:
Type Of Duct
Size
(Inches)
Minimum
Thickness
(Inch)
Equivalent
Galvanized
Sheet Gauge
Approximate
Aluminum
B & S Gauge
Round ducts and enclosed
14 or less
0.013
30
26
rectangular ducts
Over 14
0.016
28
24
Exposed rectangular ducts
14 or less
0.016
28
24
Over 14
0.019
26
22
For SI: 1 inch = 25.4 mm.
Sec. P2603.6. Freezing.
As Dubuque requires a winter design temperature of 32 degrees
Fahrenheit (0 degrees Celsius) or lower as shown in table R301.2(1)
of this code, a water, soil or waste pipe shall not be installed outside
of a building, in exterior walls, in attics or crawl spaces, or in any
other place subjected to freezing temperature unless adequate provi-
sion is made to protect it from freezing by insulation or heat or both.
Water service pipe shall be installed not less than 6 inches (152 mm)
below the frost line.
Sec. P3114.3. Where Permitted.
Individual vents, branch vents, circuit vents and stack vents shall be
permitted to terminate with a connection to an air admittance valve
when approved by the building official or their agent in cases where
structural or existing conditions do not allow for the termination of a
vent to the exterior of the structure.
Individual and branch type air admittance valves shall vent only
fixtures that are on the same floor level and connect to a horizontal
branch drain.
Part VIII "Electrical" is hereby amended by deleting chapters 34-43 in their
entirety.
(Ord. 39-13, 7-15-2013)
November 2013
City of Dubuque
14-1C-1 14-1C-2
SECTION:
14-1C-1:
14-1 C-2:
CHAPTER 1
BUILDING CODES
ARTICLE C. ENERGY CONSERVATION CODE
International Energy Conservation Code Adopted
International Energy Conservation Code Amendments
14-1C-1: INTERNATIONAL ENERGY CONSERVATION CODE
ADOPTED: Except as hereinafter added to, deleted, modified,
or amended, there is hereby adopted by reference as the energy code of
the city that certain code known as the international energy conservation
code, 2012 edition, and as published by the International Code Council,
Inc., and the thermal efficiency provisions of such code shall be controlling
in the construction of all new construction and any renovation project that
effects the building thermal envelope of a structure within the corporate
limits of the city and the lighting efficiency provisions of such code shall be
controlling in the new construction of buildings which are open to the
general public during normal business hours and shall be known as the
"Dubuque energy code". A copy of the international energy conservation
code, 2012 edition, as adopted, shall be on file in the office of the city clerk
for public inspection. (Ord. 39-13, 7-15-2013)
14-1C-2: INTERNATIONAL ENERGY CONSERVATION CODE
AMENDMENTS: The following additions, deletions, modifica-
tions, or amendments of the international energy conservation code, 2012
edition, adopted in section 14-1C-1 of this article to read as follows:
Sec. 202. General Definitions.
Above -Grade Wall. A wall more than 50 percent above grade and
enclosing conditioned space. This includes between -floor spandrels,
peripheral edges of floors, roof and basement knee walls, dormer
November 2013
City of Dubuque
14-1C-2 14-1C-2
walls, gable end walls, walls enclosing a mansard roof and skylight
shafts.
Accessible. Admitting close approach as a result of not being
guarded by locked doors, elevation or other effective means (see
"Readily Accessible").
Addition. An extension or increase in the conditioned space floor
area or height of a building or structure.
Air Barrier. Material(s) assembled and joined together to provide a
barrier to air leakage through the building envelope. An air barrier
may be a single material or a combination of materials.
Alteration. Any construction or renovation to an existing structure
other than repair or addition that requires a permit. Also, a change in
a mechanical system that involves an extension, addition or change
to the arrangement, type or purpose of the original installation that
requires a permit.
Approved. Approval by the code official as a result of investigation
and tests conducted by him or her, or by reason of accepted princi-
ples or tests by nationally recognized organizations.
Automatic. Self-acting, operating by its own mechanism when
actuated by some impersonal influence, as, for example, a change in
current strength, pressure, temperature or mechanical configuration
(see "Manual").
Basement Wall. A wall 50 percent or more below grade and enclos-
ing conditioned space.
Building. Any structure used or intended for supporting or sheltering
any use or occupancy.
Building Thermal Envelope. The basement walls, exterior walls, floor,
roof, and any other building element that enclose conditioned space.
This boundary also includes the boundary between conditioned
space and any exempt or unconditioned space.
C -Factor (Thermal Conductance). The coefficient of heat trans-
mission (surface to surface) through a building component or assem-
bly, equal to the time rate of heat flow per unit area and the unit
temperature difference between the warm side and cold side
surfaces (Btu/h ft2 x oF) [W/(m2 x K)].
November 2013
City of Dubuque
14-1C-2
14-1C-2
Code Official. The officer or other designated authority charged with
the administration and enforcement of this code, or a duly authorized
representative.
Commercial Building. For this code, all buildings that are not
included in the definition of "Residential Buildings."
Conditioned Floor Area. The horizontal projection of the floors
associated with the conditioned space.
Conditioned Space. An area or room within a building being heated
or cooled, containing uninsulated ducts, or with a fixed opening
directly into an adjacent conditioned space.
Crawl Space Wall. The opaque portion of a wall that encloses a
crawl space and is partially or totally below grade.
Curtain Wall. Fenestration products used to create an external
nonload-bearing wall that is designed to separate the exterior and
interior environments.
Daylight Zone.
1. Under Skylights. The area under skylights whose horizontal
dimension, in each direction, is equal to the skylight dimension in
that direction plus either the floor -to ceiling height or the dimension
to a ceiling height opaque partition, or one-half the distance to
adjacent skylights or vertical fenestration, whichever is least.
2. Adjacent To Vertical Fenestration. The area adjacent to vertical
fenestration which receives daylight through the fenestration. For
purposes of this definition and unless more detailed analysis is
provided, the daylight zone depth is assumed to extend into the
space a distance of 15 feet (4572 mm) or to the nearest ceiling
height opaque partition, whichever is Tess. The daylight zone width is
assumed to be the width of the window plus 2 feet (610 mm) on each
side, or the window width plus the distance to an opaque partition, or
the window width plus one-half the distance to adjacent skylight or
vertical fenestration, whichever is least.
Demand Control Ventilation (DCV). A ventilation system capability
that provides for the automatic reduction of outdoor air intake below
design rates when the actual occupancy of spaces served by the
system is less than design occupancy.
November 2013
City of Dubuque
14-1C-2 14-1C-2
Duct. A tube or conduit utilized for conveying air. The air passages
of self-contained systems are not to be construed as air ducts.
Duct System. A continuous passageway for the transmission of air
that, in addition to ducts, includes duct fittings, dampers, plenums,
fans and accessory air -handling equipment and appliances.
Dwelling Unit. A single unit providing complete independent living
facilities for one or more persons, including permanent provisions for
living, sleeping, eating, cooking and sanitation.
Economizer, Air. A duct and damper arrangement and automatic
control system that allows a cooling system to supply outside air to
reduce or eliminate the need for mechanical cooling during mild or
cold weather.
Economizer, Water. A system where the supply air of a cooling
system is cooled indirectly with water that is itself cooled by heat or
mass transfer to the environment without the use of mechanical
cooling.
Energy Analysis. A method for estimating the annual energy use of
the proposed design and standard reference design based on
estimates of energy use.
Energy Cost. The total estimated annual cost for purchased energy
for the building functions regulated by this code, including applicable
demand charges.
Energy Recovery Ventilation System. Systems that employ air-to-air
heat exchangers to recover energy from exhaust air for the purpose
of preheating, precooling, humidifying or dehumidifying outdoor
ventilation air prior to supplying the air to a space, either directly or
as part of an HVAC system.
Energy Simulation Tool. An approved software program or calcula-
tion -based methodology that projects the annual energy use of a
building.
Entrance Door. Fenestration products used for ingress, egress and
access in nonresidential buildings, including, but not limited to,
exterior entrances that utilize latching hardware and automatic
closers and contain over 50 -percent glass specifically designed to
withstand heavy use and possibly abuse.
November 2013
City of Dubuque
14-1C-2
14-1C-2
Exterior Wall. Walls including both above -grade walls and basement
walls.
F -Factor. The perimeter heat loss factor for slab -on -grade floors
(Btu/h x ft x OF) [W/(m x K)].
Fan Brake Horsepower (BHP). The horsepower delivered to the fan's
shaft. Brake horsepower does not include the mechanical drive
losses (belts, gears, etc.).
Fan System BHP. The sum of the fan brake horsepower of all fans
that are required to operate at fan system design conditions to
supply air from the heating or cooling source to the conditioned
spacers and return it to the source or exhaust it to the outdoors.
Fan System Design Conditions. Operating conditions that can be
expected to occur during normal system operation that result in the
highest supply fan airflow rate to conditioned spaces served by the
system.
Fan System Motor Nameplate HP. The sum of the motor nameplate
horsepower of all fans that are required to operate at design
conditions to supply air from the heating or cooling source to the
conditioned spacers and return it to the source or exhaust it to the
outdoors.
Fenestration. Skylights, roof windows, vertical windows (fixed or
moveable), opaque doors, glazed doors, glazed block and combina-
tion opaque/glazed doors. Fenestration includes products with glass
and nonglass glazing materials.
Gambling Facility - Back Of House. Areas of a gambling structure or
moored barge and associated hotel, meeting, entertainment or
recreation spaces that are only accessible to authorized personnel
and not to the general public and guests, such as employee and
delivery entrances, employee lounges and dining areas, administra-
tive offices and meeting rooms, maintenance areas, storage rooms,
service corridors, etc.
Gambling Facility - Front Of House. Areas of gambling structure or
moored barge and associated hotel, meeting, entertainment or
recreation spaces that are physically accessible or visible to the
general public and guests, such as the exterior facades, landscap-
ing, entries, lobbies, guestroom corridors, porte cocheres, retail
November 2013
City of Dubuque
14-1C-2 14-1C-2
shops, restaurants, theaters, gaming areas, guest conference and
meeting rooms, other areas of entertainment or recreation, etc.
Heat Trap. An arrangement of piping and fittings, such as elbows, or
a commercially available heat trap that prevents thermosyphoning of
hot water during standby periods.
Heated Slab. Slab -on -grade construction in which the heating
elements, hydronic tubing, or hot air distribution system is in contact
with, or placed within or under, the slab.
Humidistat. A regulatory device, actuated by changes in humidity,
used for automatic control of relative humidity.
IDGH-Efficacy Lamps. Compact fluorescent lamps, T-8 or smaller
diameter linear fluorescent lamps, or lamps with a minimum efficacy
of:
1. 60 lumens per watt for lamps over 40 watts,
2. 50 lumens per watt for lamps over 15 watts to 40 watts, and
3. 40 lumens per watt for lamps 15 watts or less.
Infiltration. The uncontrolled inward air leakage into a building
caused by the pressure effects of wind or the effect of differences in
the indoor and outdoor air density or both.
Insulating Sheathing. An insulating board with a core material having
a minimum R -value of R-2.
Kitchen Display. A substantially open cooking and food preparation
facility, located in the front -of -house dining room/lounge area
specifically for the purpose of demonstrating the function of food and
drink preparation.
Labeled. Equipment, materials or products to which have been
affixed a label, seal, symbol or other identifying mark of a nationally
recognized testing laboratory, inspection agency or other organiza-
tion concerned with product evaluation that maintains periodic
inspection of the production of the above -labeled items and whose
labeling indicates either that the equipment, material or product
meets identified standards or has been tested and found suitable for
a specified purpose.
November 2013
City of Dubuque
14-1C-2 14-1C-2
Listed. Equipment, materials, products or services included in a list
published by an organization acceptable to the code official and con-
cerned with evaluation of products or services that maintains
periodic inspection of production of listed equipment or materials or
periodic evaluation of services and whose listing states either that
the equipment, material, product or service meets identified stan-
dards or has been tested and found suitable for a specified purpose.
Low -Voltage Lighting. Lighting equipment powered through a trans-
former such as a cable conductor, a rail conductor and track lighting.
Manual. Capable of being operated by personal intervention (see
"Automatic").
Nameplate Horsepower. The nominal motor horsepower rating
stamped on the motor nameplate.
Proposed Design. A description of the proposed building used to
estimate annual energy use for determining compliance based on
total building performance.
R -Value (Thermal Resistance). The inverse of the time rate of heat
flow through a body from one of its bounding surfaces to the other
surface for a unit temperature difference between the two surfaces,
under steady state conditions, per unit area (h . ftz °FIBtu)
[(m2K)/W].
Readily Accessible. Capable of being reached quickly for operation,
renewal or inspection without requiring those to whom ready access
is requisite to climb over or remove obstacles or to resort to portable
ladders or access equipment (see "Accessible").
Repair. The reconstruction or renewal of any part of an existing
building.
Residential Building. For this code, includes R-3 buildings, as well as
R-2 and R-4 buildings three stories or less in height above grade.
Roof Assembly. A system designed to provide weather protection
and resistance to design loads. The system consists of a roof cover-
ing and roof deck or a single component serving as both the roof
covering and the roof deck. A roof assembly includes the roof
covering, underlayment, roof deck, insulation, vapor retarder and
interior finish.
November 2013
City of Dubuque
14-1C-2 14-1C-2
Screw Lamp Holders. A Tamp base that requires a screw -in -type
lamp, such as a compact -fluorescent, incandescent, or tungsten -
halogen bulb.
Service Water Heating. Supply of hot water for purposes other than
comfort heating.
Skylight. Glass or other transparent or translucent glazing material
installed at a slope of 15 degrees (0.26 rad) or more from vertical.
Glazing material in skylights, including unit skylights, solariums,
sunrooms, roofs and sloped walls is included in this definition.
Sleeping Unit. A room or space in which people sleep, which can
also include permanent provisions for living, eating, and either
sanitation or kitchen facilities but not both. Such rooms and spaces
that are also part of a dwelling unit are not sleeping units.
Solar Heat Gain Coefficient (SHGC). The ratio of the solar heat gain
entering the space through the fenestration assembly to the incident
solar radiation. Solar heat gain includes directly transmitted solar
heat and absorbed solar radiation which is then reradiated, con-
ducted or convected into the space.
Standard Reference Design. A version of the proposed design that
meets the minimum requirements of this code and is used to deter-
mine the maximum annual energy use requirement for compliance
based on total building performance.
Storefront. A nonresidential system of doors and windows mulled as
a composite fenestration structure that has been designed to resist
heavy use. Storefront systems include, but are not limited to, exterior
fenestration systems that span from the floor level or above to the
ceiling of the same story on commercial buildings.
Sunroom. A one-story structure attached to a dwelling with a glazing
area in excess of 40 percent of the gross area of the structure's
exterior walls and roof.
Thermal Isolation. Physical and space conditioning separation from
conditioned space(s). The conditioned space(s) shall be controlled
as separate zones for heating and cooling or conditioned by
separate equipment.
Thermostat. An automatic control device used to maintain tempera-
ture at a fixed or adjustable set point.
November 2013
City of Dubuque
14-1C-2 14-1C-2
U -Factor (Thermal Transmittance). The coefficient of heat trans-
mission (air to air) through a building component or assembly, equal
to the time rate of heat flow per unit area and unit temperature
difference between the warm side and cold side airfilms
(Btu/h . ft2 . OF) (W/(m2 . K»).
Ventilation. The natural or mechanical process of supplying condi-
tioned or unconditioned air to, or removing such air from, any space.
Ventilation Air. That portion of supply air that comes from outside
(outdoors) plus any recirculated air that has been treated to maintain
the desired quality of air within a designated space.
Zone. A space or group of spaces within a building with heating or
cooling requirements that are sufficiently similar so that desired
conditions can be maintained throughout using a single controlling
device.
Sec. 403.2. Reserved.
Sec. 405.5.1. Total Connected Interior Lighting Power.
The total connected interior lighting power (watts) shall be the sum
of the watts of all interior lighting equipment as determined in
accordance with section 405.5.1.1 through 405.5.1.4.
Exceptions: The connected power associated with the following light-
ing equipment is not included in calculating the total connected
lighting power.
1. Specialized medical, dental, and research lighting.
2. Professional and/or competition level sports playing area lighting.
3. Display lighting for exhibits in galleries, museums, monuments,
and convention centers.
4. Sleeping unit lighting in hotels, motels, boarding houses or similar
buildings.
5. Emergency lighting automatically off during normal building opera-
tion.
6. Gambling facility - front of house areas.
November 2013
City of Dubuque
14-1C-2 14-1C-2
7. Display kitchen and bar areas.
Sec. 405.5.2. Interior Lighting Power.
The total interior lighting power (watts) is the sum of all interior
lighting powers for all area in the building covered in this permit. The
interior lighting power is the floor area for each building area type
listed in table 405.5.2 times the value from table 405.5.2 for that
area. For areas with high ceilings and lighting fixture mounting
heights that exceed 12 feet, an adjustment factor is allowed by
multiplying the LPD value from table 405.5.2 with the adjustment
factor in table 405.5.3. For the purposes of this method, an "area"
shall be defined as all contiguous spaces that accommodate or are
associated with a single building area type as listed in table 405.5.2.
When this method is used to calculate the total interior lighting
power for an entire building, each building area type shall be treated
as a separate area.
TABLE 405.5.3
ADJUSTMENTS FOR MOUNTING HEIGHTS ABOVE FLOOR
Height (In Feet) Above
The Finished Floor To The
Bottom Of Luminaire(s)
Multiply LPD By
12 or less
1.0
13
1.05
14
1.10
15
1.15
16
1.21
17
1.47
18
1.65
19
1.84
20 or more
2.04
Sec. 405.6. Exterior Lighting (Mandatory).
When the power for the exterior lighting is supplied through the
energy service to the building, all exterior lighting, other than low -
voltage lighting, shall comply with sections 405.6.1 and 405.6.2.
November 2013
City of Dubuque
14-1C-2 14-1C-2
Exceptions:
1. Where approved because of historical, safety, signage or
emergency considerations.
2. Light emitting diode (LED), neon, and cold cathode exterior lamp
sources.
3. Gambling facility - front of house areas.
(Ord. 39-13, 7-15-2013)
November 2013
City of Dubuque
L
14-1D-2 14-1D-2
1.59 mm (1/16 in.) thick and covered with plaster, adobe, or
similar finish.
(C) Type NMS. Type NMS cable shall be permitted as follows:
(1) For both exposed and concealed work in normally
dry locations except as prohibited by 334.10(3).
(2) To be installed or fished in air voids in masonry
block or tile walls.
(Ord. 3-12, 1-17-2012)
404.1(A). Height Requirements.
This includes, but is not limited to, receptacles, switches, dimmers,
thermostats, timers, fuses, equipment disconnects, and circuit -
breakers whether located inside or outside of a building or structure.
In all places accessible to persons with disabilities, the height
requirements of all electrical utilization or control devices shall be as
follows:
(1) The minimum height of a required wall mounted electrical
device shall not be less than 0.38 m (15 inches), measured
from the finished floor height to the center of the usable part
of the device.
(2) The maximum height of a required wall mounted electrical
device shall not be greater than 1.22 m (48 inches),
measured from the floor to the center of the usable part of the
device.
(3) The maximum height of a required wall mounted electrical
device installed over the surface of a counter top shall not be
greater than 1.17 m (46 inches), measured from the floor to
the center of the usable part of the device.
406.1(A). Height Requirements.
This includes, but is not limited to, receptacles, switches, dimmers,
thermostats, timers, fuses, equipment disconnects, and circuit -
breakers whether located inside or outside of a building or structure.
June 2015
City of Dubuque
14-1D-2 14-1D-2
In all places accessible to persons with disabilities, the height
requirements of all electrical utilization or control devices shall be as
follows:
(1) The minimum height of a required wall mounted electrical
device shall not be less than 0.38 m (15 inches), measured
from the finished floor height to the center of the usable part
of the device.
(2) The maximum height of a required wall mounted electrical
device shall not be greater than 1.22 m (48 inches),
measured from the floor to the center of the usable part of the
device.
(3) The maximum height of a required wall mounted electrical
device installed over the surface of a counter top shall not be
greater than 1.17 m (46 inches), measured from the floor to
the center of the usable part of the device.
(Ord. 17-09, 3-16-2009, eff. 5-1-2009)
406.4. General Installation Requirements.
This section is hereby repealed.
(Ord. 4-15, 1-5-2015)
408.1(A). Height Requirements.
This includes, but is not limited to, receptacles, switches, dimmers,
thermostats, timers, fuses, equipment disconnects, and circuit
breakers whether located inside or outside of a building or structure.
In all places accessible to persons with disabilities, the height
requirements of all electrical utilization or control devices shall be as
follows:
June 2015
(1) The minimum height of a required wall mounted electrical
device shall not be less than 0.38 m (15 inches), measured
from the finished floor height to the center of the usable part
of the device.
(2) The maximum height of a required wall mounted electrical
device shall not be greater than 1.22 m (48 inches),
measured from the floor to the center of the usable part of the
device.
City of Dubuque
14-1E-1 14-1E-2
SECTION:
14-1E-1:
14-1E-2:
14-1E-3:
14-1E-4:
14-1 E-5:
CHAPTER 1
BUILDING CODES
ARTICLE E. FIRE CODE AND REGULATIONS
International Fire Code Adopted
International Fire Code Amendments
International Fire Code Enforcement
Emergencies
Special Conditions
14-1E-1: INTERNATIONAL FIRE CODE ADOPTED: Except as herein-
after added to, deleted, modified or amended, the inter-
national fire code, 2012 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, 2012 edition, is on file in the office of
the city clerk for public inspection. (Ord. 40-13, 7-15-2013)
14-1E-2: INTERNATIONAL FIRE CODE AMENDMENTS: The follow-
ing additions, deletions, modifications, or amendments of the
international fire code, 2012 edition, adopted in section 14-1E-1 of this
article read as follows: (Ord. 40-13, 7-15-2013)
Section 102.5, Historic Buildings.
Repairs, alterations and additions necessary for the preservation,
restoration, rehabilitation, continued use or change of use of a
historic building may be made in compliance with the provisions of
the 1997 edition of the uniform code for building conservation
(UCBC) or title 14, chapter 5 of the city of Dubuque code of ordi-
nances.
November 2013
City of Dubuque
14-1E-2 14-1E-3
Where, in any specific case, different sections of this code specify
different materials, methods of construction or other requirements,
the most restrictive shall govern. Where there is a conflict between a
general requirement and a specific requirement, the specific require-
ment shall be applicable.
Wherever in this code reference is made to the appendix, the provi-
sions in the appendix shall not apply unless specifically adopted.
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.
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 the code of ordinances without first having obtained such
permit.
Section 108. 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.
Section 109.3, Violation Penalties is hereby repealed.
(Ord. 46-10, 8-6-2010)
14-1E-3: INTERNATIONAL FIRE CODE ENFORCEMENT: The code
adopted by section 14-1E-1 of this article will be enforced by
the fire department. (Ord. 40-13, 7-15-2013)
November 2013
City of Dubuque
14-1E-4 14-1E-5
14-1E-4: EMERGENCIES: Where a situation requires immediate
decision, that of the fire chief shall be final and conclusive.
(Ord. 46-10, 8-6-2010)
14-1E-5: SPECIAL CONDITIONS: The fire chief in matters of fire
prevention shall have full power to exercise judgment in a
reasonable and proper manner and rule accordingly on all special cases in
regard to any of the matters and things treated in this code relating to fire
hazards not specifically covered thereby. (Ord. 46-10, 8-6-2010)
November 2010
City of Dubuque
14-1 F-1
CHAPTER 1
BUILDING CODES
ARTICLE F. MECHANICAL CODE
SECTION:
14-1F-1: International Mechanical Code Adopted
14-1F-2: International Mechanical Code Amendments
14-1F-3: Fees
14-1 F-2
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, 2012
edition, and the provisions of such mechanical code shall be controlling for
the installation, maintenance and use of heating, ventilating, cooling,
refrigeration systems, incinerators and other miscellaneous heat producing
appliances within the corporate limits of the city and shall be known as the
Dubuque mechanical code. A copy of the international mechanical code,
2012 edition, as adopted, shall be on file in the office of the city clerk for
public inspection. (Ord. 39-13, 7-15-2013)
14-1 F-2: INTERNATIONAL MECHANICAL CODE AMENDMENTS:
The following additions, deletions, modifications, or amend-
ments of the international mechanical code, 2012 edition, adopted in
section 14-1F-1 of this article to read as follows:
Section 203, "Board Of Appeals" is hereby amended by repealing such
section and replacing such section with a new section in lieu thereof as
follows:
Section 203. Mechanical Code Board.
A. Board Created. There is hereby created a mechanical code board.
November 2013
City of Dubuque
14-1F-2 14-1F-2
B. Mission. The mission of the mechanical code board shall be to
determine the suitability of alternative materials and methods of
installation, to provide for reasonable interpretations of the mechani-
cal code, to serve as an appeal body for the decisions of the building
official, to advise the city council on all heating, ventilating, air
conditioning, and refrigeration regulations and procedures, and to
provide for examining applicants for certification of competency and
issuing certificates of competency and registration.
C. Internal Organization And Rules. The board may adopt rules and
regulations to govern its organizational procedures as may be neces-
sary and which are not in conflict with city or state code.
D. Procedures For Operation. All administrative, personnel, account-
ing, budgetary, and procurement policies of the city shall govern the
board in all its operations.
E. Membership.
1. The mechanical code board shall consist of seven (7) resi-
dents of the city of Dubuque, appointed by the city council.
2. Special Qualifications.
a. Each member shall have a background or experience in
sheet metal contracting, hot water and steam fitting contract-
ing, hot water and steam fitting work, refrigeration contracting,
refrigeration work, or mechanical engineering.
F. Terms. The term of office for members of the mechanical code
board shall be three (3) years. All officers shall be eligible to serve
successive terms of office.
