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International Building Code 2009Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: 2009 International Building Code DATE: July 14, 2010 Building Services Manager Rich Russell recommends City Council approval to amend the City Ordinance by adopting the 2009 International Building Code published by the International Code Council. This amendment will allow general contractors, architects, system designers and Building Services staff members to use an up -to -date building code and will have a positive impact on the Insurance Services Organization (ISO) rating of the City of Dubuque's Building Services Department. The City of Dubuque adopted the 2006 version of the International Building Code on July 16, 2007. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Rich Russell, Building Services Manager Michael C. Van Milligen Dubuque kierti All- Amedcacny 1111 ! 2007 Masterpiece on the Mississippi July 14, 2010 TO: Michael C. Van Milligen, City Manager FROM: Rich Russell, Building Services Manager 1/l/�' RE: Adoption of the 2009 International Building Code Dubuque htld All- America City 2007 INTRODUCTION: The purpose of this memo is to recommend the amending of the City Ordinance by adoption of the 2009 International Building Code (IBC) published by the International Code Council, Inc. BACKGROUND: The City of Dubuque adopted the 2006 edition of the International Building Code on July 16, 2007 by the approval of City Ordinance 43 -07. The Building Code Board of Appeals met on June 16, 2010 to discuss the adoption of the 2009 International Building Code. DISCUSSION: The adoption of the 2009 International Building Code will continue to allow general contractors, architects, system designers and Building Services staff members to use an up -to -date building code. The adoption of the Building Code will continue to have a positive impact on the Insurance Services Organization rating of the City of Dubuque's Building Services Department. Two members of the Building Code Board represent companies that specialize in construction that will be regulated by this code. Jim Kolf of Durrant and Rich Luchsinger of Conlon Construction have been an integral part of this process. RECOMMENDATION: I recommend the 2009 International Building Code be adopted. / have attached an ordinance for the City Council's use. Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381 ORDINANCE NO. 41-10 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE,14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE A BUILDING CODE AND REGULATIONS, SECTION 14 -1A -1 INTERNATIONAL BUILDING CODE ADOPTED AND SECTION 14 -1A -2 INTERNATIONAL BUILDING CODE AMENDMENTS BY REPEALING SUCH SECTIONS AND ENACTING NEW SECTIONS 14 -1A -1 AND 14 -1A -2 IN LIEU THEREOF ADOPTING THE 2009 INTERNATIONAL BUILDING CODE AND PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14 -1A -1 of the City of Dubuque Code of Ordinances is amended by repealing Section 14 -1A -1 and enacting a new Section 14 -1A -1 in lieu thereof as follows: Sec. 14 -1A -1. International Building Code - Adopted. Except as hereinafter added to, deleted, modified, or amended, there is hereby adopted by reference as the building code of the city that certain building code known as the International Building Code, 2009 Edition and as published by the International Code Council, Inc., and the .provisions of such building code shall be controlling in the construction of buildings and other structures and in all matters covered by such building code within the corporate limits of the city and shall be known as the "Dubuque Building Code." A copy of the International Building Code, 2009 Edition, as adopted, shall be on file in the office of the city clerk for public inspection. Section 2. Section 14 -1A -2 of the City of Dubuque Code of Ordinances is amended by repealing Section 14 -1A -2 and enacting the following additions, deletions, modifications, or amendments of the International Building Code, 2009 Edition, adopted in Section 14 -1A -1 to read as follows: Sec. 101.2 Scope. The provisions of this code shall apply to the construction, alteration, moving, demolition, repair, maintenance and use of any building or structure within this jurisdiction, except work located primarily in a public way, public utility towers and poles, mechanical equipment not specifically regulated in this code, and hydraulic flood control structures. For additions, alterations, moving and maintenance of buildings and structures, see Chapter 34 of the International Building Code. For temporary buildings and structures, see Section 3103 of the International Building Code. Historic buildings. Repairs, alterations and additions necessary for the preservation, restoration, rehabilitation, continued use or change of use of a historic building may be made in compliance with the provisions of the 1997 Edition of the Uniform Code for Building Conservation (UCBC) or Title 14, Chapter 5 of the City of Dubuque Code of Ordinances. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Wherever in this code reference is made to the appendix, the provisions in the appendix shall not apply unless specifically adopted. Sec 101.4.4. Property Maintenance. The provisions of the International Property Maintenance Code, excluding Appendix A, shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life, and fire safety hazards; responsibilities of owners, operators, and occupants; and occupancy of existing premises and structures. Sec. 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is completed within one year after its issuance, unless the building is part of a project which, because of its complexity or proportions, will require more time, in which instance the building official may grant permits for the project in phases. The Building Official is authorized to grant, in writing and for justifiable cause, a renewal of a permit for two (2) successive periods of ninety (90) days, for a period not to exceed one - hundred eighty (180) days; provided, that a fee is paid for each renewal as set by the City Manager. All City of Dubuque residential building permits issued prior to July 16, 2007 without an expiration date listed shall expire on October 1, 2010. Sec. 113. Building Code and Advisory Appeals Board. A. Board Created. There is hereby created a Building Code and Advisory Appeals Board. B. Mission. The mission of the Building Code and Advisory Appeals Board shall be to determine the suitability of alternative building materials and methods of building construction, to provide for reasonable interpretation of the provisions of the Building Code, and to advise the City Council on all building construction regulations and procedures. C. Internal Organization and Rules. The Board may adopt rules and regulations to govern its organizational procedures as may be necessary and which are not in conflict with City or State Code. D. Procedures for Operation. All administrative, personnel, accounting, budgetary, and procurement policies of the City shall govern the Board in all its operations. E. Membership. 