3 16 09 City Council Proceedings_Official
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on March 16, 2009 in the
Historic Federal Building
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Acting City
Manager Mary Rose Corrigan, City Attorney Lindahl
Absent: Council Member Voetberg
Mayor Buol read the call and stated this is a regular session called for the purpose of
discussing such matters which may properly come before the City Council.
Pledge of Allegiance
Invocation was provided by Elder Robert Tyler of Arbor Oaks Bible Chapel.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated with (#3) Indiana Subdivision Acceptance having been withdrawn from the agenda.
Seconded by Braig. Motion carried 6-0.
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 1/27;
Cable TV Regulatory Commission of 12/10; Cable TV Teleprogramming Commission of 2/3;
City Conference Board of 1/28; City Council of 3/2, 3/4, and 3/9; Environmental Stewardship
Advisory Commission of 3/10; Governing Board of the Municipal Housing Agency of 3/9;
Historic Preservation Commission of 2/19; Human Rights Commission of 2/9; Long Range
Planning Advisory Commission of 2/18; Zoning Advisory Commission of 3/4
Proofs of publication of City Council Proceedings of February 16 (Special and Regular
Session), February 17, February 19, and February 23, 2009 and List of Claims and Summary
of Revenues for Month Ending January 31, 2009
Upon motion the documents were received and filed.
Notice of Claims/Suits: Al Lundh for vehicle damage; Portzen Construction d/b/a Dubuque
Plumbing and Heating Company for services provided at the Port of Dubuque Parking Facility;
Robert and Aurora Merritt for property damage; April Shoars for personal injury; Paul
Wheelock for property damage. Upon motion the documents were received and filed and
referred to the City Attorney.
City Attorney advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Rodney Miller for
property damage; Al Lundh for vehicle damage; Robert and Aurora Merritt for property
damage; Paul Wheelock for property damage. Upon motion the documents were received and
filed and concurred.
Historic Old Main Lighting and Sidewalk Project: City Manager recommending acceptance
of the Historic Old Main Lighting and Sidewalk Project as completed by Portzen Construction,
Inc. in the final contract amount of $378,758.63, and the final schedule of assessments. Upon
motion the documents were received and filed and Resolution No. 96-09 Accepting the Historic
Old Main Street Lighting and Sidewalk Replacement Project and authorizing the payment of
the contract amount to the contractor and Resolution No. 97-09 Adopting the final assessment
schedule for the Historic Old Main Street Lighting and Sidewalk Replacement Project were
adopted.
RESOLUTION NO. 96-09
ACCEPTING THE HISTORIC OLD MAIN STREET – LIGHTING AND SIDEWALK
REPLACEMENT PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT
AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Historic Old Main Street – Lighting and
Sidewalk Replacement Project (the Project) has been completed and the City Engineer has
examined the work and filed a certificate stating that the Project has been completed according
to the terms of the Public Improvement Contract and that the City Engineer recommends that
the Project be accepted; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the
Sidewalk Assessment – Sidewalk Replacement, Annual Street Construction Program (FY
2008) Main Street Sidewalk Improvements – Jones to Fifth Street, Main Street Historic Lighting
stth
(1 to 5), Traffic Signal Intersection Reconstruction, Sidewalk Program Related Curb/Catch
Basin Replacement, Catch Basin Maintenance, Watermain Replacement Fund and the Historic
District Public Improvement Program appropriations for the contract amount of $378,758.63
less any retained percentage provided for therein as provided in Iowa Code chapter 573, and
to pay such retainage only in accordance with the provisions of Iowa Code chapter 573.
th
Passed, approved and adopted this 16 day of March, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE HISTORIC OLD MAIN
STREET – LIGHTING AND SIDEWALK REPLACEMENT PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the Historic Old Main Street – Lighting and Sidewalk Replacement Project, that the
Project has been performed in compliance with the terms of the Public Improvement Contract,
and that the total cost of the completed work is $460,678.36.
th
Dated this 16 day of March, 2009.
Gus Psihoyos, City Engineer
th
Filed in the office of the City Clerk on the 16 day of March, 2009.
Kevin S. Firnstahl, Assistant City Clerk
RESOLUTION NO. 97-09
ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE HISTORIC OLD MAIN
STREET – LIGHTING AND SIDEWALK REPLACEMENT PROJECT
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
2
After full consideration, the Final Schedule of Assessments as shown on the attached
sheet(s), Page 1 to Page 2 inclusive, is hereby approved for the Historic Old Main Street –
Lighting and Sidewalk Replacement Project.
There is hereby assessed and levied as a special tax against and upon each of the
benefited properties, the respective sums indicated. The amounts shown in said Final
Schedule of Assessments as deficiencies are found to be proper and levied conditionally
against the respective properties benefited by the improvements as shown in the Final
Schedule of Assessments, subject to the provisions of Iowa Code § 384.63. Said assessments
against said lots are hereby declared to be in proportion to the special benefits conferred and
not in excess of twenty-five percent of the value of same.
The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the
County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once
each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first
publication of which shall be not more than fifteen days from the date of filing of the Final
Schedule of Assessments. On or before the date of the second publication of the notice, the
City Clerk shall also mail a copy of said notice to property owners whose property is subject to
assessment, as provided in Iowa Code § 384.60.
The assessments may be paid in full or in part without interest at the office of the City
th
Treasurer, City Hall, 50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the
date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid assessments
of $100.00 or more are payable in 10 annual installments at the County Treasurer’s Office,
Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual
interest at nine percent (9%) computed to December 1 next following the due dates of the
respective installments as provided in Section 384.65 of the Code of Iowa. Each installment
will be delinquent from October 1 following its due date on July 1 of each year. However, when
the last day of September is a Saturday or Sunday, that amount shall be delinquent from the
second business day of October. Delinquent installments will draw the same delinquent
interest as ordinary taxes. Property owners may elect to pay any annual installments semi-
annually in advance.
th
Passed, approved and adopted this 16 day of March, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Port of Dubuque Outdoor Plaza – Phase I Project: City Manager recommending acceptance
of the construction contract for the Port of Dubuque Outdoor Plaza – Phase I Project as
completed by Nauman Nursery in the final contract amount of $334,025.16. Upon motion the
documents were received and filed and Resolution No. 98-09 Accepting the Port of Dubuque
Outdoor Plaza Project – Phase I and authorizing the payment of the contract amount to the
contractor was adopted.
RESOLUTION NO. 98-09
ACCEPTING THE PORT OF DUBUQUE OUTDOOR PLAZA PROJECT – PHASE I AND
AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Port of Dubuque Outdoor Plaza Project -
Phase I (the Project) has been completed and the City Engineer has examined the work and
filed a certificate stating that the Project has been completed according to the terms of the
Public Improvement Contract and that the City Engineer recommends that the Project be
accepted; and
3
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the
McGraw-Hill Land Sale (General) (CIP 3601855) appropriation for the contract amount of
$334,025.16 less any retained percentage provided for therein as provided in Iowa Code
chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code
chapter 573.
th
Passed, approved and adopted this 16 day of March, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE PORT OF DUBUQUE
OUTDOOR PLAZA PROJECT – PHASE I
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the Port of Dubuque Outdoor Plaza Project – Phase I, that the Project has been
performed in compliance with the terms of the Public Improvement Contract, and that the total
cost of the completed work is $334,025.16.
th
Dated this 16 day of March, 2009.
Gus Psihoyos, City Engineer
th
Filed in the office of the City Clerk on the 16 day of March, 2009.
Kevin S. Firnstahl, Assistant City Clerk
PEG Capital Grant Expenditure Requests: City Manager recommending approval of the
Cable TV Tele-Programming Commission recommendations for funding from the Public,
Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities in the
amount of $925 for Dubuque Community Schools and $14,000 for the City of Dubuque. Upon
motion the documents were received, filed, and approved.
NICC I-Net User Agreement: City Manager recommending approval of an I-Net User
Agreement with Northeast Iowa Community College. Upon motion the documents were
received, filed, and approved.
Lease Amendment for “Dubuque by Carriage”: City Manager recommending approval of the
Seventh Amendment to the lease agreement with Carole Lindstrom of “Dubuque by Carriage”
to extend the original lease of the former Dock Board building for an additional two years.
Upon motion the documents were received, filed, and approved.
Special Events Grant Program: City Manager recommending approval of proposed revisions
and requirements for the Special Events Grant Program. Upon motion the documents were
received, filed, and approved.
Citizen Communication: Communication from Sister Lené Rubly, OSF, thanking the City
Council for their recent action regarding Trailways. Upon motion the document was received
and filed.
4
Certificate of Appreciation: Certificate of Appreciation from Governor Chester J. Culver and
John R. Norris, Iowa Utilities Board, to the City of Dubuque for valuable contributions to the
Iowa Weatherization Challenge. Upon motion the document was received and filed.
Stormwater Management Utility Subsidy: City Manager recommending approval of
increasing the Stormwater Management Utility Subsidy for residential farms from fifty percent
to seventy-five percent effective March 17, 2009. Upon motion the documents were received,
filed, and approved.