G. Vacancies. Vacancies caused by death, resignation, or otherwise
shall be promptly filled by the city council for the unexpired term of
office.
H. Officers/Organization. The board shall choose annually, from its
own membership, a chairperson and vice chairperson, each to serve
a term of one (1) year. The building official, or the building official's
designee, shall be secretary of the board. The board shall fill vacan-
cies among its officers for the remainder of the unexpired term.
November 2013
City of Dubuque
14-1 F-2
14-1 F-2
I. Meetings.
1. Regular Meetings. The mechanical code board shall meet
at least once every three (3) months.
2. Special Meetings. Special meetings may be called by the
chairperson or at the written request of three (3) members by
giving at least twenty-four (24) hours notice to every other
member of the commission. The call for a special meeting
shall include an agenda and only matters included in that
agenda may be acted on at the meeting.
3. Open Meetings. All meetings shall be called and held in
conformance with the Iowa open meetings law.
4. Attendance.
a. In the event a member of the mechanical code board,
created by this chapter, has been absent for three (3) or more
consecutive meetings of the board, without being excused by
the chairperson, it shall be grounds for the board to recom-
mend to the city council that the position be declared vacant
and a replacement appointed.
b. Attendance shall be entered upon the minutes of all meet-
ings.
5. Minutes. A copy of the minutes of all regular and special
meetings of the board shall be filed with the city council within
ten (10) working days after each meeting.
6. Quorum. Four (4) members of the board shall constitute a
quorum for the transaction of business. The affirmative vote of
at least four (4) members shall be necessary for the adoption
of any resolution.
J. Compensation. The members of the mechanical code board
created by this chapter shall serve without compensation, provided
that they may receive reimbursement for necessary travel and other
expenses while on official board business and such shall be within
the limits established in the city budget.
K. Removal. The city council may remove any member of any board
or commission which it has established.
November 2013
City of Dubuque
14-1F-2 14-1F-2
L. Powers. The mechanical code board commission shall have the
following powers, duties, and responsibilities:
Any person who is aggrieved by a decision of the building
official resulting from the enforcement of the mechanical code
may appeal from such decision to the mechanical code board,
and said board shall serve as an appeal board. In case the
aggrieved party is a board member, said member shall be dis-
qualified as a member of the board acting as an appeal board
until the person aggrieved has been heard and a decision
rendered.
The appeal shall 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. The building
official shall, within seven (7) days thereafter, notify the board
of the appeal. The mechanical code board shall meet within
seven (7) days after receiving such notice and shall render a
decision within five (5) days thereafter. Any interested party,
including the building official, may have the right to present
such party's case to the appeal board, whose decision shall
be final unless appealed to the district court as provided by
law.
Section 204, "Violations" is hereby amended by repealing such section and
replacing such section with a new section in lieu thereof as follows:
Section 204. 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 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 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.
Table 3-A, "Mechanical Permit Fees" is hereby repealed.
November 2013
City of Dubuque
14-1 F-2
14-1 F-3
Table 603.4 of the 2006 international mechanical code is hereby adopted:
Duct Size
Galvanized
Approximate
Aluminum
B&S Gauge
Minimum
Thickness
(Inches)
Equivalent
Galvanized
Gauge No.
Round ducts and enclosed
rectangular ducts
14" or less
0.013
30
26
Over 14"
0.016
28
24
Exposed rectangular ducts
14" or less
0.016
28
24
Over 14"
0.019
26
22
For SI: 1 inch = 25.4 mm.
(Ord. 39-13, 7-15-2013)
14-1F-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)
November 2013
City of Dubuque
14-1G-1 14-1G-2
SECTION:
14-1G-1:
14-1 G-2:
CHAPTER 1
BUILDING CODES
ARTICLE G. FUEL GAS CODE
Fuel Gas Code Adopted
Fuel Gas Code Amendments
14-1G-1: FUEL GAS CODE ADOPTED: Except as hereinafter added
to, deleted, modified or amended, there is hereby adopted by
reference as the fuel gas code of the city that certain fuel gas code known
as the international fuel gas code, 2012 edition, as prepared and edited by
the International Code Council (ICC), and the provisions of such fuel gas
code shall be controlling for the installation, maintenance and use of fuel
gas piping systems, fuel gas utilization equipment, gaseous hydrogen
systems and related accessories within the corporate limits of the city and
shall be known as the Dubuque fuel gas code. A copy of the international
fuel gas code, 2012 edition, as adopted, shall be on file in the office of the
city clerk for public inspection. (Ord. 39-13, 7-15-2013)
14-1G-2: FUEL GAS CODE AMENDMENTS:
Section 406.4.1 Test Pressure and 406.4.2 Test Duration shall be deleted
and replaced with the following:
The test pressure to be used shall be 15 psi for 15 minutes with a 30
psi gauge maximum pound increments on all natural and LP fuel gas
piping systems of 2 psi or Tess. For fuel piping systems greater than
2 psi the test pressure shall be 50 psi for 30 minutes with a 100 psi
gauge maximum 2 pound increments.
(Ord. 39-13, 7-15-2013)
November 2013
City of Dubuque
14-1H-1 14-1H-2
SECTION:
14-1H-1:
14-1H-2:
14-1 H-3:
14-1H-4:
14-1H-5:
14-1H-6:
14-1H-7:
CHAPTER 1
BUILDING CODES
ARTICLE H. PLUMBING CODE
International Plumbing Code Adopted
International Plumbing Code Amendments
Licensure And Certification
Backflow Prevention Requirements For New Residential
Construction
Backflow Prevention Requirements For Existing Water
Services
Inspection Fees
Plumbing Code Board
14-1H-1: INTERNATIONAL PLUMBING CODE ADOPTED: Except as
hereinafter added to, deleted, modified or amended, there is
hereby adopted by reference as the plumbing code of the city that certain
plumbing code known as the international plumbing code, 2012 edition,
published by the International Code Council, 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 with-
in the corporate limits of the city and shall be known as the Dubuque
plumbing code. A copy of the international plumbing code, 2012 edition, as
adopted, shall be on file in the office of the city clerk for public inspection.
(Ord. 39-13, 7-15-2013)
14-1 H-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. 103.3. Deputies.
In accordance with prescribed procedures and with the approval of
the city manager, the building official may appoint such number of
December 2015
City of Dubuque
14-1H-2 14-1H-2
assistants, inspectors, and other employees as shall be authorized
from time to time.
Sec. 103.4. Liability.
The building official or authorized representative charged with the
enforcement of this code, acting in good faith and without malice in
the discharge of his or her duties, shall not thereby be rendered
liable for any damage that may accrue to persons or property as a
result of any act or by reason of any act or omission in the discharge
of his or her duties. A suit brought against the building official or
authorized representative because of such act or omission per-
formed by him or her in the enforcement of any provision of this
code shall be defended by legal counsel provided by this jurisdiction
until final termination of such proceedings.
Sec. 104.1. Administrative Authority.
The administrative authority shall be the building official who is duly
appointed to enforce this code.
Sec. 104.5. Right Of Entry.
Whenever it is necessary to make an inspection to enforce the
provisions of this code, or whenever the building official or the
building official's authorized representative has reasonable cause to
believe that there exists in any building or upon any premises any
condition or violations of this code which make the building or
premises unsafe, insanitary, dangerous, or hazardous, the building
official or the building official's authorized representative may enter
the building or premises at all reasonable times to inspect or to
perform the duties imposed upon the building official by this code,
provided that if such building or premises be occupied, the building
official shall present his or her credentials to the occupant and
request entry. If such building or premises is unoccupied, the build-
ing official shall first make a reasonable effort to locate the owner or
other person having charge or control of the building or premises
and request entry. If entry is refused the building official or the
building official's authorized representative, the building official shall
have recourse to every remedy provided by law to secure entry.
When the building official or the building official's authorized repre-
sentative shall have first obtained a proper inspection warrant or
other remedy provided by law to secure entry, no owner or occupant
or person having charge, care, or control of any building or
December 2015
City of Dubuque
14-1H-2 14-1H-2
premises shall fail or neglect, after proper request is made as herein
provided, to promptly permit entry therein by the building official or
the building official's authorized representative for the purpose of
inspection and examination pursuant to this code.
Sec. 105. Brazing And Welding.
Brazing and welding shall conform to the applicable standards. All
brazing on medical gas systems shall be performed by certified
installers meeting the requirements of the plumbing board.
Sec. 106.1. Permits Required.
It shall be unlawful for any person, firm, or corporation to make any
installation, alteration, repair, replacement, or remodel any plumbing
system regulated by this code except as permitted in subsection (b)
of this section, or cause the same to be done without first obtaining
a separate plumbing permit for each separate building or structure.
Sec. 106.2. Exempt Work.
A plumbing permit shall not be required for the following:
(1) The clearing of stoppages or repairing of Teaks in drains, soil,
waste, or vent pipes; provided, however, that should any concealed
trap, drainpipe, soil, waste, or vent pipe be removed and replaced
with new material, the same shall be considered as new work and a
permit shall be procured and inspection made.
(2) The clearing of stoppages or repairing of leaks in piping and/or
valves when such repairs do not involve or require the replacement
or rearrangement of piping and/or valves.
(3) The replacement of inoperable, broken, or damaged fixtures,
faucets, or tanks; provided, however, that replacement items meet
the requirements of the Dubuque plumbing code.
Sec. 106.6. Permit Fees.
The fees for each permit shall be as set forth by the city council.
Sec. 106.6.1. Investigation Fees; Work Without A Permit.
(1) Investigation. Whenever any work for which a permit is required
by this code has been commenced without first obtaining said
November 2013
City of Dubuque
14-1H-2 14-1H-2
permit, a special investigation shall be made before a permit may be
issued for such work.
(2) Fee. An investigation fee, in addition to the permit fee, shall be
collected whether or not a permit is then or subsequently issued.
The investigation fee shall be equal to the amount of the permit fee
that would be required by this code if a permit were to be issued.
The payment of such investigation fee shall not exempt any person
from compliance with all other provisions of this code nor from any
penalty prescribed by law.
Sec. 106.6.3. Fee Refunds.
(1) The building official may authorize the refunding of any fee paid
hereunder which was erroneously paid or collected.
(2) The building 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 building official may authorize the refunding of not more than
eighty (80) percent of the plan review fee paid when an application
for a permit for which a plan review fee has been paid is withdrawn
or cancelled before any plan review effort has been expended.
Sec. 107.1. Testing Of Plumbing Work.
(a) Inspections.
(1) Scope. All new plumbing work and such portions of existing
systems as may be affected by new work, or any changes, shall be
inspected by the building official or a duly authorized representative
as required in this code.
(2) Responsibility. It shall be the duty of the holder of a permit to
make sure that the work will stand the test prescribed before notify-
ing the building official that said work is ready for inspection.
(3) Test. Tests shall be conducted in the presence of the building
official or a duly authorized representative.
(4) Retesting. If the building official finds that the work will not pass
the required test, necessary corrections shall be made and the work
shall then be resubmitted for test or inspection.
November 2013
City of Dubuque
14-1 H-2
14-1H-2
(b) Testing.
(1) Responsibility. The equipment, material, and labor necessary for
inspection or tests shall be furnished by the person to whom the
permit is issued or by whom inspection is requested.
(2) Media. The piping of the plumbing, drainage, and venting
systems shall be tested with water or air. The building official may
require the removal of any cleanouts, etc., to ascertain if the
pressure has reached all parts of the system. After the plumbing
fixtures have been set and their traps filled with water, they shall be
submitted to a final test.
(3) Water Test. The water test shall be applied to the drainage and
vent system either in its entirety or in sections. If applied to the
entire system, all openings in the piping system shall be tightly
closed, except the highest opening, and the system filled with water
to the point of overflow. If the system is tested in sections, each
opening shall be tightly plugged except the highest opening of the
section under test, and each section shall be filled with water, but no
section shall be tested with less than a ten -foot (3 m) head of water.
In testing successive sections, at least the upper ten (10) feet (3 m)
of the next preceding section shall be tested, so that no joint or pipe
in the building (except the uppermost ten (10) feet (3 m) of the
system) shall have been submitted to a test of less than a ten -foot
(3 m) head of water. The water shall be kept in the system, or in the
portion under test, for at least fifteen (15) minutes before inspection
starts. The system shall then be tight at all points.
(4) Air Test. The air test shall be made by attaching an air
compressor testing apparatus to any suitable opening, and, after
closing all other inlets and outlets to the system, forcing air into the
system until there is a uniform gauge pressure of five (5) pounds per
square inch (34.5 kPa) or sufficient to balance a column of mercury
ten (10) inches (254 mm) in height. The pressure shall be held
without introduction of additional air for a period of at least fifteen
(15) minutes.
(5) Building Sewer Test. The building sewer shall be inspected and
approved by the building official before being concealed. Neither the
building official nor the city shall be liable for expense entailed in the
removal or replacement of material required to permit inspection.
(6) Water Piping. Upon completion of a section or of the entire hot
and cold water supply system, it shall be tested and proved tight
November 2013
City of Dubuque
14-1H-2 14-1H-2
under a water pressure test not less than the working pressure under
which it is to be used. The water used for test shall be obtained from
a potable source of supply. A fifty (50) pounds per square inch
(344.5 kPa) air pressure may be substituted for the water test. In
either method of test, the piping shall withstand the test without
leaking for a period of not less than fifteen (15) minutes.
(7) Defective Systems. An air test shall be used in testing the
sanitary condition of the drainage or plumbing system of any building
premises when there is reason to believe that it has become
defective.
(8) Moved Structures. All parts of the plumbing systems of any build-
ing or structure that is moved into or within the jurisdictional limits of
the city, shall be completely tested as prescribed elsewhere in this
section for new work, except that walls or floors need not be
removed for such test when other equivalent means of inspection
acceptable to the building official are provided.
(9) Test Waived. No test or inspection shall be required where a
plumbing system, or part thereof, is set up for exhibition purposes
and has no connection with a water or drainage system.
(10) Exceptions. In cases where it would be impractical to provide
the aforementioned water or air tests, or for minor installations and
repairs, the building official, at the building official's discretion, may
make such inspection as the building official deems advisable in
order to assure the building official that the work has been performed
in accordance with the intent of this code.
(11) Tests For Shower Receptors. Shower receptors shall be tested
for water tightness by filling with water to the level of the rough
threshold. The test plug shall be so placed that both upper and
under sides of the subpan shall be subjected to the test at the point
where it is clamped to the drain.
(12) Protectively coated pipe inspection and repair shall conform to
section 318.1 of IAMPMO installation standard IS 13, listed in table
A.
Sec. 108.3. Prosecution Of Violation.
If the notice of violation is not complied with promptly, the building
official shall request the city attorney's office to institute the
appropriate proceeding at law or in equity to restrain, correct or
November 2013
City of Dubuque
14-1H-2 14-1H-2
abate such violation, or to require the removal or termination of the
unlawful occupancy of the structure in violation of the provisions of
this code or of the order or direction made pursuant thereto.
Sec. 108.4. Violation And Penalties.
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 commit-
ted, continued, or permitted and upon conviction shall be punishable
as provided in title 1, chapter 4 of the 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.
Sec. 108.7.1. Authority To Condemn Equipment.
Whenever the building official ascertains that any plumbing, or
portion thereof, regulated by this code has become hazardous to life,
health, property, or has become insanitary, the building official shall
order in writing that such plumbing either be removed or restored to
a safe or sanitary condition, as appropriate. The written notice itself
shall fix a time limit for compliance with such order. No person shall
use or maintain defective plumbing after receiving such notice.
When such plumbing is to be disconnected, written notice as
prescribed in section 108.7.2 shall be given. In cases of immediate
danger to life or property, such disconnection may be made imme-
diately without such notice.
Sec. 108.7.2. Authority To Order Disconnection Of Utilities.
The building official or the building official's authorized representa-
tive shall have the authority to order disconnection of any plumbing
supplied to a building, structure, or equipment regulated by this code
when the building official determines that the equipment or any
portion thereof has become hazardous or insanitary. Written notice
of such order to disconnect service and the causes therefor shall be
given within twenty-four (24) hours to the owner and occupant of
such building, structure, or premises. However, in cases of imme-
diate danger to life or property, such disconnection may be made
immediately without such notice. The building official shall
immediately notify the serving utility in writing of such order to
disconnect.
December 2015
City of Dubuque
14-1H-2 14-1H-2
Sec. 108.7.3. Connection From Order To Disconnect.
No person shall make connections from any energy, fuel, power
supply, or water distribution system nor supply energy, fuel, or water
to any equipment regulated by this code which has been dis-
connected or ordered to be disconnected by the building official or
the use of which has been ordered to be discontinued by the building
official until the building official authorizes the reconnection and use
of such equipment.
When any plumbing is maintained in violation of this code, and in
violation of any notice issued pursuant to the provisions of this
section, the building official may consult with the city attorney's office
to institute any appropriate action to prevent, restrain, correct, or
abate the violation.
(Ord. 39-13, 7-15-2013)
Sec. 109. Means Of Appeal. See section 14-1H-7 of the city code. (Ord.
61-15, 9-21-2015)
Sec. 202. General Definitions.
Accepted Engineering Practice. That which conforms to accepted
principles, tests or standards of nationally recognized technical or
scientific authorities.
Access (To). That which enables a fixture, appliance or equipment to
be reached by ready access or by a means that first requires the
removal or movement of a panel, door or similar obstruction (see
"Ready Access").
Access Cover. A removable plate, usually secured by bolts or
screws, to permit access to a pipe or pipe fitting for the purposes of
inspection, repair or cleaning.
Adapter Fitting. An approved connecting device that suitably and
properly joins or adjusts pipes and fittings which do not otherwise fit
together.
Air Admittance Valve. One-way valve designed to allow air to enter
the plumbing drainage system when negative pressures develop in
the piping system. The device shall close by gravity and seal the
vent terminal at zero differential pressure (no flow conditions) and
under positive internal pressures. The purpose of an air admittance
valve is to provide a method of allowing air to enter the plumbing
December 2015
City of Dubuque
14-1H-2 14-1H-2
drainage system without the use of a vent extended to open air and
to prevent sewer gases from escaping into a building.
Air Break (Drainage System). A piping arrangement in which a drain
from a fixture, appliance or device discharges indirectly into another
fixture, receptacle or interceptor at a point below the flood level rim
and above the trap seal.
Air Gap (Drainage System). The unobstructed vertical distance
through the free atmosphere between the outlet of the waste pipe
and the flood level rim of the receptacle into which the waste pipe is
discharging.
Air Gap (Water Distribution System). The unobstructed vertical
distance through the free atmosphere between the lowest opening
from any pipe or faucet supplying water to a tank, plumbing fixture or
other device and the flood level rim of the receptacle.
Alternative Engineered Design. A plumbing system that performs in
accordance with the intent of chapters 3 through 12 and provides an
equivalent level of performance for the protection of public health,
safety and welfare. The system design is not specifically regulated
by chapters 3 through 12.
Anchors. See "Supports."
December 2015
City of Dubuque
14-1H-2 14-1H-2
Antisiphon. A term applied to valves or mechanical devices that
eliminate siphonage.
Approved. Acceptable to the code official or other authority having
jurisdiction.
Approved Agency. An established and recognized agency approved
by the code official and that is regularly engaged in conducting tests
or furnishing inspection services.
Approved Qualified Welder. A person who specializes in welding of
pipes and holds a valid certificate of competency from a recognized
testing laboratory, based on the requirements of the A.S.M.E. boiler
and pressure vessels code, section IX or as approved by the admin-
istrative authority's testing procedures.
Area Drain. A receptacle designed to collect surface or storm water
from an open area.
Aspirator. A fitting or device supplied with water or other fluid under
positive pressure that passes through an integral orifice or constric-
tion, causing a vacuum. Aspirators are also referred to as suction
apparatus, and are similar in operation to an ejector.
Backflow. Pressure created by any means in the water distribution
system, which by being in excess of the pressure in the water supply
mains causes a potential backflow condition.
Backpressure, Low Head. A pressure less than or equal to
4.33 psi (29.88 kPa) or the pressure exerted by a 10 -foot
(3048 mm) column of water.
Backsiphonage. The backflow of potentially contaminated
water into the potable water system as a result of the pres-
sure in the potable water system falling below atmospheric
pressure of the plumbing fixtures, pools, tanks or vats
connected to the potable water distribution piping.
Backwater Valve. A device or valve installed in the building
drain or sewer pipe where a sewer is subject to backflow, and
which prevents drainage or waste from backing up into a low
level or fixtures and causing a flooding condition.
Drainage. A reversal of flow in the drainage system.
November 2013
City of Dubuque
14-1H-2 14-1H-2
Water Supply System. The flow of water or other liquids,
mixtures or substances into the distribution pipes of a potable
water supply from any source except the intended source.
Backflow Connection. Any arrangement whereby backflow is
possible.
Backflow Preventer. A device or means to prevent backflow.
Ball Cock. See "Fill Valve."
Base Flood Elevation. A reference point, determined in accordance
with the building code, based on the depth or peak elevation of
flooding, including wave height, which has a 1 percent (100 -year
flood) or greater chance of occurring in any given year.
Bathroom Group. A group of fixtures consisting of a water closet,
lavatory, bathtub or shower, including or excluding a bidet, an
emergency floor drain or both. Such fixtures are located together on
the same floor level.
Bedpan Steamer Or Boiler. A fixture utilized for scalding bedpans or
urinals by direct application of steam or boiling water.
Bedpan Washer And Sterilizer. A fixture designed to wash bedpans
and to flush the contents into the sanitary drainage system. Included
are fixtures of this type that provide for disinfecting utensils by
scalding with steam or hot water.
Bedpan Washer Hose. A device supplied with hot and cold water and
located adjacent to a water closet or clinical sink to be utilized for
cleansing bedpans.
Branch. Any part of the piping system except a riser, main or stack.
Branch Interval. A vertical measurement of distance, 8 feet (2438
mm) or more in developed length, between the connections of
horizontal branches to a drainage stack. Measurements are taken
down the stack from the highest horizontal branch connection.
Branch Vent. A vent connecting one or more individual vents with a
vent stack or stack vent.
Building. Any structure occupied or intended for supporting or
sheltering any occupancy.
November 2013
City of Dubuque
14-1H-2 14-1H-2
Building Drain. That part of the lowest piping of a drainage system
that receives the discharge from soil, waste and other drainage pipes
inside and that extends 30 inches (762 mm) in developed length of
pipe beyond the exterior walls of the building and conveys the
drainage to the building sewer.
Combined. A building drain that conveys both sewage and
storm water or other drainage.
Sanitary. A building drain that conveys sewage only.
Storm. A building drain that conveys storm water or other
drainage, but not sewage.
Building Sewer. That part of the drainage system that extends from
the end of the building drain and conveys the discharge to a public
sewer, private sewer, individual sewage disposal system or other
point of disposal.
Combined. A building sewer that conveys both sewage and
storm water or other drainage.
Sanitary. A building sewer that conveys sewage only.
Storm. A building sewer that conveys storm water or other
drainage, but not sewage.
Building Subdrain. That portion of a drainage system that does not
drain by gravity into the building sewer.
Building Trap. A device, fitting or assembly of fittings installed in the
building drain to prevent circulation of air between the drainage
system of the building and the building sewer.
Circuit Vent. A vent that connects to a horizontal drainage branch
and vents two traps to a maximum of eight traps or trapped fixtures
connected into a battery.
Cistern. A small covered tank for storing water for a home or farm.
Generally, this tank stores rainwater to be utilized for purposes other
than in the potable water supply, and such tank is placed under-
ground in most cases.
Cleanout. An access opening in the drainage system utilized for the
removal of obstructions. Types of cleanouts include a removable
plug or cap, and a removable fixture or fixture trap.
November 2013
City of Dubuque
14-1H-2 14-1H-2
Code. These regulations, subsequent amendments thereto, or any
emergency rule or regulation that the administrative authority having
jurisdiction has lawfully adopted.
Code Official. The officer or other designated authority charged with
the administration and enforcement of this code, or a duly authorized
representative.
Combination Fixture. A fixture combining one sink and laundry tray
or a two- or three -compartment sink or laundry tray in one unit.
Combination Waste And Vent System. A specially designed system
of waste piping embodying the horizontal wet venting of one or more
sinks or floor drains by means of a common waste and vent pipe
adequately sized to provide free movement of air above the flow line
of the drain.
Combined Building Drain. See "Building Drain, Combined."
Combined Building Sewer. See "Building Sewer, Combined."
Common Vent. A vent connecting at the junction of two fixture drains
or to a fixture branch and serving as a vent for both fixtures.
Concealed Fouling Surface. Any surface of a plumbing fixture which
is not readily visible and is not scoured or cleansed with each fixture
operation.
Conductor. A pipe inside the building that conveys storm water from
the roof to a storm or combined building drain.
Construction Documents. All of the written, graphic and pictorial
documents prepared or assembled for describing the design, location
and physical characteristics of the elements of the project necessary
for obtaining a building permit. The construction drawings shall be
drawn to an appropriate scale.
Contamination. An impairment of the quality of the potable water that
creates an actual hazard to the public health through poisoning or
through the spread of disease by sewage, industrial fluids or waste.
Critical Level (C -L). An elevation (height) reference point that
determines the minimum height at which a backflow preventer or
vacuum breaker is installed above the flood level rim of the fixture or
receptor served by the device. The critical level is the elevation level
November 2013
City of Dubuque
14-1H-2 14-1H-2
below which there is a potential for backflow to occur. If the critical
level marking is not indicated on the device, the bottom of the device
shall constitute the critical level.
Cross Connection. Any physical connection or arrangement between
two otherwise separate piping systems, one of which contains
potable water and the other either water of unknown or questionable
safety or steam, gas or chemical, whereby there exists the possibility
for flow from one system to the other, with the direction of flow
depending on the pressure differential between the two systems (see
"Backflow").
