Proposed Change to Building Code Amendments Modifying Window Sill Height Requirements for Existing PropertiesCity of Dubuque
City Council Meeting
Action Items # 5.
Copyrighted
May 3, 2021
ITEM TITLE: Proposed Change to Building Code Amendments Modifying Window
Sill Height Requirements for Existing Properties
SUMMARY: City Manager recommending City Council approval of an amended
ordinance to adopt changes to the International Property Maintenance
Code and the International Existing Building Code.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 14
Building and Development, Chapter 1 Building Codes, Article J Property
Maintenance Code, Section 14-1 J-2 International Property Maintenance
Code Amendments
ORDINANCE Amending City of Dubuque Code of Ordinances Title 14
Building and Development, Chapter 1 Building Codes, Article K
International Existing Building Code, Section 14-1 K-2 International
Existing Building Code Amendments
SUGGESTED Suggested Disposition: Receive and File; Motion B; Motion A
DISPOSITION:
ATTACHMENTS:
Description
Building Code Amendments Modifying Window Sill
Height Requirements-MVM Memo
Staff Memo
14-1J-2 041321
14-1K-2 041321
Unified Building Code of 1973
City Council Ordinance Adopting UBC of 1973
Suggested Motion Wording
Type
City Manager Memo
Staff Memo
Ordinance
Ordinance
Supporting Documentation
Supporting Documentation
Supporting Documentation
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Proposed Change to Building Code Amendments Modifying Window Sill
Height Requirements for Existing Properties
DATE: April 28, 2021
The City of Dubuque adopts the International Code Council Building Codes to ensure
the safety of structures in the City. These codes provide minimum requirements for
safety and are intended to be modified as needed for specific local conditions that are
unique to a municipality.
On September 21, 2020, the City adopted Ordinances that amend the Building Codes
pertaining to Emergency Escape and Rescue Openings. These amendments were
made with the intent of creating uniform and useable code language, and to set clear
defined standards to ensure the size of the Emergency Escape and Rescue window
openings.
When the Code amendments were proposed and adopted in September 2020, it was
anticipated that there would be existing windows that met code when installed but had
sill heights that would not be adequate. The inclusion of a platform was intended to
provide a cost effective alternative to having to lower the windows. While that solution
is viable, it has become apparent that a platform of the size required, 24" deep and the
width of the window opening, presents additional concerns. Due to the size, tenants are
likely to cover or even remove the platforms.
Not anticipated was the number of units that would be affected by the sill height change.
We have identified approximately 2,000 housing units that were built between 1964 and
1979. If these units were built to code, they have the potential to have 48" sill heights
that were code compliant at the time of construction but would require modification or a
platform under the current code amendments. By changing the maximum sill height
requirement in the International Property Maintenance Code and the International
Existing Building Code from 44" to 48", many existing units could remain code compliant
in their current condition.
It is very important for safety of occupants to have Emergency Escape and Rescue
Openings that are large enough for an effective rescue in the event of a fire, or other
event causing the main route of escape to be unavailable. However, this safety must be
balanced with cost of upgrading those Emergency Escape and Rescue Openings, and
other measures that can be taken to increase safety at a lesser cost.
Housing and Community Development Director Alexis Steger recommends City Council
approval of an amended ordinance to adopt changes to the International Property
Maintenance Code and the International Existing Building Code.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Micliael C. Van Milligen
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Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Alexis Steger, Housing and Community Development Director
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TO: Michael C. Van Milligen, City Manager
FROM: Alexis Steger, Housing and Community Development Director
Dubuque
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2007-2012.2013
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SUBJECT: Proposed change to Building Code Amendments modifying window sill
height requirements for existing properties.
DATE:
April 27, 2021
Introduction
The purpose of this memorandum is to request the City Council adopt modified building
code amendment ordinances with respect to the required sill heights for windows used
as Emergency Escape and Rescue Openings (EERO).
Background
The City of Dubuque adopts the International Code Council Building Codes to ensure
the safety of structures in the City. These codes provide minimum requirements for
safety and are intended to be modified as needed for specific local conditions that are
unique to a municipality.
On September 21, 2020 the City adopted Ordinances that amend the Building Codes
pertaining to Emergency Escape and Rescue Openings. These amendments were
made with the intent of creating uniform and useable code language, and to set clear
defined standards to ensure that the size of the Emergency Escape and Rescue
window openings.
A second component of the building codes, as amended, requires windows used as
EEROs to be no more than 44 inches from the floor to the openable area of the window.
The amended code allows the installation of a permanently affixed platform to meet the
44 inch maximum, if approved by the Building Code Official.
Discussion
Prior to 1979, windows used as EEROs were allowed to be 48 inches from the floor to
the openable area. A copy of the 1973 code is attached for reference
When the Code amendments were proposed and adopted in September 2020, it was
anticipated that there would be existing windows that met code when installed but had
sill heights that would not be adequate. The inclusion of a platform was intended to
provide a cost effective alternative to having to lower the windows. While that solution is
viable, it has become apparent that a platform of the size required, 24" deep and the
width of the window opening, presents additional concerns. Due to the size, tenants are
likely to cover or even remove the platforms.
Not anticipated, was the number of units that would be affected by the sill height
change. We have identified approximately 2,000 housing units that were built between
1964 and 1979. If these units were built to code, they have the potential to have 48" sill
heights that were code compliant at the time of construction but would require
modification or a platform under the current code amendments. By changing the
maximum sill height requirement in the International Property Maintenance Code and
the International Existing Building Code from 44" to 48", many existing units could
remain code compliant in their current condition.
It is very important for safety of occupants to have EEROs that are large enough for an
effective rescue in the event of a fire, or other event causing the main route of escape to
be unavailable. However, this safety must be balanced with cost of upgrading those
EEROs, and other measures that can be taken to increase safety at a lesser cost.
Recommendation
respectfully request the City Council approve the amended ordinance as presented, to
adopt the changes to the International Property Maintenance Code and the International
Existing Building Code.
Cc: Crenna Brumwell, City Attorney
Kevin Esser, Fire Marshall
Prepared by: Crenna M, Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 17-21
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE J PROPERTY
MAINTENANCE CODE, SECTION 14-1J-2 INTERNATIONAL PROPERTY
MAINTENANCE CODE AMENDMENTS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14-1 J-2 of the City of Dubuque Code of Ordinances is amended
to read as follows:
14-1J-2: INTERNATIONAL PROPERTY MAINTENANCE CODE AMENDMENTS:
The following additions, deletions, modifications, or amendments of the International
Property Maintenance Code, 2018 edition, adopted in section 14-1J-1 of this article to
read as follows:
Section 702.4. Emergency escape openings. Amended to read:
702.4. Emergency escape openings. Required emergency escape and rescue
openings shall be operational from the inside of the room without the use of keys,
tools or special knowledge. Bars, grilles, grates or similar devices shall be
permitted to be placed over emergency escape and rescue openings provided that
the minimum net clear openable area is met and such devices shall be releasable
or removable from the inside without the use of a key, tool, special knowledge, or
force greater than that which is required for normal operation of the escape and
rescue opening.
Where required, existing emergency escape and rescue openings shall have a
minimum net clear opening of 4.0 square feet. The minimum net clear opening
height dimension shall not be less than 24 inches. The minimum net clear opening
width shall not be less than 20 inches. The net clear opening dimensions shall be
the result of normal operation of the opening.
Exception: Window replacements permitted between April 11, 2016 and the
effective date of this ordinance that serve as the required emergency escape and
rescue opening will be allowed to remain as long as they meet the following
requirements:
a. Window was permitted as required by the City of Dubuque.
b. Window was approved as code compliant as documented by the City
of Dubuque.
When windows are provided as the emergency escape and rescue opening they
shall have a finished sill height not more than 48 inches above the floor. An existing
finished sill height may exceed 48 inches (1219 mm) above the floor if the following
conditions are met:
a. A platform capable of supporting a live load of 300 pounds shall be
permanently affixed at the interior of the structure. This platform shall be no
lower than 20 inches (508 mm) above the floor and no higher than 36 inches
(914 mm) above the floor. The distance from the platform to the finished sill
height shall not exceed 36 inches (914 mm). The platform shall extend
outward from the wall a minimum of 24 inches (610 mm) and shall be at
least as wide as the clear openable width of the window, or another
approved method/platform.
b. The emergency escape or rescue window shall comply with
International Residential Code Section R310.2.