Alcohol Compliance – Civil Penalties for Alcohol License Holders: City Manager
recommending approval of the Acknowledgement/Settlement Agreements for a first offense
alcohol compliance violation for Angie’s Tap, 1401 Elm Street; Oky Doky, 1256 Iowa Street;
Noonan’s Tap, 1618 Central Avenue; Busted Lift, 180 Main Street; and Lien Oriental Food,
th
115 West 11 Street. Upon motion the documents were received, filed, and approved.
Clean City Coalition Designation: Communication to Brian Crowe, Iowa Office of Energy
Independence, requesting confirmation of the City’s membership on the Iowa Clean Cities
Coalition from the Iowa Office of Energy Independence. Upon motion the document was
received and filed.
Renewal of Interim Application for Wireless Telecommunications Facilities: City Manager
recommending that the Resolution of Interim Application for Wireless Telecommunications
Facilities be renewed for an additional 120 days. Upon motion the documents were received
and filed and Resolution No. 99-09 Amending Resolution No. 238-08 which adopted an interim
application process for wireless telecommunication facilities by extending the interim
application process until June 1, 2009 was adopted.
RESOLUTION NO. 99-09
AMENDING RESOLUTION NO. 238-08 WHICH ESTABLISHED AN INTERIM APPLICATION
PROCESS FOR WIRELESS TELECOMMUNICATIONS FACILITIES, BY EXTENDING THE
INTERIM APPLICATION PROCESS UNTIL JUNE 1, 2009
Whereas, Resolution No. 238-08 established a ninety (90) day Interim Application Process
for the issuance of permits by the City of Dubuque on applications for the construction of
wireless telecommunications towers, facilities and related facilities; and
Whereas, the City Council has determined that the Interim Application Process should be
extended to allow the review of regulations for the construction of wireless telecommunications
towers, facilities and related facilities to be included in the Unified Development Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Interim Application Process for the issuance of permits by the City of
Dubuque on applications for the construction of wireless telecommunications towers, facilities
and related facilities is hereby re-established and extended to June 1, 2009.
th
Passed, approved and adopted this 16 day of March, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Applewood Apartments – Application for Tax Credits: City Manager recommending City
Council endorsement of an application from Horizon Development to the Iowa Finance
5
Authority for low-income housing tax credits for Applewood Apartments Phase III on
Pennsylvania Avenue. Upon motion the documents were received, filed, and approved.
Mediacom: Communication from Lee Grassley, Senior Manager – Government Relations of
Mediacom, advising that Mediacom will no longer carry the TV Guide Network effective on or
about April 13, 2009 and that the Music Choice lineup will be updated on or about April 15,
2009. Upon motion the document was received and filed.
Signed Contracts: Hawkeye Truck and Trailer for ambulance purchase and Water Pollution
Control Plant Sustainable Energy Consultant Services. Upon motion the documents were
received and filed.
Liquor License Applications: City Manager recommending approval of annual liquor license
renewals as submitted. Upon motion the documents were received and filed and Resolution
No. 100-09 Granting the issuance of a Class “C” Beer Permit to Hy-Vee #3 and Kwik Stop C-
Store; and Resolution No. 101-09 Granting the issuance of a Class “C” Beer/Liquor License to
Salsa’s Mexican Restaurant, Mystique Casino, Ground Round, P.J.’s, and Estrella; a Class “B”
Wine to Hy-Vee #3; and a Class “WBN” Native Wine to Bluff Street Brew Haus, Kwik Stop C-
Store and National Mississippi River Museum were adopted.
RESOLUTION NO. 100-09
Whereas, applications for Beer Permits have been submitted and filed to this Council for
approval and the same have been examined and approved: and
Whereas, the premises to be occupied by such applicants were inspected and found to
comply with the Ordinances of the City and have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a
Beer Permit.
CLASS “C” BEER PERMIT
Hy-Vee, Inc. Hy-Vee # 3+(Sunday Sale) 400 Locust Street
Rainbo Oil Company Kwik Stop C-Store+(Sunday Sale) 2335 University Avenue
th
Passed, approved and adopted this 16 day of March, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 101-09
Whereas, applications for Liquor Licenses have been submitted to this Council for approval
and the same have been examined and approved; and
Whereas, the premises to be occupied by such applicants were inspected and found to
comply with the State Laws and all City Ordinances relevant thereto and they have filed proper
bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a
Liquor License.
CLASS “C” BEER/LIQUOR LICENSE
Salsa’s Inc. Salsa’s Mexican Restr+(Sunday Sale) 1091 Main Street
Dubuque Racing Assoc. Mystique Casino+(Sunday/Outdoor 1855 Greyhound Park
6
Sale) Drive
Jamis, LLC Ground Round+(Sunday Sale) 50 JFK Road
Lana Kaye LuGrain P.J.’s+(Sunday Sale) 500 Rhomberg Avenue
PSM LLC Estrella+(Sunday/Outdoor Sale) 600 Star Brewery Drive # 200
CLASS “B” WINE
Hy-Vee, Inc Hy-Vee # 3 400 Locust Street
CLASS “WBN” NATIVE WINE
Jerry Anderson Bluff Street Brew Haus 372 Bluff Street
Rainbo Oil Company Kwik Stop C-Stores 2335 University Avenue
DBQ Co. Historical Society Nat’l Mississippi River Museum 350 E 3 rd Street
Passed, approved and adopted this 16th day of March, 2009
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Jones to receive and file the documents, adopt the resolutions, set the public
hearings as indicated, and direct the City Clerk to publish notice as prescribed by law.
Seconded by Connors. Motion carried 6-0.
J.D. Communications, Inc. Lease: City Manager recommending that a public hearing be set
for April 6, 2009, to consider a five year lease with J.D. Communications, Inc. for space in the
Historic Federal Building. Upon motion the documents were received and filed and Resolution
No. 102-09 Resolution of intent to dispose of an interest in real property owned by the City of
Dubuque by lease between the City of Dubuque, Iowa and J.D. Communications, Inc. was
adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 6, 2009 in
the Historic Federal Building.
RESOLUTION NO. 102-09
INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF
DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE, IOWA AND JD
COMMUNICATIONS, INC.
WHEREAS, the City of Dubuque, Iowa (City) owns the real property described as the Historic
th
Federal Building, located at 350 West 6 Street in the City of Dubuque, Iowa; and
WHEREAS, City and JD Communication, Inc. have negotiated a Lease Agreement for space
in the Historic Federal Building, a copy of which Lease Agreement is on file at the office of the
th
City Clerk, City Hall, 13 and Central Avenue, Dubuque, Iowa; and
WHEREAS, the City Council believes it is in the best interests of the City of Dubuque to
approve the Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the foregoing-described real
property by Lease Agreement between City and JD Communication, Inc.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a
notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's
th
intent to dispose of the foregoing-described real property, to be held on the 6 day of April, 2009,
th
at 6:30 o'clock p.m. at the Historic Federal Building, Council Chambers, 350 W. 6 Street,
Dubuque, Iowa.
7
th
Passed, approved and adopted this 16 day of March, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Eagle Point Water Plant West Clear Well Reservoir Rehabilitation Phase II Project: City
Manager recommending initiation of the public bidding process for the Eagle Point Water Plant
West Clear Well Reservoir Rehabilitation Phase II Project and that a public hearing be set for
April 6, 2009, to consider approval of the plans and specifications, form of contract and
estimated cost. Upon motion the documents were received and filed and Resolution No. 103-
09 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting
date of public hearing and ordering bids for the Eagle Point Water Plant West Clear Well
Reservoir Rehabilitation Phase II Project was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on April 6, 2009 in the Historic Federal Building.
RESOLUTION 103-09
EAGLE POINT WATER PLANT CLEARWELL
RESERVOIR REHABILITATION PHASE II (PIPE COATING) PROJECT
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the Eagle Point
Water Plant Clear Well Rehabilitation Project, in the estimated amount of $52,000, are hereby
preliminarily approved and ordered filed in the office of the City Clerk for public inspection.
A public hearing will be held on the 6th day of April, at 6:30 p.m. in the Historic Federal
Building Council Chambers at which time interested persons may appear and be heard for or
against the proposed plans and specifications, form of contract and estimated cost of said
Project, and the City Clerk be and is hereby directed to cause the attached notice of the time
and place of such hearing to be published in a newspaper having general circulation in the City
of Dubuque, Iowa, which notice shall be published not less than four days nor more than
twenty days prior to the date of such hearing. At the hearing, any interested person may
appear and file objections to the proposed plans, specifications, form of contract, or estimated
cost of the Project.
The Eagle Point Water Plant Clear Well Rehabilitation (Coating) Project is hereby ordered to
be advertised for bids for construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the
improvements herein provided, by publishing the attached Notice to Bidders to be published in
a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be
published not less than four but not more than forty-five days before the date for filing bids
before 2:00 p.m. on the 8th day of April at 6:30 p.m. Bids shall be opened and read by the City
Clerk at said time and will be submitted to the City Council for final action at the public hearing
th
at 6:30 p.m. on the 20 day of April, in the Historic Federal Building Council Chambers
th
(Second Floor), 350 West 6 Street, Dubuque, Iowa.