Dead End. A branch leading from a soil, waste or vent pipe; a
building drain; or a building sewer, and terminating at a developed
length of 2 feet (610 mm) or more by means of a plug, cap or other
closed fitting.
Depth Of Water Seal. The depth of water that would have to be
removed from a full trap before air could pass through the trap.
Design Flood Elevation. The elevation of the "design flood," including
wave height, relative to the datum specified on the community's
legally designated flood hazard map.
Developed Length. The length of a pipeline measured along the
centerline of the pipe and fittings.
Discharge Pipe. A pipe that conveys the discharges from plumbing
fixtures or appliances.
Drain. Any pipe that carries wastewater or water -borne wastes in a
building drainage system.
Drainage Fittings. Type of fitting or fittings utilized in the drainage
system. Drainage fittings are similar to cast-iron fittings, except that
instead of having a bell and spigot, drainage fittings are recessed
and tapped to eliminate ridges on the inside of the installed pipe.
Drainage Fixture Unit.
Drainage (dfu). A measure of the probable discharge into the
drainage system by various types of plumbing fixtures. The
drainage fixture -unit value for a particular fixture depends on
its volume rate of drainage discharge, on the time duration of
November 2013
City of Dubuque
14-1H-2 14-1H-2
a single drainage operation and on the average time between
successive operations.
Drainage System. Piping within a public or private premises that
conveys sewage, rainwater or other liquid wastes to a point of
disposal. A drainage system does not include the mains of a public
sewer system or a private or public sewage treatment or disposal
plant.
Building Gravity. A drainage system that drains by gravity into
the building sewer.
Sanitary. A drainage system that carries sewage and
excludes storm, surface and ground water.
Storm. A drainage system that carries rainwater, surface
water, subsurface water and similar liquid wastes.
Effective Opening. The minimum cross-sectional area at the point of
water supply discharge, measured or expressed in terms of the
diameter of a circle or, if the opening is not circular, the diameter of
a circle of equivalent cross-sectional area. For faucets and similar
fittings, the effective opening shall be measured at the smallest
orifice in the fitting body or in the supply piping to the fitting.
Emergency Floor Drain. A floor drain that does not receive the
discharge of any drain or indirect waste pipe, and that protects
against damage from accidental spills, fixture overflows and leakage.
Essentially Nontoxic Transfer Fluids. Fluids having a Gosselin rating
of 1, including propylene glycol; mineral oil; polydimethylsiloxane;
hydrochlorofluoro-carbon, chlorofluorocarbon and carbon refriger-
ants; and FDA -approved boiler water additives for steam boilers.
Essentially Toxic Transfer Fluids. Soil, waste or gray water and fluids
having a Gosselin rating of 2 or more including ethylene glycol,
hydrocarbon oils, ammonia refrigerants and hydrazine.
Existing Installations. Any plumbing system regulated by this code
that was legally installed prior to the effective date of this code, or
for which a permit to install has been issued.
Faucet. A valve end of a water pipe through which water is drawn
from or held within the pipe.
November 2013
City of Dubuque
14-1 H-2
14-1 H-2
Fill Valve. A water supply valve, opened or dosed by means of a
float or similar device, utilized to supply water to a tank. An
antisiphon fill valve contains an antisiphon device in the form of an
approved air gap or vacuum breaker that is an integral part of the fill
valve unit and that is positioned on the discharge side of the water
supply control valve.
Fixture. See "Plumbing Fixture."
Fixture Branch. A drain serving two or more fixtures that discharges
to another drain or to a stack.
Fixture Drain. The drain from the trap of a fixture to a junction with
any other drain pipe.
Fixture Fitting.
Supply Fitting. A fitting that controls the volume and/or
directional flow of water and is either attached to or
accessible from a fixture, or is used with an open or atmos-
pheric discharge.
Waste Fitting. A combination of components that conveys the
sanitary waste from the outlet of a fixture to the connection to
the sanitary drainage system.
Fixture Supply. The water supply pipe connecting a fixture to a
branch water supply pipe or directly to a main water supply pipe.
Flood Hazard Area. The greater of the following two areas:
1. The area within a flood plain subject to a 1 -percent or
greater chance of flooding in any given year.
2. The area designated as a flood hazard area on a commu-
nity's flood hazard map or as otherwise legally designated.
Flood Level Rim. The edge of the receptacle from which water over-
flows.
Flow Control (Vented). A device installed upstream from the
interceptor having an orifice that controls the rate of flow through the
interceptor and an air intake (vent) downstream from the orifice that
allows air to be drawn into the flow stream.
November 2013
City of Dubuque
14-1H-2 14-1H-2
Flow Pressure. The pressure in the water supply pipe near the
faucet or water outlet while the faucet or water outlet is wide open
and flowing.
Flush Tank. A tank designed with a fill valve and flush valve to flush
the contents of the bowl or usable portion of the fixture.
Flushometer Tank. A device integrated within an air accumulator
vessel that is designed to discharge a predetermined quantity of
water to fixtures for flushing purposes.
Flushometer Valve. A valve attached to a pressurized water supply
pipe and so designed that when activated it opens the line for direct
flow into the fixture at a rate and quantity to operate the fixture
properly, and then gradually closes to reseal fixture traps and avoid
water hammer.
Grease Interceptor. A plumbing appurtenance that is installed in a
sanitary drainage system to intercept oily and greasy wastes from a
wastewater discharge. Such device has the ability to intercept free-
floating fats and oils.
Grease Laden Waste. Effluent discharge that is produced from food
processing, food preparation or other sources where grease, fats
and oils enter automatic dishwater prerinse stations, sinks or other
appurtenances.
Grease Removal Device, Automatic (GRD). A plumbing appurte-
nance that is installed in the sanitary drainage system to intercept
free-floating fats, oils and grease from wastewater discharge. Such a
device operates on a time- or event -controlled basis and has the
ability to remove free-floating fats, oils and grease automatically
without intervention from the user except for maintenance.
Gridded Water Distribution System. A water distribution system
where every water distribution pipe is interconnected so as to
provide two or more paths to each fixture supply pipe.
Hangers. See "Supports."
Horizontal Branch Drain. A drainage branch pipe extending laterally
from a soil or waste stack or building drain, with or without vertical
sections or branches, that receives the discharge from two or more
fixture drains or branches and conducts the discharge to the soil or
waste stack or to the building drain.
November 2013
City of Dubuque
14-1 H-2
14-1H-2
Horizontal Pipe. Any pipe or fitting that makes an angle of Tess than
45 degrees (0.79 rad) with the horizontal.
Hot Water. Water at a temperature greater than or equal to 110°F
(43°C).
House Trap. See "Building Trap."
Indirect Waste Pipe. A waste pipe that does not connect directly with
the drainage system, but that discharges into the drainage system
through an air break or air gap into a trap, fixture, receptor or
interceptor.
Individual Sewage Disposal System. A system for disposal of
domestic sewage by means of a septic tank, cesspool or mechanical
treatment, designed for utilization apart from a public sewer to serve
a single establishment or building.
Individual Vent. A pipe installed to vent a fixture trap and connects
with the vent system above the fixture served or terminates in the
open air.
Individual Water Supply. A water supply that serves one or more
families, and that is not an approved public water supply.
Interceptor. A device designed and installed to separate and retain
for removal, by automatic or manual means, deleterious, hazardous
or undesirable matter from normal wastes, while permitting normal
sewage or wastes to discharge into the drainage system by gravity.
Joint.
Expansion. A loop, return bend or return offset that provides
for the expansion and contraction in a piping system and is
utilized in tall buildings or where there is a rapid change of
temperature, as in power plants, steam rooms and similar
occupancies.
Flexible. Any joint between two pipes that permits one pipe to
be deflected or moved without movement or deflection of the
other pipe.
Mechanical. See "Mechanical Joint."
City of Dubuque
November 2013
14-1H-2 14-1H-2
Slip. A type of joint made by means of a washer or a special
type of packing compound in which one pipe is slipped into
the end of an adjacent pipe.
Lead -Free Pipe And Fittings. Containing not more than 8.0 -percent
lead.
Lead -Free Solder And Flux. Containing not more than 0.2 -percent
lead.
Leader. An exterior drainage pipe for conveying storm water from
roof or gutter drains to an approved means of disposal.
Local Vent Stack. A vertical pipe to which connections are made
from the fixture side of traps and through which vapor or foul air is
removed from the fixture or device utilized on bedpan washers.
Macerating Toilet Systems. An assembly consisting of a water closet
and sump with a macerating pump that is designed to collect, grind
and pump wastes from the water closet and up to two other fixtures
connected to the sump.
Main. The principal pipe artery to which branches are connected.
Manifold. See "Plumbing Appurtenance."
Mechanical Joint. A connection between pipes, fittings, or pipes and
fittings that is not screwed, caulked, threaded, soldered, solvent
cemented, brazed or welded. A joint in which compression is applied
along the centerline of the pieces being joined. In some applications,
the joint is part of a coupling, fitting or adapter.
Medical Gas System. The complete system to convey medical gases
for direct patient application from central supply systems (bulk tanks,
manifolds and medical air compressors), with pressure and operating
controls, alarm warning systems, related components and piping
networks extending to station outlet valves at patient use points.
Medical Vacuum Systems. A system consisting of central -vacuum -
producing equipment with pressure and operating controls, shutoff
valves, alarm -warning systems, gauges and a network of piping
extending to and terminating with suitable station inlets at locations
where patient suction may be required.
November 2013
City of Dubuque
14-1H-2 14-1H-2
Nonpotable Water. Water not safe for drinking, personal or culinary
utilization.
Nuisance. Public nuisance as known in common law or in equity
jurisprudence; whatever is dangerous to human life or detrimental to
health; whatever structure or premises is not sufficiently ventilated,
sewered, drained, cleaned or lighted, with respect to its intended
occupancy; and whatever renders the air, or human food, drink or
water supply unwholesome.
Occupancy. The purpose for which a building or portion thereof is
utilized or occupied.
Offset. A combination of approved bends that makes two changes in
direction bringing one section of the pipe out of line but into a line
parallel with the other section.
Open Air. Outside the structure.
Pipe Welder. A person who specializes in welding of pipes and holds
a valid certificate of competency from a recognized testing
laboratory, based on the requirements of the A.S.M.E. boiler and
pressure vessels code, section IX or as approved by the adminis-
trative authority's testing procedures.
Plumbing. The practice, materials and fixtures utilized in the
installation, maintenance, extension and alteration of all piping,
fixtures, plumbing appliances and plumbing appurtenances, within or
adjacent to any structure, in connection with sanitary drainage or
storm drainage facilities; venting systems; and public or private
water supply systems.
Plumbing Appliance. Anyone of a special class of plumbing fixtures
intended to perform a special function. Included are fixtures having
the operation or control dependent on one or more energized compo-
nents, such as motors, controls, heating elements, or pressure- or
temperature -sensing elements. Such fixtures are manually adjusted
or controlled by the owner or operator, or are operated automatically
through one or more of the following actions: a time cycle, a
temperature range, a pressure range, a measured volume or weight.
Plumbing Appurtenance. A manufactured device, prefabricated
assembly or an on-the-job assembly of component parts that is an
adjunct to the basic piping system and plumbing fixtures. An
November 2013
City of Dubuque
14-1H-2 14-1H-2
appurtenance demands no additional water supply and does not add
any discharge load to a fixture or to the drainage system.
Plumbing Fixture. A receptacle or device that is either permanently
or temporarily connected to the water distribution system of the
premises and demands a supply of water therefrom; discharges
wastewater, liquid -borne waste materials or sewage either directly or
indirectly to the drainage system of the premises; or requires both a
water supply connection and a discharge to the drainage system of
the premises.
Plumbing System. Includes the water supply and distribution pipes;
plumbing fixtures and traps; water -treating or water -using equipment;
soil, waste and vent pipes; and sanitary and storm sewers and build-
ing drains; in addition to their respective connections, devices and
appurtenances within a structure or premises.
Pollution. An impairment of the quality of the potable water to a
degree that does not create a hazard to the public health but that
does adversely and unreasonably affect the aesthetic qualities of
such potable water for domestic use.
Potable Water. Water free from impurities present in amounts suffi-
cient to cause disease or harmful physiological effects and conform-
ing to the bacteriological and chemical quality requirements of the
public health service drinking water standards or the regulations of
the public health authority having jurisdiction.
Private. In the classification of plumbing fixtures, "private" applies to
fixtures in residences and apartments, and to fixtures in nonpublic
toilet rooms of hotels and motels and similar installations in buildings
where the plumbing fixtures are intended for utilization by a family or
an individual.
Public Or Public Utilization. In the classification of plumbing fixtures,
"public" applies to fixtures in general toilet rooms of schools,
gymnasiums, hotels, airports, bus and railroad stations, public
buildings, bars, public comfort stations, office buildings, stadiums,
stores, restaurants and other installations where a number of fixtures
are installed so that their utilization is similarly unrestricted.
Public Water Main. A water supply pipe for public utilization
controlled by public authority.
November 2013
City of Dubuque
14-1H-2 14-1H-2
Quick -Closing Valve. A valve or faucet that closes automatically
when released manually or that is controlled by a mechanical means
for fast -action closing.
Ready Access. That which enables a fixture, appliance or equipment
to be directly reached without requiring the removal or movement of
any panel, door or similar obstruction and without the use of a
portable ladder, step stool or similar device.
Reduced Pressure Principle Backflow Preventer. A backflow preven-
tion device consisting of two independently acting check valves,
internally force -loaded to a normally closed position and separated
by an intermediate chamber (or zone) in which there is an automatic
relief means of venting to the atmosphere, internally loaded to a
normally open position between two tightly closing shutoff valves and
with a means for testing for tightness of the checks and opening of
the relief means.
Registered Design Professional. An individual who is registered or
licensed to practice professional architecture or engineering as
defined by the statutory requirements of the professional registration
laws of the state or jurisdiction in which the project is to be
constructed.
Relief Valve.
Pressure Relief Valve. A pressure -actuated valve held closed
by a spring or other means and designed to relieve pressure
automatically at the pressure at which such valve is set.
Temperature And Pressure Relief (T&P) Valve. A combination
relief valve designed to function as both a temperature relief
and a pressure relief valve.
Temperature Relief Valve. A temperature -actuated valve
designed to discharge automatically at the temperature at
which such valve is set.
Relief Vent. A vent whose primary function is to provide circulation of
air between drainage and vent systems.
Rim. An unobstructed open edge of a fixture.
Riser. See "Water Pipe, Riser."
November 2013
City of Dubuque
14-1H-2 14-1H-2
Roof Drain. A drain installed to receive water collecting on the
surface of a roof and to discharge such water into a leader or a
conductor.
Rough -In. Parts of the plumbing system that are installed prior to the
installation of fixtures. This includes drainage, water supply, vent
piping and the necessary fixture supports and any fixtures that are
built into the structure.
Self -Closing Faucet. A faucet containing a valve that automatically
closes upon deactivation of the opening means.
Separator. See "Interceptor."
Sewage. Any liquid waste containing animal or vegetable matter in
suspension or solution, including liquids containing chemicals in
solution.
Sewage Ejectors. A device for lifting sewage by entraining the
sewage in a high -velocity jet of steam, air or water.
Sewer.
Building Sewer. See "Building Sewer."
Public Sewer. A common sewer directly controlled by public
authority.
Sanitary Sewer. A sewer that carries sewage and excludes
storm, surface and ground water.
Storm Sewer. A sewer that conveys rainwater, surface water,
subsurface water and similar liquid wastes.
Slope. The fall (pitch) of a line of pipe in reference to a horizontal
plane. In drainage, the slope is expressed as the fall in units vertical
per units horizontal (percent) for a length of pipe.
Soil Pipe. A pipe that conveys sewage containing fecal matter to the
building drain or building sewer.
Spillproof Vacuum Breaker. An assembly consisting of one check
valve force -loaded closed and an air -inlet vent valve force -loaded
open to atmosphere, positioned downstream of the check valve, and
November 2013
City of Dubuque
14-1H-2 14-1H-2
located between and including two tightly closing shutoff valves and
a test cock.
Stack. A general term for any vertical line of soil, waste, vent or
inside conductor piping that extends through at least one story with
or without offsets.
Stack Vent. The extension of a soil or waste stack above the highest
horizontal drain connected to the stack.
Stack Venting. A method of venting a fixture or fixtures through the
soil or waste stack.
Sterilizer.
Boiling Type. A boiling -type sterilizer is a fixture of a
nonpressure type utilized for boiling instruments, utensils or
other equipment for disinfection. These devices are portable
or are connected to the plumbing system.
Instrument. A device for the sterilization of various instru-
ments.
Pressure (Autoclave). A pressure vessel fixture designed to
utilize steam under pressure for sterilizing.
Pressure Instrument Washer Sterilizer. A pressure instrument
washer sterilizer is a pressure vessel fixture designed to both
wash and sterilize instruments during the operating cycle of
the fixture.
Utensil. A device for the sterilization of utensils as utilized in
health care services.
Water. A water sterilizer is a device for sterilizing water and
storing sterile water.
Sterilizer Vent. A separate pipe or stack, indirectly connected to the
building drainage system at the lower terminal, that receives the
vapors from nonpressure sterilizers, or the exhaust vapors from
pressure sterilizers, and conducts the vapors directly to the open air.
Also called vapor, steam, atmospheric or exhaust vent.
Storm Drain. See "Drainage System, Storm."
November 2013
City of Dubuque
14-1H-2 14-1H-2
Structure. That which is built or constructed or a portion thereof.
Subsoil Drain. A drain that collects subsurface water or seepage
water and conveys such water to a place of disposal.
Sump. A tank or pit that receives sewage or liquid waste, located
below the normal grade of the gravity system and that must be
emptied by mechanical means.
Sump Pump. An automatic water pump powered by an electric motor
for the removal of drainage, except raw sewage, from a sump, pit or
low point.
Sump Vent. A vent from pneumatic sewage ejectors, or similar
equipment, that terminates separately to the open air.
Supports. Devices for supporting and securing pipe, fixtures and
equipment.
Swimming Pool. Any structure, basin, chamber or tank containing an
artificial body of water for swimming, diving or recreational bathing
having a depth of 2 feet (610 mm) or more at any point.
Tempered Water. Water having a temperature range between 85°F
(29°C) and 110°F (43°C).
Third -Party Certification Agency. An approved agency operating a
product or material certification system that incorporates initial
product testing, assessment and surveillance of a manufacturer's
quality control system.
Third -Party Certified. Certification obtained by the manufacturer
indicating that the function and performance characteristics of a
product or material have been determined by testing and ongoing
surveillance by an approved third -party certification agency.
Assertion of certification is in the form of identification in accordance
with the requirements of the third -party certification agency.
Third -Party Tested. Procedure by which an approved testing
laboratory provides documentation that a product, material or system
conforms to specified requirements.
Trap. A fitting or device that provides a liquid seal to prevent the
emission of sewer gases without materially affecting the flow of
sewage or wastewater through the trap.
November 2013
City of Dubuque
14-1H-2 14-1H-2
Trap Seal. The vertical distance between the weir and the top of the
dip of the trap.
Unstable Ground. Earth that does not provide a uniform bearing for
the barrel of the sewer pipe between the joints at the bottom of the
pipe trench.
Vacuum. Any pressure less than that exerted by the atmosphere.
Vacuum Breaker. A type of backflow preventer installed on openings
subject to normal atmospheric pressure that prevents backflow by
admitting atmospheric pressure through ports to the discharge side
of the device.
Vent Pipe. See "Vent System."
Vent Stack. A vertical vent pipe installed primarily for the purpose of
providing circulation of air to and from any part of the drainage
system.
Vent System. A pipe or pipes installed to provide a flow of air to or
from a drainage system, or to provide a circulation of air within such
system to protect trap seals from siphonage and backpressure.
Vertical Pipe. Any pipe or fitting that makes an angle of 45 degrees
(0.79 rad) or more with the horizontal.
Wall -Hung Water Closet. A wall -mounted water closet installed in
such a way that the fixture does not touch the floor.
Waste. The discharge from any fixture, appliance, area or appurte-
nance that does not contain fecal matter.
Waste Pipe. A pipe that conveys only waste.
Water -Hammer Arrestor. A device utilized to absorb the pressure
surge (water hammer) that occurs when water flow is suddenly
stopped in a water supply system.
Water Heater. Any heating appliance or equipment that heats
potable water and supplies such water to the potable hot water distri-
bution system.
Water Main. A water supply pipe or system of pipes, installed and
maintained by a city, township, county, public utility company or
November 2013
City of Dubuque
14-1H-2 14-1H-2
other public entity, on public property, in the street or in an approved
dedicated easement of public or community use.
Water Outlet. A discharge opening through which water is supplied
to a fixture, into the atmosphere (except into an open tank that is
part of the water supply system), to a boiler or heating system, or to
any devices or equipment requiring water to operate but which are
not part of the plumbing system.
Water Pipe.
Riser. A water supply pipe that extends one full story or more
to convey water to branches or to a group of fixtures.
Water Distribution Pipe. A pipe within the structure or on the
premises that conveys water from the water service pipe, or
from the meter when the meter is at the structure, to the
points of utilization.
Water Service Pipe. The pipe from the water main or other
source of potable water supply, or from the meter when the
meter is at the public right of way, to the water distribution
system of the building served.
Water Supply System. The water service pipe, water distribution
pipes, and the necessary connecting pipes, fittings, control valves
and all appurtenances in or adjacent to the structure or premises.
Well.
Bored. A well constructed by boring a hole in the ground with
an auger and installing a casing.
Drilled. A well constructed by making a hole in the ground
with a drilling machine of any type and installing casing and
screen.
Driven. A well constructed by driving a pipe in the ground.
The drive pipe is usually fitted with a well point and screen.
Dug. A well constructed by excavating a large -diameter shaft
and installing a casing.
Whirlpool Bathtub. A plumbing appliance consisting of a bathtub fix-
ture that is equipped and fitted with a circulating piping system
November 2013
City of Dubuque
14-1H-2 14-1H-2
designed to accept, circulate and discharge bathtub water upon each
use.
Yoke Vent. A pipe connecting upward from a soil or waste stack to a
vent stack for the purpose of preventing pressure changes in the
stacks.
Sec. 605. Use Of Copper Tubing.
(a) Copper tube for underground drainage and vent piping shall be
tempered copper tube type L or type K.
(b) Copper tube for aboveground drainage and vent piping shall be
type L or type K.
(c) Copper tube shall not be used for chemical or industrial wastes
as defined in section 605 of this code.
(d) Copper tube for building supply piping shall be type K to the point
of entrance to a building or structure. Water distribution pipe within a
building or structure shall be type L or type K.
Type M copper tube may be used in detached one- and two-family
dwellings within the structure only when piping is aboveground or
floor slab.
(e) In addition to the required incised marking, all hand drawn copper
tubing shall be marked by means of a continuous and indelibly
colored stripe at least one-quarter inch (6.4 mm) in width as follows:
type K, green; type L, blue; type M, red; type DVW, yellow.
(f) Listed flexible water connectors shall be installed in exposed
locations.
Sec. 605.3. Materials.
(a) 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.
(b) Water distributing piping shall be of brass pipe, copper tube type
L or type K, copper pipe, galvanized wrought iron pipe, galvanized
open-hearth pipe, galvanized steel pipe. Plastic piping for potable
water distribution is prohibited unless approval is given by the
plumbing board or the administrative authority.
November 2013
City of Dubuque
14-1H-2 14-1H-2
Type M copper tube may be used in one- and two-family dwellings
within the structure only when piping is aboveground or floor slab.
(c) All materials used in the water supply system, except valves and
similar devices shall be of a like material, except where otherwise
specifically approved by the building official.
(d) Cast-iron fittings up to and including two (2) inches (50.8 mm) in
size, when used in potable water piping, shall be galvanized.
(e) All malleable iron water fittings shall be galvanized.
(f) Solder shall conform to the requirements of sec. 802(d).
Sec. 609. Cooling Water.
The discharge of water used exclusively as a cooling medium in an
appliance, device, or apparatus to any sanitary sewer is specifically
prohibited.
Exception: Clean running water used exclusively as a cooling
medium in an appliance, device or apparatus may discharge into the
drainage system if the same comes from equipment so designed that
the total rate of discharge from the premises served on such sewer
cannot exceed five (5) gallons per minute.
Sec. 701.5. Damage To Drainage System Or Public Sewer.
Roofs, inner courts, vent shafts, light wells or similar areas having
rain water drain, shall discharge to the outside of the building, to the
gutter, or to a storm drainage system.
The installation of sump pumps, sump pump connections, or gravity
connections which discharge or cause to be discharged, any storm
water, surface water, groundwater, roof runoff, subsurface drainage,
interior and exterior foundation drains, or floor drains used for
collecting storm water to any sanitary sewer is specifically prohibited.
(a) It shall be unlawful for any person to deposit, by any means
whatsoever, into any plumbing fixture, floor drain, interceptor, sump,
receptacle, or device which is connected to any drainage system,
public sewer, or private sewer, any ashes, cinders, solids, rags,
flammable, poisonous, or explosive liquids or gases, oils, grease,
and any other thing whatsoever which would or could cause damage
to the public sewer or private sewer.
November 2013
City of Dubuque
14-1H-2 14-1H-2
(b) No storm water, surface water, ground water, roof runoff,
subsurface drainage, interior or exterior foundation drains or floor
drains used for collecting storm water shall be connected to or
discharged into any drainage system connected to a public or private
sanitary sewer.
(c) No septic tank, seepage pit, or drainfield shall be connected to
any public sewer or to any building sewer leading to such public
sewer.
(d) No commercial food waste grinder shall be connected to a private
sewage disposal system unless permission has first been obtained
from the administrative authority.
(e) An approved type watertight sewage or waste water holding tank,
the contents of which, due to their character, must be periodically
removed and disposed of at some approved offsite location, shall be
installed only when required by the administrative authority or the
health officer to prevent anticipated surface or subsurface contami-
nation or pollution, damage to the public sewer, or other hazardous
or nuisance condition.
