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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 THE C Dubuque DUUB-.-*.-TE *Awiu Ciq ' iece on the Mississippi Masterpiece PP zoo�•zoi 2-2013 zoi7*2019oi9 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. k�4 lazl�- Micliael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Alexis Steger, Housing and Community Development Director THE CITYF DUiYB- E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Alexis Steger, Housing and Community Development Director Dubuque AII•Ameriea Cif 1II��r 2007-2012.2013 2017*2019 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. � P 4"J Roy D. Bj ol, Mayor Attest: Nz'i&"'e ;;7/, h a-g&-"2 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