C. The building is equipped with smoke alarms installed in accordance
with International Residential Code Section R314.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 3rd day of May, 2021.
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Roy D. Bj ol, Mayor
Attest:
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Adrienne Breitfelder, City Clerk
EFFECT OF AMENDMENT
14-1J-2: INTERNATIONAL PROPERTY MAINTENANCE CODE AMENDMENTS:
The following additions, deletions, modifications, or amendments of the International
Property Maintenance Code, 2018 edition, adopted in section 14-1J-1 of this article to
read as follows:
Section 702.4. Emergency escape openings. Amended to read:
702.4. Emergency escape openings. Required emergency escape and rescue
openings shall be operational from the inside of the room without the use of keys,
tools or special knowledge. Bars, grilles, grates or similar devices shall be
permitted to be placed over emergency escape and rescue openings provided that
the minimum net clear openable area is met and such devices shall be releasable
or removable from the inside without the use of a key, tool, special knowledge, or
force greater than that which is required for normal operation of the escape and
rescue opening.
Where required, existing emergency escape and rescue openings shall have a
minimum net clear opening of 4.0 square feet. The minimum net clear opening
height dimension shall not be less than 24 inches. The minimum net clear opening
width shall not be less than 20 inches. The net clear opening dimensions shall be
the result of normal operation of the opening.
Exception: Window replacements permitted between April 11, 2016 and the
effective date of this ordinance that serve as the required emergency escape and
rescue opening will be allowed to remain as long as they meet the following
requirements:
a. Window was permitted as required by the City of Dubuque
b. Window was approved as code compliant as documented by the City
of Dubuque.
When windows are provided as the emergency escape and rescue opening they
shall have a finished sill height not more than 48 inches above the floor. An existing
finished sill height may exceed 48 inches (1219 mm) above the floor if the following
conditions are met:
a. A platform capable of supporting a live load of 300 pounds shall be
permanently affixed at the interior of the structure. This platform shall be no
lower than 20 inches (508 mm) above the floor and no higher than 36 inches
(914 mm) above the floor. The distance from the platform to the finished sill
height shall not exceed 36 inches (914 mm). The platform shall extend
outward from the wall a minimum of 24 inches (610 mm) and shall be at
least as wide as the clear openable width of the window, or another
approved method/platform.
b. The emergency escape or rescue window shall comply with
International Residential Code Section R310.2.
C. The building is equipped with smoke alarms installed in accordance
with International Residential Code Section R314.
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 18-21
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE K INTERNATIONAL
EXISTING BUILDING CODE, SECTION 14-1 K-2 INTERNATIONAL EXISTING
BUILDING CODE AMENDMENTS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14-1 K-2 of the City of Dubuque Code of Ordinances is amended
to read as follows:
14-1 K-2: INTERNATIONAL EXISTING BUILDING CODE AMENDMENTS:
The following additions, deletions, modifications, or amendments of the International
Existing Building Code, 2018 edition, adopted in section 14-1 K-1 of this article to read as
follows:
Section 505.4 Emergency escape and rescue openings. Amended to read:
Section 505.4 Emergency escape and rescue openings.
Emergency escape and rescue openings shall be operational from the inside of
the room without the use of keys, tools or special knowledge. Bars, grilles, grates
or similar devices shall be permitted to be placed over emergency escape and
rescue openings provided that the minimum net clear openable area is met and
such devices shall be releasable or removable from the inside without the use of
a key, tool, special knowledge, or force greater than that which is required for
normal operation of the escape and rescue opening.
Where required, existing emergency escape and rescue openings shall have a
minimum net clear opening of 4.0 square feet. The minimum net clear opening
height dimension shall not be less than 24 inches. The minimum net clear opening
width shall not be less than 20 inches. The net clear opening dimensions shall be
the result of normal operation of the opening.
Exception: Window replacements permitted between April 11, 2016 and the
effective date of this ordinance that serve as the required emergency escape and
rescue opening will be allowed to remain as long as they meet the following
requirements:
a. Window was permitted as required by the City of Dubuque.
b. Window was approved as code compliant as documented by the City
of Dubuque.
When windows are provided as the emergency escape and rescue opening they
shall have a finished sill height not more than 48 inches above the floor. An existing
finished sill height may exceed 48 inches (1219 mm) above the floor if the following
conditions are met:
a. A platform capable of supporting a live load of 300 pounds shall be
permanently affixed at the interior of the structure. This platform shall be no
lower than 20 inches (508 mm) above the floor and no higher than 36 inches
(914 mm) above the floor. The distance from the platform to the finished sill
height shall not exceed 36 inches (914 mm). The platform shall extend
outward from the wall a minimum of 24 inches (610 mm) and shall be at
least as wide as the clear openable width of the window, or another
approved method/platform.
b. The emergency escape or rescue window shall comply with
International Residential Code Section R310.2.
C. The building is equipped with smoke alarms installed in accordance
with International Residential Code Section R314.
Smoke alarms shall be installed in accordance with Section 907.2.10 of the
International Building Code regardless of the valuation of the alteration.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 3rd day of May, 2021.
Roy D. B ol, Mayor
Attest:
a & &' n e, �r A p-, -, �(
Adrienne Breitfelder, City derk
EFFECT OF AMENDMENT
14-1 K-2: INTERNATIONAL EXISTING BUILDING CODE AMENDMENTS:
The following additions, deletions, modifications, or amendments of the International
Existing Building Code, 2018 edition, adopted in section 14-1 K-1 of this article to read as
follows:
Section 505.4 Emergency escape and rescue openings. Amended to read:
Section 505.4 Emergency escape and rescue openings.
Emergency escape and rescue openings shall be operational from the inside of
the room without the use of keys, tools or special knowledge. Bars, grilles, grates
or similar devices shall be permitted to be placed over emergency escape and
rescue openings provided that the minimum net clear openable area is met and
such devices shall be releasable or removable from the inside without the use of
a key, tool, special knowledge, or force greater than that which is required for
normal operation of the escape and rescue opening.
Where required, existing emergency escape and rescue openings shall have a
minimum net clear opening of 4.0 square feet. The minimum net clear opening
height dimension shall not be less than 24 inches. The minimum net clear opening
width shall not be less than 20 inches. The net clear opening dimensions shall be
the result of normal operation of the opening.
Exception: Window replacements permitted between April 11, 2016 and the
effective date of this ordinance that serve as the required emergency escape and
rescue opening will be allowed to remain as long as they meet the following
requirements:
a. Window was permitted as required by the City of Dubuque.
b. Window was approved as code compliant as documented by the City
of Dubuque.
When windows are provided as the emergency escape and rescue opening they
shall have a finished sill height not more than 48 inches above the floor. An existing
finished sill height may exceed 48 inches (1219 mm) above the floor if the following
conditions are met:
a. A platform capable of supporting a live load of 300 pounds shall be
permanently affixed at the interior of the structure. This platform shall be no
lower than 20 inches (508 mm) above the floor and no higher than 36 inches
(914 mm) above the floor. The distance from the platform to the finished sill
height shall not exceed 36 inches (914 mm). The platform shall extend
outward from the wall a minimum of 24 inches (610 mm) and shall be at
least as wide as the clear openable width of the window, or another
approved method/platform.
b. The emergency escape or rescue window shall comply with
International Residential Code Section R310.2.
C. The building is equipped with smoke alarms installed in accordance
with International Residential Code Section R314.
Smoke alarms shall be installed in accordance with Section 907.2.10 of the
International Building Code regardless of the valuation of the alteration.
1301.1304
Chapter 13
REQUIREMENTS FOR GROUP H OCCUPANCIES
Group H Occupancies Defined
Sec. 1301. Group H Occupancies shall be:
Hotels and apartment houses.
Convents and monasteries (each accommodating more than 10 per-
sons).
For occupancy separations see Table No. 5-B.
For occupant load see Section 3301.