Sec. 702. Building Sewer Materials.
(a) The building sewer, beginning 2' from any building or structure
shall be of such materials as approved by the administrative
authority.
(b) Joining methods and materials shall be as prescribed in chapter
7 of this code.
Sec. 702.1. Drainage piping aboveground within buildings shall be of brass
pipe, copper tube type L or type K, cast-iron soil pipe, galvanized steel
pipe, lead pipe, ABS or PVC-DVW schedule 40 plastic pipe, except that:
(1) No galvanized wrought iron or galvanized steel pipe shall be
used underground and shall be kept at least six (6) inches
(152.4 mm) above ground.
(2) No vitrified clay pipe or fittings shall be used above ground,
where pressurized by a pump or ejector, or on the interior of any
building or structure.
November 2013
City of Dubuque
14-1H-2 14-1H-2
Sec. 702.2. Underground Building Sanitary Drainage And Vent Pipe.
(a) Underground building drains shall be of cast-iron soil pipe,
tempered copper tube type L or type K, ABS or PVC-DVW schedule
40 plastic pipe.
(b) Drainage fittings shall be of cast-iron, malleable iron, lead, brass,
copper, ABS or PVC schedule 40, or other approved materials
having a smooth interior waterway of the same diameter as the
piping served and all such fittings shall conform to the type of pipe
used.
(1) Fittings on screwed pipe shall be of the recessed drainage type.
Burred ends shall be reamed to the full bore of the pipe.
(2) The threads of drainage fittings shall be tapped so as to allow
one-fourth inch per foot (20.9 mm/m) grade.
Sec. 703. Size Of Building Sewers.
The minimum size of any building sewer shall be determined on the
basis of the total number of fixture units drained by such sewers, in
accordance with table 11-2. No building sewer shall have a smaller
diameter than four (4) inches or the size of the building drain;
whichever is larger.
Sec. 708. Cleanouts.
(a) Every vent pipe that penetrates the lowest floor level shall be
provided with a cleanout located not less than six (6) nor more than
thirty (30) inches above the lowest floor level.
(b) Each cleanout in piping two (2) inches or less in size shall be so
installed that there is a clearance of not less than twelve (12) inches
in front of the cleanout. Cleanouts in piping larger than two (2)
inches shall have a clearance of not less than eighteen (18) inches
in front of the cleanout. Cleanouts in underfloor piping shall be
extended to or above the finished floor or shall be extended outside
the building when there is less than eighteen (18) inches vertical and
thirty (30) inches horizontal clearance from the means of access to
such cleanout. No underfloor cleanout in any residential occupancy
shall be located more than twenty (20) feet from an access door,
trap door, or crawl hole.
November 2013
City of Dubuque
14-1 H-2
14-1 H-2
(c) Cleanout fittings shall be not Tess in size than those established
by the building official.
(d) Each horizontal drainage pipe shall be provided with a cleanout
at its upper terminal and each run of piping, which is more than one
hundred (100) feet (30.4 m) in total developed length, shall be
provided with a cleanout for each one hundred (100) feet (30.4 m),
or fraction thereof, in length of such piping.
(1) Cleanouts may be omitted on a horizontal drain line less than five
(5) feet (1.5 m) in length unless such line is serving sinks or urinals.
(2) Cleanouts may be omitted on any horizontal drainage pipe
installed on a slope of seventy-two (72) degrees or less from the
vertical angle (angle of one-fifth (1/5) bend).
(3) Excepting the building drain and its horizontal branches, a
cleanout shall not be required on any pipe or piping which is above
the first floor of the building.
(4) An approved type of two-way cleanout fitting, installed inside the
building wall near the connection between the building drain and
building sewer or installed outside of a building at the lower end of a
building drain and extended to grade, may be substituted for an
upper terminal cleanout.
(e) Each vertical drainage pipe which has a double sanitary tee
installed shall be provided with a cleanout within a distance of thirty-
six (36) inches above or below the centerline of the sanitary tee.
(f) Each drainage pipe penetrating the lowest floor level of any
structure shall be provided with a cleanout located not less than six
(6) nor more than thirty (30) inches above the lowest floor level.
(g) An additional cleanout shall be provided in a horizontal line for
each aggregate change of direction exceeding one hundred and
thirty-five (135) degrees.
(h) Each cleanout shall be installed so that it opens in a direction
opposite to the flow of the soil or waste or at right angles thereto
and, except in the case of "wye" branch and end -of -line cleanouts,
shall be installed vertically above the flow line of the pipe.
November 2013
City of Dubuque
14-1H-2 14-1H-2
(i) Each cleanout extension shall be considered as drainage piping
and each ninety (90) degree cleanout extension shall be extended
from a "Y" type fitting or other approved fitting of equivalent sweep.
(j) Each cleanout for an interceptor shall be outside of such
interceptor.
(k) Each cleanout, unless installed under an approved cover plate,
shall be above grade, readily accessible, and so located as to serve
the purpose for which it is intended. Cleanouts located under cover
plates shall be so installed as to provide the clearances and
accessibility required by this section.
(I) Each cleanout in piping two (2) inches or less in size shall be so
installed that there is a clearance of not Tess than twelve (12) inches
in front of the cleanout. Cleanouts in piping larger than two (2)
inches shall have a clearance of not less than eighteen (18) inches
in front of the cleanout. Cleanouts in underfloor piping shall be
extended to or above the finished floor or shall be extended outside
the building when there is less than eighteen (18) inches vertical and
thirty (30) inches horizontal clearance from the means of access to
such cleanout. No underfloor cleanout in any residential occupancy
shall be located more than twenty (20) feet from an access door,
trap door, or crawl hole.
(m) Cleanout fittings shall be not less in size than those established
by the building official.
(n) Cleanouts shall be provided for pressure drainage systems as
classified under section 708.
(o) Countersunk cleanout plugs shall be installed where raised heads
may cause a hazard.
(p) When a hubless blind plug is used for a required cleanout, the
complete coupling and plug shall be accessible for removal or
replacement.
Sec. 712. Drainage Of Fixtures Located Below The Next Upstream Manhole
Or Below The Main Sewer Level.
When subsoil drainage systems are installed, they shall be dis-
charged into an approved sump or receiving tank and shall be
discharged in a manner satisfactory to the administrative authority.
The installation of sump pumps or sump pump connections, which
November 2013
City of Dubuque
14-1 H-2
14-1H-2
discharge or cause to be discharged, any storm water, surface
water, groundwater, roof runoff, subsurface drainage, including
interior and exterior foundation drains, floor drains used for collecting
storm water, uncontaminated cooling water, or unpolluted industrial
process waters, to any sanitary sewer, is specifically prohibited.
Air conditioning water, drip pans, refrigeration water or cooling tower
water may be discharged into a sanitary sewer if the same comes
from equipment so designed that the total rate of discharge from the
premises served on such sewer cannot exceed five (5) gallons per
minute.
Sec. 715.2. Backwater Valves.
Backwater valves shall have bodies of cast iron, brass, or other
approved materials, noncorrosive bearings, seats and self -aligning
discs, and shall be so constructed as to insure a positive mechanical
seal and to remain closed, except when discharging wastes. Such
valves shall remain sufficiently open during periods of low flows to
avoid screening of solids and shall not restrict capacities or cause
excessive turbulence during peak Toads. Unless otherwise listed,
valve access covers shall be bolted type with gasket and each valve
shall bear the manufacturer's name cast into body and cover.
Backwater valves shall be installed so that their working parts will be
accessible for service and repairs.
Sec. 902. Materials.
(a) Vent piping aboveground in buildings shall be of brass pipe,
copper pipe, copper tube, type L or type K, cast-iron soil pipe,
galvanized steel pipe, lead pipe, ABS or PVC-DWV schedule 40
plastic pipe.
(1) No galvanized steel pipe shall be used underground and shall be
kept at least six (6) inches aboveground.
(2) ABS and PVC DWV piping installations shall be limited to struc-
tures not exceeding three (3) floors above grade. For the purpose of
this subsection, the first floor of a building shall be that floor that has
fifty percent (50%) or more of the exterior wall surface area level
with or above finished grade. One (1) additional level that is the first
level and not designed for human habitation and used only for
vehicle parking, storage, or similar use shall be permitted.
November 2013
City of Dubuque
14-1H-2 14-1H-2
(b) Vent piping underground shall be cast-iron soil pipe, copper tube
type L or type K, ABS or DWV schedule 40 plastic pipe.
(c) Vent fittings shall be cast-iron, galvanized malleable iron or
galvanized steel, lead, copper, brass, ABS or PVC schedule 40 or
other approved materials except that no galvanized malleable iron or
galvanized steel fittings shall be used underground and shall be kept
at least six (6) inches aboveground.
(d) Changes in direction of vent piping shall be made by the appro-
priate use of approved fittings and, with the exception of copper
tube, no such pipe shall be strained or bent. Burred ends shall be
reamed to the full bore of the pipe.
Sec. 904. Vent Termination.
(a) Each vent pipe or stack shall extend through its flashing and
shall terminate vertically not Tess than six (6) inches above the roof
nor less than one (1) foot from any vertical surface.
(b) Each vent shall terminate not less than ten (10) feet from, or at
least three (3) feet above any openable window, door, opening, air
intake, or vent shaft, nor less than three (3) feet in every direction
from any lot line; alley and street excepted.
(c) Vent pipes shall be extended separately or combined, of full
required size, not Tess than six (6) inches above the roof or fire wall.
Flagpoling of vents is prohibited except where the roof is used for
purposes other than weather protection. All vents within ten (10) feet
of any part of the roof that is used for such other purposes shall
extend not less than seven (7) feet above such roof and shall be
securely stayed.
(d) Vent pipes for outdoor installations shall extend at least ten (10)
feet above ground and shall be securely supported.
(e) Joints at the roof around vent pipes shall be made watertight by
the use of approved flashings or flashing material.
(f) Frost Or Snow Closure. Where frost or snow closure is likely to
occur in locations having minimum design temperature below 0
degrees F, vent terminals shall be a minimum of three (3) inches in
diameter but in no event smaller than the required vent pipe. The
change in diameter shall be made inside the building at least one (1)
November 2013
City of Dubuque
14-1H-2 14-1H-3
foot below the roof and terminate not less than ten (10) inches above
the roof, or as required by the administrative authority.
(Ord. 39-13, 7-15-2013)
Sec. 1003.3.1. Grease Interceptors And Automatic Grease Removal
Devices Required.
A grease interceptor or automatic grease removal device shall be
required to receive the drainage from fixtures and equipment with
grease laden waste located in food preparation areas, such as in
restaurants, hotel kitchens, hospitals, school kitchens, bars, factory
cafeterias and clubs. Fixtures and equipment shall include pot sinks,
prerinse sinks; soup kettles or similar devices; wok stations; floor
drains or sinks into which kettles are drained and automatic hood
wash units. Grease interceptors and automatic grease removal
devices shall receive waste only from fixtures and equipment that
allow fats, oils or grease to be discharged. Where lack of space or
other constraints prevent the installation or replacement of a grease
interceptor, one or more grease interceptors shall be permitted to be
installed on or above the floor and upstream of an existing grease
interceptor.
Sec. 1003.3.4. Grease Interceptors And Automatic Grease Removal
Devices.
Grease interceptors and automatic grease removal devices shall be
sized in accordance with PDI G101, ASME A112.14.3 appendix A, or
ASME A112.14.4. Grease interceptors and automatic grease removal
devices shall be designed and tested in accordance with PDI G101,
ASME A112.14.3 or ASME A112.14.4. Grease interceptors and auto-
matic grease removal devices shall be installed in accordance with
the manufacturer's instructions and maintained in accordance with
the manufacturer's instructions and the city of Dubuque FOG pro-
gram.
(Ord. 42-14, 7-7-2014)
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.
December 2015
City of Dubuque
14-1H-3 14-1H-7
B. Except as provided in Iowa Code section 105.11, a person shall not
engage in the business of designing, installing, or repairing plumb-
ing, 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 estab-
lished minimum backflow prevention standards for new residential construc-
tion. The city manager shall determine the type of backflow prevention
assembly required for containment based on the degree of hazard as out-
lined in title 13, chapter 1, article D of this code. (Ord. 39-13, 7-15-2013)
14-1 H-5: BACKFLOW PREVENTION REQUIREMENTS FOR EXIST-
ING WATER SERVICES: The requirements for backflow pre-
vention related to existing water services are outlined in title 13, chapter 1,
article D of this code. (Ord. 39-13, 7-15-2013)
14-1H-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)
14-1H-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 proce-
dures.
December 2015
City of Dubuque
14-1H-7 14-1H-7
C. Internal Organization And Rules: The board may adopt rules and
regulations to govern its organizational procedures as may be neces-
sary and which are not in conflict with this code 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. Composition: The board comprises five (5) residents of the city,
appointed by the city council.
2. Age: Residents must be eighteen (18) years of age or older.
3. Special Qualifications:
a. One 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 member must hold a bachelor of science degree in the
area of physical science; and
d. One 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 chair-
person and vice chairperson, each to serve a term of one 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.
December 2015
City of Dubuque
14-1H-7 14-1H-7
J. Meetings:
1. Regular Meetings: The board must meet as necessary.
2. Special Meetings: Special meetings may be called by the chair-
person or at the written request of a majority of the members.
3. Open Meetings: All meetings must be called and held in confor-
mance 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 estab-
lished 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 responsi-
bilities:
1. To determine the suitability of alternate materials and methods of
installation.
2. To provide for reasonable interpretations of the plumbing code.
December 2015
City of Dubuque
14-1H-7 14-1H-7
3. To serve as an appeal body for the decisions of the building offi-
cial.
4. To advise the city council on all plumbing regulations and proce-
dures.
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 dis-
trict court as provided by law.
The board of appeals may reverse or modify a decision of the build-
ing 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 hard-
ship 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. (Ord. 61-15, 9-21-2015)
December 2015
City of Dubuque
14-11-1
SECTION:
14-11-1:
14-11-2:
14-11-3:
14-11-4:
14-11-5:
14-11-6:
14-11-7:
14-11-8:
14-11-9:
14-11-1
CHAPTER 1
BUILDING CODES
ARTICLE I. ACCESSIBILITY CODE FOR
READILY ACHIEVABLE CHANGES
Public Accommodations
Owner Defined; Landlord And Tenant Responsibilities
Removal Of Architectural Barriers If Readily Achievable
General Enforcement
Compliance Agreements
Notices And Orders Of Building Official
Supplemental Membership On Building Code And Advisory
Appeals Board
Licenses And Permits
Responsible Parties
14-11-1: PUBLIC ACCOMMODATIONS: A "place of public accommo-
dation" means a facility whose operations fall within one of
the following categories:
A. An inn, hotel, motel, or other place of lodging, except for an
establishment located within a building that contains not more than
five (5) rooms for rent or hire and that is actually occupied by the
proprietor of such establishment as the residence of such proprietor;
B. A restaurant, bar or other establishment serving food or drink;
C. A motion picture house, theater, concert hall, stadium or other place
of exhibition or entertainment;
D. An auditorium, convention center, lecture hall or other place of public
gathering;
City of Dubuque
14-11-1 14-11-3
E. A bakery, grocery store, clothing store, hardware store, shopping
center or other sales or rental establishment;
F. A Laundromat, dry cleaner, bank, barbershop, beauty shop, travel
service, shoe repair service, funeral parlor, gas station, office of an
accountant or lawyer, pharmacy, insurance office, professional office
of a healthcare provider, hospital or other service establishment;
G. A terminal, depot or other station used for public transportation;
H. A museum, library, gallery or other place of public display or
collection;
I. A park, zoo, amusement park or other place of recreation;
J. A nursery, elementary, secondary, undergraduate, or postgraduate
private school or other place of education;
K. A daycare center, senior citizen center, homeless shelter, food bank,
adoption agency or other social service center establishment; and
L. A gymnasium, health spa, bowling alley, golf course or other place of
exercise or recreation. (Ord. 6-08, 2-4-2008)
14-11-2: OWNER DEFINED; LANDLORD AND TENANT RESPONSI-
BILITIES: For purposes of this article, "owner" shall mean
the owner of a building that is or houses a place of public accommodation,
a landlord who owns property that is or houses a place of public accommo-
dation, and a tenant who owns or operates a place of public accommoda-
tion. (Ord. 6-08, 2-4-2008)
14-11-3: REMOVAL OF ARCHITECTURAL BARRIERS IF READILY
ACHIEVABLE:
A. Removal Required: It shall be a violation of this article for an owner
of a public accommodation to fail to remove architectural barriers,
and communication barriers that are structural in nature, in any
public accommodation, where such removal is readily achievable.
The phrase "readily achievable" shall have the meaning set forth
under the Americans with disabilities act of 1990 (42 USC 12182), as
amended, and any implementing regulations.
City of Dubuque
14-11-3
14-11-6
B. Availability Through Alternative Methods: Where an owner can
demonstrate that the removal of a barrier under subsection A of this
section is not readily achievable, an owner shall nonetheless be
required to make existing facilities available through alternative
methods if such methods are readily achievable. (Ord. 6-08,
2-4-2008)
14-11-4: GENERAL ENFORCEMENT: The building official is
authorized to take such action as may be necessary to
enforce this article. (Ord. 6-08, 2-4-2008)
14-11-5: COMPLIANCE AGREEMENTS: In lieu of or in addition to
any penalty or procedure authorized herein or by law, the
building official and an owner accused of violating this article may enter into
a written agreement providing for the proper and timely abatement of
violations. A compliance agreement may include a description of the
specific action that will be taken to abate violations or to provide greater
accessibility, a compliance timetable, a requirement for performance
security, notice procedures and reporting requirements, liquidated penalties
and other items reasonably related to the proper and timely abatement of
violations. A compliance agreement shall constitute a written contract
between the city and the owner which may be enforced by any appropriate
action at law or in equity, including an action for specific performance or
injunctive relief. A compliance agreement shall run with the land and shall
be recorded. The violation of a compliance agreement shall constitute a
separate violation of this article. A compliance agreement shall not relieve
an owner from the continuing obligation to comply with this article or any
other law or regulation pertaining to accessibility. (Ord. 6-08, 2-4-2008)
14-11-6: NOTICES AND ORDERS OF BUILDING OFFICIAL:
A. Inspection; Barriers Detected: Whenever the building official has
inspected or caused to be inspected any place of public
accommodation and has found and determined that there exist
barriers whose removal is readily achievable, the building official
shall commence proceedings to cause the removal of such barriers.
B. Timely Abatement: The building official shall attempt to reach an
agreement with an owner alleged to have violated this article on a
plan for proper and timely abatement of violations. Such agreement
shall be in writing signed by all of the owners and the building official
City of Dubuque
14-11-6 14-11-6
and shall include a description of the specific action that will be
taken by the owner to abate the alleged violations or to provide
greater accessibility, and a compliance timetable. A failure to abate
the alleged violations in accordance with the timetable shall
constitute a municipal infraction.
C. Contents Of Notice And Order: If the building official and an owner
alleged to be in violation of this article are unable to reach
agreement within thirty (30) days of inspection, for the abatement of
the alleged violations, the building official shall issue a notice and
order directed to all of the owners of the public accommodation. The
notice and order shall include:
1. The street address and a legal description sufficient for
identification of the premises upon which the building is located.
2. A statement that the building official has found that barriers exist
whose removal is readily achievable.
3. A statement of the action required to be taken as determined by
the building official. Such order shall require that all required permits
be secured therefor and the work physically commenced and
completed within such time as the building official shall determine is
reasonable under all of the circumstances, but not to exceed twelve
(12) months from the date of the order.
4. Statements advising: a) that an owner may appeal from the notice
and order or any action of the building official to the building code
and advisory appeals board, provided the appeal is made in writing
as provided in this article and filed with the building official within
thirty (30) days from the date of service of such notice and order;
and b) that failure to appeal will constitute a waiver of all right to an
appeal of the matter. The building code and advisory appeals board
shall follow the appeals and hearing process set forth in sections
14-3-6 and 14-3-7 of this title, except that the board shall be
supplemented with two (2) additional members as described in this
section for purposes of appeals under this article.
D. Service Of Notice And Order: Service of the notice and order shall
be made upon all persons entitled thereto either personally or by
mailing a copy of such notice and order by certified mail, postage
prepaid, return receipt requested, to each such person at such
person's last known address. If no address of any such person is
known to the building official, then a copy of the notice and order
shall be so mailed, addressed to such person, at the address of the
City of Dubuque
14-11-6 14-11-9
building involved in the proceedings, and a summary of the notice
and order shall be published in a newspaper as defined in section
618.3 of the Iowa Code published in and having general circulation
in the city. The failure of any such person to receive such notice
shall not affect the validity of any proceedings taken under this
section. Service by certified mail in the manner herein provided shall
be effective on the date of mailing.
E. Proof Of Service Of Notice And Order: Proof of service of the notice
and order shall be certified to at the time of service by a written
declaration under penalty of perjury executed by the persons
affecting service, declaring the time, date, and manner in which
service was made. The declaration, together with any receipt card
returned in acknowledgment of receipt by certified mail, or affidavit
of publication, shall be affixed to the copy of the notice and order
retained by the building official. (Ord. 6-08, 2-4-2008)
14-11-7: SUPPLEMENTAL MEMBERSHIP ON BUILDING CODE
AND ADVISORY APPEALS BOARD: For purposes of
enforcement of this article, two (2) additional members shall be appointed
by the city council to the building code and advisory appeals board. The two
(2) additional members shall participate only in appeals under this article.
The terms of the two (2) additional members shall be three (3) years. (Ord.
6-08, 2-4-2008)
14-11-8: LICENSES AND PERMITS: In addition to any other remedy
provided herein or otherwise under law, the city manager,
upon providing notice and an opportunity to be heard, may refuse to issue
to an owner any license or permit provided for by ordinance for a failure of
an owner to comply with this article, and may condition, suspend or revoke
any license or permit provided for by ordinance for a failure of an owner to
comply with this article. (Ord. 6-08, 2-4-2008)
14-11-9: RESPONSIBLE PARTIES: Unless otherwise provided by
regulations promulgated under the Americans with disabilities
act, all owners shall be jointly and severally responsible for compliance with
this article. (Ord. 6-08, 2-4-2008)
City of Dubuque
14-1J-1 14-1J-1
SECTION:
14-1J-1:
14-1J-2:
14-1J-3:
14-1J-4:
14-1J-5:
14-1J-6:
CHAPTER 1
BUILDING CODES
ARTICLE J. PROPERTY MAINTENANCE CODE
International Property Maintenance Code Adopted
International Property Maintenance Code Amendments
Rental Licenses
Priority Category
Procedure For Hearing Appeal Of Priority Category Status
Inspection Of Properties Owned By Priority Category
14-1J-1: INTERNATIONAL PROPERTY MAINTENANCE CODE
ADOPTED: That a certain document, copies of which are on
file in the office of the building services department and housing and com-
munity development department, being marked and designated as the inter-
national property maintenance code, 2015 edition, as published by the
International Code Council, be and is hereby adopted as the property
maintenance code of the city of Dubuque, in the state of Iowa for regulating
and governing the conditions and maintenance of all property, buildings and
structures; by providing the standards for supplied utilities and facilities and
other physical things and conditions essential to ensure that structures are
safe, sanitary and fit for occupation and use; and the condemnation of build-
ings 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 property maintenance
code on file in the offices of the building services and housing and commu-
nity development departments 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. 8-16, 4-4-2016, eff. 7-1-2016)
July 2016
City of Dubuque
14-1J-2 14-1J-2
14-1J-2: INTERNATIONAL PROPERTY MAINTENANCE CODE
AMENDMENTS: The following additions, deletions, modifica-
tions, or amendments of the international property maintenance code, 2015
edition, adopted in section 14-1J-1 of this article to read as follows:
Section 101.1. Insert: City of Dubuque.
Section 103.5. Fees. Amended to read:
103.5. Fees. The fees for activities and services performed by
the housing and community development department and
building services department will be established by resolution
of the city council.
Section 104.2. Inspections. Amended to read:
July 2016
104.2. Inspections.
A. The code official shall make all of the required inspections,
or shall accept reports of inspection by approved agencies or
individuals. Reports of such inspections shall be in writing and
be certified by a responsible officer of such approved agency
or by the responsible individual. The code official is author-
ized to engage such expert opinion as deemed necessary to
report upon unusual technical issues that arise, subject to the
approval of the appointing authority.
B. Required Inspections:
1. When requested and approved by the property owner,
manager, licensed real estate professional, or occupant; or
2. When the city manager has reason to believe there is a
violation of the property maintenance code; or
3. When, upon inspection, a violation of the property mainte-
nance code is found, and notice and order to correct is given,
the premises is subject to re -inspection to determine if the
required corrections have been made; or
4. When the premises is located in any area designated by
the city for comprehensive block enforcement of the property
maintenance code; or
City of Dubuque
14-1J-2 14-1J-2
5. Presale And/Or Mortgage Inspection: Whenever a person
requests presale, pre -loan or other housing inspection; or
6. Licensed Rental Units:
a. All rental units are subject to regular inspection and follow
up re -inspection as necessary.
b. Not less than seven (7) calendar days prior to a scheduled
inspection, the city will by regular mail to the license holder
and any known tenants notice of the date and time of a
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.
(1) The license holder may cancel a scheduled inspection
once without payment of a rescheduling fee, provided the city
manager or the city manager's designee is notified of the
cancellation not less than two (2) business days prior to the
scheduled inspection.
Section 106.2. Notice Of Violation. Amended to read:
106.2. Notice Of Violation. The code official shall serve a
notice of violation or order in accordance with section 107.
This section does not impose a duty to initially charge all
municipal infractions upon simple notice of violation.
Section 111.1. Application For Appeal. Amended to read as follows:
111.1. Application For Appeal.
A. Any person directly affected by a decision of the code offi-
cial 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 satis-
fied by other means.
