Intern Building Code PermitsMEMORANDUM
May 22, 2002
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Amending the City Buildings and Building Regulations (Building Code)
Ordinance
Building Services Manager Rich Russell is recommending adoption of the 2000
International Building Code (IBC) published by the International Code Council, Inc.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Rich Russell, Building Services Manager
CITY OF DUBUQUE, IOWA
MEMORANDUM
April 25, 2002
TO: Michael C. Van Milligen, City Manager
FROM: Rich Russell, Building Services Manager
RE: Amending the City Buildings and Building Regulations (Building Code) Ordinance
INTRODUCTION: The purpose of this memo is to recommend the amending of the City
Ordinance by adoption of the 2000 International Building Code (IBC) published by the
International Code Council, Inc.
BACKGROUND: The City of Dubuque adopted the 1997 edition of the Uniform Building Code on March
20, 2000 by the approval of City Ordinance 27-00. The Building Code Board of Appeals
met three times over the past five months to discuss the adoption of the 2000
International Building Code.
DISCUSSION: The adoption of the 2000 International Building Code will allow general
contractors, architects, system designers and Building Services staff members to use
an up to date building code. The adoption of the Building Code will have a positive
impact on the ISO rating of the City of Dubuque's Building Services Department.
Two members of the Building Code Board represent companies that specialize in
construction that will be regulated by this code. Jim Kolf of Durrant and Rich Luchsinger
of Conlon Construction have been an integral part of this process.
RECOMMENDATION: I recommend the 2000 International Building Code be adopted. I
have attached a resolution for their use.
ACTION REQUIRED: The desired action step is for the City Manager to recommend to
the City Council adoption of the 2000 International Building Code.
ORDINANCE NO. __ - 02
AN ORDINANCE AMENDINGTHE CODE OF
ORDINANCES, CITY OF DUBUQUE, IOWA BY
REPEALING SECTION 11-1 AND SECTION 11-2 AND
ENACTING NEW SECTIONS 11-1 AND 11-2 IN LIEU
THEREOF ADOPTING THE 2000 INTERNATIONAL
BUILDING CODE FOR THE CITY OF DUBUQUE, IOWA
AND PROVIDING FOR THE ISSUANCE OF PERMITS AND
COLLECTION OF FEES THEREFOR,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Section 11-1 of the Code of Ordinances of the City of Dubuque,
Iowa be amended by repealing Section 11-1 and enacting a new Section 11-1 in lieu
thereof as follows:
Sec. 11-1. 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, 2000 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, 2000
Edition, as adopted, shall be on file in the office of the city clerk for public inspection.
Section 2. That the Code of Ordinances of the City of Dubuque, Iowa be
amended by repealing Section 11-2 and enacting a new section 11-2 in lieu thereof as
follows:
Section 11-2. The code adopted by Section 11-1 of this chapter is hereby
amended as follows:
Sec. 101.3 Section 101.3 "Scope" is hereby amended by repealing Sec. 101.3
and enacting a new Sec. 101.3 to read as follows:
Sec. 101.3 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 public way, public utility towers
and poles, mechanical equipment not specifically regulated in this code, and hydraulic
flood control structures.
For additions, alterations, moving and maintenance of buildings and structures,
see Chapter 34. For temporary buildings and structures, see Section 3103 and
Appendix Chapter 31.
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).
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 requirement shall be applicable.
Wherever in this code reference is made to the appendix, the provisions in the
appendix shall not apply unless specifically adopted.
Sec. 102. Section 102, "Unsafe Buildings or Structures" is hereby amended by
repealing such section and replacing such section with a new section in lieu thereof as
follows:
Sec. 102. Unsafe Buildings or Structures
All buildings or structures regulated by this code which are structurally 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 procedures set forth in Article II of Chapter 11 of the Code of
Ordinances.
Sec. 108 Section 108, "Fees," hereby is amended by repealing subsection 108.2,
"Permit Fees" and replacing such subsection with new subsections in lieu thereof as
follows:
108.2.1 Permit Fees. The fee for each permit shall be as set forth in Table No.
108.2. The determination of value or valuation under any of the provisions of this code
shall be made by the building official. The value to be used in computing the building
permit fee for new construction shall be the cost of all building materials and the usual
cost of labor whether such labor is performed by the owners or others. Such valuation
may exclude the cost of the lot or improvements to the lot such as grading, landscaping,
walks or drives, and/or the cost of the air conditioning, electrical, heating, plumbing or
ventilation systems, for which separate inspection fees are charged; however, the
approximate value of these items shall be shown on the permit in the space provided for
that purpose.
The valuations for alterations, repairs, replacement or remodeling shal~ include
the cost of materials and the usual cost of labor, whether such labor is performed by the
owner or by others, for the installation or construction of any repair, replacement or
remodeling which becomes an integral part of the building or structure.
The payment of fees under this section of the code shall not relieve the applicant,
permit holder or other persons from the payment of any other fee or fees that may be
prescribed by this code, by law or by ordinance. No fee shall be required for buildings
owned and used exclusively by the city.