Construction, Height, and Allowable Area
Sec. 1302. (a) General. Buildings or parts of buildings classed in
Group H because of the use or character of the occupancy shall be
limited to the types of construction set forth in Tables No. 5-C and No.
5-D and shall not exceed, in area or height, the limits specified in
Sections 505, 506 and 507.
(b) Special Provisions. Group H Occupancies, more than two sto-
ries in height or having more than 3000 square feet of floor area above
the first story, shall be not less than one -hour fire -resistive construction
throughout.
EXCEPTION: Dwelling units within an apartment house not over
two stories in height may have nonbearing walls of unprotected construc-
tion, provided the units are separated from each other and from corridors
by construction having a fire -resistance rating of not less than one hour.
Openings to such corridors shall be equipped with doors conforming to
Section 3304 (h) or other equivalent protection.
Every apartment house three stories or more in height and contain-
ing more than 15 apartments and every hotel three stories or more in
height containing 20 or more guest rooms, shall have an approved fire
alarm system as specified in the Fire Code.
For Group H Occupancies with a Group F, Division 1 parking
garage in the basement or first floor, see Section 1102 (a).
For attic space partitions and draft stops see Section 3205.
Location on Property
Sec. 1303. For fire -resistive protection of exterior walls and open-
ings, as determined by location on property, see Section 504 and Part
V.
Exit Facilities
Sec. 1304. Stairs, exits, and smokeproof enclosures shall be as spe-
cified in Chapter 33.
All stairs and exits in Group H Occupancies shall open directly upon
a street or alley or upon a yard or court not less than 4 feet in width
directly connected to a street or alley by means of a passageway not
less in width than the stairway opening into such passageway and not
less than 7 feet in height.
83
1304-IM
Buildings more than one story in height shall have no transoms or
ventilating openings from guest rooms to public corridors.
Door openings from guest rooms to public corridors shall be protect-
ed as specified in Section 3304.
Every sleeping room below the fourth floor shall have at least one
window or exterior door approved for emergency exit or rescue.
Where windows are provided they shall have a sill height not more
than 48 inches above the floor.
Windows with a net clear openable area of not less than 5 square
feet with no dimension less than 22 inches shall be deemed to meet
the requirements of this Section provided the sill heights are not over
48 inches above the floor.
Light, Ventilation, and Sanitation
Sec. 1305. (a) Light and Ventilation. All guest rooms, dormitories,
and habitable rooms within a dwelling unit shall be provided with
natural light by means of windows or skylights with an area of not less
than one -tenth of the floor area of such rooms with a minimum of 10
square feet. All bathrooms, water closet compartments, laundry rooms,
and similar rooms shall be provided with natural ventilation by means
of windows or skylights with an area of not less than one -tenth of the
floor area of such rooms with a minimum of 3 square feet.
Not less than one-half of the required window or skylight area shall
be openable to provide natural ventilation.
In lieu of openable windows for natural ventilation, a mechanical
ventilation system may be provided. Such system shall be capable of
providing two air changes per hour in all guest rooms, dormitories,
habitable rooms, and in public corridors. One -fifth of the air supply
shall be taken from the outside. In bathrooms, water closet compart-
ments, laundry rooms, and similar rooms a mechanical ventilation sys-
tem connected directly to the outside, capable of providing five air
changes per hour, shall be provided.
For the purpose of determining light and ventilation requirements,
any room may be considered as a portion of an adjoining room when
one-half of the area of the common wall is open and unobstructed and
provides an opening of not less than one -tenth of the floor area of the
interior room or 25 square feet, whichever is greater.
Required windows shall open directly onto a street or public alley
or a yard or court located on the same lot as the building.
EXCEPTION: Required windows may open into a roofed porch
where the porch:
1. Abuts a street, yard, or court; and
2. Has a ceiling height of not less than 7 feet; and
3. Has the longer side at least 65 percent open and unobstructed.
(b) Sanitation. Every building shall be provided with at least one
water closet. Every hotel and each subdivision thereof where both
sexes are accommodated shall be provided with at least two water
closets located in such building, which shall be conspicuously marked,
one for each sex.
84
1305.1307
Additional water closets shall be provided on each floor for each sex
at the rate of one for every additional 10 guests, or fractional part
thereof, in excess of 10.
Every dwelling unit shall be provided with a kitchen equipped with
a kitchen sink and with bathroom facilities consisting of a water closet,
lavatory and either a bathtub or shower. Each plumbing fixture shall
be equipped with running water necessary for its normal operation.
For other requirements on water closets, see Section 1711.
Yards and Courts
Sec. 1306. (a) Scope. This Section shall apply to yards and courts
having required windows opening therein.
(b) Yards. Every yard shall be not less than 3 feet in width for
one-story and two-story buildings. For buildings more than two stories
in height the minimum width of the yard shall be increased at the rate
of 1 foot for each additional story. For buildings exceeding 14 stories
in height, the required width of yard shall be computed on the basis
of 14 stories.
(c) Courts. Every court shall be not less than 3 feet in width. Courts
having windows opening on opposite sides shall be not less than 6 feet
in width. Courts bounded on three or more sides by the walls of the
building shall be not less than 10 feet in length unless bounded on one
end by a street or yard. For buildings more than two stories in height
the court shall be increased 1 foot in width and 2 feet in length for each
additional story. For buildings exceeding 14 stories in height, the re-
quired dimensions shall be computed on the basis of 14 stories.
Adequate access shall be provided to the bottom of all courts for
cleaning purposes. Every court more than two stories in height shall be
provided with a horizontal air intake at the bottom not less than 10
square feet in area and leading to the exterior of the building unless
abutting a yard or public space. The construction of the air intake shall
be as required for the court walls of the building, but in no case shall
be less than one -hour fire -resistive.
(d) Projection into Yards. Eaves and cornices may project into any
required yard not more than 2 inches for each foot of yard width.
Unroofed landings, porches and stairs may project into any required
yard provided no portion except for guardrails extends above the floor
level of a habitable room and provided further that no such projection
shall obstruct a required exitway.
Room Dimensions
Sec. 1307. (a) Ceiling Heights. Habitable rooms, storage rooms and
laundry rooms shall have a ceiling height of not less than 7 feet 6
inches. Hallways, corridors, bathrooms and water closet rooms shall
have a ceiling height of not less than 7 feet measured to the lowest
projection from the ceiling.
85
t307-1310
I£ any room in a building has a sloping ceiling, the prescribed ceiling
height for the room is required in only one-half the area thereof. No
portion of the room measuring less than 5 feet from the finished floor
to the finished ceiling shall be included in any computation of the
minimum area thereof.
If any room has a furred ceiling, the prescribed ceiling height is
required in two-thirds the area thereof, but in no case shall the height
of the furred ceiling be less than 7 feet.
Any portion of a garage shall have an unobstructed headroom clear-
ance of not less than 6 feet 6 inches above the finish floor to any ceiling,
beam, pipe, or similar construction except for wall -mounted shelves,
storage surfaces, racks, or cabinets.
(b) Floor Area. Every dwelling unit shall have at least one room
which shall have not less than 150 square feet of floor area. Other
habitable rooms except kitchens shall have an area of not less than 70
square feet.
(c) Width. No habitable room other than a kitchen shall be less than
7 feet in any dimension.
Efficiency Dwelling Units
Sec. 1308. An efficiency dwelling unit shall conform to the require-
ments of the Code except as herein provided:
1. The unit shall have a living room of not less than 220 square feet
of superficial floor area. An additional 100 square feet of superficial
floor area shall be provided for each occupant of such unit in excess
of two.
2. The unit shall be provided with a separate closet.
3. The unit shall be provided with a kitchen sink, cooking appliance
and refrigeration facilities each having a clear working space of not less
than 30 inches in front. Light and ventilation conforming to this Code
shall be provided.
4. The unit shall be provided with a separate bathroom containing
a water closet, lavatory, and bathtub or shower.
Shaft Enclosures
Sec. 1309. Exits shall be enclosed as specified in Chapter 33.
Elevator shafts, vent shafts, and other vertical openings shall be
enclosed and the enclosure shall be as specified in Section 1706.