1. The Building Code Advisory and Appeals Board shall consist of five (5) residents of the City of Dubuque, appointed by the City Council. 2. Special Qualifications. a. One (1) member shall be an architect or engineer registered in the State of Iowa; b. One (1) member shall be a general building construction contractor; c. One (1) member shall be a journeyman carpenter; and, d. Two (2) members shall be from the public at- large. F. Terms. The term of office for members of the Building Code Advisory and Appeals Board shall be three (3) years. All officers shall be eligible to serve successive terms of office. G. Vacancies. Vacancies caused by death, resignation, or otherwise shall be promptly filled by the City Council for the unexpired term of office. H. Officers /Organization. The Board shall choose annually, from its own membership, a chairperson and vice chairperson, each to serve a term of one (1) year. The building official, or designee, shall be secretary of the Board. The Board shall fill vacancies among its officers for the remainder of the unexpired term. Meetings. 1. Regular Meetings. The Building Code Advisory and Appeals Board shall meet upon call of the chairperson, secretary or city manager. 2. Special Meetings. Special meetings may be called by the chairperson or at the written request of three (3) members by giving at least twenty -four (24) hours notice to every other member of the Commission. The call for a special meeting shall include an agenda and only matters included in that agenda may be acted on at the meeting. 3. Open Meetings. All meetings shall be called and held in conformance with the Iowa Open Meetings Law. 4. Attendance. a. In the event a member of the Building Code Advisory and Appeals Board, created by this Chapter, has been absent for three (3) or more consecutive meetings of the Board, without being excused by the chairperson, it shall be grounds for the Board to recommend to the City Council that the position be declared vacant and a replacement appointed. b. Attendance shall be entered upon the minutes of all meetings. 5. Minutes. A copy of the minutes of all regular and special meetings of the Board shall be filed with the City Council within ten (10) working days after each meeting. 6. Quorum. Three (3) members of the Board shall constitute a quorum for the transaction of business. The affirmative vote of at least three (3) members shall be necessary for the adoption of any resolution. J. Compensation. The members of the Building Code Advisory and Appeals Board created by this Chapter shall serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on official Board business and such shall be within the limits established in the City budget. K. Removal. The City Council may remove any member of any board or commission which it has established. L. Powers. The Building Code Advisory and Appeals Board shall have the following powers, duties, and responsibilities: 1. Any person who is aggrieved by a decision of the building official on any requirements resulting from the enforcement of the building code may appeal from such decision to the Building Code Board and said Board shall serve as an appeal board. In case the aggrieved party is a member of said Board, said member shall be disqualified as a member of the Board acting as an appeal board, until the person aggrieved has been heard and a decision rendered. The appeal shall be made by the person aggrieved, giving written notice of such appeal to the building official within seven (7) days of receipt of decision from which the appeal is taken. The Building Code Board sitting as an appeal board shall meet within ten (10) working days after receiving such notice and render a decision within five (5) working days thereafter. Any interested party, including the building official, shall have the right to present their case to the appeal board, whose decision shall be final unless appealed to the district court as provided by law. The board of appeals may reverse or modify a decision of the building official only on finding that: a. The building official had incorrectly interpreted the provision of this code; or, b. The decision of the building official creates an unnecessary hardship upon the appellant. The board of appeals shall require that sufficient evidence or proof be submitted to substantiate any claims made regarding the use of alternates. All appeal hearings shall be conducted in accordance with the procedures specified in this Code. On issues before the Board involving the Americans with Disabilities Act (ADA) the Board may elect to seek input from ADA advocates in the community. If the Board elects to seek input from ADA advocates in the community the Board shall consult with a minimum of two (2) individuals. M. Limitations of Authority. The board of appeals shall have no authority relative to interpretation of the administrative provisions of this Code nor shall the Board be empowered to waive requirements of this Code. In so modifying or reversing such decision of the building official, the board of appeals may authorize any alternate to the decision of the building official and the provisions, provided it finds the proposed material or method of construction is satisfactory for the use intended and complies with the provisions of this Code, and that the material, method, or work offered is, for the purpose intended, at least equivalent to that prescribed by this Code in suitability, strength, effectiveness, durability, fire resistance, and safety. Sec. 114 Violations It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. The doing of any act, or the omission of any act, declared to be unlawful by this code, or any code or ordinance herein adopted by reference shall be deemed a separate offense for each and every day or portion thereof during which any such unlawful act is committed, continued or permitted and upon conviction shall be punishable as provided in Title 1 of the Code of Ordinances. The penalty herein provided shall be cumulative with and in addition to the revocation, cancellation or forfeiture of any license or permit elsewhere in this code provided for violation thereof. Sec. 116. Unsafe Structures and Equipment All buildings or structures regulated by this code which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life are, for the purpose of this section, unsafe. Any use of buildings or structures constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use. Parapet walls, cornices, spires, towers, tanks, statuary and other appendages or structural members which are supported by, attached to, or a part of a building and which are in deteriorated condition or otherwise unable to sustain the design loads which are specified in this code are hereby designated as unsafe building appendages. All such unsafe buildings, structures or appendages are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in Title 14, Chapter 3 of the Code of Ordinances. Att- st: Section 3. This Ordinance shall take effect on publication. Passed, approved and adopted the 19 thday of July , 2010. Jeanne F. Schneider, City Clerk Roy D. uol, Mayor