8
th
Passed, adopted and approved this 16day of March, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on the
following Boards/Commissions: Civil Service Commission (Mayor Appointment): One 4-year
term through April 6, 2013 (Term of White). Applicant: Dan White, 2919 Elm Street. Mr. White
spoke in support of his appointment.
Appointments to the following Boards/Commissions: Zoning Board of Adjustment: One 5-
year term through March 25, 2014 (Term of Gasper). Applicant: Heath Hutchinson, 221
Bradley Street. Motion by Connors to appoint Heath Hutchinson to the Zoning Board of
Adjustment for a 5-year term through March 25, 2014. Seconded by Jones. Motion carried 6-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Excess Right-of-Way – Old Mill Road and Manson Road: Proof of publication on notice of
hearing to consider disposing of the City’s interest in excess right-of-way purchased for the
reconstruction of Kelly Lane to Rockdale Methodist Church and City Manager recommending
approval. Motion by Connors to receive and file the documents and adopt Resolution No. 104-
09 Approving Plat of Lot 1 of Old Mill Place No. 3 in the City of Dubuque, Dubuque County,
Iowa, and abutting Old Mill Road roadway easement; Resolution No. 105-09 Vacating portions
of excess rights-of-way and easements of Old Mill Road and Manson Road; and Resolution
No. 106-09 Disposing of City interest in Lot 1 of Old Mill Place No. 3 in the City of Dubuque,
Dubuque County, Iowa. Seconded by Jones. Motion carried 6-0.
RESOLUTION NO. 104-09
APPROVING PLAT OF LOT 1 OF OLD MILL PLACE NO. 3 IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA, AND ABUTTING OLD MILL ROAD ROADWAY EASEMENT
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat
nd
dated the 2 day of February, 2009 prepared by IIW Engineers & Surveyors, PC describing
vacated portions of excess rights-of-way and easements of Old Mill Road and Manson Road;
and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
nd
Section 1. That the plat dated the 2 day of February, 2009 prepared by IIW Engineers &
Surveyors, PC, relative to the real estate hereinabove described be and the same is hereby
approved, and the Mayor and City Clerk be and they are hereby authorized and directed to
execute said plat for and on behalf of the City of Dubuque, Iowa.
Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and
certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa.
th
Passed, approved and adopted this 16 day of March, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
9
RESOLUTION NO. 105-09
VACATING PORTIONS OF EXCESS RIGHTS-OF-WAY AND EASEMENTS OF OLD MILL
ROAD AND MANSON ROAD
Whereas, Rockdale Methodist Church has requested the vacating of portions of excess
rights-of-way and easements of Old Mill Road and Manson Road; and
Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a
plat showing the vacated portions of excess rights-of-way and easements of Old Mill Road and
Manson Road and assigned a lot number thereto, which hereinafter shall be known and
described as Lot 1 of Old Mill Place No. 3 in the City of Dubuque, Dubuque County, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa has determined that portions of
excess rights-of-way and easements of Old Mill Road and Manson Road as shown on the Plat
of Old Mill Place No. 3 is no longer required for public use, except for reserving the utility
easements as noted, and vacating of said portions of excess rights-of-way and easements of
Old Mill Road and Manson Road, known as Lot 1 of Old Mill Place No. 3 in the City of
Dubuque, Dubuque County, Iowa and abutting Old Mill Road roadway easement should be
approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the real estate described as Lot 1 of Old Mill Place No. 3 in the City of
Dubuque, Iowa, and abutting Old Mill Road roadway easement as shown on the Plat of Old
Mill Place No. 3 be and the same is hereby vacated.
th
Passed, approved and adopted this 16 day of March, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 106-09
DISPOSING OF CITY INTEREST IN LOT 1 OF OLD MILL PLACE NO. 3 IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, pursuant to resolution and published notice of time and place of hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the City of
Dubuque, Iowa on this 6th day of March, 2009, the City Council of the City of Dubuque, Iowa
met on the 16th day of March, 2009, at 6:30 p.m. in the Historic Federal Building Council
th
Chambers (second floor), 350 West 6 Street, Dubuque, Dubuque County, Iowa to consider
the proposal for the sale of real estate described as:
Lot 1 of Old Mill Place No. 3 in the City of Dubuque, Dubuque County, Iowa
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections,
oral or written to the proposal to sell such real estate, except for easement as noted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the sale of City of Dubuque real property described as Lot 1 of Old Mill
Place No. 3 in the City of Dubuque, Dubuque County, Iowa, to Rockdale Methodist Church be
and the same is hereby approved for the sum of $300.00, plus the cost of surveying, platting,
publication, and filing fees. Conveyance shall be by Quit Claim Deed.
Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right
of ingress and egress thereto, for the purpose of erecting, installing, constructing,
reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas,
telephone, television cable, fiber optics, and electric lines as may be authorized by the City of
Dubuque, Iowa.
10
Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed, and
the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to
Rockdale Methodist Church. upon receipt of the purchase price in full.
Section 4. That the City Clerk be and is hereby authorized and directed to record a certified
copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and
Dubuque County Auditor.
th
Passed, approved and adopted this 16 day of March, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Kephart Building Improvement Project: Proof of publication on notice of hearing to consider
the plans and specifications, form of contract and estimated cost for the Kephart Building
Improvement Project and City Manager recommending approval. Motion by Connors to receive
and file the documents and adopt Resolution No. 107-09 Approving plans, specifications, form
of contract, and estimated cost for the Kephart Building Improvement Project. Seconded by
Braig. Motion carried 6-0.
RESOLUTION NO. 107-09
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE KEPHART BUILDING IMPROVEMENT PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the Kephart
Building Improvement Project, in the estimated amount $833,714, are hereby approved.
th
Passed, adopted and approved this 16 day of March, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Electrical Code Ordinance: City Manager recommending approval of replacing the existing
Chapter 18 of the City of Dubuque Code of Ordinances with the latest edition of the National
Electrical Code published by the National Fire Protection Association, including Section 83-2(f)
which is different from the recommendation of the Electrical Code Board. Motion by Connors to
receive and file the documents and that the requirement that a proposed ordinance be
considered and voted on for passage at two Council meetings prior to the meeting at which it is
to be passed be suspended. Seconded by Jones. Electrical Code Board Member Dan Hamel,
3163 Hillcrest Road, spoke in support of Electrical Code Board’s recommendation, which
recommends a 1:1 ratio of Journeymen to apprentices/unclassified electricians adding that the
more restrictive ratio would provide a higher level of safety on projects within the City. Council
discussion included a clarification of the terms “apprentice” and “unclassified”, safety issues,
and cost savings. Motion carried 6-0.
Motion by Connors for final consideration and passage of Ordinance No. 17-09 Ordinance
of the City of Dubuque, Iowa providing that the Code of Ordinances, City of Dubuque, Iowa, be
amended by repealing Section 18-1 thereof and enacting a new Section 18-1 thereof
pertaining to revising and reenacting an Electrical Code of the City of Dubuque, Iowa and
11
providing for the issuance of permits and collection of fees therefore (Electrical Code Board
recommendation). Seconded by Braig. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 17-09
AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF
ORDINANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY REPEALING SECTION 18-1
THEREOF AND ENACTING A NEW SECTION 18-1 THEREOF PERTAINING TO REVISING
AND REENACTING AN ELECTRICAL 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 18-1 of the Code of Ordinances of the City of Dubuque, Iowa be
amended by repealing Section 18-1 and enacting a new Section 18-1 in lieu thereof:
Section 18-1
Except as hereinafter added to, deleted, modified or amended, there is hereby adopted by
reference as the electrical code of the City that certain electrical code known as the National
Electrical Code, 2008 Edition, as prepared and edited by the National Fire Protection Agency,
Quincy, Massachusetts, and the provisions of such electrical code shall be controlling in the
supply of electricity and in the installation, maintenance and use of all electrical conductors and
equipment and installation of optical fiber cable within the corporate limits of the City and shall
be known as the “Dubuque Electrical Code”. A copy of the National Electrical Code, 2008
Edition, as adopted, shall be on file in the office of the City Clerk for public inspection.
Section 2. That Section 18-2 of the Code of Ordinances of the City of Dubuque, Iowa be
amended as follows:
The National Electric Code adopted by Section 18-1 of this Chapter is hereby amended as
follows:
80-1. Title.
These regulations shall be known as the Dubuque Electrical Code, cited as such, and will
be referred to herein as "this Code".
80-2. Application to Existing Electrical Systems and Equipment.
(a) Additions, Alterations, or Repairs. Additions, alterations, or repairs may be made to any
electrical system and equipment without requiring the existing electrical system and equipment
to comply with all the requirements of this Code, provided the addition, alteration, or repair
conforms to that required for a new electrical system and equipment and provided further that
no hazard to life, health, or safety will be created by such additions, alterations, or repairs.