Fire Detection and Fire -extinguishing Systems
Sec. 1310. (a) Fire Detection Systems. Every dwelling unit within
an apartment house shall be provided with approved detectors of
products of combustion other than heat conforming to U.B.C. Standard
No. 43-6 mounted on the ceiling or wall at a point centrally located in
the corridor or area giving access to rooms used for sleeping purposes.
In an efficiency dwelling unit the detector shall be centrally located on
the ceiling of the main room. Where sleeping rooms are on an upper
level, the detector shall be placed at the center of the ceiling directly
86
1310.1313
above the stairway. All detectors shall be located within 12 inches of
the ceiling. Care shall be exercised to insure that the installation will
not interfere with the operating characteristics of the detector. When
actuated, the detector shall provide an alarm.
(b) Fire -extinguishing Systems. When required by other provisions
of this Code, automatic fire -extinguishing systems and standpipes shall
be installed as specified in Chapter 38.
Heating
Sec. 1311. Every dwelling unit and guest room shall be provided
with heating facilities capable of maintaining a room temperature of
70°F. at a point 3 feet above the floor in all habitable rooms.
Special Hazards
Sec. 1312. Chimneys and heating apparatus shall conform to the
requirements of Chapter 37 of this Code and the Mechanical Code.
The storage and handling of gasoline, fuel oil, and other flammable
liquids shall be in accordance with U.B.C. Standard No. 10-1.
Doors leading into rooms in which volatile flammable liquids are
stored or used shall be protected by a fire assembly having a one -hour
fire -protection rating. Such fire assembly shall be self -closing and shall
he posted with a sign on each side of the door in 1-inch block letters
stating: "FIRE DOOR —KEEP CLOSED."
Every room containing a boiler or central heating plant shall be
separated from the rest of the building by not less than a One -Hour
Fire -Resistive Occupancy Separation.
EXCEPTION: A separation shall not be required for such rooms with
equipment serving only one dwelling unit.
Existing Buildings
Sec. 1313. For existing buildings see Appendix, Section 1313.
87
1401.1405
Chapter 14
REQUIREMENTS FOR GROUP I OCCUPANCIES
Group I Occupancies Defined
Sec. 1401. Group I Occupancies shall be:
Dwellings and lodging houses.
For occupancy separations see Table No. 5-B.
For occupant load see Section 3301.
Construction, Height, and Allowable Area
Sec. 1402. Buildings or parts of buildings classed in Group I because
of the use or character of the occupancy shall be limited to the types
of construction set forth in Tables No. 5-C and No. 5-13 and shall not
exceed, in area or height, the limits specified in Sections 505, 506, and
507.
Location on Property
Sec. 1403. For fire -resistive protection of exterior walls and open-
ings, as determined by location on property, see Section 504 and Part
V.
Exit Facilities
Sec. 1404. Stairs and exits shall be provided as specified in Chapter
33,
Every sleeping room below the fourth floor shall have at least one
window or exterior door approved for emergency exit or rescue.
Where windows are provided they shall have a sill height not more
than 48 inches above the floor.
Windows with a net clear openable area of not less than 5 square
feet with no dimension less than 22 inches shall be deemed to meet
the requirements of this Section provided the sill heights are not over
48 inches above the floor.
Light, Ventilation, and Sanitation
Sec. 1405. (a) Light and Ventilation. All guest rooms, dormitories
and habitable rooms within a dwelling unit shall be provided with
natural light by means of windows or skylights with an area of not less
than one -tenth of the floor area of such rooms with a minimum of 10
square feet. All bathrooms, water closet compartments, laundry rooms,
and similar rooms shall be provided with natural ventilation by means
of windows or skylights with an area of not less than one -tenth of the
floor area of such rooms with a minimum of 3 square feet.
Not less than one-half of the required window or skylight area shall
be openable to provide natural ventilation.
In lieu of openable windows for natural ventilation, a mechanical
ventilation system may be provided. Such system shall be capable of
providing two air changes per hour in all guest rooms, dormitories,
habitable rooms, and in public corridors. One -fifth of the air supply
Be
1405.1407
shall be taken from the outside. In- bathrooms, water closet compart-
ments, laundry rooms, and similar rooms a mechanical ventilation sys-
tem connected directly to the outside, capable of providing five air
changes per hour, shall be provided.
For the purpose of determining light and ventilation requirements,
any room may be considered as a portion of an adjoining room when
one-half of the area of the common wall is open and unobstructed and
provides an opening of not less than one -tenth of the floor area of the
interior room or 25 square feet, whichever is greater.
Required windows shall open directly onto a street or public alley
or a yard or court located on the same lot as the building.
EXCEPTION: Required windows may open into a roofed porch
where the porch:
1. Abuts a street, yard, or court; and
2. Has a ceiling height of not less than 7 feet; and
3. Has the longer side at least 65 percent open and unobstructed.
(b) Sanitation. Every dwelling unit shall be provided with a kitchen
equipped with a kitchen sink and with bathroom facilities consisting of
a water closet, lavatory and either a bathtub or shower. Plumbing
fixtures shall be provided with running water necessary for their
operation.
For other requirements on water closets, see Section 1711.
Yards and Courts
Sec. 1406. Yards and courts having required window openings
therein shall comply with the requirements for Group H Occupancies.
Room Dimensions
Sec. 1407. (a) Ceiling Heights. Habitable rooms, storage rooms and
laundry rooms shall have a ceiling height of not less than 7 feet 6
inches. Hallways, corridors, bathrooms and water closet rooms shall
have a ceiling height of not less than 7 feet measured to the lowest
projection from the ceiling.
If any room in a building has a sloping ceiling, the prescribed ceiling
height for the room is required in only one-half the area thereof. No
portion of the room measuring less than 5 feet from the finished floor
to the finished ceiling shall be included in any computation of the
minimum area thereof.
If any room has a furred ceiling, the prescribed ceiling height is
required in two-thirds the area thereof, but in no case shall the height
of the furred ceiling be less than 7 feet.
(b) Floor Area. Every dwelling unit shall have at least one room
which shall have' not less than 150 square feet of floor area. Other
habitable rooms except kitchens shall have an area of not less than 70
square feet.
89
1407.1413
(c) Width. No habitable room other than a kitchen shall be less than
7 feet in any dimension.
A water closet compartment shall be not less than 30 inches in width
and shall provide a clear space in front of the water closet not less than
24 inches.
Shaft Enclosures
Sec. 1408. Dumbwaiter shafts, clothes chutes, and other vertical
openings shall be enclosed and the enclosure shall be as specified in
Section 1706.
Fire -extinguishing Systems
Sec. 1409. Fire -extinguishing systems when installed shall conform
to the requirements of Chapter 38.
Heating
Sec. 1410. Every dwelling unit and guest room shall be provided
with heating facilities capable of maintaining a room temperature of
70T. at a point 3 feet above the floor in all habitable rooms.
Special Hazards
Sec. 1411. Chimneys and heating apparatus shall conform to the
requirements of Chapter 37 of this Code and the Mechanical Code.
Modifications
Sec. 1412. A one-story carport entirely open on two or more sides
need not have a fire separation between the carport and the dwelling.
Windows between the carport and the dwelling shall not be opena-
ble. Doors may be of any type, provided that any sash used in a door
be fixed; doors between a dwelling and a carport shall be self -closing.
Fire Warning System
Sec. 1413. Every dwelling shall be provided with approved detec-
tors of products of combustion other than heat conforming to U.B.C.
Standard No. 43-6 mounted on the ceiling or wall at a point centrally
located in the corridor or area giving access to rooms used for sleeping
purposes. Where sleeping rooms are on an upper level, the detector
shall be placed at the center of the ceiling directly above the stairway.
All detectors shall be located within 12 inches of the ceiling. Care, shall
be exercised to insure that the installation will not interfere with the
operating characteristics of the detector. When actuated, the detector
shall provide an alarm.
90
26 Special Session, January 20, 1975
CITY COUNCIL
Special Session, January. 20,-1975.
Council met at 7,30 P.M. (C.S.T.)
,Present -Mayor 3ustma`nn, Coun-
cilmen Brady, Lundh, : Stackis,
Thoms; City Manager Gilbert D.