108.2.2 Plan Review Fees. When a plan or other data is required to be
submitted by subsection 106.1 of this code, a plan review fee shall be due and payable
prior to the issuance of a permit. Such plan review fee shall be as set forth in Table
No. 108.2.
The plan review fees specified in this subsection are separate fees from the
permit fees specified in Section 108.1 and are in addition to the permit fees.
When plans are incomplete or changed so as to require additional plan review,
an additional plan review fee shall be charged as set forth in Table No.108.2.
Table No. 108.2 - BUILDING PERMIT FEES
1. Permit Issuance Fee for each permit: $5.00
2. Valuation Fee Schedule (in addition to permit issuance fee)
$1.00 to $500.00
$501.00 to $2,000.00
$2,001.00 to $25,000.00
$25,001.00 to $50,000.00
$50,001.00 to $100,000.00
$100,001.00 and up
$10.00
$10.00 for the first $500.00, plus
$1.60 for each additional $100.00
or fraction thereof, to and includ-
lng $2,000.00.
$34.00 for the first $2,000.00, plus
$6.40 for each additional $1,000.00
or fraction thereof, to and includ-
lng $25,000.00.
$181.20 for the first $25,000.00,
plus $4.80 for each additional
$1,000.00 or fraction thereof, to
and including $50,000.00.
$301.20 for the first $50,000.00,
plus $3.20 for each additional
$1000.00 or fraction thereof, to
and including $100,000.00.
$461.20 for the first $100,000.00,
plus $2.70 for each additional
$1000.00 or fraction thereof.
Otherlnspections and Fees
(1) Plan review fees when a plan is
required by section 302(b) of the
code, per hour of review time ....................... $30.00*
(minimum of one-hour charge and
charged in 1/2-hour increments
beyond the first hour)
(2) Inspections outside of normal
business hours, per hour ............................... $45.00*
(minimum charge of two (2) hours)
(3) Reinspection fee assessed under
provisions of Section 305(g), each ................ $30.00*
(4) Inspections for which no fee is
specifically indicated, per hour ..................... $30.00*
(minimum charge of 1/2-hour)
(5) Additional plan review required
by changes, additions or revisions
to approved plans, per hour ......................... $30.00*
(minimum charge of 1/2-hour)
* Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost
shall include outside plan review expense, supervision, overhead, equipment, hourly
wages and fringe benefits of the employees involved.
Sec. 112. Section 112, "Board of Appeals," is hereby amended by repealing such
section and replacing such section with a new section in lieu thereof as follows:
Sec. 112. Building Code and Advisory Appeals Board.
(a) Board Established. In order to determine the suitability of alternative building
materials and methods of building construction, to provide for reasonable interpretation
of the provisions of the building code, and to advise the city council on all building
construction regulations and procedures, there is hereby created the building code
advisory and appeals board.
(b) Membership. The building code advisory and appeals board shall consist of
five (5) members appointed by the city council. One (1) member shall be an architect or
engineer registered in the State of Iowa, one (1) member shall be a general building
construction contractor, one (1) member shall be a journeyman carpenter, and two (2)
members shall be from the public at large.
(c) Term of Office. The term of office of all board members shall be for three (3)
years, except that initial appointments of one (1) member shall be for a term of one (1)
year, two (2) members for two-year terms and two (2) members for three-year terms.
(d) Rules and Regulations. The board shall make such rules and prescribe such
procedures as may be reasonably necessary for its operation, except that such rules
shall include the following:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
Board Chairperson. The chairperson of the board shall be a member of
the board elected annually by a majority of the board.
Secretary of the board. The building official, or designee, shall be
secretary of the board. The secretary shall arrange for meetings and
prepare and keep such minutes and records and perform such other
clerical work as the board may direct.
Quorum. Three (3) members shall constitute a quorum. The concurring
vote of three (3) members of the board shall be necessary to pass any
motion.
Service until appointment of successor. Upon completion of the term of
office, members of the building code board shall continue to serve in their
full capacity until their successor has been duly appointed.
Meetings. The building code board shall meet upon call of the
chairperson, secretary or city manager. Members of the building code
board shall attend at least two-thirds of all scheduled meetings within a
twelve-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 said member be replaced.
Attendance. The attendance of all members shall be entered on the
minutes by the secretary.
Conformity with open meetings law. All meetings shall be held in
conformance with provisions of the Iowa Open Meetings Law.
Minutes. The building code board shall file with the city council a copy of
the minutes of each meeting of the board within ten (10) working days
after such meeting.
Administrative policies. All administrative, personnel, accounting,
budgetary, and procedural policies of the city shall govern the building
code board in all of its operations.
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 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 building
official only on finding that:
The building official had incorrectly interpreted the provision of this
code;
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 procedures
specified in this code.
(e) Limitations of Authority. The Board of Appeals shall have no authority 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.
Sec. 113 Section 113, '¥iolations" is hereby amended by repealing such section
and replacing such section with a new section in lieu thereof as follows:
Sec. 113 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 Chapter 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.
Section 3. This Ordinance shall be in effect after its final passage, approval and
publication as required by law.
Passed, approved and adopted this
day of ,2002.
Attest:
Terrance M. Duggan
Mayor
Jeanne F. Schneider, City Clerk