Minor additions, alterations, and repairs to existing electrical systems and equipment may
be made in accordance with the law in effect at the time the original installation was made,
when approved by the building official.
(b) Existing Installations. Electrical systems and equipment lawfully in existence at the time
of the adoption of this Code may have their use, maintenance, or repair continued if the use,
maintenance, or repair is in accordance with the original design and no hazard to life, health,
or property has been created by such electrical system and equipment.
(c) Changes in Building Occupancy. Electrical systems and equipment which are a part of
any building or structure undergoing a change in use or occupancy, as defined in the Dubuque
Building Code, shall comply with the requirements of this Code which are applicable to the new
use or occupancy.
(d) Maintenance. All electrical systems and equipment, both existing and new, and all parts
thereof shall be maintained in a proper operating condition in accordance with the original
12
design and in a safe and hazard-free condition. Any devices or safeguards which are required
by this Code shall be maintained in conformance with this Code. The owner or designated
agent shall be responsible for the maintenance of the electrical system. To determine
compliance with this Subsection, the building official may cause any electrical system to be re-
inspected.
(e) Moved Building. Electrical systems and equipment which are a part of buildings or
structures moved into or within this jurisdiction shall comply with the provisions of this Code for
new installations.
80-3. Definitions, General.
For the purpose of these provisions, certain terms, phrases, words, and their derivatives
shall be construed as specified in this Section. Where terms are not defined, they shall have
their ordinarily accepted meanings within the context with which they are used. Webster's Third
New International Dictionary of the English Language, Unabridged, Copyright 1981, shall be
considered as providing ordinarily accepted meanings. Words used in the singular include the
plural and the plural the singular. Words used in masculine gender include the feminine and
the feminine the masculine.
Approved, as to materials, equipment, and method of construction means approval by the
building official as the result of investigation and tests conducted or by reasons of accepted
principles or tests by recognized authorities, technical, or scientific organizations.
Approved agency means an established and recognized agency regularly engaged in
conducting tests or furnishing inspection services, when such agency has been approved by
the building official.
Building Code means the Uniform Building Code promulgated by the International
Conference of Building Officials, as adopted by this jurisdiction.
Building official means the officer charged with the administration and enforcement of this
Code, or duly authorized representatives, and is the authority having jurisdiction for this Code.
Chief electrical inspector means the person providing expertise for the building official in the
area of electrical regulations.
Code enforcement agency means the department, division, or agency of this jurisdiction
charged with the function of code enforcement and shall be under the administration and
operational control of the building official.
Commercial installation means an installation intended for commerce, but does not include
a residential installation.
Dubuque Board means the City of Dubuque Electrical Code Board.
Electrical Code means the National Electrical Code promulgated by the National Fire
Protection Association, as adopted by this jurisdiction.
Electrical equipment means all electrical materials, wiring, conductors, fittings, devices,
appliances, fixtures, signs, and apparatus or parts thereof.
Electrical work means all installations, alterations, repairs, removals, renewals,
replacements, connections, disconnections, and maintenance of all electrical equipment
except as otherwise noted.
Firewall means the same as an area separation wall as used in the Building Code.
Industrial installation means an installation intended for use in the manufacture or
processing of products involving systematic labor or habitual employment and includes
installations in which agricultural or other products are habitually or customarily processed or
stored for others, either by buying or reselling on a fee basis.
Inspector means a person certified as an electrical inspector upon such reasonable
conditions as may be adopted by the Board.
13
Listed and listing means equipment and materials which are shown in a list published by an
approved testing agency, qualified and equipped for experimental testing, and maintaining an
adequate periodic inspection of current productions and whose listing states that the
equipment complies with nationally recognized safety standards.
Multiple occupancy building means a building having more than one (1) tenant and may be
of single or mixed use groups as classified by the Building Code.
New electrical installation means the installation of electrical wiring, apparatus, and
equipment for light, heat, power, and other purposes.
Occupancy means the purpose for which a building, or part thereof, is used or intended to
be used.
Public use building or facility means any building or facility designated for public use,
including all property owned and occupied or designated for use by the State of Iowa.
Residential installation means an installation intended for a single family or two-family
residential dwelling or a multi-family residential dwelling not larger than a four-family dwelling.
Routine maintenance means the repair or replacement of existing electrical apparatus or
equipment of the same size and type for which no changes in wiring are made.
State Board means the electrical examining board created under Iowa Code 103.2.
§
80-4. Conflicting Provisions.
Where, in any specific case, different sections of this Code specify different materials,
methods of construction, or other requirements, the most restrictive shall govern.
80-5. Alternate Materials and Methods of Construction.
The provisions of this Code are not intended to prevent the use of any material or method of
construction not specifically prescribed by this Code, provided any alternate has been
approved and its use authorized by the building official.
The building official may approve any alternate, provided it is found that the proposed
design is satisfactory and complies with the provisions of this Code and that the material,
method, or work offered is, for the purpose intended, at least the equivalent of that prescribed
in this Code in suitability, strength, effectiveness, fire resistance, durability, and safety.
The building official shall require that sufficient evidence or proof be submitted to
substantiate any claims regarding the use of alternates. The details of any action granting
approval of an alternate shall be recorded and entered in the files of the code enforcement
agency.
80-6. Modifications.
Whenever there are practical difficulties involved in carrying out the provisions of this Code,
the building official may grant modifications for individual cases, provided it is found that a
special individual reason makes the strict letter of this Code impractical and the modification is
in conformity with the intent and purpose of this Code, and that such modification does not
lessen health, life, and fire safety requirements. The details of actions granting modifications
shall be recorded and entered in the files of the code enforcement agency.
80-7. Tests.
Whenever there is insufficient evidence of compliance with any of the provisions of this
Code or evidence that materials or construction do not conform to the requirements of this
Code, the building official may require tests as evidence of compliance to be made at no
expense to this jurisdiction.
Test methods shall be as specified by this Code or by other recognized test standards. In
the absence of recognized and accepted test methods for the proposed alternate, the building
official shall determine test procedures.
All tests shall be made by an approved agency. Reports of such tests shall be retained by
the building official for the period required for the retention of public records.
14
81-1. Powers and Duties of Building Official.
(a) General. The building official is hereby authorized and directed to enforce all the
provisions of this Code. For such purposes, the building official shall have the powers of a law
enforcement officer.
The building official shall have the power to render interpretations of this Code and to adopt
and enforce rules and regulations supplemental to this Code as deemed necessary in order to
clarify the application of the provisions of this Code. Such interpretations, rules, and
regulations shall be in conformity with the intent and purpose of this Code.
(b) Deputies. In accordance with prescribed procedures and with the approval of the
appointing authority, the building official may appoint a chief electrical inspector and other
related technical officers and inspectors and other employees as shall be authorized from time
to time.
(c) Right of Entry. Whenever necessary to make an inspection to enforce any of the
provisions of this Code, or whenever the building official or 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 buildings or premises unsafe, dangerous, or
hazardous, the building official or 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 such Codes, provided that if such building or premises be occupied, the
building official shall first present proper credentials and request entry. If such building or
premises is unoccupied, the building official shall first make a reasonable effort to locate the
owner or other persons having charge or control of the building or premises and request entry.
If entry be refused, the building official or authorized representative shall have recourse to
every remedy provided by law to secure entry.
When the building official or authorized representative shall have first obtained a proper
inspection warrant or other remedy provided by law to secure entry, no owner or occupant or
any other persons having charge, care, or control of any building or premises shall fail or
neglect, after proper request is made as herein provided, to promptly permit entry therein by
the building official or authorized representative for the purpose of inspection and examination
pursuant to this Code.
(d) Stop Orders. Whenever any work is being done contrary to the provisions of this Code,
the building official may order the work stopped by notice in writing served on any persons
engaged in the doing or causing such work to be done and any such persons shall forthwith
stop such work until authorized by the building official to proceed with the work.
(e) Authority to Disconnect Utilities in Emergencies. The building official or authorized
representative shall have the authority to disconnect any electric power or energy service
supplied to the building, structure, or building service equipment therein regulated by this Code
in case of emergency where necessary to eliminate an immediate hazard to life or property.
The building official shall whenever possible notify the serving utility, the owner, and occupant
of the building, structure, or electrical system or equipment of the decision to disconnect prior
to taking such action, and shall notify such serving utility, owner, and occupant of the building,
structure, or building service equipment, in writing, of such disconnection immediately
thereafter.
(f) Authority to Condemn Electrical System and Equipment. Whenever the building official
ascertains that any electrical system or equipment regulated in this Code has become
hazardous to life, health, or property, the building official shall order in writing that such
electrical system or equipment either be removed or restored to a safe condition, whichever is
appropriate. The written notice itself shall fix a time limit for compliance with such order. No
15
person shall use or maintain defective electrical systems or equipment after receiving such
notice.
When such equipment or installation is to be disconnected, a written notice of such
disconnection and causes therefore shall be given within twenty-four (24) hours of the order to
disconnect to the serving utility, the owner, and occupant of such building, structure, or
premises.