C havene i le.
Mayor Justmann read the,`call
and stated that service thereof had
been duly made and this meeting. is
called for the PURPOSE OF:. CON-
DUCTING. A PUBLIC HEARING
ON AN ORDINANCE REVISING
AND RE-ESTABLISHING A BUILD-
ING CODE FOR THE CITY "and
acting upon such other business as
may 'properly come before a regu-
lar meeting of the Council..,:,
Notice of Claini of Mrs. Oswald
J. Holz, in an undetermined
amount, for personal injuries re-
ceived in a fall in the alley behind
J. C. Penney Co., on January 10,
1975, presented -and read. Council-
man Thoms moved that the Notice
of Claim be referred to the City
solicitor for proper proceedings.
Seconded -by Mayor Justmann. Car-
ried by the following vote:
Yeas Mayor Justmann, Coun-
cilmen Brady, Lundh, Stackis,
Thoms.
Nays None.
Notice of Claim of Mrs. Ralph
Brockman, in an undetermined
amount, for personal injuries re-
ceived in a fall at 1835 W. 3rd
Street due to an icy condition on
January 14, 1975, presented and
read, Councilman Thoms moved
that the Notice of Claim be re-
ferred to the City Solicitor for
proper proceedings. Seconded by
Mayor Justmann: Carried by the
following vote:
Yeas — Mayor Justmann, Coun-
cilmen Brady, Lundh, Stackis,
Thoms.
Nays —None,
Proof of Publication, certified to
by the Publisher, of Notice of Pub-
lic Hearing on an Ordinance, re-
establishing a Building Code, Fire
Prevention Code, Creating and es-
tablishing Fire Zones, Regulation
and maintaining, repairing, servic-
ing, installing, altering and inspec-
tion of signs, presented and read.
Councilman Thoms moved that
,he, 'proof of publication be re-
�civad' .and filed. Seconded by
louncilman Lundh. Carried by the
Following vote:
Yeas — Mayor Justmann, Coun-
^ilmen Brady, Lundh, Stackis,
hhoms.
Nays --None.
Communication of Dubuque
Building Trades Employers Assn.
seeking information on certain as-
pects of the proposed code along
with suggestions for improvement
of the proposed building code, pre-
sented and read Councilman
nioins moved that the communi-
cation be received and filed. Sec-
onded by CouncilmanLundh. Car-
ried by the followving vote:
Yeas=-- Mayor 'Justmann, Coun-
cilmen Brady, Lundh, Stackis,
Thoms.
Nays None.
'Councilman Stackis 1iloved to
suspend the rules `to let anyone
present address the Council . if
they so deiire. Seconded by Coun-
cilman Lundh. Carried by the fo1=
lowing vote:
Yeas —Mayor Justmann, Cottnell-
men Brady, Lundh, Stackis, Thorns.
Nays —None.
David Willy, George Deininger,
and Paul Rossiter addressed the
Council as all being in favor of
adoption of the proposed Building
Code Ordinance.
ORDINANCE NO. 3-75
An Ordinance Revising and Re-
establishing a Building Code for.
the City of Dubuque, Iowa, Cre-
ating the Office of Building Of-
ficial, Regulating the Construc-
tion, Alteration; Reconstruction;.
Removal, Maintenance, Use,
Equipment and Inspection of
Buildings and Structures with-
in the City of Dubuque, ,Iowa;
and Fixing Fees. for Such In-
spection and Providing for Pen
alties for Violation of Said Ordi-
nance.
Said Ordinance having been pre-
viously presented and read at the
Council meeting of December 116,
1974, presented for final adoption.
ORDINANCE NO. 3.75
An Ordinance revising and re-estab-
lishing a Building Code for the City of
Dubuque, Iowa, creating the office of
Building Official, regulating the construe-
tion, alteration, reconstruction, removal,
Special Session, January 20, 1975 27
maintenance, use, equipment and inspec-
tion of bulldings and structures within
the City of Dubuque, Iowa; and fixing
fees for such inspection and providing for
penalties for violation of said Ordinance.
NOW, THEREFORE, BE IT ORDAIN-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
SECTION i. That the Uniform Build-
ing Code, 1973 Edition, ' 6e adopted:
Except as hereinafter added to, deleted,
modified or amended, there is hereby
adopted as the Building Code of the City
of Dubuque, Iowa;' that certain Building
Code . known as . the Uniform Building
Code, 1973 Edition, and the Uniform
Building Code Standards, 1973 Edition, ap
prepared and editedby the Internationl
Conference of Building officials of Whita-
tier, California, and the provisions of said
Building Code shall be controlling in the
construction of buildings and other struc-
tures and in all matters covered by said
Building Code within the Corporate Limits
-of the City of Dubuque, Iowa, and shall
be known as the Dubuque Building Code.
SECTION 2. That the Ordinance here.
in adopted shall be published in book
form.
SECTION 3. The Dubuque Building
Code is hereby . amended by repealing.
Section 20.1 of the Uniform Building Code,
1973 'Edition, and replacing said Section
with new Section in lieu thereof as
follows:
Sec. 201 (a) Creation of Department.
There is hereby established in the City of
Dubuque, Iowa, the Building Department
b _
which shall. be under the jurisdiction of
the Building Official.
(b) Qualifications of the Building
Official. The Building Official must be a
Person competent to carry out the intent
and purpose of this Code.
(c) Appointment of Building Official
=
and Assistants. As soon as possible after
the. adoption of this Ordinance and before
the same shall take effect, the City Man-
ager of the City of Dubuque shall appoint
a competent person to fill the office of
Building Official. This person shall hold
-
the office of Building Official during
the
pleasure of the City Manager or until his
successor has been selected and qualified.
The City Manager shall also secure and
appoint sufficient and competent assis-
rants to aid the Building Official in the
performance of his duties.
(d) Organization. The City Council
shall provide the Building Official with
s '
the necessary number of assistants, in-
spectors and other employees as shall be
necessary for the administration of this.
Code.
(e) No official or employee connected
with the department of building insper-
Ain
shall be engaged in or directly or
indirectly connected with the furnishing,
of - labor, materials or appliances for the
construction, alteration or maintenance of
a building, or the preparation of plans or
Of specifications therefor, unless he .is the
owner of the building, nor shall. such
Officer or employee engage' in any work
which conflicts with his official duties or
conflict with the interests of the depart -
SE ' CTION 4. The Dubuque -Building
Codeis hereby amended by repealing
Section 202 of the Uniform Building
Code, 1973 Edition, and . replacing said
Section with a new Section in lieu thereof
as follows:
Sec. 202 (a) mowers and ,.'Duties of
Building Official. The Building Official
is hereby authorized and directed to en-
force all the provisions of this Code, For
such purpose he shall have .the powers of
a police. officer.
(b) Deputies. In accordance with the
procedure and with the approval of the
chief appointing authority of the munici-
pality, the Building Official may appoint
such number of officers, inspectors and
assistants, and other employees as shall be
authorized from time to time. - He may
deputize such employees as may be neces-
sary to carry out the functions of the
Building Department.
(c) Reports and Records. An official
record shall be kept of all business . and
activities . of the Building Department
specified in the provisions of this Code,
anti all such records shall be open to
public inspection.
The Building Official shall keep com-
prehensive records of applications, per-
mits -issued, certificates issued, inspections
made, reports rendered and of notices or
orders issued.
All such records shall be open to public
inspection for good and sufficient reasons
at office hours observed by the City, but
shall not be removed from the office of
the Building Official.
The Building Official shall make writ.
ten reports to the City Manager once each
month, or oftener if requested, including
statements of permits and certificates
issued.
(d) .Right of Entry, Whenever neces-
sary to inake an inspection ,to enforce any
of the provisions of this Code, or when-
ever the Building Official or his author-
ized representative has reasonable cause
to believe that there exists in any build-
ing or upon any premises, any condition
which makes such building or premises
unsafe as defined in Section 203 of this
Code, the Building Official or his auth-
orized representative may enter such build-
ing ar premises at all reasonable times to
inspect the same or to perform any duty
imposed upon the Building Official by
this Code; provided that if such building
or premises be occupied, he shall first pre-
sent proper credential's and demand entry;
and if such building or premises be un-
occupied; he shall first make a reasonable
effort to locate the owner or other per-
28
Special Session, January 20, 1975,
sons having charge or control of the
building or premises and demand entry.
if such entry is refused, the Building
Official or his authorized representative
shall have recourse to every remedy pro-
vided by law to secure entry.