July 2016
City of Dubuque
14-1J-2 14-1J-2
B. There will be two boards for hearing appeals on matters
covered by the property maintenance code.
1. The housing board of appeals will hear appeals related to
matters under the purview of the housing & community devel-
opment department, including but not limited to residential
property and rental housing. The housing board of appeals
will use the property maintenance code provisions for the
handling of appeals.
2. The building code advisory and appeal board will hear
appeals related to matters under the purview of the building
services department including, but not limited to residential,
multi -residential, commercial, and industrial property. The
building code advisory and appeal board will use the provi-
sions of 14-1A-6 of the city of Dubuque code of ordinances
for the handling of appeals.
Section 111.2. Membership Of Board. Amended to read as follows:
111.2. Membership Of Board.
A. The housing board of appeal will be comprised of five (5)
residents of the city appointed by the city council for terms of
three (3) years or until such member's successor is appointed
and qualified. Vacancies must be filled in the same manner as
original appointments. Reasonable efforts should be made to
obtain representation of both tenants and landlords.
B. The building code advisory and appeal board membership
will be in accordance with 14-1A-6 of the city of Dubuque
code of ordinances.
Section 111.2.1. Alternate Members. Deleted.
Section 111.2.5. Compensation Of Members. Deleted.
Section 111.3. Notice Of Meeting. Amended to read:
July 2016
111.3. Notice Of Meeting. The board shall meet upon notice
from the chairman, within sixty (60) days of the filing of an
appeal, or at stated periodic meetings.
City of Dubuque
14-1J-2 14-1J-2
Section 111.4. Open Hearing. Amended to read:
111.4. Open Hearing.
A. Hearings before the board shall be open to the public and
in compliance with the provisions of the Iowa open meetings
law.
B. The appellant, the appellant's representative, the code
official and any person whose interests are affected shall be
given an opportunity to be heard.
Section 111.4.1. Procedure. Amended to read:
111.4.1. Procedure.
A. The board shall adopt and make available to the public
through the secretary procedures under which a hearing will
be conducted. The procedures shall not require compliance
with strict rules of evidence, but shall mandate that only
relevant information be received.
B. A quorum shall consist of a minimum of two-thirds of the
board membership.
C. Members of the board shall attend at least two-thirds (2/3)
of all regularly scheduled and held meetings within a twelve
(12) month period. If any member does not attend such
prescribed number of meetings, it shall constitute grounds for
the board to recommend to the city council that the member
be replaced. The attendance of all members shall be entered
upon the minutes of all meetings.
D. The city manager shall file with the city clerk a copy of the
minutes of each meeting of the board within ten (10) working
days after each such meeting.
E. All administrative, personnel, accounting, budgetary and
procurement policies of the city shall govern the housing
board of appeals in its operations.
F. Removal: Except as provided in subsection 4 of this sec-
tion, the city council may remove any member for good
cause.
July 2016
City of Dubuque
14-1J-2 14-1J-2
Section 111.5. Postponed Hearing. Amended to read:
111.5. Postponed Hearing. Either the city or the appellant
may request a postponement of a hearing subject to the
approval of the code official. In no event may a postponement
exceed ninety (90) days beyond the date of the appeal.
Section 111.6. Board Decision. Amended to read:
111.6. Board Decision. The board may, by majority vote,
affirm, modify or reverse the decision of the code official.
A. Modification Of Deadline. The housing board of appeals
may not approve an extension of a deadline which exceeds
nine (9) months from the date of the notice of violation.
Conditions under which a deadline will be extended must be
in writing and on file in the housing & community development
department.
B. Modification To Allow Variance. Conditions under which a
variance will be granted must be in writing and on file in the
housing & community development department.
Section 111.8. Stays Of Enforcement. Deleted.
Section 112.4. Failure To Comply. Amended to read:
112.4. Failure To Comply. Any person who shall continue any
work after having been served with a stop work order, except
such work as that person is directed to perform to remove a
violation or unsafe condition, shall be liable in accordance
with section 1-4-2 of the city of Dubuque code of ordinances.
Section 202. Definitions. Amended to add definitions for Elevated
Blood Level and Lead Based Paint and modify the definition of
habitable space:
July 2016
Elevated Blood Level: A confirmed concentration of lead in
whole blood of 20 .g/dI (micrograms of lead per deciliter of
whole blood) or greater for a single test; or of 15-19 .g/dI in
two (2) consecutive tests three (3) to four (4) months apart.
Habitable Space: Space in a structure for living, sleeping, or
eating. Bathrooms, toilet rooms, closets, halls, storage or
City of Dubuque
14-1J-2 14-1J-2
utility spaces, and similar areas are not considered habitable
spaces.
Lead Based Paint: A paint surface, whether or not defective,
identified as having a lead content greater than or equal to
one mg/cm2 (milligrams per centimeter squared) as identified
by X-ray fluorescence analyzer; or five tenths percent (0.5%)
by weight; or five thousand (5,000) parts per million (ppm).
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 main-
tained in accordance with title 10, chapter 1 of the city of
Dubuque code of ordinances and the city of Dubuque's stan-
dards for defective sidewalks.
Section 302.4. Weeds. Amended to read:
302.4. Weeds. Premises and exterior property shall be main-
tained 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 a lease agreement, in certain circumstances, with a
tenant for maintenance in which case a tenant will be respon-
sible for complying with section 6-8-2 of the city of Dubuque
code of ordinances. City will provide a lease addendum
documenting the agreement for use by landlords. If a landlord
prefers to use a different form, upon request of the city a
landlord must provide a copy of the written lease agreement
to the code official.
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 304.2. Protective Treatment. Amended to read:
304.2. Protective Treatment. Exterior surfaces, including but
not limited to, doors, door and window frames, cornices,
porches, trim, balconies, decks and fences, shall be main-
tained in good condition. Exterior wood surfaces, other than
decay -resistant woods, shall be protected from the elements
July 2016
City of Dubuque
14-1J-2 14-1J-2
and decay by painting or other protective covering or treat-
ment. Peeling, flaking and chipped paint shall be eliminated
and surfaces repainted. 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 and corrosion.
Oxidation stains and rust shall be removed from exterior
surfaces when oxidation stains or rust compromises the func-
tion of the building component to perform as designed.
Surfaces designed for stabilization by oxidation are exempt
from this requirement.
Section 304.3. Address Identification. Amended to add:
Exception: The fire official may approve nonconforming
address identification.
Section 304.14. Insect Screens. Insert: May 1 to November 1.
Section 304.18.1. Doors. Amended to read:
304.18.1. Doors. Doors providing access to a dwelling unit,
rooming unit or housekeeping unit that is rented, leased or let
shall be equipped with a lock designed to be readily openable
from the side from which egress is to be made without the
need for keys, special knowledge or 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:
July 2016
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
City of Dubuque
14-1J-2 14-1J-2
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 a lease agreement, in certain circumstances, with a
tenant for maintenance in which case a tenant will be respon-
sible for compliance with this provision. City will provide a
lease addendum documenting the agreement for use by land-
lords. If a landlord prefers to use a different form, upon
request of the city a landlord must provide a copy of the
written lease agreement to the code official.
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 dwell-
ing 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 above the
floor, at the inside wall.
July 2016
City of Dubuque
14-1J-2 14-1J-3
Section 605.2. Receptacles. Amended to add:
Exception: In lieu of every habitable space in a dwelling con-
taining two separate and remote receptacle outlets, one
receptacle and a separate permanently installed light fixture is
allowable.
Appendix A: Deleted.
(Ord. 8-16, 4-4-2016, eff. 7-1-2016)
14-1J-3: RENTAL LICENSES:
A. Rental License Required: No property owner, manager, or licensed
real estate professional may let to another for rent and/or occupancy
any dwelling, dwelling unit, housekeeping unit, rooming house, room-
ing 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 license issued by the
city manager in the name of the property owner, manager, or
licensed real estate professional for the specific rental unit.
B. Application Requirements: Completion of a rental license application
must be made by the property owner, manager, or licensed real
estate professional and must include, but not be limited to, the
following information:
1. Address of the rental unit(s), including correct unit identifications.
2. Number and type of rental units in the structure.
3. Owner's name and contact information, including:
a. Mailing address.
b. Telephone number during normal business hours.
c. Telephone number in the event of an emergency.
d. E-mail address, if available.
4. If the property owner has retained a property manager the prop-
erty owner must provide the following information:
a. Property manager's name.
July 2016
City of Dubuque
14-1J-3 14-1J-3
b. Property manager's mailing address.
c. Property manager's telephone number during normal business
hours.
d. Property manager's telephone number in the event of an
emergency.
e. Property manager's e-mail address, if applicable.
f. A statement that the property manager or real estate profes-
sional has the same authority and responsibility as the property
owner for maintaining the rental unit(s).
5. The property owner, manager, or licensed real estate professional
must designate a responsible agent to represent the property owner,
manager, or licensed real estate professional whenever the property
owner, manager, or licensed real estate professional is not available
for maintenance of the dwelling for which a license is sought. The
agent must have the same authority and responsibility as the prop-
erty owner for maintaining the rental unit(s).
C. Duty To Report Changes: The property owner or registered manager
or real estate professional is responsible to inform the city of any
subsequent changes to any information on the rental license applica-
tion which has changed at the time of such changes, and at any time
changes occur after the initial registration.
D. Rental License Fees: The city council, by resolution, establishes a
fee schedule to defray the costs of inspections, enforcement, and
administration of the provisions of this code.
E. Rental License Term:
1. Rental licenses will be issued for a term of one year. A rental
license issued during the course of the year will be put on the
standard cycle for rental license expiration which may result in a
prorated rental license term of less than one year.
2. If a property owner, manager, or licensed real estate professional
is designated a priority category under section 14-1J-4 of this article,
the city manager may reduce the term of the rental license from an
annual license to a quarterly license until such time as the priority
category has gone twelve (12) consecutive months without a viola-
tion which would qualify the individual for priority category status.
July 2016
City of Dubuque
14-1J-3 14-1J-3
F. Annual License Renewal:
1. Rental licenses must be renewed annually, upon notice issued by
the city manager to the property owner or registered manager or
licensed real estate professional holding the rental license(s).
2. Application for renewal of a rental license may be made within
sixty (60) days prior to the expiration of an existing rental license.
3. Application for renewal of rental licenses will be sent at the
beginning of each calendar year and must be remitted within sixty
(60) days.
G. Renewal Fees Due: Renewal fees will be invoiced at the beginning
of each calendar year and must be remitted within sixty (60) days.
Failure to pay required fees is a violation of this code and may result
in monetary penalties, license suspension, license revocation, issu-
ance of a notice to vacate to tenants, and/or issuance of municipal
infractions.
H. Rental License Not Transferable: Rental licenses are not transfera-
ble from one property to another. Rental licenses are not transferra-
ble from one owner to another in the event of property sale. It is the
responsibility of the property owner, manager, or licensed real estate
professional holding a rental license to provide the city manager
written notice, within five (5) working days, of transferring or
otherwise disposing of ownership or control of the property. The
notice must include the available information on the buyer. It is the
responsibility of the property buyer to license the property in his/her
name or company name.
Conditions Of Rental Licenses: The city manager is hereby author-
ized to issue and renew a rental license in the name of the applicant
property owner, manager, or licensed real estate professional, pro-
vided the following criteria are met:
1. Property Maintenance Code Warranty: The rental unit is warranted
by the property owner, manager, or licensed real estate professional
to substantially comply with the property maintenance code.
2. Fees: All fees required pursuant to the issuance of a rental license
are paid in full to the city.
July 2016
City of Dubuque
14-2-3 14-2-4
vided, that a fee is paid for each renewal in the same amount as the
original demolition permit fee.
4. Every permit for the use of streets or public property shall expire
on the last day for which the permit was issued, as described on
said permit, and shall be renewed upon the payment of an additional
fee to the building department, as established by the city manager.
Failure to renew the permit for the use of streets or public property
shall be considered as due cause for the city manager to order all
barricades or fences removed and the public property returned to
public availability and use.
D. Suspension Or Revocation: The city manager may, in writing, sus-
pend or revoke a permit issued under the provisions of this chapter
whenever the permit is issued in error, on the basis of incorrect
information supplied, failure to comply with permit conditions, or in
violation of any ordinance. (Ord. 21-10, 3-15-2010)
E. Conditions Of Permit: The permit shall outline the conditions under
which the permit was issued and may include, but is not limited to:
1. Storage requirements; permit issuance through day one hundred
seventy nine (179): Storage of construction materials must comply
with all city ordinances.
2. Storage requirements; day one hundred eighty (180) and beyond:
The permit will contain requirements for the storage of construction
materials and maintenance of the site. The conditions will continue
upon a renewal/extension of a building permit until such time as the
project is complete. The city manager may require additional storage
and maintenance requirements upon the issuance of a renewal
and/or extension of a building permit. (Ord. 61-12, 11-19-2012)
14-2-4: MORATORIUM FOR CONSTRUCTION OR OTHER WORK
ON CERTAIN STREETS, AREAS OR FACILITIES:
A. Southwest Arterial Corridor: The city manager may not issue any
permit for any new construction or substantial enlargement, altera-
tion, repair or remodeling of any structure, building or sign in the
southwest arterial corridor, but not to include demolition, as deline-
ated on drawings on file in the city clerk's office, from the effective
date hereof to July 1, 2016, except where a vested right to the
issuance of such permit accrued prior to the effective date hereof.
September 2015
City of Dubuque
14-2-4 14-2-6
B. East-West Corridor Study Area: The city manager may not issue any
permit for any new construction or substantial enlargement, altera-
tion, repair or remodeling of any structure, building, or sign in the
east -west corridor study area as shown on the map on file in the
office of the city clerk, but not to include demolition or emergency
repairs without the approval of the city council, from the effective
date hereof to August 20, 2016, except where a vested right to the
issuance of such permit accrued prior to the effective date hereof.
C. Highway 20 Corridor Study Area: The city manager may not issue
any permit for any new construction or substantial enlargement,
alteration, repair or remodeling of any structure, building, or sign in
the Highway 20 corridor study area as shown on the map on file in
the office of the city clerk, but not to include demolition or emer-
gency repairs, without the approval of the city council, from the
effective date of August 20, 2016, except where a vested right to the
issuance of such permit accrued prior to the effective date hereof.
(Ord. 46-15, 8-3-2015)
14-2-5: FEES:
A. Generally: A fee for each moving permit, demolition permit, or permit
for the use of streets or public property shall be paid to the city
manager, as established by the city manager.
B. Starting Work Prior To Obtaining Permit: Where the moving of a
building, the demolition of a building or the use of public property for
which a permit is required by this chapter is started prior to obtaining
said permit, the fees above specified shall be doubled, but the pay-
ment of such double fee shall not relieve any person from fully
complying with the requirements of this chapter and the building
code in the execution of the work nor from other fees or penalties.
(Ord. 21-10, 3-15-2010)
14-2-6: SPECIAL PROVISIONS:
A. Transfer Of Permits Prohibited: Each moving permit, demolition
permit or permit for use of public property shall not be transferable
from one building or building site to another building or building site
nor from one person to another.
September 2015
City of Dubuque
14-2-6
14-2-6
B. Moving Buildings:
1. A building being moved shall follow the route prescribed on the
permit by the city manager. The mover shall coordinate the route
with the utility companies.
2. A police escort shall be required for all buildings moved from one
location to another within the jurisdictional limits of the city, or moved
out of or into the jurisdictional limits of the city, utilizing public streets
November 2013
City of Dubuque
14-2-6 14-2-6
or alleys or when, in the opinion of the chief of police, such escort is
necessary to protect the general welfare.
3. The chief of police shall determine the required number of
personnel and vehicles for escort service.
4. The fee established by the city manager shall be paid prior to
issuance of a permit to move a building or structure.
5. The permit applicant shall pay all costs for the trimming of trees
and replacement of natural obstructions or official signs and signals
or other public or private property required to be removed during the
movement of a vehicle and load.
C. Restriction On Moving Permit:
1. No building or structure shall be relocated or moved if the building
or structure is so constructed or in such condition as to be
dangerous or unsafe or if it is infested with pests, is unfit for human
habitation or if it is so deteriorated, dilapidated or defective that
relocation would or could create a safety or health hazard, or cause
a blighted condition in the new neighborhood.
2. All buildings or structures when relocated from outside of the city
into the city shall comply with all ordinances and regulations
applicable to new buildings or structures, including, but not limited
to, building, electrical, mechanical, plumbing, fire, health and zoning
regulations.
3. All residential buildings or structures relocated within the city shall
comply with the uniform code for building conservation and title 6,
chapter 6 of this code.
4. All nonresidential buildings or structures relocated within the city
shall comply with all ordinances and regulations applicable to new
buildings or structures, including, but not limited to, building,
electrical, mechanical, plumbing, fire, health and zoning regulations.
5. All moved buildings or structures shall be completely enclosed
within thirty (30) days after said building or structure is placed on its
new site. All required changes, improvements and modifications shall
be completed and the building or structure made ready for
occupancy or use within one hundred twenty (120) days from the
time the building permit is issued.
June 2010
City of Dubuque
14-2-6 14-2-6
D. Demolition Of Buildings:
1. All pieces, parts, scraps, debris, rubbish and organic material from
a building, structure, or portion of a building in the process of being
demolished shall be cleaned up and removed from the premises at
least once weekly except for streets and public property, which shall
be cleaned daily unless otherwise specified on the permit. Final
cleanup after the building or structure is demolished shall include the
thorough removal of all wood, debris and organic materials, filling of
excavations, cisterns and other depressions with acceptable rubble
or earthen fill, and spreading a tillable layer of topsoil over the entire
lot to a uniform natural grade consistent with the established
adjacent grades.
2. When directed by the city manager, water shall be used to
minimize dust when demolishing structures or under any dust
producing conditions. As ordered by the city manager, buildings shall
be washed down frequently to keep dust at a minimum.
3. When an interior wall is exposed because of demolition of an
adjoining structure, said wall shall be provided with a weather
resistive barrier as required in the Dubuque building code. No such
wall shall be exposed to the weather without the written approval of
the city manager.
4. When a demolition project has been abandoned or is found to be
unsafe, the city manager may order the unsafe conditions corrected,
the building boarded up and the premises barricaded. Upon failure of
the owner or the owner's agent to comply with the order of the city
manager within seven (7) days, the city manager, after notice and
opportunity for hearing, may cause said building or structure to be
demolished, the premises cleaned and suitable drainage grades
established. The cost of such demolition, cleaning and grading shall
be assessed to the property as provided by law. This section shall
also apply to any site from which a building or structure has been
moved.
E. Disconnecting Utility Services: The power in all electric service lines
shall be shut off and all such lines cut or disconnected at or outside
the moving or demolition area before work is started on the site.
Prior to the disconnection of such lines, the permittee or property
owner shall notify the utility company and the city manager and shall
obtain their approval in compliance with applicable codes and
requirements. Exception: If it is necessary to maintain electrical
service during the process of moving or demolition, such service
June 2010
City of Dubuque
14-2-6
14-2-7
shall be temporarily relocated or protected with substantial covering
to the satisfaction of the electric service company and the city
manager, and said relocation shall be in conformance with applicable
codes and requirements. All gas, water, sewer and other service
lines shall be shut off and capped or otherwise controlled at or
outside of the moving or demolition area or curb line before moving
or demolition work is commenced. In each case, the service
company and the city manager shall be notified in advance and their
approval obtained by the permittee or property owner in compliance
with applicable codes and requirements. Exception: If it is necessary
to maintain any water or other lines during the moving or demolition
process, such lines shall be temporarily relocated or protected with
substantial covering to the satisfaction of the utility companies, city
manager and in conformance with applicable codes and require-
ments. (Ord. 21-10, 3-15-2010)
14-2-7: INSURANCE REQUIREMENTS:
A. Insurance Required:
1. Before a permit may be issued for the moving of a building, the
applicant therefor shall have filed a certificate of comprehensive
public liability insurance with coverage limits of not less than one
million dollars ($1,000,000.00) per occurrence and two million dollars
($2,000,000.00) general aggregate.
2. In all other cases where a permit is required by this chapter, a
certificate of comprehensive public liability insurance shall be
provided with coverage limits of not Tess than one million dollars
($1,000,000.00).
3. The permittee shall not commence work under this chapter until
the permittee has obtained all insurance required under this
subsection. Certificates of insurance shall be filed with the city
manager for approval.
4. The permittee shall require subpermittees, if any, not protected
under the permittee's insurance policies to take out and maintain
insurance of the same nature and in the same amounts as required
of the permittee for comprehensive liability insurance. The permittee
shall not allow any subpermittee to commence work until all similar
insurance required for the subpermittee has been so obtained and
approved. (Ord. 21-10, 3-15-2010)
June 2010
City of Dubuque
14-2-8 14-2-8
14-2-8: SPECIAL REQUIREMENTS:
A. Compliance With Regulations Applicable To Moving Buildings: Every
person, firm or corporation obtaining a moving or demolition permit
or a permit for the use of streets or public property shall comply with
and faithfully observe and obey all applicable regulations and
ordinances of the city, now existing or hereafter enacted and all
other applicable laws now existing or hereafter enacted affecting or
relating to the moving of houses, buildings, or other structures upon
or across public property.
B. Payment Of Damages Or Loss To City: Every person, firm or corpo-
ration obtaining a moving or demolition permit or a permit for the use
of streets or public property shall pay all damages or loss to the city,
that may occur from any act or negligence of said person, firm or
corporation, such person's, firm's or corporation's agents or
employees, anyone under such person's, firm's or corporation's
moving of houses, buildings or other structures upon or across
property.
C. Protection Of Work, Space, Materials Or Equipment: Every person,
firm or corporation obtaining a moving or demolition permit or a
permit for the use of streets or public property shall fully protect any
and all work, space, materials or equipment relating to the moving of
buildings or structures upon or across public property undertaken by
principal or under such person's, firm's or corporation's direction or
supervision, or any subpermittee, as a result of such person's, firm's
or corporation's direction or supervision or by any agent or
employee, or by any subpermittee and shall pay any penalties that
may be imposed during the period of any permit now issued or to be
issued during the period of said bond. The certificate of insurance for
moving buildings shall be for a term of one year. (Ord. 21-10,
3-15-2010)
June 2010
City of Dubuque
14-3-1
SECTION:
14-3- 1:
14-3- 2:
14-3- 3:
14-3- 4:
14-3- 5:
14-3- 6:
14-3- 7:
14-3- 8:
14-3- 9:
14-3-10:
14-3-1:
14-3-1
CHAPTER 3
DANGEROUS BUILDINGS
Purpose And Scope
Definitions
Enforcement
Notices And Orders Of Building Official
Repair, Vacation And Demolition
Appeal
Procedure For Conduct Of Hearing Appeals
Enforcement Of Order Of Building Official Or Building Code
And Appeals Board
Performance Of Work Of Repair Or Demolition
Recovery Of Cost Of Repair Or Demolition
PURPOSE AND SCOPE:
A. It is the purpose of this chapter to provide a just, equitable and
practicable method to be cumulative with and in addition to any other
remedy provided by the building code, housing code or otherwise
available at law, whereby buildings or structures which from any
cause endanger the life, limb, health, morals, property, safety or
welfare of the general public or their occupants may be required to
be repaired, vacated or demolished.
B. The provisions of this chapter shall apply to all dangerous buildings,
as herein defined, which are now in existence or which may
hereafter become dangerous in the city.
C. All buildings or structures which are required to be repaired under
the provisions of this chapter shall be subject to the provisions of the
building code. (2007 Code § 11-21)
City of Dubuque
14-3-2 14-3-2
14-3-2: DEFINITIONS: For the purpose of this chapter, certain terms,
phrases, words and their derivatives shall be construed as
specified in either this chapter or as specified in the building code or the
housing code. Where terms are not defined, they shall have their ordinary
accepted meanings within the context in which they are used.
BUILDING CODE:
The international building code promulgated by
the International Code Council, Inc., as adopted
in section 14-1A-1 of this title.
DANGEROUS For the purpose of this chapter, any building or
BUILDING: structure which has any or all of the conditions
or defects hereinafter described shall be
deemed to be a dangerous building; provided,
that such conditions or defects exist to the
extent that the life, health, property or safety of
the public or its occupants are endangered:
A. Whenever any door, aisle, passageway,
stairway or other means of exit is not of
sufficient width or size or is not so arranged as
to provide safe and adequate means of exit in
case of fire or panic.
B. Whenever the walking surface of any aisle,
passageway, stairway or other means of exit is
warped, worn, loose, torn or otherwise unsafe
as to not provide safe and adequate means of
exit in case of fire or panic.
C. Whenever the stress in any materials,
member or portion thereof, due to all dead and
live loads, is more than one and one-half (11/2)
times the working stress or stresses allowed in
the building code for new buildings of similar
structure, purpose or location.
D. Whenever any portion thereof has been
damaged by fire, earthquake, wind, flood or by
any other cause, to such an extent that the
structural strength or stability thereof is
materially less than it was before such
catastrophe and is less than the minimum
requirements of the building code for new
City of Dubuque
14-3-2
14-3-2
buildings of similar structure, purpose or
location.
E. Whenever any portion or member or
appurtenance thereof is likely to fail, or to
become detached or dislodged, or to collapse
and thereby injure persons or damage property.
F. Whenever any portion of a building, or any
member, appurtenance or ornamentation on the
exterior thereof is not of sufficient strength or
stability, or is not so anchored, attached or
fastened in place so as to be capable of
resisting a wind pressure of one-half (72) of that
specified in the building code for new buildings
of similar structure, purpose or location without
exceeding the working stresses permitted in the
building code for such buildings.
G. Whenever any portion thereof has wracked,
warped, buckled or settled to such an extent
that walls or other structural portions have
materially less resistance to winds or
earthquakes than is required in the case of
similar new construction.