When any electrical system or equipment is maintained in violation of this Code and in
violation of any notice issued pursuant to the provisions of this Section, the building official
shall institute any appropriate action to prevent, restrain, correct, or abate the violation.
(g) Connection after Order to Disconnect. No person shall make connections from any
energy or power supply nor supply power to any electrical system or equipment which has
been disconnected 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 electrical system or equipment.
(h) 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 duties, shall not
thereby be rendered personally 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 duties. Any suit
brought against the building official or employee because of such act or omission performed in
the enforcement of any provision of such codes or other pertinent laws or ordinances
implemented through the enforcement of this Code or enforced by the code enforcement
agency shall be defended by this jurisdiction until final termination of such proceedings, and
any judgment resulting therefrom shall be assumed by this jurisdiction.
This Code shall not be construed to relieve from or lessen the responsibility of any person
owning, operating, or controlling any building or structure for any damages to persons or
property caused by defects, nor shall the code enforcement agency or its parent jurisdiction be
held as assuming any such liability by reason of the inspections authorized by this Code or any
permits or certificates issued under this Code.
(i) Cooperation of Other Officials and Officers. The building official may request, and shall
receive so far as is required in the discharge of duties, the assistance and cooperation of other
officials of this jurisdiction.
81-2. Unsafe Electrical Systems or Equipment.
All electrical systems or equipment regulated by this Code which are unsafe or which
constitute a fire hazard or are otherwise dangerous to human life are, for the purpose of this
Section, unsafe. Any use of electrical systems or equipment regulated by this Code
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.
All such unsafe electrical systems or equipment 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 Chapter 1 of the City of Dubuque Code of Ordinances. As an
alternative, the building official or other employee or official of this jurisdiction as designated by
the governing body may institute any other appropriate action to prevent, restrain, correct, or
abate the violation.
81-3. Electrical Code Board.
(a) Board Established. In order to determine the suitability of alternative materials and
methods of installation; to provide for reasonable interpretations of this Code; to serve as an
appeal body for the decisions of the building official; to advise the City Council on all electrical
regulations and procedures; and to provide for examining applicants for electrical maintenance
16
license and issuing electrical maintenance license, there is hereby created the Electrical Code
Board.
(b) Membership. The Electrical Code Board shall consist of seven (7) members appointed
by the City Council. Six (6) members shall have a background or experience in electrical
engineering, electrical contracting, electrical installation, or electrical maintenance, and one (1)
member shall be appointed from the public at large.
(c) Term of Office. The term of office of all Board members shall be three (3) years.
(d) Rules and Regulations. The Electrical Code 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) Board Chairperson. The chairperson of the Board shall be a member of the Board
elected annually by a majority of the Board.
(2) 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.
3) 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.
(4) Service Until Appointment of Successor. Upon completion of the term office, members
of the Board shall continue to serve in their full capacity until their successor has been duly
appointed.
th
(5) Meetings. Regular meetings of the Board shall be held on the fourth (4) Monday in
January, March, May, July, September, and November. Special meetings may be called from
time to time by the chairperson, the secretary, or the City Manager. When the day fixed for any
regular meeting of the Board falls upon a day designated as a legal, national, or City holiday,
such meeting shall be held on the next succeeding day not a holiday. The secretary shall give
notice to the members of the Board if there is no business filed with the secretary to be heard
by the Board by noon on the Wednesday prior to the regular meeting date and such regular
meeting shall stand cancelled. The secretary shall provide notice of the cancellation of the
meeting in the same manner as notice of a regular meeting. Members of the Board shall attend
at least two-thirds (2/3) of all scheduled 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 said member be replaced.
(6) Attendance. The attendance of all members shall be entered on the minutes by the
secretary.
(7) Conformity with Open Meetings Law. All meetings shall be held in conformance with
provisions of the Iowa Open Meetings Law.
(8) Minutes. The Electrical Code Board shall file with the City Council a copy of the minutes
of each meeting of the Board within ten (10) business days after such meeting.
(9) Administrative Policies. All administrative, personnel, accounting, budgetary, and
procedural policies of the City shall govern the Board in all of its operations.
(10) 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 this
Code may appeal from such decision to the 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 Electrical Code Board, sitting as an appeal board, shall meet within ten (10) business days
17
after receiving such notice and render a decision within five (5) business 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:
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 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, and safety.
81-4. Violations.
It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter,
repair, move, improve, remove, convert, demolish, equip, use, or maintain any electrical
system or equipment 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 City of
Dubuque 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.
82-1. Permits Required.
(a) Permits Required. Except as specified in Subsections (b) and (c) of this Section, no
electrical system regulated by this Code shall be installed, altered, repaired, replaced, or
remodeled unless a separate electrical permit for each building or structure has first been
obtained from the building official.
(b) Exempt Work. An electrical permit shall not be required for the following:
(1) Portable motors or other portable appliances energized by means of a cord or cable
having an attachment plug end to be connected to an approved receptacle when that cord or
cable is permitted by this Code;
(2) Repair or replacement of fixed motors, transformers, or fixed approved appliances of
the same type and rating in the same location;
(3) Temporary decorative lighting;
(4) Repair or replacement of current-carrying parts of any switch, contractor, or control
device;
(5) Reinstallation of attachment plug receptacles, but not the outlets therefore;
18
(6) Repair or replacement of any overcurrent device of the required capacity in the
same location;
(7) Repair or replacement of electrodes or transformers of the same size and capacity
for signs or gas tube systems;
(8) Taping joints;
(9) Removal of electrical wiring;
(10) Temporary wiring for experimental purposes in suitable experimental laboratories;
or,
(11) The wiring for temporary theater, motion picture, or television stage sets.
However, any such exempted work that is to be performed in other than a single-family
home by the qualifying homeowner shall be performed by or directly supervised by the holder
of a State of Iowa Class "A" or "B" master or journeyman electrical license or the holder of a
City of Dubuque electrical contractor, journeyman, or maintenance license.
Exemption from the permit requirements of this Code shall not be deemed to grant
authorization for any work to be done in violation of the provisions of this Code or any other
laws or ordinances of this jurisdiction.
(c) Exempt Systems and Utilities. An electrical permit shall not be required for the following:
(1) Electrical wiring, devices, appliances, apparatus, or equipment operation at less than
twenty-five (25) volts and not capable of supplying more than fifty (50) watts of energy.
(2) Low energy power, control, and signal circuits of Classes II and III as defined in this
Code.
(3) A permit shall not be required for the installation, alteration, or repair of electrical wiring,
apparatus, or equipment for the generation, transmission, distribution, or metering of electrical
energy, or in the operation of signals or the transmission of intelligence by a public or private
utility in the exercise of its function as a serving utility.
Exemption from the permit requirements of this Code shall not be deemed to grant
authorization for any work to be done in violation of the provisions of this Code or any other
laws or ordinances of this jurisdiction.
82-2. Permit Process.
(a) Application for Permit. The applicant for an electrical permit must be one of the
following:
(1) The homeowner as defined elsewhere in this Ordinance;
(2) Registered with the City of Dubuque Building Services Department as the holder of a
State of Iowa issued Class "A" master electrical license and affiliated with an electrical
contracting firm or business that is also licensed by and registered with the State of Iowa; or,
(3) The holder of a current City of Dubuque issued electrical contractor's license.
(b) Application. To obtain a permit, the applicant shall first file an application therefore in
writing on a form furnished by the code enforcement agency for that purpose. Every such
application shall:
(1) Identify and describe the work to be covered by the permit for which application is
made;
(2) Describe the land on which the proposed work is to be done by legal description, street
address, or similar description that will readily identify and definitely locate the proposed
building or work;
(3) Identify the owner of property, and tenant if applicable, on which the proposed work is to
be done;
(4) Indicate the use or occupancy for which the proposed work is intended;
(5) Be accompanied by plans, diagrams, computations, and specifications and other data
as required in Subsection (b) of this Section;
19
(6) Be signed by permittee or authorized agent; and,
(7) Give such other data and information as may be required by the building official.
(c) Plans and Specifications. Plans, engineering calculations, diagrams, and other data
shall be submitted in one or more sets with each application for a permit. The building official
may require plans, computations, and specifications to be prepared and designed by an
engineer or architect licensed by the State of Iowa to practice as such.
EXCEPTION: The building official may waive the submission of plans, calculations, etc., if it
is found that the nature of the work applied for is such that reviewing of plans is not necessary
to obtain compliance with this Code.
(d) Information on Plans and Specifications. Plans and specifications shall be drawn to
scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the location,
nature, and extent of the work proposed and show in detail that it will conform to the provisions
of this Code and all relevant laws, ordinances, rules, and regulations.
Plans for buildings more than two (2) stories in height of other than Groups R, Division 3,
and M Occupancies shall indicate how required structural and fire-resistive integrity will be
maintained where a penetration will be made for electrical and communication conduits, pipes,
and similar systems.
82-3. Permit Issuance.