"Authorized Representative" shall in-
clude the officers named in Section 202
(a) and (b) of this Code.
No owner or occupant or any other
person having charge, care or control
of any building or premises shall refuse,
fail or neglect, after proper demand is
made as herein provided, to promptly per-
mit entry therein by the Building Official
or his authorized representative for the
purpose of inspection and examination
pursuant to this Code. Any person violat-
ing this Subsection shall be guilty of a
misdemeanor,
(a) Stop Orders. Whenever any build-
ing work is being done contrary to the
provisions of this Code, the Building
Official may order the work stopped by
giving 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,
(f) Occupancy Violations. Whenever
any structure is being used contrary to
the provisions of this Code, the Building
Official may order such use discontinued
and the structure, or portion thereof,
vacated by notice served on any person
causing such use to be continued. Such
person shall discontinue the use within ten
(10) days after receipt of such notice
or make the structure, or portion thereof,
comply with the requirements of this
Code; provided, however, that in the
event of an unsafe building Section 203
shall apply.
(g) Liability. The Building Official or
any employee charged with the enforce-
ment of this Code for the City, acting in
good faith and without malice in the
discharge of his duties, shall not thereby
become liable personally and he is hereby
relieved from all personal liability for any
damage that may accrue to persons or
property as a result of any act required
or by reason of any act or omission in
the discharge of his duties. Any suit
Brought against the Building Official or
employee, because of such act or omission
performed by him in the enforcement of
any provisions of this Code, shall be
defended by the legal department of the
City until final termination of the pro-
ceedings.
(h) Cooperation of Other Officials.
The Building Official may request, and
shall receive so far as may be necessary
in the discharge of his duties, the assist-
ance and cooperation of other. officials of
the City.
SECTION 5. The Dubuque Building
Code is hereby amended by repealing
Section 203 of the Uniform .:Building
Code, 1973 Edition, and replacing said
Section with a new Section in lieu thereof
as follows:
Sec. 203 Unsafe Buildings. All buildings
or structures which are structurally un-
safe or not provided with adequate egress,
or which constitute a fire hazard, or are
otherwise dangerous to human life, or
which in relation to existing use constitute
a hazard to safety or health, or public
welfare, by reason of inadequate main-
tenance, dilapidation, . obsolescence, fire
hazard, disaster damage, or abandonment,
as, specified in this Code or any other
effective ordinance, are, for the purpose
of this Section, unsafe buildings. All such
unsafe buildings are hereby declared to be
public nuisances and shall be abated by
repair, rehabilitation, demolition or re-
moval in accordance with the procedure
specified in Ordinance No. 35-52 or by
any procedures provided by law.
SECTION 6. The Dubuque Building
Code is hereby amended by repealing
Section 204 of the Uniform Building
Code, 1973 Edition, and replacing. said
Section with a new Section in lieu thereof
as follows:
Sec. 204 Board of Appeals. In order to
determine the suitability of alternate
materials and methods of construction, to
provide for reasonable interpretations of
.the provisions of this Code, and to have
the authority to grant a variation from
the requirements of this Code in specific
individual cases where the strict inter-
pretation of this Code would cause undue
hardship or practical difficulty and the
granting of such variation would not in-
crease the hazards to life or property,
there shall be and is hereby created a
Board of Appeals, consisting of five
members who are qualified by experience
and training to pass upon matters per-
taining to building construction. The
Building Official shall be an ex-officio
member and shall act as Secretary of, the
Board.
The Board of Appeals shall be appoint-
ed by the City Council. "Three members
of the Board shall serve the remainder
of a two year term to expire on Decem-
ber 31, 1975, and the other two members
of the Board shall serve the remainder
of a two year term to expire on Decem-
ber 3I, 1976, or until their successors -are
duly appointed and qualified. All suc-
cessive appointments shall be for two
year terms. The Board shall adopt rea-
sonable rules and regulations for con-
ducting its investigations and shall render
all decisions and findings in writing to
the Building Official with a duplicate
copy to the appellant and may recom-
mend to the City Council such new
legislation as is . consistent herewith.
SECTION 7. The Dubuque Building
Code is hereby amended by repealing
Section 205 of the Uniform Building
Special Session, January 20, 1975 29
Code, .I973 Edition, and replacing said 6. State the valuation of the proposed
Section' with a new Section irr lieu there- work;
of: as follows: 7. Be signed b the
epermittee, or his
Sec; 205 'Violations and penalties:- It authorized agent, who may be re -
shall be unlawful for any person, firm or gwred to submit evidence to indi-
corporarion to erect, construcfi; enlarge, cote such authority;
alter, 'repair, move, improve, convert, $• Give .such other information as rea-
demolish, equip; use, occupy, or main- sonawy may be required 'by the
tain any building or structure in the=City, Building official.
br cause the same to be donee, contrary to'or in violation of (c) Plans and-SpecifiFatians; With each
of the Code. any of the provisions application for a .building permit and
when. required by the Buildin
Any person, firm, or corporation far enforcement of any provisions Bs of this
Official
.
violating any of the provisions of this Code, two sets of plans and specifications
ode shall be deented guilty of a mis- shall be submitted: All plans and specifi-
deruganor, and each such persons shall cations shall be sealed or stamped by a
be deemed guilty of a separate offense registered professional architect or regis-
for each and every day. during which any tered professional. engineer, except build_ violation Of any of the provisions of this ing in the following ,.,Cr'
Code is committed, continued, or per- (I)' Single or two family dwellings
mitred; and upon conviction of any such and associated accessory buildings.
violation; such person 'shall be punishable
bye a fine of not less than $10.00 nor . (2) Apartment buildings uesd exclu-
more than $100.00 or byr imprisonment sively' as the residence of not more
not exceeding thirty (34) days. than two families.
SECTION S. The Dubuque Building (3) Factories, offices, garages, Ware -
Code is hereby amended by repealing Sea house and mercantile buildings con-
'tion 301 of the Uniform Building Code, taining less than Modo cubic feet
1973 'Edition, and updating said Section volume, providing they. have no
wirh a hew Section in lieu thereof as floor or roof spans greater than
follows: 30 feet and are not more than two
Chapter 3 stories high. '
PERMITS AND INSPECTIONS (4) Alterations - to or remodeling of
Application for Permits:
buildings- or structure9 where no
part: of the basic structure is..dis-
Sec.. 301 (a) Permits .Required. No turbed or altered,
Person'. firm, or corporation shall erect, (d) Information on Plans and Speci-
construct, enlarge, alter, repair, move, ficalious. Plans and specifications shall be
improve, remove, convert, or demolish drawn to 'scale upon substantial paper or
'any. building or. structure in the City, or cloth and shall be of sufficient clarity to
cause. the same to be done, without first indicate the nature and extent of the
obtaining a separate building permit for work proposed and show in detail that it
£: each such building or structure from the will conform to the provisions of this
7 Building Official. Application for permits Code and all relevant jaws, ordinances,
may ' be made by the. owner- or lessee, or rules and regulations. The first sheet of
agent of either, or the architect, engineer. each set of plans shall give.the house
s or builder employed in connection with the and street address of the work and the
proposed work.
name and address of the owner and per.
(b) Application. To obtain a permit son who prepared them. Plans shall in -
the 'applicant shall first file an appli- elude a plot plan showing the location
' cation therefor in writing on a form Of the proposed building and of every
furnished for that purpose. Every such existing building on the property. In lieu
Application shall: of detailed I. specifications, the Building
. 'Stara the name o£ the property Official may approve referenceson the
owner; plans to a specific section or part of this
2. Identify and describe the work to Code or other ordinances or laws.
be covered, by the permit for which Computations, stress diagrams, and other
application is da
made; ta sufficient to show the correctness of
3. Describe the land on which the pro -
Posed work is to be done,' by lot quired by the Building Official. Plans for
block, tract, and house and street buildings more than two stories in Height
address, or similar description that of other than Groups I and J Occupan-
will: readily identify and definitely cies shall indicate how required structural
locate the proposed building or and fire -resistive integrity will be main -
work; tained where a penetration will be made
for electrical, 4. Indicate the use or occupancy for: communication conduits, al' plumbing, and
which the proposed .work is intended;pipes :and similar
systems.