H. Whenever the building or structure, or any
portion thereof, because of: 1) dilapidation,
deterioration or decay; 2) faulty construction; 3)
the removal, movement or instability of any
portion of the ground necessary for the purpose
of supporting such building; 4) the deterioration,
decay or inadequacy of its foundation; or 5) any
other cause, is likely to partially or completely
collapse.
I. Whenever, for any reason, the building or
structure, or any portion thereof, is manifestly
unsafe for the purpose for which it is being
used.
J. Whenever the exterior walls or other vertical
structural members list, lean or buckle to such
an extent that a plumb line passing through the
City of Dubuque
14-3-2 14-3-2
center of gravity does not fall inside the middle
one-third (1/3) of the base.
K. Whenever the building or structure, exclusive
of the foundation, shows thirty three percent
(33%) or more damage or deterioration of its
supporting member or members, or fifty percent
(50%) damage or deterioration of its
nonsupporting members, enclosings or outside
walls or coverings.
L. Whenever the building or structure has been
so damaged by fire, wind, earthquake or flood,
or has become so dilapidated or deteriorated as
to become: 1) an attractive nuisance to children;
2) a harbor for vagrants or criminals; or as to 3)
enable persons to resort thereto for the purpose
of committing unlawful acts.
M. Whenever any building or structure has been
constructed, exists or is maintained in violation
of any specific requirement or prohibition
applicable to such building or structure provided
by the building regulations of this city, as
specified in the building code or housing code,
or of any law or ordinance of this state or city
relating to the condition, location or structure of
buildings.
N. Whenever any building or structure which,
whether or not erected in accordance with all
applicable laws and ordinances, has in any
nonsupporting part, member or portion less than
fifty percent (50%), or in any supporting part,
member or portion less than sixty six percent
(66%) of the: 1) strength, 2) fire resisting
qualities or characteristics, or 3) weather
resisting qualities or characteristics required by
law in the case of a newly constructed building
of like area, height and occupancy in the same
location.
0. Whenever a building or structure, used or
intended to be used for dwelling purposes,
because of inadequate maintenance, dilapida-
City of Dubuque
14-3-2 14-3-3
HOUSING CODE:
tion, decay, damage, faulty construction or
arrangement, inadequate light, air or sanitation
facilities, or otherwise, is determined by the
health officer to be unsanitary, unfit for human
habitation or in such a condition that is likely to
cause sickness or disease.
P. Whenever any building or structure, because
of obsolescence, dilapidated condition, deterio-
ration, damage, inadequate exits, lack of
sufficient fire resistive construction, faulty
electric wiring, gas connections or heating
apparatus, or other cause, is determined by the
fire marshal to be a fire hazard.
Q. Whenever any building or structure is in such
condition as to constitute a public nuisance
known to the common law or in equity jurispru-
dence.
R. Whenever any portion of a building or
structure remains on a site after the demolition
or destruction of the building or structure or
whenever any building or structure is
abandoned for a period in excess of six (6)
months so as to constitute such building or
portion thereof an attractive nuisance or hazard
to the public.
The city of Dubuque residential housing code,
as adopted in section 6-6-1 of this code. (2007
Code § 11-22)
14-3-3: ENFORCEMENT:
A. Enforcement Official: The building official is hereby authorized to
enforce the provisions of this chapter.
B. Inspection Authorized; Actions: The health officer, the fire marshal
and the building official are hereby authorized to make such
inspections and to take such actions as may be required to enforce
the provisions of this chapter.
City of Dubuque
14-3-3 14-3-4
C. Right Of Entry For Inspection; Notice To Owner: Whenever
necessary to make an inspection to enforce any of the provisions of
this chapter, or whenever the building official or the building official's
authorized representative has reasonable cause to believe that there
exists in any building or upon any premises any condition or code
violation which makes such building or premises unsafe, dangerous
or hazardous, the building official or the building official's authorized
representative may enter such building or premises at all reasonable
times to inspect the same or to perform any duty imposed upon the
building official by this chapter; provided, that if such building or
premises be occupied, the building official or the building official's
authorized representative shall first present proper credentials and
request entry; and if such building or premises be unoccupied, the
building official or the building official's authorized representative
shall first make reasonable effort to locate the owner or other
persons having charge or control of the building or premises and
request entry. If such entry is refused, the building official or the
building official's authorized representative shall have recourse to
every remedy provided by law to secure entry. "Authorized
representative" shall include the officers named in this section and
their authorized inspection personnel.
D. Declaration Of Nuisance; Abatement: All buildings or portions thereof
which are determined after inspection by the building official to be
dangerous as defined in this chapter are hereby declared to be
public nuisances and shall be abated by repair, rehabilitation,
demolition or removal in accordance with the procedure specified in
this chapter.
E. Unlawful Activities: 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 chapter.
F. Buildings Subject To Inspection: All buildings or structures within the
scope of this chapter and all construction or work for which a permit
is required shall be subject to inspection by the building official in
accordance with and in the manner provided by this chapter and the
building code. (2007 Code § 11-23)
14-3-4: NOTICES AND ORDERS OF BUILDING OFFICIAL:
A. Commencement Of Proceedings: Whenever the building official has
inspected or caused to be inspected any building and has found and
City of Dubuque
14-4-1 14-4-1
CHAPTER 4
LICENSING OF VACANT AND/OR
ABANDONED BUILDINGS
SECTION:
14-4- 1: Definitions
14-4- 2: Vacant And/Or Abandoned Building License
14-4- 3: Registration
14-4- 4: Fees
14-4- 5: Terms Of Licenses
14-4- 6: Inspections
14-4- 7: Renewal Licenses
14-4- 8: Renewal, Penalty For Failure To Renew License
14-4- 9: Revocation, Reinstatement Measures
14-4-10: Relationship Of License To Other Codes
14-4-1: DEFINITIONS: For the purpose of this chapter, certain terms,
phrases, words and their derivatives shall be construed as
specified in either this chapter or as specified in the building code or the
housing code. Where terms are not defined, they shall have their ordinary
accepted meanings within the context in which they are used. Unless other-
wise expressly stated or unless the context clearly indicates a different
intent, the following terms shall, for the purpose of this chapter, have the
following meanings:
ABANDONED Any building or portion thereof which has stood
BUILDING: with an incomplete exterior shell for six (6)
months or longer which meets one or more of
the following criteria:
A. Is unsecured;
B. Is unoccupied; or
C. Is noncompliant with the international prop-
erty maintenance code as adopted by the city.
April 2012
City of Dubuque
14-4-1 14-4-1
BUILDING CODE: The international building code promulgated by
the International Code Council, as adopted in
section 14-1A-1 of this title.
CITY MANAGER: Includes the city manager's designee.
DANGEROUS Any building or structure which has any or all of
BUILDING: the conditions or defects hereinafter described;
provided, that such conditions or defects exist
to the extent that the life, health, property or
safety of the public or the occupants of the
building are endangered:
April 2012
A. Whenever any door, aisle, passageway,
stairway or other means of exit is not of
sufficient width or size or is not so arranged as
to provide safe and adequate means of exit in
case of fire or panic.
B. Whenever the walking surface of any aisle,
passageway, stairway or other means of exit is
warped, worn, loose, torn or otherwise unsafe
as to not provide safe and adequate means of
exit in case of fire or panic.
C. Whenever the stress in any materials,
member or portion thereof, due to all dead and
live Toads, is more than one and one-half (11/2)
times the working stress or stresses allowed in
the building code for new buildings of similar
structure, purpose or location.
D. Whenever any portion thereof has been
damaged by fire, earthquake, wind, flood or by
any other cause, to such an extent that the
structural strength or stability thereof is
materially less than it was before such
catastrophe and is Tess than the minimum
requirements of the building code for new
buildings of similar structure, purpose or
location.
E. Whenever any portion or member or appurte-
nance thereof is likely to fail, or to become
City of Dubuque
14-4-1 14-4-1
detached or dislodged, or to collapse and
thereby injure persons or damage property.
F. Whenever any portion of a building, or any
member, appurtenance or ornamentation on the
exterior thereof is not of sufficient strength or
stability, or is not so anchored, attached or
fastened in place so as to be capable of
resisting a wind pressure of one-half (1/2) of that
specified in the building code for new buildings
of similar structure, purpose or location without
exceeding the working stresses permitted in the
building code for such buildings.
G. Whenever any portion thereof has wracked,
warped, buckled or settled to such an extent
that walls or other structural portions have
materially less resistance to winds or earth-
quakes than is required in the case of similar
new construction.
H. Whenever the building or structure, or any
portion thereof, is likely to partially or
completely collapse because of:
1. Dilapidation, deterioration or decay;
2. Faulty construction;
3. The removal, movement or instability of
any portion of the ground necessary for the
purpose of supporting such building;
4. The deterioration, decay or inadequacy of
its foundation; or
5. Any other cause.
1. Whenever, for any reason, the building or
structure, or any portion thereof, is manifestly
unsafe for the purpose for which it is being
used.
J. Whenever the exterior walls or other vertical
structural members list, lean or buckle to such
April 2012
City of Dubuque
14-4-1 14-4-1
April 2012
an extent that a plumb line passing through the
center of gravity does not fall inside the middle
one-third (1/3) of the base.
K. Whenever the building or structure, exclusive
of the foundation, shows thirty three percent
(33%) or more damage or deterioration of its
supporting member or members, or fifty percent
(50%) damage or deterioration of its non -
supporting members, enclosings or outside
walls or coverings.
L. Whenever the building or structure has been
so damaged by fire, wind, earthquake or flood,
or has become so dilapidated or deteriorated as
to become: 1) an attractive nuisance to children;
2) a harbor for vagrants or criminals; or as to
3) enable persons to resort thereto for the
purpose of committing unlawful acts.
M. Whenever any building or structure has been
constructed, exists or is maintained in violation
of any specific requirement or prohibition appli-
cable to such building or structure provided by
the building regulations of this city, as specified
in the building code or housing code, or of any
law or ordinance of this state or city relating to
the condition, location or structure of buildings.
N. Whenever any building or structure which,
whether or not erected in accordance with all
applicable laws and ordinances, has in any
nonsupporting part, member or portion less than
fifty percent (50%), or in any supporting part,
member or portion Tess than sixty six percent
(66%) of the: 1) strength; 2) fire resisting
qualities or characteristics; or 3) weather
resisting qualities or characteristics required by
law in the case of a newly constructed building
of like area, height and occupancy in the same
location.
0. Whenever a building or structure, used or
intended to be used for dwelling purposes,
because of inadequate maintenance, dilapida-
City of Dubuque
14-4-1 14-4-1
FIRE CODE:
HOUSING CODE:
NUISANCE:
tion, decay, damage, faulty construction or
arrangement, inadequate light, air or sanitation
facilities, or otherwise, is determined by the
health officer to be unsanitary, unfit for human
habitation or in such a condition that is likely to
cause sickness or disease.
P. Whenever any building or structure, because
of obsolescence, dilapidated condition, deterio-
ration, damage, inadequate exits, lack of
sufficient fire resistive construction, faulty
electric wiring, gas connections or heating
apparatus, or other cause, is determined by the
fire marshal to be a fire hazard.
Q. Whenever any building or structure is in such
condition as to constitute a public nuisance
known to the common law or in equity jurispru-
dence.
R. Whenever any portion of a building or struc-
ture remains on a site after the demolition or
destruction of the building or structure or when-
ever any building or structure is abandoned for
a period in excess of six (6) months so as to
constitute such building or portion thereof an
attractive nuisance or hazard to the public.
International fire code, as adopted by chapter 1,
article E of this title.
The city of Dubuque residential housing code,
as adopted in section 6-6-1 of this code.
Each of the following shall be defined as a
"nuisance":
A. Any public nuisance known at common law
or in equity jurisprudence.
B. Any attractive nuisance which may prove
detrimental to persons whether in a building, on
the premises of a building, or upon an unoccu-
pied lot.
City of Dubuque
April 2012
14-4-1 14-4-1
VACANT BUILDING:
April 2012
C. Whatever is dangerous to human life or is a
menace to the public health, welfare or safety
as determined by the city manager.
D. A building that is structurally unsafe,
unsanitary or not provided with adequate safe
egress, or that constitutes a fire hazard, or
otherwise constitutes a hazard by reason of
inadequate maintenance, dilapidation or
obsolescence or abandonment.
E. Uncleanliness to the risk of unhealthiness, as
determined by the city manager.
F. Whatever renders air, food or drink unwhole-
some or detrimental to the health of human
beings, as determined by the city manager.
Any building or portion thereof which has been
unoccupied for a continuous period of time over
twelve (12) months and which meets one or
more of the following criteria:
A. Unsecured;
B. Secured by means other than those used in
the design of the building;
C. Declared a "dangerous building" as defined
in this section;
D. Unfit for occupancy as determined by the city
manager;
E. Noncompliant with the international property
maintenance code;
F. Has housing, building, fire, health or zoning
code violations;
G. Open to vagrants, vandals, children or the
unwary; or
H. Not receiving service by public utilities. (Ord.
44-07, 8-6-2007; amd. Ord. 20-12, 3-5-2012)
City of Dubuque
14-4-2 14-4-4
14-4-2: VACANT AND/OR ABANDONED BUILDING LICENSE: No
person or business shall maintain a vacant or abandoned
building as defined by this chapter, in the city unless such person or
business holds a current unrevoked abandoned or vacant building license,
issued by the city manager, in the name of the owner/operator for the
specific named building. (Ord. 44-07, 8-6-2007)
14-4-3: REGISTRATION:
A. Registration Required: The owner shall register a vacant or
abandoned building with the city manager not later than thirty (30)
calendar days after any building in the city becomes abandoned or
vacant as defined in this chapter. Failure to register an abandoned
or vacant building or providing false information to the city manager
shall be a violation of this chapter.
B. Information: The registration shall include the following information:
1. A description of the premises;
2. The names and addresses of the owner or owners;
3. The names and addresses of all known lien holders and all other
parties with an ownership interest in the building;
4. The name of the agent designated to act on the behalf of an out of
town property owner to accept legal processes and notices, and to
authorize repairs as required; and
5. The period of time the building is expected to remain vacant
and/or a plan and timetable to comply with applicable city codes.
(Ord. 44-07, 8-6-2007)
14-4-4: FEES: The owner of a vacant or abandoned building shall pay
an annual fee reasonably related to the administrative cost of
registering and processing the registration form and the costs of the city in
monitoring and inspecting the property as established by the city manager
and shall be paid in full prior to the issuance of any permits or acceptance
of the registration form for the subject property. (Ord. 44-07, 8-6-2007)
April 2012
City of Dubuque
14-4-5 14-4-7
14-4-5: TERMS OF LICENSES:
A. License Term: Every license issued under this chapter shall expire
on December 31 of the year in which issued and shall become
delinquent on March 31 of the year due.
B. Application For Renewal: Upon application, a license may be
renewed and remain effective for successive periods of one calendar
year unless sooner revoked at any time by the city manager for
noncompliance with any applicable provisions of this code.
C. Transfer: Licenses may be transferred from one person or business
to another, provided notice of the transfer is given in writing within
five (5) working days of the transfer, to the city manager.
D. Nontransferable From Building To Building: Licenses shall not be
transferable from one building to another.
E. Notify City Of Transfer Or Disposal: Every person or business
holding a license shall give notice in writing to the city manager
within five (5) working days after having transferred or otherwise
disposed of the legal control of the licensed building. Such notice
shall include the name and address of the persons or businesses
succeeding to the ownership or control of such licensed building.
(Ord. 44-07, 8-6-2007)
14-4-6: INSPECTIONS: The owner shall allow inspection of the
building by city representatives upon request and shall allow
annual inspection of the interior and exterior of the premises for the
purpose of enforcing and assuring compliance with the provisions of this
chapter and the housing, building and fire codes. (Ord. 44-07, 8-6-2007)
14-4-7: RENEWAL LICENSES: The city manager is hereby
authorized to issue and renew vacant or abandoned building
licenses for specific buildings, in the names of the applicant owners,
operators or managers, provided the following criteria are met:
A. Building In Compliance With Regulations: The building for which the
license is sought is warranted by the owner or operator to substan-
tially comply with applicable provisions of this code.
B. Application By Owner: The owner or operator legally authorized and
responsible for maintenance of the building for which a vacant or
April 2012
City of Dubuque
14-4-7 14-4-10
abandoned building license is sought shall first make application
therefor on an application provided by the city manager.
C. Payment Of Fees: All fees required by this code pursuant to the
issuance of a vacant or abandoned building license are paid in full to
the city.
D. Agent Of Owner/Operator: The applicant shall designate a responsi-
ble agent to represent the owner/operator whenever the said appli-
cant is not available for maintenance of the building for which a
license is sought. Said agent shall have full authority and
responsibility, the same as the owner/operator, for maintaining the
building. (Ord. 44-07, 8-6-2007)
14-4-8: RENEWAL, PENALTY FOR FAILURE TO RENEW
LICENSE: An application for renewal of a vacant or
abandoned building license may be made within sixty (60) days prior to the
expiration of an existing operating license. Application for renewal of vacant
or abandoned building licenses shall be due on January 1. Application may
be made and license fees paid until March 31 without penalty. Each day
that the owner fails to renew such license as required by this chapter shall
constitute a separate violation for which a municipal infraction citation may
be issued. (Ord. 44-07, 8-6-2007)
14-4-9: REVOCATION, REINSTATEMENT MEASURES: If a vacant
or abandoned building license is revoked by the city manager
for noncompliance with any applicable provisions of this code, the owner/
operator of the building shall be given thirty (30) days to comply with the
provisions of this code. Extensions of such thirty (30) day period may be
granted at the discretion of the city manager. Upon expiration of the thirty
(30) day period, or any extension thereof, if the building continues to be
noncompliant, a municipal infraction will be issued. (Ord. 44-07, 8-6-2007)
14-4-10: RELATIONSHIP OF LICENSE TO OTHER CODES: The
issuance of any license for any vacant or abandoned building
shall not in any way signify or imply that the building conforms with the
Iowa state building code or the housing, building, zoning, fire ordinances or
other codes and ordinances adopted by the city. The issuance of a license
shall not relieve the owner or operator of the responsibility for compliance
with said applicable housing, building, zoning, fire or other applicable codes
and ordinances. (Ord. 20-12, 3-5-2012)
April 2012
City of Dubuque
14-9-1
CHAPTER 9
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
14-9-3
14-9-1: DEFINITION: As used in this chapter, a "swimming pool" is
defined as any constructed or prefabricated pool used for
swimming, bathing or wading, over eighteen inches (18") in depth. (2007
Code § 11-41)
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)
City of Dubuque
14-9-4 14-9-6
14-9-4: FENCING REQUIREMENTS:
A. Fence Required: Every person in possession of land upon which is
situated a swimming pool shall, at all times, maintain on the lot or
premises upon which such pool is located and completely surround-
ing such pool, lot or premises, a fence or other structure not less
than five feet (5') in height with no openings therein, other than
doors or gates, larger than six inches (6") in any dimension;
provided, however, that if a picket or similar fence is erected or
maintained, the horizontal dimension of the openings, other than the
gates or doors, shall not exceed four inches (4").
B. Self -Latching Devices On Gates Or Doors: All gates or doors
opening through such enclosure shall be equipped with self-closing
and self -latching devices designed to keep, and capable of keeping,
such gate or door securely closed and latched at all times when not
in actual use. Such self -latching device shall be located not less than
four feet (4') above the underlying ground surface or otherwise made
inaccessible from the outside to small children. Any dwelling or other
building on the premises may be incorporated in and considered as
constituting a portion of the required barrier. Doors or other openings
from any occupied dwelling (as distinguished from a garage) into the
required enclosure need not be equipped with self-closing or self -
latching devices.
C. Fencing And Gates In Place When Pool Full Of Water: All fencing
must be in place with gates when the pool is filled with water. (2007
Code § 11-45)
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
City of Dubuque
14-9-6
14-9-6
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)
City of Dubuque
15-2-10
15-2-10: MEETINGS:
15-2-12
A. Regular Meetings: The commission must meet monthly.
B. Special Meetings: Special meetings may be called by the chair-
person or at the written request of a majority of the commissioners.
C. Open Meetings: All meetings must be called and held in confor-
mance with the Iowa open meetings law.
D. Attendance:
1. In the event a commissioner has been absent for three (3) or
more consecutive meetings of the commission, without being
excused by the chairperson, such absence will be grounds for the
commission to recommend to the city council that the position be
declared vacant and a replacement appointed.
2. Attendance must be entered upon the minutes of all meetings.
E. Minutes: A copy of the minutes of all regular and special meetings of
the commission 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.
F. Quorum: Four (4) commissioners constitute a quorum for the trans-
action of business. The affirmative vote of a majority of the com-
missioners present and voting is necessary for the adoption of any
motion or resolution. (Ord. 62-15, 9-21-2015)
15-2-11: COMPENSATION: Commissioners serve without compensa-
tion, provided that they may receive reimbursement for neces-
sary travel and other expenses while on official commission business within
the limits established in the city administrative policies and budget. (Ord.
62-15, 9-21-2015)
15-2-12: REMOVAL: Except as provided in subsection 15-2-10D1 of
this chapter, the city council may remove any commissioner
for good cause. (Ord. 62-15, 9-21-2015)
December 2015
City of Dubuque
15-2-13 15-2-13
15-2-13: POWERS: The commission has the following powers, duties,
and responsibilities:
A. To provide a leadership role in the planning, coordinating, and
sponsoring of a periodic community planning process;
B. To coordinate and supervise the preparation and maintenance of the
comprehensive plan;
C. To provide input to the city manager in the preparation of the city
manager's recommended multiyear capital improvement program;
D. To make comprehensive studies of the present condition and the
future growth of the city to provide input into the community planning
process and to guide and accomplish a coordinated, consistent, and
harmonious development in accordance with the present and future
needs thereof to the end that the health, safety, morals, order,
convenience, prosperity, and general welfare may be promoted;
E. To make or cause to be made such surveys, studies, maps, plans, or
charts of the city with due regard to its relation to neighboring
territory as may be determined as necessary to carry out the
purposes of the commission;
F. To recommend amendments to all or parts of the comprehensive
plan in response to the community planning process, upon its own
initiative or upon recommendation presented by the zoning advisory
commission, but only after a public hearing;
G. To review proposed urban renewal plans, urban renewal plan
amendments, urban revitalization plans, and urban revitalization plan
amendments for consistency with the comprehensive plan;
H. To undertake public information efforts to enhance public under-
standing of the community planning process generally and the com-
prehensive plan specifically; and
I. To undertake from time to time other specific long range planning
projects which may be referred to the commission by the city council.
(Ord. 62-15, 9-21-2015)
December 2015
City of Dubuque
16-5-14-1 16-5-14-1
Furniture or home furnishing sales.
Furniture upholstery or repair.
Gas station.
General office.
Grocery store.
Hotel.
Housing for the elderly or persons with disabilities.
Indoor amusement center.
Indoor recreation facility.
Indoor restaurant.
Indoor theater.
Laundry, dry cleaner, or Laundromat.
Medical office.
Mortuary or funeral home.
Neighborhood shopping center.
Parking structure.
Pet daycare or grooming.
Photographic studio.
Place of religious exercise or assembly.
Printing or publishing.
Private club.
Public, private or parochial school approved by the state of Iowa
(K — 12).
City of Dubuque
16-5-14-1 16-5-14-2
Railroad or public or quasi -public utility, including substation.
Residential use above the first floor only.
Retail sales or service.
School of private instruction.
Service station.
Shoe repair.
Supermarket.
Tailor or alteration shop.
Tattoo parlor.
Tour home.
Upholstery shop.
Vending or game machine sales or service.
Wholesale sales or distributor. (Ord. 52-09, 10-19-2009)
16-5-14-2: CONDITIONAL USES: The following conditional uses may be
permitted in the C-4 district, subject to the provisions of
section 16-8-5 of this title:
Car wash.
Licensed adult day services.
Licensed childcare center.
Off street parking.
Passenger transfer facility.
Restaurant, drive-in or carryout.
Vehicle body shop.
City of Dubuque
16-5-14-2 16-5-14-6
Vehicle sales or rental.
Vehicle service or repair.
Wind energy conversion system. (Ord. 52-09, 10-19-2009)
16-5-14-3: ACCESSORY USES: The following uses are permitted as
accessory uses as provided in section 16-3-7 of this title:
Any use customarily incidental and subordinate to the principal use it
serves.
Crematorium accessory to a mortuary or funeral home.
Drive -up automated bank teller.
Wind turbine (building mounted). (Ord. 52-09, 10-19-2009)
16-5-14-4: TEMPORARY USES: Temporary uses shall be regulated in
conformance with the provisions of section 16-3-19 of this
title. (Ord. 52-09, 10-19-2009)
16-5-14-5: PARKING: Off street parking is not required. New surface off
street parking Tots are prohibited unless approved by the city
council. Underground and aboveground parking garages are allowed
provided they are an integral part of a new or existing building. (Ord. 52-09,
10-19-2009)
16-5-14-6: SIGNS: Signs shall be regulated in conformance with the
provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009)
(see following page)
City of Dubuque
L)
m
16-5-14-7
BULK REGULATIONS:
16-5-14-7:
Maximum
Height
to
N-
75 ft.
10
to
N-
in
N-
Setbacks
Minimum
Rear2
I
I
I
I
I
Minimum
Side'
I
I
I
I
I
Minimum
Front
I
I
I
I
10 ft.
Maximum Lot
Coverage
(Lot Area)
I
I
I
%09
I
Minimum
Lot
Frontage
I
I
IO
10
I
Minimum Lot
Area
I
20,000 sq. ft.
I
3,500 sq. ft.
I
C-4 Downtown Commercial
Permitted uses:
Residential above first floor
Vehicle sales
All other permitted uses
O
4)
O
7
0
C
O
c
O
0
Licensed adult day services,
licensed childcare center
All other conditional uses
City of Dubuque
16-5-15-1 16-5-15-1
Housing for the elderly or persons with disabilities.