(a) Issuance. The application, plans, specifications, and other data filed by an applicant for
permit shall be reviewed by the building official. Such plans may be reviewed by other
departments of this jurisdiction to verify compliance with any applicable laws under their
jurisdiction. If the building official finds that the work described in an application for a permit
and the plans, specifications, and other data filed therewith conform to the requirements of this
Code and other pertinent laws and ordinances and that the fees specified in Section 82-4 have
been paid, a permit shall be issued therefore to the applicant.
When the building official issues the permit where plans are required, the plans and
specifications shall be endorsed in writing or stamped "APPROVED". Such approved plans
and specifications shall not be changed, modified, or altered without authorization from the
building official and all work shall be done in accordance with the approved plans.
The building official may issue a permit for the construction of part of an electrical system
before the entire plans and specifications for the whole system have been submitted or
approved, provided adequate information and detailed statements have been filed complying
with all pertinent requirements of this Code. The holder of such permit shall proceed at
personal risk without assurance that the permit for the entire building, structure, or building
service will be granted.
(b) Retention of Plans. One set of approved plans and specifications shall be returned to
the applicant and shall be kept on the site of the building work at all times during which the
work authorized thereby is in progress. One set of approved plans, specifications, and
computations shall be retained by the building official until final approval of the work.
(c) Validity of Permit. The issuance of a permit or approval of plans and specifications shall
not be construed to be a permit for, or an approval of, any violation of any of the provisions of
this Code, or of any other ordinance of the jurisdiction. No permit presuming to give authority to
violate or cancel the provisions of these codes shall be valid.
The issuance of a permit based upon plans, specifications, and other data shall not prevent
the building official from thereafter requiring the correction of errors in said plans,
specifications, and other data or from preventing building operations being carried on
thereunder when in violation of this Code or of any other ordinances of this jurisdiction.
(d) Expiration. Every permit issued by the building official under the provisions of this Code
shall expire by limitation and become null and void, if the building or work authorized by such
20
permit is not commenced within one hundred eighty (180) days from the date of such permit,
or if the work authorized by such permit is suspended or abandoned for a period of one
hundred eighty (180) days following the last inspection of said work. Before such work can be
recommenced, a new permit shall be first obtained so to do, and the fee therefore shall be
one-half (1/2) the amount required for a new permit for such work provided no changes have
been made or will be made in the original plans and specifications for such work; and provided
further that such suspension or abandonment has not exceeded one (1) year. In order to
renew action on a permit after expiration, the permittee shall pay a new full permit fee.
Any permittee holding an unexpired permit may apply for an extension of the time within
which work may commence under that permit when unable to commence work within the time
required by this Section for good and satisfactory reasons. The building official may extend the
time for action by the permittee for a period not exceeding one hundred eighty (180) days upon
written request by the permittee showing that circumstances beyond the control of the
permittee have prevented action from being taken. No permit shall be extended more than
once.
(e) Suspension or Revocation. The building official may, in writing, suspend or revoke a
permit issued under the provisions of this Code whenever the permit is issued in error or on
the basis of incorrect information supplied or in violation of any ordinance or regulation of the
jurisdiction.
82-4. Fees.
(a) Permit Fees. The fee for each electrical permit shall be as established by the City
Manager.
(b) Plan Review Fees. When a plan or other data are required to be submitted by
Subsection (c) of Section 82-2, a plan review fee shall be paid as established by the City
Manager. Where plans are incomplete or changed so as to require additional plan review, an
additional plan review fee shall be charged at the rate established by the City Manager.
(c) Expiration of Plan Review. Applications for which no permit is issued within one hundred
eighty (180) days following the date of application shall expire by limitation and plans and other
data submitted for review may thereafter be returned to the applicant or destroyed by the
building official. The building official may extend the time for action by the applicant for a period
not exceeding one hundred eighty (180) days upon request by the applicant showing that
circumstances beyond the control of the applicant have prevented action from being taken. No
application shall be extended more than once. In order to renew action, on an application after
expiration, the applicant shall resubmit plans and pay a new plan review fee.
(d) Investigation Fees for 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 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 either this Code nor from any penalty prescribed by law.
(e) 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 percent (80%)
of the permit fee paid when no work has been done under a permit issued in accordance with
this Code.
21
(3) The building official may authorize the refunding of not more than eighty percent (80%)
of the plan review fee paid when an application for a permit for which a plan review fee has
been paid is withdrawn or canceled before any plan reviewing is done.
The building official shall not authorize the refunding of any fee paid except upon written
application filed by the original permittee no later than one hundred eighty (180) days after the
date of fee payment.
82-5. Inspections.
(a) General. All electrical systems and equipment for which a permit is required by this
Code shall be subject to inspection by the building official. No portion of any electrical system
intended to be concealed shall be concealed until inspected and approved. Neither the building
official nor this jurisdiction shall be liable for expense entailed in the removal or replacement of
any material required to allow inspection. When the installation of an electrical system and
equipment is complete an additional and final inspection shall be made. Electrical systems and
equipment regulated by this Code shall not be connected to the energy source until authorized
by the building official.
(b) Inspection Requests. It shall be the duty of the person doing the work authorized by a
permit to notify the building official that such work is ready for inspection. The building official
may require that every request for inspection be filed at least one (1) business day before such
inspection is desired. Such request may be in writing or by telephone at the option of the
building official.
It shall be the duty of the person requesting inspections required by this Code to provide
access to and means for proper inspection of such work.
(c) Operation of Electrical Equipment. The requirements of this Section shall not be
construed to prohibit the operation of any electrical system or equipment installed to replace
existing equipment. The request for inspection of such equipment must have been filed with
the building official not more than forty-eight (48) hours after such replacement work is
completed and before any portion of such electrical system is concealed by any permanent
portion of the building.
(d) Other Inspections. In addition to the called inspections required by this Code, the
building official may make or require other inspections of any work to ascertain compliance
with the provisions of this Code and other laws which are enforced by the code enforcement
agency.
(e) Re-Inspections. A re-inspection fee may be assessed for each inspection or re-
inspection when such portion of work for which inspection is called is not complete or when
corrections called for are not made.
This Provision is not to be interpreted as requiring re-inspection fees the first time a job is
rejected for failure to comply with the requirements of this Code, but as controlling the practice
of calling for inspections before the job is ready for such inspection or re-inspection.
Re-inspection fees may be assessed when the approved plans are not readily available to
the inspector, for failure to provide access on the date for which inspection is requested, or for
deviating from plans requiring the approval of the building official.
To obtain a re-inspection, the applicant shall file an application therefore in writing upon a
form furnished for that purpose and pay the re-inspection fee in accordance with Table No. 13-
A.
In instances where re-inspection fees have been assessed, no additional inspection of the
work will be performed until the required fees have been paid.
(f) Monthly Maintenance Inspections. In industrial plants where experienced electricians
are regularly employed and who have charge of the electrical work in such plants, a monthly
inspection shall be made by the building official of the installation of electric wiring, fixtures,
22
appliances, work, and materials used in connection with the operation of work in said plant. A
record shall be kept at such plants covering the preceding month. This record shall be filed
with the building official each month prior to the time set for making regular inspection. Any
falsity contained in the reports required to be filed with the building official shall subject the
person, firm, or corporation responsible therefore to the penalties provided in this Article.
82-6. Connection Approval.
(a) Energy Connections. An electrical system or equipment regulated by this Code for
which a permit is required shall not be connected to a source of energy or power until
approved by the building official.
(b) Temporary Connections. The building official may authorize the temporary connection
of the electrical system or equipment to the source of energy or power for the purpose of
testing the equipment or for use under a temporary certificate of occupancy.
83-1. Definitions.
For use within this Article, the following words and phrases are defined:
Apprentice electrician means any person who as such person's principal occupation is
engaged in learning and assisting in the installation, alteration, and repair of electrical wiring,
apparatus, and equipment as an employee of a person licensed by the State of Iowa as an
electrical contractor, and who is licensed by the State of Iowa and is progressing toward
completion of an apprenticeship training program registered by the bureau of apprenticeship
and training of the United States Department of Labor. For purposes of this Ordinance,
persons who are not engaged in the installation, alteration, or repair of electrical wiring,
apparatus, and equipment, either inside or outside buildings, shall not be considered
apprentice electricians.
City of Dubuque licensed electrical contractor means a person licensed with the City of
Dubuque having demonstrated the necessary qualifications, training, experience, and technical
knowledge to plan, lay out, install, service, and supervise the installation of electrical wiring,
electrical equipment apparatus, electrical equipment for light, heat, power, and other purposes,
and to supervise apprentices and the unclassified persons in their employ.
City of Dubuque licensed journeyman electrician means a person having the necessary
qualifications, training, experience, and technical knowledge to wire for or install electrical
wiring, electrical apparatus, and electrical equipment, and to supervise apprentices, and who is
licensed by the Dubuque Electrical Code Board.
Class A journeyman electrician means a person having the necessary qualifications,
training, experience, and technical knowledge to wire for or install electrical wiring, apparatus,
and equipment and to supervise apprentice electricians and who is licensed by the State
Board.