5. Be accompanied by plans and spec- SECTION
ifications as required in Subsection 9. The Dubuque Building
(c) of this Section; Code is hereby amended by repealing Sec-
tion .3.02 of the UniformBuilding Code,
30 Special Session, January 20, 1975
1973• Edition, and replacing said Section
with a new Section in lieu thereof as
follows:
Building Permits:
Sec. 302 (a) Issuance. The application,
plans and specifications filed by an appli-
cant for a permit shall be checked by the
Building Official.. Such plans may be
reviewed by other departments of the city
to check compliance with the laws and
ordinances under their jurisdiction. If the
Building Official is satisfied that the work
described in an application for permit and
the plans filed therewith conform to the
requirements of this Cade, and other per-
tinent laws and ordinances, and that the
fee specified in Section 303 (a) has been
paido he shall issue a permit therefor to
the applicant.
When the Building Official . issues the
parmir, he shall endorse in writing or
stamp on both sets of plans. and specifi-
cations "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 per-
mit for the construction of part of a
building or structure before the entire
plans and specifications ' for the whale
building or structure 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 his awn. risk without
assurance that the permit for the entire
building or structure will be granted.
(b) .Retention of Plans. One set of
approved plans, specifications, and Com-
putations shall be retained by the. Build-
ing Offiical for a period of .not: less than
90 days from date of completion of the
work covered therein, and one set -of
approved plans and specifications shall be
returned to the applicant; which set shall
be kept on such building or work at ally
times during which the work authorized:
thereby is in progress,
(c) Validity. The issuance or granting
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
Coale.. No permit presuming to give
authority to violate or cancel the pro-
visionsof this Code shall be valid, except
insofar as the work or use which it
authorizes is lawful.
The issuance of a permit based upon.
plans, .and specifications- shall not prevent
the Building Official from thereafter re-
quiting the correction of errors in said
plans and specifications or from prevent
:ing building operations being. tarried on
thereunder when in violation of this Code
ott of any other ordinance of the City.
(d) Lxpitation. 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 permit is not
commenced within 90 days from the date
of such permit.
A. permit which has expired by limita-
tion. may be extended for a. period of 90
days at a time, for good and sufficient
reasons; upon written application,: how-
ever, thetotal time for the original permit
and any extensions shall not exceed 270
days,
(e) Suspension or .Revocation. The
Building Official may, in writing, suspend
or revoke a permit issued under provisions
of this Code whenever the permit is
issued in error or on the basis of in-
correct information supplied, or in viola-
tion, of any ordinance or regulation. or
any of the. provisions of this Code.
SECTION 10., The Dubuque Building
Code is hereby amended by repealing Sec-
tion 303 of the Uniform Building Code,
1973 Edition, and replacing said Section
with a new Section, in lieu thereof as
follows.:
Fees:
Sec. 303 (a). Building -.Permit Pees. No
permit as. required by this Code shall be
issued until. the fee, prescribed in this
Ordinance shall have been paid, nor shall
an amendment to a permit be approved
until the additional fee, if any, due to
an increase in the estimated cost of the
building or structure, shall have been paid.
The fee for any building permit shall
be based upon the valuation of the pro-
posed construction work.
The determination of value or valua-
tion under any of the provisions of this
Code shall be made by the Building
Official,
The valuation for new construction
shall include the cost of all building
materials and the usual cost of labor
whether such labor is performed by the
owner or others. Such valuation may ex.
elude the cost of the lot or improvements
to the lot such as - grading, landscaping,
walks or drives, or the cost of the air
conditioning, electrical, heating, plumbing
or ventilation systems for which separate
inspection fees are charged; however; the
approximate value of these items shall be
shown on the permit in the space pro-
vided for that purpose.
The -valuations . for alterations,.,. repairs,
replacement or remodeling: shall include
the east of materials and the usual cost
of Tabor, whether such labor is performed
by the owner or by others, for the in-
staliatfon . or construction of any repair,
replacement or remodeling which becomes
an integral part of the building or struc-
ture.
The Building Official may correct the
stated valuation of any building or struc-
ture if'. such valuation appears to be in-
correct or underestimated.
Where work for which a permit is
required by this Code is started prior to
Special Session,; January .20., 1975 31
obtaining said permit, the fees above spec-
ified shall be doubled, but the paymoiit
51?CTIQN . 1I. The. Dubuque Building
:Code is hereby 'amended
of such double fee shall not relieve any
by: repealing
S "Ctiorl 304 of the Uniform Building
F'
person from fully complying with the
requirements 'Of this Code in the execution
Code, 133 Edition, and replacing said
Section with a new Section in lieu there-
of the work nor .from any other penal-
of as follows:
ties prescribed herein.
Inspections;
=
(b) Fees Not Included, The payinem
of the fees referred to in Section 303 '(a)
Sec. 304 (a) General. All construction
'-
of this 'Code shall not relieve the appli-
or work for which a permit is required
shall be subject
cant, petn"t holder, or other persons from
to inspection by the
Building Official, and certain types
the payment of any other fee or fees that
of
construction sball have :Continuous im
tnary be prescribed by law or by ordinance,
spection by special inspectors, as speci-
(c) :Taivet of Fees. `No fee shall be
fied in Section'305.
rc4uired' for boildings owned and used
- The. -Building Official may require the
exclusively by the City,
applicant to submit a survey of the lot .to
(d) Rrhispeetidn Fee, The fee :for
show .,compliance of - the structure with
snaking a trip of lrsspection upon reelipt
approved plans,
of notice stating a building is ready for
(b) Inspection Reeord Gard. The
inspection when same is not shall N
Building Official shall establish and:main«
$10.00.
taro inspection record cards in the Build-
TABI,L NO.' 3-A
ing 17epRrtmer►t files, indicating :inspec-
.'
Part (a) — BUILDING 'INSPECTION
tions'by date and inspector's mime,
'FEES:
(0 - Approvals Aegnired. No 'Work
VALUATION and FEE
shall be done on any part of the building
$0.00 to $f00:00—$5.00.
orstructure beyond the point indicated
in each successive inspection
$501.00 to $1,100.00 -$f:00 for the
first $54plus $-$0 for each
.without first
obtaining the .written approval of the
$100.00 ad-
ditional i).00 or fraction thereof, to
aird including $'1,900.Q0.
Building Official. Such :wtitten approval
shall. -he given only after an inspection
-
a1f01.00 to $3,004.00 $10,00 for the
shall have been .made of each successive
first $1,f00.o0 plus
p $.40 for each -ad-
step in the construction.. as indicated by
each of the inspections required,in
and $100.00'nor fraction thereof, co
and including $2,000.00.
Sub -
section. (d).
$2,001.00 to $20,000.00•---$12,00 for the
There shall be a final inspection and
first $2,000.00 plus $4.00 for each ad-
approval on all buildings. when completed
=
ditional $1,000.00 or fraction thereoi,-to
and. ready for occupancy.
,..
and including $2o,000,o0.
(d) .Required Inspections. No reinforc-
$28;001.60 to .$50,000,00—$84.00 for
ing steel or structural framework of any
the first $20,000.0o .plus $3.00 for each
part of any building or structure shell
additional $1,000.00 or fraction thereof,
be covered or Concealed in any manner
rau
to and including '$50,080.00:
ithout' first obtaining . the approval of
$50,001,00 to $100,000,00�--$174.00.,,for
the Building Official,
'
`._
the first $f01000,00 -plus $2.00 for each
The Building official, upon notifica-
additional $1.000.00 or fraction thereof,
to and including $100,000:00,
tion from the permit holder 6t his agent,
shall make or cause to be made the fol-
$100,000.01 and up--$274.00 for the
first $100,000,00 plus $1.00 for each ad-
]owing inspections and shall either ap-
prove that
ditional $1,000.00 or fraction thereof.
portion of the construction
as completed or shall notify the permit.