Indoor amusement center.
Indoor recreation facility.
Indoor restaurant.
Indoor theater.
Laundry or dry cleaner.
Medical office or clinic.
Parking structure.
Photographic studio.
Places of religious exercise or assembly.
Printing or publishing.
Private club.
Railroad or public or quasi -public utility, including substation.
Regional shopping center.
Residential use above the first floor only.
Retail sales or service.
School of private instruction.
Service station.
Shoe repair.
Sport arena.
Supermarket.
Tailor or alteration shop.
Tattoo parlor. (Ord. 52-09, 10-19-2009)
City of Dubuque
16-5-15-2 16-5-15-6
16-5-15-2: CONDITIONAL USES: The following conditional uses may be
permitted in the C-5 district, subject to the provisions of
section 16-8-5 of this title:
Licensed adult day services.
Licensed childcare center.
Passenger transfer facility.
Wind energy conversion system. (Ord. 52-09, 10-19-2009)
16-5-15-3: ACCESSORY USES: The following uses are permitted as
accessory uses as provided in section 16-3-7 of this title:
Any use customarily incidental and subordinate to the principal use it
serves.
Drive -up automated bank teller. (Ord. 52-09, 10-19-2009)
16-5-15-4: TEMPORARY USES: The following uses may be permitted as
temporary uses in the C-5 district in conformance with the
provisions of section 16-3-19 of this title:
Any use listed as a permitted use within the district.
Temporary surface parking lot may be allowed as part of a
construction or redevelopment project.
Wind turbine (building mounted). (Ord. 52-09, 10-19-2009)
16-5-15-5: PARKING: Off street parking is not required. New surface off
street parking lots are prohibited unless approved by the city
council. Underground and aboveground parking garages are allowed
provided they are an integral part of a new or existing building. (Ord. 52-09,
10-19-2009)
16-5-15-6: SIGNS: Signs shall be regulated in conformance with the
provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009)
City of Dubuque
16-8-1 16-8-1
utilize a fair and unbiased method of selecting the best qualified
applicants.
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 five (5) years
or until such member's successor is appointed and qualified. The
terms of the cross representative appointees to the airport zoning
board of adjustment must serve a term on the airport zoning board of
adjustment which coincides with their terms on the zoning board of
adjustment.
H. Vacancies: Vacancies must be filled in the same manner as original
appointments.
Officers/Organization: The board must choose annually a chair-
person and vice chairperson, each to serve a term of one year. The
chairperson must appoint a secretary, who need not be a member 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 monthly.
2. Special Meetings: Special meetings may be called by the chair-
person or at the written request of a majority of the members.
3. Open Meetings: All meetings must be called and held in confor-
mance 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.
December 2015
City of Dubuque
16-8-1 16-8-1
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: The concurring vote of three (3) members of the board is
necessary to reverse any order, requirement, decision, or determina-
tion of any such administrative official, or to decide in favor of the
applicant on any matter upon which it is required to pass under any
such ordinance or to effect any variation in such ordinance.
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 estab-
lished 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 responsi-
bilities:
1. To hear and decide appeals where it is alleged there is error in
any order, requirement, decision, or determination made by an
administrative official in the enforcement of Iowa Code chapter 414,
as such may be amended from time to time, or any ordinance
adopted pursuant thereto.
2. To hear and decide special exceptions to the terms of this code
upon which such board is required to pass under such ordinance, in
accordance with the general regulations of the zone in which the
property is located and specific standards contained herein.
3. To hear and decide conditional use permits under the terms of this
code upon which such board is required to pass under such ordi-
nance, in accordance with the general regulations of the zone in
which the property is located and specific standards contained
herein.
4. To authorize upon appeal in specific cases such variance from the
terms of the ordinance as will not be contrary to the public interest,
where owing to special conditions a literal enforcement of the provi-
sions of the ordinance will result in unnecessary hardship, and so
that the spirit of the ordinance must be observed and substantial
justice done.
December 2015
City of Dubuque
16-9-1 16-9-1
advisory commission must coincide with their terms on the airport
zoning advisory commission.
H. Vacancies: Vacancies must be filled in the same manner as original
appointments.
Officers/Organization: The commissioners must choose annually a
chairperson and vice chairperson, each to serve a term of one year.
The chairperson must appoint a secretary, who need not be a mem-
ber of the commission. The commissioners must fill a vacancy
among its officers for the remainder of the officer's unexpired term.
J. Meetings:
1. Regular Meetings: The commission must meet monthly.
2. Special Meetings: Special meetings may be called by the chair-
person or at the written request of a majority of the commissioners.
3. Open Meetings: All meetings must be called and held in confor-
mance with the Iowa open meetings law.
4. Attendance:
a. In the event a commissioner has been absent for three (3) or
more consecutive meetings of the commission, without being
excused by the chairperson, such absence will be grounds for the
commission 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 commission 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: Four (4) commissioners constitute a quorum for the
transaction of business. The affirmative vote of a majority of the
commissioners present and voting is necessary except at least four
(4) affirmative votes shall be required in the case of: a) text amend-
ment to the zoning ordinance; b) a substantial zoning reclassifica-
tion; c) approval, denial, or amendment of a planned district applica-
tion; d) adoption of any plan or report; or e) amendment of a compre-
hensive plan.
September 2015
City of Dubuque
16-9-1 16-9-1
K. Compensation: Commissioners serve without compensation, pro-
vided that they may receive reimbursement for necessary travel and
other expenses while on official commission business within the
limits established in the city administrative policies budget.
L. Removal: Except as provided in subsection J4a of this section, the
city council may remove any commissioner for good cause.
M. Powers: The commission has the following powers, duties, and
responsibilities:
1. To prepare and recommend a zoning ordinance to exercise the
powers conferred by state law. Such zoning ordinance must include
the boundaries of the various zoning districts; the height, number of
stories, and size of buildings and other structures in each district; the
percentage of ground that may be occupied; setback requirements;
the size of yards, courts, and other open space; the density of
population; the location and use of buildings, structures, and land for
trade, industry, commercial, residential, or other purposes; and such
regulations and restrictions necessary to enforce such zoning provi-
sions. To this end the commission must prepare a preliminary zoning
ordinance and hold public hearings thereon and after such hearings
have been held, and submit a final zoning ordinance and its
recommendations to the city council;
2. To recommend to the city council, from time to time, as conditions
require, amendments, supplements, changes, or modifications to the
zoning ordinance but only after a public hearing;
3. To make such surveys, studies, maps, plans, or plats of the whole
or any portion of the city and of any land outside thereof, which in
the opinion of the commission are consistent with the comprehensive
plan and are necessary to carry out the purposes of the commission;
4. To make recommendations to the city council upon plans, plats, or
replats of subdivisions or resubdivisions within the city which show
streets, alleys, or other portions of the same intended to be dedi-
cated for public use;
5. To make recommendations to the long range planning advisory
commission on the preparation and maintenance of the comprehen-
sive plan;
6. To fulfill those duties and responsibilities assigned to a city
planning commission in state law; and
September 2015
City of Dubuque
16-10-6 16-10-7
may grant, in writing, one or more extensions of time, for periods not
to exceed one hundred eighty (180) days each. The extensions must
be requested in writing and justifiable cause for the extension must
be demonstrated. (Ord. 27-14, 3-17-2014; amd. Ord. 40-15,
6-1-2015)
N. The transfer of a determination of no material effect, a certificate of
appropriateness or a certificate of economic nonviability from one
structure, improvement or site to another structure, improvement or
site or from one person to another is prohibited. (Ord. 52-09,
10-19-2009; amd. Ord. 40-15, 6-1-2015)
O. Each determination of no material effect, certificate of appropriate-
ness or certificate of economic nonviability issued under the provi-
sions of this chapter expires and becomes null and void if the work
or activity for which the determination of no material effect,
certificate of appropriateness or certificate of economic nonviability
was issued is not commenced within one year of its issuance. (Ord.
27-14, 3-17-2014; amd. Ord. 40-15, 6-1-2015)
16-10-7: STANDARDS FOR DESIGN REVIEW:
A. The commission considers each design review on the merits of the
individual case, with due deliberation given to each proposed
change(s) and its sympathetic relationship to the specific historic
setting, architectural or historic significance, extent of previous
alteration, use of original materials and quality of design of the
existing structure or site. Commission approval of a particular type of
alteration or activity does not establish a binding precedent for future
commission action, but may constitute an additional factor to be con-
sidered in subsequent design reviews involving the same type of
alteration or activity.
B. The "secretary of interior's standards and guidelines for archaeology
and historic preservation", the "secretary of interior's standards and
guidelines for the treatment of historic properties", codified as 36
CFR 68, as amended, and the "secretary of the interior's standards
for rehabilitation and guidelines for rehabilitating historic buildings",
provide the guidelines by which the commission reviews an applica-
tion for a certificate of appropriateness or certificate of economic
nonviability, and any subsequent revisions of these standards and
guidelines by the secretary of the interior will be adopted by the
commission.
September 2015
City of Dubuque
16-10-7 16-10-8
C. The commission shall also be guided by the "Architectural Guide-
lines For Historic Structures In The Historic Districts Of The City Of
Dubuque, Iowa"; the "Streetscape And Landscape Guidelines For
The Historic Districts Of The City Of Dubuque, Iowa"; and any design
standards specified in the ordinance or amendment designating the
landmark, landmark site or historic district.
D. The commission considers the factors of architectural style, scale,
mass, arrangement, texture, materials, and any other pertinent
factors. The proposed work must be appropriate for and must
restore, preserve, or enhance features of buildings or structures. The
proposed work shall not adversely affect the exterior architectural
features of the building or structure, nor shall the proposed work
adversely affect the character or special historical, architectural or
aesthetic value of the property and its setting. The proposed work
also must conform to such further standards as may be embodied in
the ordinance. (Ord. 28-14, 3-17-2014; amd. Ord. 40-15, 6-1-2015)
16-10-8: CONSERVATION DISTRICTS:
A. Application Of Section: The provisions of this section apply to all
buildings located in whole or in part within the following described
conservation districts: (Ord. 29-14, 3-17-2014; amd. Ord. 40-15,
6-1-2015)
1. 4th Street Neighborhood Conservation District: Beginning at the
intersection of 7th and Bluff Streets, thence southerly along Bluff
Street to its intersection with West 5th Street; thence westerly along
West 5th Street to its intersection with the northerly extension of
Raymond Street; thence southerly along Raymond Street and its
northerly and southerly extensions to its intersection with West 3rd
Street; thence easterly along West 3rd Street to its intersection with
St. Mary's Street; thence southerly along St. Mary's Street to its
intersection with Emmett Street; thence easterly along Emmett Street
to its intersection with Bluff Street; thence southerly along Bluff
Street to its intersection with 1st Street; thence easterly along 1st
Street to its intersection with the alley between Bluff and Locust
Streets; thence northerly along the alley between Bluff and Locust
Streets to its intersection with West 5th Street; thence easterly along
West 5th Street to its intersection with Locust Street; thence
northerly along Locust Street to its intersection with 7th Street;
thence westerly along 7th Street to its intersection with Bluff Street
which is the point of beginning.
September 2015
City of Dubuque
16-13-1 16-13-1
CHAPTER 13
SITE DESIGN STANDARDS
SECTION:
16-13-1: Intent
16-13-2: Applicability
16-13-3: Site Development Requirements
16-13-3- 1: Site Lighting
16-13-3- 2: Utility Locations
16-13-3- 3: Stormwater Management
16-13-3- 4: Parking Structures
16-13-3- 5: Parking Lot Layout
16-13-3- 5-1: Parking Lot Provisions For Bicycle Parking
16-13-3- 5-2: Parking Lot Lighting
16-13-3- 5-3: Standard Parking Space Dimensions
16-13-3- 6: Sidewalks And Walkways
16-13-4: Landscaping And Screening Requirements
16-13-4- 1: Intent
16-13-4- 2: Application And Scope
16-13-4- 3: Landscape Area Requirements
16-13-4- 4: Site Landscaping
16-13-4- 5: Preservation Of Existing Trees
16-13-4- 6: Parking Lot Landscaping
16-13-4- 7: Street Trees
16-13-4- 8: Screening Requirements
16-13-4- 9: Exterior Trash Collection Areas
16-13-4-10: Exterior Storage In Nonresidential Districts
16-13-4-11: Installation, Maintenance And Replacement Of Landscaping
And Screening
16-13-5: Design Standards For Big Box Retail Uses
16-13-6: Design Standards For Retail Commercial Uses And Regional
Shopping Centers
16-13-7: Design Standards For Biofuels Production Facilities
16-13-1: INTENT: These site design standards are established in
order to achieve the following goals:
City of Dubuque
16-13-1 16-13-2
A. Provide standards for the orderly development of the city and the
promotion of quality sustainable development.
B. Implement the goals, objectives and policies of the comprehensive
plan related to quality development and neighborhood compatibility.
C. Maintain and protect the value of property.
D. Maintain a high quality of life without significantly increasing public
or private costs for development or unduly restricting private
enterprise, initiative, or innovation in design.
E. Ensure that the placement of buildings, structures, fences, lighting
and fixtures on each site shall not interfere with traffic circulation,
safety, appropriate use and enjoyment of adjacent properties.
F. Preserve and enhance property values by ensuring that yards, open
spaces, parking lots and public rights of way are designed and
maintained with respect to plants and landscape materials.
G. Ensure that development respects land capabilities and constraints,
minimizes erosion and destruction of natural amenities, and reduces
conflicts between lands and uses. (Ord. 52-09, 10-19-2009)
16-13-2: APPLICABILITY:
A. New Development: Development requiring a site plan under section
16-12-3 of this title on a site that is vacant or substantially cleared
real estate, and not in a special development area, shall comply with
the site design standards set forth herein.
B. Redevelopment: Development requiring a site plan under section
16-12-3 of this title on a site with improved real estate, involving
partial clearance of twenty five percent (25%) or more of the building
area and/or expansion of twenty five percent (25%) or more of the
building area existing at the time of adoption of this title, and not in a
special development area, shall comply with the site design
standards set forth herein.
C. Special Development Areas: Development requiring a site plan under
section 16-12-3 of this title that is in one of the following special
development areas may be subject to design standards or guidelines
in addition to or in lieu of the site design standards set forth herein,
as follows:
City of Dubuque
16-13-2 16-13-2
1. Urban Renewal Districts: These districts have planning and other
criteria that may take precedence over the site design standards set
forth herein.
2. Port Of Dubuque Design Standards: This area has design stan-
dards that may take precedence over the site design standards set
forth herein.
3. Planned Unit Development (PUD) Districts: These districts may
have site development and performance standards that may take
precedence over the site design standards set forth herein.
4. Historic Districts: Historic districts, as regulated by chapter 10 of
this title, have design guidelines that may take precedence over the
site design standards set forth herein.
5. Old Town Neighborhood Overlay District: This overlay district has
design guidelines that may take precedence over the site design
standards set forth herein.
6. Downtown Design Guidelines: These guidelines apply to the
designated downtown area in accordance with city policy, and may
take precedence over the site design standards set forth herein.
D. Waiver From Site Design Standards: The zoning advisory commis-
sion shall have the power to grant such waivers from the site design
standards of this chapter, as may be reasonable and within the
general purpose and intent of the site plan review and approval
provisions of this chapter if the literal enforcement of one or more
provisions of this chapter is impracticable or will exact an undue
hardship because of peculiar conditions pertaining to the land in
question. The affirmative vote of at least four (4) commissioners
shall be necessary to grant a waiver. The waiver may be granted
subject to such conditions as the commission may establish to
ensure the general purpose and intent of the provisions of this
chapter are followed. At the commission meeting, the applicant and
all other interested parties shall be presented a reasonable
opportunity to present their views. Decisions of the zoning advisory
commission may be appealed to the zoning board of adjustment in
the same manner as appeals from a decision of an administrative
officer. (Ord. 52-09, 10-19-2009)
E. Moratorium For Site Plans In The Southwest Arterial Corridor: The
city planner may not issue conditional or final approval for any site
plan filed for property in the southwest arterial corridor that lies
September 2015
City of Dubuque
16-13-2 16-13-3-1
within the corporate limits of the city of Dubuque, as delineated on
drawings on file in the city clerk's office, from the effective date
hereof to July 1, 2016, except where a vested right to the issuance
of such approval accrued prior to the effective date hereof. (Ord.
47-15, 8-3-2015)
Notwithstanding the foregoing, the city council may approve a
proposed site plan upon a determination that the proposed site plan
will not negatively impact the acquisition of right of way along the
preferred alignment of the southwest arterial corridor. The city
council shall also consider any recommendation from the southwest
arterial technical committee regarding potential negative impacts, if
any, that would result from approval of the proposed site plan and
subsequent development of the parcels. (Ord. 7-11, 1-18-2011)
16-13-3: SITE DEVELOPMENT REQUIREMENTS:
16-13-3-1: SITE LIGHTING:
A. The following site features shall be illuminated by an exterior light
source:
1. Driveways and loading facilities; and
2. Pedestrian walkway surfaces and entrances to buildings.
B. The location and design of site lighting shall conform to the
following:
1. All exterior lighting shall be designed, installed and maintained so
as not to cause glare or to shine in adjacent lots and streets;
2. No light sources shall provide illumination onto adjacent lots,
buildings or streets in excess of one foot-candle;
3. All exterior lighting luminaries shall be designed and installed to
shield light from the luminaire at angles above seventy two degrees
(72°) from vertical;
4. Fixtures mounted on a building shall not be positioned higher than
the roofline of the building;
5. Wooden utility type poles are acceptable only for temporary use
during construction; and
September 2015
City of Dubuque
-B- -B-
BICYCLES (cont.)
Bicycle Dealers And Repair Shops 7-7-37
Bicycle In Crosswalk 7-7-18
Bicycle Not To Pass In Or Between Lanes 7-7-16
Bicycle Parking 7-7-10
Bicycle Parking Required 16-14-9
Bicycle Records 7-7-32
Bicycle To Be Driven To The Right 7-7-11
Bicycle Turn Signals 7-7-12
Bicycles; Motor Vehicles And Traffic 9-1-321.2C
Clinging To Vehicles 7-7-8
Definitions 7-7-5
Equipment 7-7-6
Following Fire Apparatus 7-7-9
Intent And Purpose 7-7-1
Left Turns By Bicycles 7-7-13
Parking Lot Provisions For Bicycle Parking 16-13-3-5-1
Passing On Right 7-7-14
Passing Within Lane Prohibited 7-7-15
Reckless Operator Of A Bicycle 7-7-20
Registration Fees 7-7-31
Registration Required 7-7-30
Registration Sticker Or Decal 7-7-33
Rental Agencies 7-7-36
Replacement Of Registration Sticker Or Decal 7-7-34
Required Method Of Riding A Bicycle 7-7-7
Riding Abreast 7-7-17
Violation 7-7-38
BOARD OF LIBRARY TRUSTEES
Annual Reports 2-7-7
Charge Of Building, Donations 2-7-6
Compensation 2-7-3
Composition 2-7-1
Eligibility For Membership 2-7-2
Powers And Duties Generally 2-7-5
Terms Of Members; Filling Of Vacancies 2-7-4
BOARDS AND COMMISSIONS
Airport Commission 12-4
Airport Zoning Board Of Adjustment 12-6
Airport Zoning Commission 12-5
Arts And Cultural Affairs Advisory Commission 2-8
Board Of Library Trustees 2-7
Building Code And Advisory Appeals Board 14-1A-6
Cable Television Commission 2-11
Civic Center Advisory Commission 2-4
Civil Service Commission 2-2
Electrical Code Board 14-1D-3
July 2016
City of Dubuque
-B- -B-
BOARDS AND COMMISSIONS (cont.)
Environmental Stewardship Advisory Commission 2-6
Hearings And Appeals 2-1
Historic Preservation Commission 16-10
Housing Agency And Community Development
Commissions 2-5
Community Development Advisory Commission 2-5C
Housing Commission 2-5B
Trust Fund Advisory Committee 2-5D
Human Rights Commission 8-2
Investment Oversight Advisory Commission 2-3
Long Range Planning Advisory Commission 15-2
Park And Recreation Advisory Commission 10-5A-2
Plumbing Code Board 14-1H-7
Sister City Relationships Advisory Commission 2-9
Transit Advisory Board 5-1
Zoning Advisory Commission 16-9
Zoning Board Of Adjustment 16-8
BOATS, BOATING AND WATERFRONT STRUCTURES
Activities Prohibited 10-7-13
Boat Landing Areas 10-7-4
Conducting Trade Or Business In Pleasure Craft Spaces 10-7-7
Definitions 10-7-2
Driving Over Ice 10-7-14
Floats, Boathouses Maintained In Orderly Condition 10-7-6
Intent 10-7-1
Launching, Removing Boat From Water At Public Launching
Ramps 10-7-8
Mooring Of Boathouses And Floats Along Waterfront 10-7-5
No Parking Areas 10-7-12
Removal Of Sunken, Derelict Or Abandoned Craft 10-7-11
Repairs To Boats At Public Launching Ramps 10-7-9
Unlawful Deposits 10-7-3
Water Operation Rules 10-7-10
BUILDING AND DEVELOPMENT
Building Codes 14-1
Accessibility Code For Readily Achievable Changes 14-11
Building Code And Regulations 14-1A
Electrical Code 14-1D
Energy Conservation Code 14-1C
Fire Code And Regulations 14-1E
Fuel Gas Code 14-1G
Mechanical Code 14-1F
Plumbing Code 14-1H
Property Maintenance Code 14-1J
Residential Code 14-1B
July 2016
City of Dubuque
-B- -B-
BUILDING AND DEVELOPMENT (cont.)
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
Flood Areas 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 And Advisory Appeals 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
International Building Code Amendments 14-1A-2
Permit Issuance Prohibited During 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
September 2015
City of Dubuque
-B- -0-
BUSINESS AND LICENSE REGULATIONS
Adult Entertainment Establishments 4-8
Business Licenses Generally 4-1
Central Market 4-4
Excursion Boat Admission Fees 4-3
Liquor Control 4-2
Alcoholic Beverages 4-2A
Liquor, Beer And Wine Licenses And Permits 4-2B
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 4-7B
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
C
CABLE RIGHT OF WAY REGULATIONS
Administration 11-2-16
Audits 11-2-17
Authority 11-2-6
Authorization Required 11-2-8
Bond Or Letter Of Credit 11-2-19
Business License 11-2-14
Cable Communications
Construction Standards 11-2A-8
Consumer Protection 11-2A-11
Definitions 11-2A-6
Delegation Of Powers 11-2A-5
Franchise Fee 11-2A-13
Further Findings And Purpose 11-2A-2
Goals 11-2A-3
Grant Of Franchise 11-2A-7
Insurance 11-2A-15
September 2015
City of Dubuque
-c- -c-
CABLE RIGHT OF WAY REGULATIONS (cont.)
Intent 11-2A-4
Interference With Public Projects 11-2A-10
Performance Guarantees And Penalties 11-2A-17
Rate Regulation 11-2A-12
Recourse Against City Limited 11-2A-20
Reports And Records; Cable 11-2A-16
Rights Of Individuals Protected 11-2A-19
System Tests And Inspections 11-2A-14
Title 11-2A-1
Transfers 11-2A-18
Use Of Public Property 11-2A-9
Construction Standards 11-2-9
Definitions 11-2-5
Enforcement 11-2-21
Indemnification 11-2-22
Insurance 11-2-20
Legislative Findings 11-2-2
Open Video Systems
Applicability Of Chapter 11-2B-1
Application For Open Video System Authorization 11-2B-2
Fee In Lieu Of Franchise Fee 11-2B-3
Public, Educational And Governmental Access
Obligations 11-2B-4
Right Of Way Usage 11-2B-5
Placement Of Facilities 11-2-10
Purposes 11-2-3
Reimbursement Of Costs 11-2-15
Relocation Of Facilities 11-2-11
Reports And Records 11-2-18
Reservation Of Rights; Police Power 11-2-7
Restoration 11-2-12
Rules Of Construction 11-2-4
Severability 11-2-23
Title 11-2-1
Work Permits 11-2-13
CABLE TELEVISION
Cable Franchise Agreement
Channels And Facilities For Public, Educational And
Governmental Use 11-3A-6
Definitions 11-3A-1
Exhibit A; Acceptance Of Franchise By Grantee 11-3A-11
Exhibit B; I -Net Site List 11-3A-12
Franchise Fee 11-3A-7
Grant Of Authority; Limits And Reservations 11-3A-2
Liabilities 11-3A-8
September 2015
City of Dubuque
-c- -c-
CABLE TELEVISION (cont.)
Miscellaneous Provisions 11-3A-10
Performance Guarantees And Remedies 11-3A-9
Provision Of Cable Service 11-3A-4
System Facilities, Equipment And Services 11-3A-5
Transfers 11-3A-3
Cable Services Customer Service Standards
Application Of Provisions 11-3E-2
Complaints 11-3E-5
Conflict 11-3E-4
Enforcement Agency 11-3E-3
Federal Communications Commission Customer
Service Obligations Adopted 11-3E-1
Violation 11-3E-6
Rates And General Regulations
Authority 11-3D-1
Definitions 11-3D-2
Misappropriation Of Cable Services 11-3D-7
Monthly Subscriber Rates And Charges 11-3D-5
Rate Setting 11-3D-6
Refunds For Cancellations 11-3D-4
Subscriber Payments 11-3D-3
CABLE TELEVISION COMMISSION
Commission Created 2-11-1
Compensation 2-11-11
Internal Organization And Rules 2-11-3
Meetings 2-11-10
Membership 2-11-5
Oath 2-11-6
Officers/Organization 2-11-9
Powers 2-11-13
Procedures For Operation 2-11-4
Purpose 2-11-2
Removal 2-11-12
Terms 2-11-7
Vacancies 2-11-8
CARELESS DRIVING 9-7-321.277A
CATS (See Also ANIMAL CONTROL) 7-6B
CENTRAL MARKET
Display Permit Restricted To Central Market Area 4-4-5
Farmers' Market; Display Of Merchandise 4-4-2
Inspection; Confiscation Of Food Unfit For Consumption 4-4-9
Market Area Delineated 4-4-1
Market Master Designated; Duties Generally 4-4-7
Market Stalls Established; Issuance Of Permits 4-4-3
Restricted Parking In Central Market 4-4-4
September 2015
City of Dubuque
CENTRAL MARKET (cont.)