Class A master electrician means a person having the necessary qualifications, training,
experience, and technical knowledge to properly plan, lay out, install, service, and supervise
the installation of electrical wiring, apparatus, and equipment for light, heat, power, and other
purposes and who is licensed by the State Board.
Class B journeyman electrician means a person having the necessary qualifications,
training, experience, and technical knowledge to wire for or install electrical wiring, apparatus,
and equipment who meets and is subject to the restrictions of Iowa Code 103.12 and who is
§
licensed by the State Board.
Class B master electrician means a person having the necessary qualifications, training,
experience, and technical knowledge to properly plan, lay out, install, service, and supervise
the installation of electrical wiring, apparatus, and equipment who meets and is subject to the
restrictions of Iowa Code 103.10 and who is licensed by the State Board.
§
23
Electrical contractor means a person affiliated with a contracting firm or business who is
licensed by the State of Iowa Electrical Board and who is also registered with the Iowa Division
of Labor as a contractor.
Electrical equipment means all electrical materials, wiring, conductors, fittings, devices,
appliances, fixtures, signs, and apparatus or parts thereof.
Electrical work means all installations, alterations, repairs, removals, renewals,
replacements, connections, disconnections, and maintenance of all electrical equipment
except as otherwise noted.
Homeowner means the owner of property that is the owner's principal place of residence, if
such residence is an existing dwelling rather than new construction and is not larger than a
single family dwelling or farm property and shall qualify for the homestead tax exemption.
Licensed means licensed under this Article or Iowa Code 103.2, except as otherwise
§
specified.
Maintenance electrician means a person who has the necessary training, experience, and
technical knowledge to undertake the work of installing, servicing, maintaining, altering, and
repairing electrical devices, appliances, and equipment within the stipulated confines of
property owned or controlled by the firm, business, or company by whom employed. An
electrical maintenance certificate of competency may be issued to an individual and will entitle
the holder thereof to undertake the work of installing, servicing, maintaining, altering, and
repairing electrical devices, appliances, and equipment only within the confines of the property
owned by such individual for use or application to such property.
Master electrician/electrical contractor means a person having the necessary qualifications,
training, experience, and technical knowledge to plan, lay out, install, service, and supervise
the installation of electrical wiring, electrical equipment apparatus, electrical equipment for
light, heat, power, and other purposes, and to supervise apprentices, and who is licensed by
the Electrical Code Board.
Registered, under this Article, means a copy of the licensed person's license and current
contact information has been provided to the City of Dubuque Building Services Department
on forms provided by Building Services Department, except as otherwise specified.
Residential electrician means a person having the necessary qualifications, training,
experience, and technical knowledge to wire for or install electrical wiring, apparatus, and
equipment who meets and is subject to the restrictions of Iowa Code 103.12 and who is
§
licensed by the State Board.
Special electrician means a person having the necessary qualifications, training, and
experience in wiring or installing special classes of electrical wiring, apparatus, equipment, or
installations which shall include irrigation system wiring, disconnecting and reconnecting of
existing air conditioning and refrigeration, and sign installation, and who is licensed by the
State Board.
Unclassified person means any person, other than an apprentice electrician or other person
licensed under this Chapter, who, as such person's principal occupation, is engaged in
learning and assisting in the installation, alteration, and repair of electrical wiring, apparatus,
and equipment as an employee of a person licensed by the State of Iowa and who is licensed
by the State of Iowa as an unclassified person. For purposes of this Ordinance, persons who
are not engaged in the installation, alteration, or repair of electrical wiring, apparatus, and
equipment, either inside or outside buildings, shall not be considered unclassified persons.
83-2. Registration Required; Exceptions.
(a) No person, firm, or corporation shall perform any electrical work as an electrical
contractor, master electrician, journeyman electrician, apprentice electrician, unclassified
24
person, or maintenance electrician in the City of Dubuque unless registered with the Building
Services Department of the City of Dubuque as provided in this Article.
(b) No electrical contractor or electrical maintenance electrician shall employ any
apprentice or unclassified person to perform any electrical work unless said apprentice or
unclassified person is under the direct personal on-the-job supervision of a State or City
licensed master electrician, State or City licensed journeyman electrician, or City licensed
maintenance electrician. The ratio of apprentice electricians or unclassified persons to holders
of State of Iowa master or journeyman electrical license holders or the holders of a City of
Dubuque electrical contractor journeyman or electrical maintenance license at any time shall
not exceed the ratios given in 83-2(f).
Direct personal on-the-job supervision and control and in the immediate presence of a
licensee shall mean the licensee and the apprentice electrician or unclassified person shall be
working at the same project location but shall not require that the licensee and apprentice
electrician or unclassified person be within sight of one another at all times.
Every person who desires to perform the work of an electrical laborer/helper shall provide
their name and contact information to the Building Services Department on such forms as the
building official shall prescribe.
Apprentice electricians shall not install, alter, or repair electrical equipment except as
provided in this Ordinance and the licensee employing or supervising the apprentice
electricians shall not authorize or permit such actions by the apprentice electricians.
Unclassified persons shall not install, alter, or repair any energized electrical equipment and
the licensee employing or supervising the unclassified persons shall not authorize or permit
such actions by the unclassified persons.
Apprentice electricians shall do no electrical wiring except under the direct personal on-the-
job supervision and control and in the immediate presence of a licensee as provided in this
Ordinance. Such supervision shall include both on-the-job training and related classroom
training as approved by the State of Iowa Electrical Examining Board and the bureau of
apprenticeship and training of the United States Department of Labor.
Unclassified persons shall do no electrical wiring except under the direct personal on-the-job
supervision and control and in the immediate presence of a licensee as provided in this
Ordinance.
Employment of unregistered master, journeyman, apprentice electricians, or unclassified
persons shall be grounds for the suspension or revocation of the employing electrical
contractor's registration and their ability to do work within the limits of the City of Dubuque.
Employment of unregistered master, journeyman, apprentice electricians, or unclassified
persons shall be grounds for the suspension or revocation of the employing maintenance
electrician's registration and their ability to do work within the limits of the City of Dubuque.
(c) The owner or owners of a single-family dwelling, or mobile home, including the usual
accessory building and quarters used exclusively for living purposes may do such electrical
work without registration as demonstrated by the capability to do, to the building official,
providing that the dwelling or mobile home will be occupied by the owner and that a permit is
issued as provided in the Electrical Code. No person qualifying for the owner-occupant
exemption shall be eligible for a subsequent exemption on any other structure for seven (7)
years.
(d) The provisions of this Article shall not apply to any regular employee of a public utility
who does electrical work for such public utility only, nor shall they apply to the electrical work of
a telephone or telegraph company, nor the persons, firms, or corporations performing electrical
work for such a company, where such electrical work is an integral part of the plant used by
such telephone or telegraph company in rendering its duly authorized service to the public, nor
25
to any regular employee of any railroad who does electrical work only as a part of that
employment.
(e) The provisions of this Article shall not apply to the replacement of integral parts of
equipment or appliances by firms or persons in possession of a valid electrical maintenance
license issued previously to the firm or person by the Building Services Department of the City
under other pertinent City ordinances.
(f) The maximum number of State of Iowa licensed apprentice electricians or State of Iowa
licensed unclassified persons that many be supervised by a licensed City of Dubuque or State
of Iowa master, journeyman, or maintenance electrician shall not exceed one to one (1:1).
The supervision ratio of this Section need not apply to apprenticeship classroom training.
83-3. Classes of Dubuque Electrical License.
(a) One (1) class of license is hereby established and certificates thereof shall be issued
only upon the direction of the Dubuque Electrical Code Board. This class shall be designated
respectively as:
Electrical maintenance license shall entitle the holder thereof to undertake the work
of installing, servicing, maintaining, altering, and repairing electrical devices, appliances,
and equipment within the confines of property owned or controlled by the firm, business,
or company employing such registration holder or within the confines of property owned
by an individual.
(b) Three (3) classes of license are hereby established and certificates thereof shall be
renewed only upon the direction of the Dubuque Electrical Code Board. These classes shall be
designated respectively as:
Dubuque electrical contractor's license shall entitle the holder thereof to engage in
the business of electrical contracting within the corporate limits of the City of Dubuque
and to secure permits for the installation, alteration, or repair of any electric wiring,
device, appliances, or equipment.
Electrical maintenance license shall entitle the holder thereof to undertake, within the
corporate limits of the City of Dubuque, the work of installing, servicing, maintaining,
altering, and repairing electrical devices, appliances, and equipment within the confines
of property owned or controlled by the firm, business, or company employing such
registration holder or within the confines of property owned by an individual.
Dubuque journeyman electrician's license shall entitle the holder thereof to
undertake, within the corporate limits of the City of Dubuque, the work of installing,
maintaining, altering, and repairing electrical devices, appliances, and equipment in the
employ of an electrical contractor.
Sec. 83-4. Examination Required.