Part (b) — BUILDING
holder or his agent the manner in which
DEMOLITION FEES:
said construction fails to comply with
;.`
'Ono or two family dwellings: $5,00,
the requirements of this code.
Buildings other than one or two family
I. F°ttnddtiors. Inspection: The foun-
dwellings: $10.00.
dation inspection shall be made be -
EXCEPTIONS: 1. No fee shall be '
fore footings are poured.
charged for issuing a permit for any
building
2. Frame Inspection: The frame in-
spection
that is not larger than 12' k 24'
shall be made after the
2. The Building Official may waive the
roof, all framing, fire -blocking and
demolition fee' to a homeowner for an
bracing are in place. and all pipes,
chimneys
unsalvageable, worn-out, one-story build-
ing located 'on the premises on which lie
and vents are complete.
The first inspections of the electri-
resides, provided that the building is not
being wrecked by order or under con-
cal wiring, heating and plumbing
shall have been tirade and approved
demnation procedures.
before the frame inspection is made,
Part (e) -- FEES FOR THE MOVING
3. Prnal Inspection: The final inspec-
tion shall be made after building
OF HOUSES AND LARGER
BUILDING$t
.the
or structure is completed and ready
for occupancy.
-Moving houses and. larger buildings:
$25.00,
(e) Other inspections. In addition to
the called inspections specified above, the
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
05/07/2021
and for which the charge is 56.51
Subscribed to before me, a Notary Public in and for
Dubuque County, Iowa,
this 7th day of May, 2021
Q�,, K Po-,
Nota 0
blic in and for Dubuque County, Iowa.
2 JANE'T K, PAPE
Comaamis,sim Number 199859
y COMM, E.xp, DEC 11, 2022,
Ad text : OFFICIAL
PUBLICATION
ORDINANCE NO. 17-21
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14
BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE J
PROPERTY MAINTENANCE CODE, SECTION 14-1J-2 INTERNATIONAL
PROPERTY MAINTENANCE CODE AMENDMENTS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. Section 14-lJ-2 of the City of Dubuque Code of
Ordinances is amended to read as follows:
14-1J-2: INTERNATIONAL PROPERTY MAINTENANCE CODE AMENDMENTS:
The following additions, deletions, modifications, or
amendments of the International Property Maintenance Code,
2018 edition, adopted in section 14-1J-1 of this article to
read as follows:
Section 702.4. Emergency escape openings. Amended to read:
702.4. Emergency escape openings. Required emergency escape
and rescue openings shall be operational from the inside of
the room without the use of keys, tools or special knowledge.
Bars, grilles, grates or similar devices shall be permitted to
be placed over emergency escape and rescue openings provided
that the minimum net clear openable area is met and such
devices shall be releasable or removable from the inside
without the use of a key, tool, special knowledge, or force
greater than that which is required for normal operation of
the escape and rescue opening.
Where required, existing emergency escape and rescue
openings shall have a minimum net clear opening of 4.0 square
feet. The minimum net clear opening height dimension shall not
be less than 24 inches. The minimum net clear opening width
shall not be less than 20 inches. The net clear opening
dimensions shall be the result of normal operation of the
opening.
Exception: Window replacements permitted between April 11,
2016 and the effective date of this ordinance that serve as
the required emergency escape and rescue opening will be
allowed to remain as long as they meet the following
requirements:
a."Window was permitted as required by the City of Dubuque.
b. "Window was approved as code compliant as documented by
the City of Dubuque.
When windows are provided as the emergency escape and rescue
opening they shall have a finished sill height not more than
48 inches above the floor. An existing finished sill height
may exceed 48 inches (1219 mm) above the floor if the
following conditions are met:
a. "A platform capable of supporting a live load of 300
pounds shall be permanently affixed at the interior of the
structure. This platform shall be no lower than 20 inches (508
mm) above the floor and no higher than 36 inches (914 mm)
above the floor. The distance from the platform to the
finished sill height shall not exceed 36 inches (914 mm). The
platform shall extend outward from the wall a minimum of 24
inches (610 mm) and shall be at least as wide as the clear
openable width of the window, or another approved
method/platform.
b. "The emergency escape or rescue window shall comply with
-International Residential Code Section R310.2.
c. "The building is equipped with smoke alarms installed in
accordance with International Residential Code Section R314.
Section 2. This ordinance shall take effect upon
publication.
Passed, approved, and adopted this 3rd day of May, 2021.
/s/Roy D. Buol, Mayor
Attest: /s/Adrienne N. Breitfelder,
City Clerk
Published officially in the Telegraph Herald newspaper on
the 7th day of May, 2021.
/s/Adrienne N. Breitfelder, City Clerk
It 5/7
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
05/07/2021
and for which the charge is 58.84
Subscribed to before me, a Notary Puic in and for
Dubuque County, Iowa,
this 7th day of May, 2021
-k/ ag=:'
Nota blic in and for Dubuque County, Iowa.
JANET K. PAPE
commission Number 199559
a �„ try Comm, E.xp, DEC 11, 2022
Ad text : OFFICIAL
PUBLICATION
ORDINANCE NO. 18-21
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14
BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE K
INTERNATIONAL EXISTING BUILDING CODE, SECTION 14-1K-2
INTERNATIONAL EXISTING BUILDING CODE AMENDMENTS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. Section 14-1K-2 of the City of Dubuque Code of
Ordinances is amended to read as follows:
14-lK-2: INTERNATIONAL EXISTING BUILDING CODE AMENDMENTS:
The following additions, deletions, modifications, or
amendments of the International Existing Building Code, 2018
edition, adopted in section 14-1K-1 of this article to read as
follows:
Section 505.4 Emergency escape and rescue openings. Amended
to read:
Section 505.4 Emergency escape and rescue openings.
Emergency escape and rescue openings shall be operational
from the inside of the room without the use of keys, tools or
special knowledge. Bars, grilles, grates or similar devices
shall be permitted to be placed over emergency escape and
rescue openings provided that the minimum net clear openable
area is met and such devices shall be releasable or removable
from the inside without the use of a key, tool, special
knowledge, or force greater than that which is required for
normal operation of the escape and rescue opening.
Where required, existing emergency escape and rescue
openings shall have a minimum net clear opening of 4.0 square
feet. The minimum net clear opening height dimension shall not
be less than 24 inches. The minimum net clear opening width
shall not be less than 20 inches. The net clear opening
dimensions shall be the result of normal operation of the
opening.
Exception: Window replacements permitted between April 11,
2016 and the effective date of this ordinance that serve as
the required emergency escape and rescue opening will be
allowed to remain as long as they meet the following
requirements:
a. "Window was permitted as required by the City of Dubuque.
b."Window was approved as code compliant as documented by
the City of Dubuque.
When windows are provided as the emergency escape and rescue
opening they shall have a finished sill height not more than
48 inches above the floor. An existing finished sill height
may exceed 48 inches (1219 mm) above the floor if the
following conditions are met:
a. "A platform capable of supporting a live load of 300
pounds shall be permanently affixed at the interior of the
structure. This platform shall be no lower than 20 inches (508
mm) above the floor and no higher than 36 inches (914 mm)
above the floor. The distance from the platform to the
finished sill height shall not exceed 36 inches (914 mm). The
platform shall extend outward from the wall a minimum of 24
inches (610 mm) and shall be at least as wide as the clear
openable width of the window, or another approved
method/platform. r
b."The emergency escape or rescue window shall comply with
International Residential Code Section R310.2.
c. "The building is equipped with smoke alarms installed in
accordance with International Residential Code Section R314.
Smoke alarms shall be installed in accordance with Section
907.2.10 of the International Building Code regardless of the
valuation of the alteration.
Section 2. This ordinance shall take effect upon
publication.
Passed, approved, and adopted this 3rd day of May, 2021.
/s/Roy D. Buol, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on
the 7th day of May, 2021.
/&/Adrienne N. Breitfelder, City Clerk
It 5/7