Revocation Of Permit 4-4-6
Traffic Regulations 4-4-8
Weights And Measures 4-4-10
CHARTER
Citation As Charter 1-5-2
Form Of Government 1-5-3
Powers And Duties 1-5-4
Purpose 1-5-1
CITY ATTORNEY 1-7-6
CITY CLERK AND ASSISTANT CITY CLERK 1-7-5
CITY CODE (See Also DUBUQUE CITY CODE) 1-1
CITY COUNCIL (See Also MAYOR AND CITY COUNCIL) 1-6
CITY MANAGER 1-7-4
CITY OFFICERS AND EMPLOYEES (See Also OFFICERS AND
EMPLOYEES, CITY) 1-7
CIVIC CENTER ADVISORY COMMISSION
Commission Created 2-4-1
Compensation 2-4-11
Internal Organization And Rules 2-4-3
Meetings 2-4-10
Membership 2-4-5
Oath 2-4-6
Officers/Organization 2-4-9
Powers 2-4-13
Procedures For Operation 2-4-4
Purpose 2-4-2
Removal 2-4-12
Solicitation And Acceptance Of Donations 2-4-14
Terms 2-4-7
Vacancies 2-4-8
CIVIL RIGHTS, ENFORCEMENT OF (See Also HUMAN
RIGHTS) 8-4
CIVIL SERVICE COMMISSION
City Council To Furnish Meeting Room, Equipment,
Recorder 2-2-14
Commission Created 2-2-1
Compensation 2-2-11
Conduct Of Examinations; Certification Of Qualified Persons 2-2-17
Examination Of Applicants 2-2-16
Internal Organization And Rules 2-2-3
Meetings 2-2-10
Membership 2-2-5
Oath 2-2-6
Officers/Organization 2-2-9
Powers 2-2-13
July 2016
City of Dubuque
CIVIL SERVICE COMMISSION (cont.)
Procedure For Conduct Of Hearing Appeals 2-2-18
Procedures For Operation 2-2-4
Purpose 2-2-2
Record Of Meetings And Personnel 2-2-15
Removal 2-2-12
Terms 2-2-7
Vacancies 2-2-8
CLERK, CITY 1-7-5
CODES, STATE STATUTES ADOPTED
Building Codes 14-1A-1
Cable Customer Service Obligations, State Statute 11-3E-1
Electrical Code 14-1D-1
Energy Conservation Code 14-1C-1
Federal Aviation Regulations 12-2-2
Food And Consumer Safety, State Administrative Code 6-2-1
Food Establishments And Food Processing Plants, State
Statute 6-2-1
Fuel Gas Code 14-1G-1
Home Food Establishments, State Statute 6-2-1
Hotel Sanitation Code, State Statute 6-2-1
Mechanical Code 14-1F-1
Plumbing Code 14-1H-1
Property Maintenance Code 14-1J-1
Residential Code 14-1B-1
Swimming Pools And Spas, State Statute 14-9-6
Tattooing 6-1-1
COMMERCIAL ZONING DISTRICTS 16-5-10 — 16-5-17
COMMISSIONS (See Also BOARDS AND COMMISSIONS) Title 2
COMMUNITY DEVELOPMENT ADVISORY COMMISSION (See
Also HOUSING AGENCY AND COMMUNITY DEVELOPMENT
COMMISSION) 2-5C
COMPENSATION AND SALARIES
Airport Commission 12-4-11
Airport Zoning Board Of Adjustment 12-6-11
Airport Zoning Commission 12-5-11
Arts And Cultural Affairs Advisory Commission 2-8-11
Board Of Library Trustees 2-7-3
City Council 1-6-2
Civic Center Advisory Commission 2-4-11
Civil Service Commissioners 2-2-11
Community Development Advisory Commission 2 -5C -2D
Environmental Stewardship Advisory Commission 2-6-11
Housing Commission 2-5B-11
Long Range Planning Advisory Commission 15-2-11
Mayor 1-6-2
July 2016
City of Dubuque
COMPENSATION AND SALARIES (cont.)
Park And Recreation Advisory Commission 10 -5A -2H
Sister City Relationships Advisory Commission 2-9-11
Transit Advisory Board 5-1-11
COMPREHENSIVE PLAN (See Also PLANNING AND ZONING) 15-1
CONDOMINIUM CONVERSIONS AND TRANSFERS TO
MULTIPLE HOUSING COOPERATIVE
Condominium Conversions 14-7-1
Building Code Requirements 14-7-1-1
Filing Declaration With City Clerk 14-7-1-2
Inspection; Certificate Of Compliance 14-7-1-3
July 2016
City of Dubuque
-E- -E-
ENCROACHMENTS ON PUBLIC PLACES (cont.)
Projecting Signs
Compliance With Historic Preservation Regulations 10-3C-4
Compliance With Zoning Ordinance 10-3C-3
Definitions 10-3C-1
Exclusion 10-3C-6
Maintenance 10-3C-5
Permit Requirements; Fees 10-3C-2
Revocation Of Permit 10-3-4
Sidewalk Cafes
Authorization 10-3E-2
Days And Hours Of Operation 10-3E-5
Definition 10-3E-1
Designated Area 10-3E-4
Operation 10-3E-7
Permit Requirements; Fee 10-3E-3
Sound Equipment 10-3E-6
Waste Collection Receptacles
Definitions 10-3A-1
Exception 10-3A-5
Exclusion 10-3A-4
Maintenance 10-3A-3
Permit Requirements; Fees 10-3A-2
ENERGY CONSERVATION CODE
International Energy Conservation Code Adopted 14-1C-1
International Energy Conservation Code Amendments 14-1C-2
November 2014
City of Dubuque
-E- -E-
ENVIRONMENTAL STEWARDSHIP ADVISORY COMMISSION
Commission Created 2-6-1
Compensation 2-6-11
Internal Organization And Rules 2-6-3
Meetings 2-6-10
Membership 2-6-5
Oath 2-6-6
Officers/Organization 2-6-9
Powers 2-6-13
Procedures For Operation 2-6-4
Purpose 2-6-2
Removal 2-6-12
Terms 2-6-7
Vacancies 2-6-8
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
January 2015
City of Dubuque
-E- -F-
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 14-8-3
Revocation Or Suspension Of Permit 14-8-8
Storage Containers Or Storage Trailers Permitted;
Exemptions 14-8-2
Variance 14-8-9
F
FAIR HOUSING (See Also HUMAN RIGHTS) 8-5
FINANCE DIRECTOR -CITY TREASURER 1-7-7
FIRE CODE AND REGULATIONS
Emergencies 14-1E-4
International Fire Code Adopted 14-1E-1
International Fire Code Amendments 14-1E-2
International Fire Code Enforcement 14-1E-3
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 10-5B-17
Service Stations 6-9-4
Smoke Detection 6-9-6
Smoking, Carrying Lighted Objects In Specified Places
Restricted 6-9-1
FIREARMS (See WEAPONS)
FIREWORKS 6-9-3, 7-5A-10
FISCAL YEAR 1-10-1
FLAG, CITY 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
January 2015
City of Dubuque
-L- -M-
LIQUOR CONTROL (cont.)
Liquor, Beer And Wine Licenses And Permits
Action By Council; Forwarding Of Documents To State 4-2B-9
Application; Bond 4-2B-3
Application For Renewal 4-2B-14
Effect Of Revocation 4-2B-18
Fees And Surcharges 4-2B-8
Hearing 4-2B-17
Investigation Of Applicant And Premises 4-2B-5
License Or Permit Required 4-2B-1
Nature And Scope Of License Or Permit 4-2B-10
Persons Eligible 4-2B-4
Proof Of Financial Responsibility 4-2B-7
Requirement For Premises 4-2B-6
Separate Permits Required For Separate Locations 4-2B-2
Surrender Of Permit Or License; Refund Of Fee 4-2B-12
Suspension And Revocation Generally; Grounds 4-2B-15
Suspension And Revocation; Notification; Specific
Terms 4-2B-16
Term Of License Or Permit; Seasonal Licenses And
Permits 4-2B-13
Transferability As To Location 4-2B-11
Open Containers In Motor Vehicles 9-7-321.284
Open Containers In Motor Vehicles; Passengers 9-7-321.284A
LITTERING 7-5A-5
LIVESTOCK (See Also ANIMAL CONTROL) 7-6
LONG RANGE PLANNING ADVISORY COMMISSION 15-2
M
MAILBOXES
General 10-3F-1
Nuisance 10-3F-4
Permit 10-3F-2
Placement And Design 10-3F-3
MANAGER, CITY 1-7-4
MAYOR AND CITY COUNCIL
Compensation 1-6-2
Composition; Terms 1-6-1
Emergency Succession For Mayor And Council Members 1-6-4
Evidentiary Hearings By City Council 1-9
Mayor Pro Tem 1-6-3
July 2016
City of Dubuque
-M -M-
MAYOR AND CITY COUNCIL (cont.)
Rules And Procedure
Amendments To Motions 1-6A-8
Attendance Of Media At Council Meetings 1-6A-5
Chart Of Preference Of Motions 1-6A-9
Committees, Boards And Commissions Established 1-6A-13
General Rules 1-6A-2
Motions 1-6A-7
Motions For Special Purposes 1-6A-10
Order Of Business And Agenda 1-6A-11
Ordinances, Resolutions And Motions 1-6A-12
Presiding Officer 1-6A-6
Purpose 1-6A-1
Records 1-6A-4
Rights Of Public 1-6A-14
Suspension Of Rules 1-6A-15
Types Of Meetings 1-6A-3
MECHANICAL CODE
Fees 14-1F-3
International Mechanical Code Adopted 14-1 F-1
International Mechanical Code Amendments 14-1F-2
MEETINGS
Airport Commission 12-4-10
Airport Zoning Board Of Adjustment 12-6-10
Airport Zoning Commission 12-5-10
Arts And Cultural Affairs Advisory Commission 2-8-10
Cable Television Commission 2-11-10
City Council 1-6A-3
Civic Center Advisory Commission 2-4-10
Civil Service Commission 2-2-10
Environmental Stewardship Advisory Commission 2-6-10
Historic Preservation Commission 16-10-1J
Housing Commission 2-5B-10
Investment Oversight Advisory Commission 2-3-10
Long Range Planning Advisory Commission 15-2-10
Park And Recreation Advisory Commission 10-5A-2
Sister City Relationships Advisory Commission 2-9-10
Transit Advisory Board 5-1-10
Zoning Advisory Commission 16-9-3B
MINORS
Adult Entertainment Establishments, Minors Prohibited In 4-8-16F
Alcoholic Beverages, Regulations Regarding 4-2A-7
Child Restraints In Vehicles 9-12-321.446
Junk Dealers And Auto Salvage Dealers, Purchases From
Minors Restricted 4 -6B -11A
Parental Responsibility For 7-5D
July 2016
City of Dubuque
-NA -
MOTOR VEHICLES AND TRAFFIC (cont.)
Residential Parking Permit District C 9-14-321.735
Residential Parking Permit District D 9-14-321.736
Residential Parking Permit District E 9-14-321.737
Residential Parking Permit District F 9-14-321.738
Residential Parking Permit District G 9-14-321.739
Residential Parking Permit District H 9-14-321.740
Residential Parking Permit Program Established . 9-14-321.722
Responsibility Of Permit Holder 9-14-321.728
Transfer Of Residential Parking Permit 9-14-321.727
Waiver Of Residential Parking Permit Regulations 9-14-321.730
Withdrawal Of Designation Of Residential Parking
Permit District 9-14-321.731
Restrictions During Snow Removal
Declaration Of Emergency 9-14-321.683
Parking Lots 9-14-321.684
Parking So As To Interfere With Plowing Or
Removal Prohibited 9-14-321.681
Removal Of Obstructing Vehicles 9-14-321.685
Snow Route, Restricted Parking 9-14-321.682
Pedestrians' Rights And Duties
Crossing At Other Than Crosswalk 9-8-321.328
Duty Of Driver 9-8-321.329
Duty Of Drivers Upon Approaching Blind Persons 9-8-321.333
Right Of Way 9-8-321.327
Solicitation Of Rides 9-8-321.331
Use Of Crosswalks 9-8-321.330
Walking On Highways 9-8-321.326
White Canes Restricted To Blind Persons 9-8-321.332
Powers Of Local Authorities
Posting Required 9-6-321.237
School Zones 9-6-321.249
Registration, Certification Of Title, And Proof Of Security
Against Financial Liability
Display Of Plates 9-2-321.37
Method Of Attaching Plates 9-2-321.38
Registration Card Carried In Vehicle 9-2-321.32
Registration Required 9-2-321.17
School Buses
Prompt Investigation Of Reported Violation Of Failing
To Obey School Bus Warning Devices - Citation
Issued To Driver Or Owner 9-11-321.372A
School Buses Discharging Pupils 9-11-321.372
June 2015
City of Dubuque
MOTOR VEHICLES AND TRAFFIC (cont.)
Size, Weight And Load
Drawbars And Safety Chains 9-13-321.462
Size, Weight, And Load Restrictions
Loading Beyond Front 9-13-321.458
Projecting Loads On Passenger Vehicles 9-13-321.455
Spilling Loads On Streets 9-13-321.458A
Special Antitheft Law
Vandalism 9-3-321.78
Special Stops Required
Certain Vehicles Must Stop At Railroad Crossings 9-9-321.343
Entering Street From Private Roadway 9-9-321.353
Stop Required In Obedience To Signal Of Train 9-9-321.341
Stopping, Standing Or Parking 9-9-321.358
Vehicles For Hire And Public Transportation 4-7
N
NATIONAL ELECTRICAL CODE ADOPTED 14-1D-1
NEWSRACKS (See Also ENCROACHMENTS ON PUBLIC
PLACES) 10-3B
NOISES
City Contracts, Contractors And Subcontractors 6-5-5
Enforcement 6-5-6
Exempt Noises 6-5-3
Prohibited Noises 6-5-1
Residential Air Conditioners 6-5-4
Unlawful Use Of Buildings 6-5-2
Variance Permits 6-5-7
Vehicle Noises 9-16-321.800
NONFRANCHISED COMMUNICATIONS SYSTEMS 11-1
NUISANCES
Abatement Remedies; Penalties 6-4-5
Definitions 6-4-2
Emergency Abatement Procedure 6-4-6
Public Nuisance Defined; Public Nuisances Enumerated 6-4-3
Public Nuisances Prohibited; Authority To Abate 6-4-4
Purpose 6-4-1
0
OBSTRUCTING PUBLIC WAYS AND PROPERTY 6-4-31
June 2015
City of Dubuque
-P- -P-
PARKS AND RECREATION (cont.)
Meetings And Gatherings 10-5B-16
Moving Benches And Tables 10-5B-14
Obstructions 10-5B-9
Open Season And Hours Generally 10-5B-22
Possession Of Firearms, Weapons And Fireworks 10-5B-12
Posting Bills, Notices Or Signs 10-5B-10
Removal Of Unattended Vehicles Left After Closing
Hours 10-5B-21
Sales Restricted 10-5B-11
Throwing Stones Or Other Missiles 10-5B-6
Unlawful Deposits 10-5B-8
Use Of Spotlights, Searchlights 10-5B-15
Walking On Grass 10-5B-5
Washing Vehicles 10-5B-19
PAWNBROKERS AND SECONDHAND DEALERS; JUNK AND
AUTO SALVAGE DEALERS
Junk Dealers And Auto Salvage Dealers
Application Contents 4-6B-5
Definitions 4-6B-1
Denial, Suspension Or Revocation Of License 4-6B-9
Display Of License 4-6B-7
Exemptions From Article 4-6B-8
Inspection 4-6B-13
Investigation Of Applicant And Premises 4-6B-6
License 4-6B-3
Penalties 4-6B-2
Persons Eligible 4-6B-4
Prohibited Acts 4-6B-11
Purchases Or Donation Transactions 4-6B-12
Required Records 4-6B-10
Screening Requirements For Junk And Salvage
Operations 4-6B-14
Pawnbrokers And Secondhand Dealers
Application Contents 4-6A-5
Definitions 4-6A-1
Denial, Suspension, Or Revocation Of License 4-6A-10
Display Of License 4-6A-8
Exemptions From Article 4-6A-9
Inspection 4-6A-13
Investigation Of Applicant And Premises 4-6A-6
License 4-6A-3
Penalties 4-6A-2
Persons Eligible 4-6A-4
Prohibited Acts 4-6A-12
December 2015
City of Dubuque
-P- -P-
PAWNBROKERS AND SECONDHAND DEALERS; JUNK AND
AUTO SALVAGE DEALERS (cont.)
Proof Of Financial Responsibility 4-6A-7
Required Records 4-6A-11
PAYDAY LENDING ESTABLISHMENTS (See also UNIFIED
DEVELOPMENT CODE) 16-7-5
PEDESTRIANS' RIGHTS AND DUTY 9-8-321.326 — 9-8-321.333
PENALTY, GENERAL (See Also GENERAL PENALTY, CITY
CODE) 1-4
PLANNING AND ZONING
Comprehensive Plan
Community Planning Defined 15-1-3
Comprehensive Plan Defined 15-1-1
Elements Of Comprehensive Plan 15-1-2
Long Range Planning Advisory Commission
Commission Created 15-2-1
Compensation 15-2-11
Internal Organization And Rules 15-2-3
Meetings 15-2-10
Membership 15-2-5
Oath 15-2-6
Officers/Organization 15-2-9
Powers 15-2-13
Procedures For Operation 15-2-4
Purpose 15-2-2
Removal 15-2-12
Terms 15-2-7
Vacancies 15-2-8
Unified Development Code Title 16
PLUMBING CODE
Backflow Prevention Requirements For
Existing Water Services 14-1H-5
New Residential Construction 14-1 H-4
Inspection Fees 14-1H-6
International Plumbing Code Adopted 14-1H-1
International Plumbing Code Amendments 14-1H-2
Licensure And Certification 14-1H-3
Plumbing Code Board 14-1H-7
POLICE DEPARTMENT
Fees For Police Department Services 7-1-1
POLICE, FIRE AND PUBLIC SAFETY
Alarm System Permits 7-4
Animal Control 7-6
Dangerous Animals 7-6D
Dogs And Cats 7-6B
Miscellaneous Provisions 7-6A
December 2015
City of Dubuque
-P- -P-
POLICE, FIRE AND PUBLIC SAFETY (cont.)
Potentially Vicious Dogs 7-6E
Rabies Control 7-6C
Bicycles 7-7
Emergency Management 7-3
Fire Department 7-2
Offenses 7-5
Crime Property 7-5C
Drug Paraphernalia 7-5B
December 2015
City of Dubuque
POLICE, FIRE AND PUBLIC SAFETY (cont.)
Potentially Vicious Dogs 7-6E
Rabies Control 7-6C
Bicycles 7-7
Emergency Management 7-3
Fire Department 7-2
Offenses 7-5
Crime Property 7-5C
Drug Paraphernalia 7-5B
General Offenses 7-5A
Parental Responsibility 7-5D
Police Department 7-1
PROCEDURE FOR LICENSING ELECTRIC TRANSMISSION
LINE COMPANIES
Distance From Buildings 11-6-7
Grant Of License 11-6-1
Licensee Fee 11-6-2
Manner Of Construction 11-6-6
Nonuse; Revocation Of License; Extensions Of Time 11-6-8
Petition 11-6-4
Petition For License; Informational Meetings Held 11-6-3
Public Hearing 11-6-5
Wires Across Railroad Right Of Way At Highways 11-6-9
PROPERTY MAINTENANCE CODE
Inspection Of Properties Owned By Priority Category 14-1J-6
International Property Maintenance Code
Adopted 14-1J-1
Amendments 14-1J-2
Priority Category 14-1J-4
Procedure For Hearing Appeal Of Priority Category Status 14-1J-5
Rental Licenses 14-1J-3
PROPERTY TAX
Partial Exemption From Property Taxation 3-1-1
PUBLIC UTILITIES
Gas Main Connections
City Authority To Make Connection 13-3-3
City Authority To Require 13-3-1
Notice To Owners 13-3-2
Time Limit For Completion 13-3-4
Illicit Connections And Discharges To Storm Sewer System
Appeal Of Notice Of Violation 13-5-14
Applicability 13-5-2
Cost Of Abatement Of Violation 13-5-16
Definitions 13-5-1
Discharge Prohibitions 13-5-6
Enforcement 13-5-13
July 2016
City of Dubuque
-P- -P-
PUBLIC UTILITIES (cont.)
Enforcement Measures After Appeal 13-5-15
Industrial Or Construction Activity Discharges 13-5-8
Injunctive Relief 13-5-17
Monitoring Of Discharges 13-5-9
Notification Of Spills 13-5-12
Prevent, Control And Reduce Pollutants By Use Of
BMPs 13-5-10
Remedies Not Exclusive 13-5-19
Responsibility For Administration 13-5-3
Severability 13-5-4
Suspension Of MS4 Access 13-5-7
Ultimate Responsibility 13-5-5
Violations Deemed Public Nuisance 13-5-18
Watercourse Protection 13-5-11
Sewers And Sewage Disposal 13-2
Discharge Regulations 13-2A
Industrial Pretreatment Program 13-2D
Private Disposal Systems; Private Haulers 13-2B
Rates 13-2C
Solid Waste 13-6
City Or Private Collection Service 13-6A
Stormwater Management 13-4
Water Use And Service 13-1
Connections 13-1A
Cross Connection Control 13-1D
Rates 13-1C
Water Meters 13-1B
PUBLIC WAYS AND PROPERTY
Boats, Boating And Waterfront Structures 10-7
Encroachments On Public Places 10-3
Mailboxes 10-3F
Newsracks 10-3B
Other Encroachments 10-3D
Projecting Signs 10-3C
Sidewalk Cafes 10-3E
Waste Collection Receptacles 10-3A
Excavations 10-2
Parades, Assemblies And Special Events 10-4
Parks And Recreation 10-5
Administration 10-5A
Specific Parks, Open Spaces And Trails 10-5C
Use Regulations 10-5B
Railroads 10-6
Streets, Sidewalks And Other Public Places 10-1
Valet Drop Off Parking; Permit Requirements 10-8
July 2016
City of Dubuque
-Q- -R-
Q
R
RABIES CONTROL (See Also ANIMAL CONTROL) 7-6C
RAILROADS
Maintenance Of Crossings, Rights Of Way 10-6-3
Parking Near Certain Streets Prohibited 10-6-5
Speed Restrictions 10-6-1
Unlawful Deposits 10-6-2
Use Of Certain Track As Team Track Restricted 10-6-4
RECKLESS DRIVING 9-7-321.277
RESIDENTIAL CODE
International Residential Code Adopted 14-1 B-1
International Residential Code Amendments 14-1B-2
RESIDENTIAL RELOCATION ASSISTANCE PROGRAM (See
Also ECONOMIC DEVELOPMENT) 3-4D
RESIDENTIAL ZONING DISTRICTS 16-5-2 — 16-5-6
RESOLUTIONS (See ORDINANCES AND RESOLUTIONS)
REVENUE AND TAXATION
Economic Development
Industrial Projects 3-4A
Residential Relocation Assistance Program 3-4D
Speculative Shell Buildings Of Community
Development Organizations And For Profit Entities 3-4C
Hotel And Motel Tax 3-3
Property Tax 3-1
Revitalization Areas 3-2
REVITALIZATION AREAS
Cathedral 3-2-9
Jackson Park 3-2-2
Kunkel And Associates 3-2-10
Lange Estate 3-2-11
Langworthy 3-2-7
Old Main 3-2-8
Paragon Square 3-2-12
Purpose 3-2-1
Stout Place 3-2-6
Upper Main 3-2-5
Washington Street 3-2-4
West Eleventh Street 3-2-3
July 2016
City of Dubuque
-R- -S-
RIGHTS OF WAY
Cable Right Of Way Regulations 11-2
Cable Communications 11-2A
Open Video Systems 11-2B
Cable Television 11-3
Cable Franchise Agreement 11-3A
Cable Services Customer Service Standards 11-3E
Rates And General Regulations 11-3D
Electric Franchises 11-5
Interstate Power And Light Company 11-5A
Maquoketa Valley Electric Cooperative 11-5B
Gas Franchise 11-4
Nonfranchised Communications Systems
Amendment To License 11-1-5
Application For License 11-1-3
Construction Of Chapter 11-1-16
Definitions 11-1-1
Failure To Secure, Renew Or Comply With License 11-1-11
Granting Of License 11-1-4
Hold Harmless; Insurance; Bond 11-1-10
License Fees 11-1-8
License Required 11-1-2
Notice; Appeal 11-1-15
Police Regulations 11-1-17
Regulations 11-1-6
Reimbursement For City Cost Associated With
Construction Activities 11-1-9
Relocation Or Removal When Required By Public
Needs 11-1-7
Transfers And Assignments 11-1-12
Undergrounding 11-1-14
Use Of Poles 11-1-13
Procedure For Licensing Electric Transmission Line
Companies 11-6
RUNNING AT LARGE, ANIMALS 7-6B-7
S
SAFETY BELTS AND SAFETY HARNESSES IN VEHICLES .... 9-12-321.445
SALARIES (See COMPENSATION AND SALARIES)
SAVING CLAUSE, CITY CODE
Effect Of Repeals 1-2-2
Severability Of Parts Of Code 1-2-1
SEAL, CITY 1-10-4
July 2016
City of Dubuque