Application Fee for Reexamination Upon Failure of Examinations. Any person desiring to be
examined for a license to perform electrical maintenance work by the Dubuque Electrical Code
Board, as determined by this Article, shall make application to the Board on forms furnished by
the Board, setting forth information necessary to establish qualifications as such and payment
of an examination fee as specified in Table No. 13B. Persons failing an examination and
desiring to take the examination again must make application for the examination and pay the
examination fee as required in the first instance.
Sec. 83-5. Scope of Examination.
Applicants for licensure under this Article will be examined by the Dubuque Electrical Code
Board to determine their knowledge of the rules and regulations governing the installation of
electric wiring, devices, appliances, and equipment as set forth in the statutes of the State, the
ordinances of the City, and in the National Electrical Code, in order to determine the general
qualifications and fitness of each applicant for executing electrical maintenance work.
26
Sec. 83-6. Reexamination.
Should an applicant for registration under this Article fail to pass an examination by not
obtaining a rating thereon of seventy-five percent (75%) or higher, such applicant may be
reexamined upon submitting an application in writing accompanied by the examination fee
after a period of sixty (60) days has elapsed from the date of the applicant's last previous
examination.
83-7. Fees for Licenses.
Before an electrical maintenance license is granted to any applicant under this Article and
before an expiring electrical license issued by the City of Dubuque is renewed, the applicant
shall pay to the City a fee as specified in Table No. 13-B.
TABLE NO. 13-B
Electrical Examination, License Fees
1. Initial fee for electrical maintenance license $120.00
2. Renewal fee for electrical maintenance license $60.00
3. Renewal fee for Dubuque licensed electrical contractor $75.00
4. Renewal fee for Dubuque licensed journeyman $50.00
Examination fees are set by the testing agency.
83-8. Bonding.
Any person, company, or firm desiring to engage in the business of electrical contracting
and obtain permits for the purpose of performing electrical work within the City limits of
Dubuque under the scope of the City of Dubuque Code of Ordinances or Iowa Code Chapter
197 shall execute a surety company bond in the sum of two thousand dollars ($2,000.00)
conditioned that such person will hold the City harmless from liability for damage because of
any negligence in doing, protecting, and completing the permitted work of such person,
company, or firm or employees of said person, company, or firm will keep the work in good and
perfect repair for the time stated in the standard plans and specifications for such work, and
shall be liable on such bond to the City and property owner for any damage, loss, and expense
caused by reason of such person, company, or firm's failure to perform the work according to
the standard specifications, and for any breach of the bond, and on the prompt payment to the
City of any sums becoming due and owing to the City by reason of the City of Dubuque Code
of Ordinances during the life of said bond. Said bond shall be kept in full force and effect for a
period of one (1) year after expiration, cancellation, or revocation of electrical contractor
license or ninety (90) days after the recorded completion of all permitted electrical projects of
this individual, company, or firm, whichever occurs first. Such bond shall be subject to annual
approval by the City Council.
83-9. Expiration of Registration; Renewal; Failure to Renew.
st
(1) Each Dubuque license shall expire on December 31 following the date of its issue and
shall be renewed by the Dubuque Electrical Code Board upon application of the holder of the
st
license and payment of the required fees any time on or before January 1of each year.
Renewal of license shall not be granted to a holder of a license while indebted to the City
under the terms of this Article.
(2) If there is a lapse of over sixty (60) days from the expiration of a license renewal, the
renewal procedure shall be the same as on an original application.
83-10. Suspension of Permit Privilege for Multiple Violations.
Where a licensed electrical contractor is found doing electrical work without an electrical
permit on three (3) separate occasions in one (1) year, a hearing shall be held by the building
official at which time the permit privileges of said electrical contractor may be suspended for a
period of time not to exceed one (1) year. The members of the Dubuque Electrical Code Board
27
as established by Article 81-3 shall be present at such hearings and shall act as advisors to
the building official in determining what course of action should be taken.
83-12. Display of License.
Every holder of a State of Iowa or City of Dubuque electrical license shall be able to
produce their current license when on the job site or when making application for an electrical
permit.
83-13. Transferability.
No license may be loaned, rented, assigned, or transferred. No holder of a valid license
shall obtain a permit under said license and then sub-contract, sell, or otherwise assign the
work covered by said permit to a person or firm who does not have a valid license.
Article 250.104(B) Other Metal Piping.
Where installed in or attached to a building or structure, metal piping system(s), including
gas piping, that is likely to become energized shall be bonded to the service equipment
enclosure, the grounded conductor at the service, the grounding electrode conductor where of
sufficient size, or to the one or more grounding electrodes used. The bonding jumper(s) shall
be sized in accordance with 250.122, using the rating of the circuit that is likely to energize the
piping system(s). The points of attachment of the bonding jumper(s) shall be accessible.
Article 250.104(E) Gas Piping System Bonding Requirement.
This requirement will apply anytime a main electrical service is installed, replaced, or
repaired and the structure has one or more metal fuel gas piping systems. The metal gas
piping system(s) shall be made electrically and mechanically continuous to the grounding
electrode system of the main electrical service by the installation of a bonding connection
which meets all of the following:
(1) The bonding conductor(s) shall not be smaller than a number six (#6) copper
wire.
(2) The bonding conductor(s) shall be bare copper or shall be green insulated wire.
(3) All bonding connections on gas pipe system(s) shall be located (inside or out) not
more than 1.52 m (5 ft) from the point where the gas pipes enter the structure.
(4) No bonding connection on any gas pipe(s) shall be installed before (upstream,
ahead) of any gas meter or other gas company equipment.
(5) All bonding connections on gas pipe system(s) shall be installed only on a rigid
metal portion of the gas pipe, never on a flexible section of gas pipe.
(6) All bonding conductor(s) shall be connected to the gas piping system(s) by
exothermic welding, listed lugs, listed pressure connectors, listed clamps, or other listed
means.
(7) Not more than one conductor shall be installed per listed connector or clamp or
fitting unless the device is listed for multiple conductors.
(8) All bonding connections on the gas piping system(s) shall be accessible when
the building is complete.
(9) Gas piping system(s) shall never be used as the grounding electrode system.
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 0.38m (15 inches), measured from the finished floor height to the center of the
usable part of the device.
28
(2) The maximum height of a required wall mounted electrical device shall not be
greater than 1.22m (48 inches), measured from the floor to the 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 1.17m (46 inches), measured from
the floor to the 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.
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 0.38m (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 1.22m (48 inches), measured from the floor to the 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 1.17m (46 inches), measured from
the floor to the to the center of the usable part of the device.
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:
(1) The minimum height of a required wall mounted electrical device shall not be less
than 0.38m (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 1.22m (48 inches), measured from the floor to the 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 1.17m (46 inches), measured from
the floor to the to the center of the usable part of the device.
Article 408.4(A) Additional Labeling of Electrical Service Panels and Switchboards.
The labeling shall be expanded to include the name of contracting company (installer) and
the contact information for same and shall be installed at or on the main electrical service
panel. Additionally it will list all of the following:
(1) Location(s) of all accessible bolted grounding connections to any metal water
service piping.
(2) Approximate location(s) of all buried ground-rod connections, if any installed.
(3) Approximate location of all bolted grounding connections to reinforcing steel in
foundation if installed.
(4) Location(s) of all accessible bolted bonding connections to building steel and all
other metal piping systems including gas piping, sprinklers, etc.
(5) Location of the intersystem bonding terminal bus bar. Irreversible connections
(compression, exothermic, etc.) are not required to be accessible.
29
Section 3. When Effective: This Ordinance shall take effect on May 1, 2009.
th
Passed, approved and adopted this 16 day of March, 2009.
/s/Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Assistant City Clerk
th
Published officially in the Telegraph Herald Newspaper the 20 day of March, 2009.
/s/Kevin S. Firnstahl, Assistant City Clerk
Request for Proposals – Historic Millwork District Energy Analysis: City Manager
recommending approval of the issuance of a Request for Proposals for a District Energy
Analysis for the Historic Millwork District. Motion by Jones to receive and file the documents
and approve the recommendation. Seconded by Braig. Motion carried 6-0.
Dubuque Sustainable Design Assessment Team (SDAT) Final Report: City Manager
recommending approval of the Dubuque SDAT Final Report and the status report on the
Dubuque SDAT recommendations for incorporation into the Sustainable Dubuque Initiative.
Motion by Jones to receive and file the documents and approve the recommendation.
Seconded by Connors. Responding to questions by City Council, Planning Services Manager
Laura Carstens explained that the SDAT recommendations will go to the Sustainable Dubuque
Task Force and a compilation would come back to Council for discussion at a later date.
Motion carried 6-0.
Pre-Disaster Mitigation Plan: City Manager requesting the appointment of up to two City
Council representatives to serve on the Pre-Disaster Mitigation Plan (PDMP) Committee.
Motion by Connors to receive and file the document and appoint Council Members Joyce
Connors and Ric Jones to the Pre-Disaster Mitigation Plan Committee. Seconded by Resnick.
Motion carried 6-0.
There being no further business, upon motion the City Council adjourned at 7:08 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
30