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International Residential Code 2009Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: 2009 International Residential Code DATE: July 14, 2010 MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Rich Russell, Building Services Manager Michael C. Van Milligen Dubuque heril All-Ammica cnr 2007 Building Services Manager Rich Russell recommends City Council approval to amend the City Ordinance by adopting the 2009 International Residential Code published by the International Code Council and also recommending the adoption of amendments recommended by the Building Code Board of Appeals. This amendment will allow general contractors, architects, system designers and Building Services staff members to use an up -to -date residential code and will help to maintain the City's Insurance Services Organization (ISO) rating. The City of Dubuque adopted the 2006 edition of the International Residential Code on July 17, 2007. I concur with the recommendation and respectfully request Mayor and City Council approval. Masterpiece on the Mississippi July 14, 2010 TO: Michael C. Van Milligen, City Manager FROM: Rich Russell, Building Services Manager !A-/\-/` RE: Adoption of the 2009 International Residential Code Dubuque krall 111- America City 2007 RECOMMENDATION: I recommend the 2009 International Residential Code be adopted as amended. / have attached an ordinance for the City Council's use. INTRODUCTION: The purpose of this memo is to recommend the amending of the City Ordinance by adoption of the 2009 International Residential Code (IRC) published by the International Code Council, Inc. and also recommend the adoption of amendments recommended by the Building Code Board of Appeals. BACKGROUND: 1. The City of Dubuque adopted the 2006 edition of the International Residential Code on July 17, 2007 by the approval of City Ordinance 42 -07. 2. The Building Code Board of Appeals met on June 16, 2010 to discuss the adoption of the 2009 International Residential Code. 3. The Board recommended not including the requirement for residential sprinklers. 4. The Board recommended adoption of the 2009 International Residential Code with the attached amendments. DISCUSSION: The adoption of the 2009 International Residential 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 2009 edition will help us maintain our Insurance Services Organization (ISO) rating. The Dubuque Homebuilder's Association has two of its members on the Building Code Board of Appeals. Their involvement and support have been an integral part of this process. Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381 ORDINANCE NO. 42-10 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE B INTERNATIONAL RESIDENTIAL CODE, SECTION 14-1B-1 INTERNATIONAL RESIDENTIAL CODE ADOPTED AND SECTION 14-1B-2 INTERNATIONAL RESIDENTIAL CODE AMENDMENTS BY REPEALING SUCH SECTIONS AND ENACTING NEW SECTIONS 14-1B-1 AND 14-1B-2 ADOPTING THE 2009 INTERNATIONAL RESIDENTIAL 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 14-1B-1 of the City of Dubuque Code of Ordinances is amended by enacting a new Section 14 -1 B -1 as follows: Sec. 14 -1 B -1. International Residential 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 Residential 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, remodeling, maintenance, repair, and reconstruction of one and two family residential buildings and in all matters covered by such building code within the corporate limits of the city and shall be known as the "Dubuque Residential Building Code." A copy of the International Residential Code, 2009 Edition, as adopted, shall be on file in the office of the city clerk for public inspection. Section 2. Section 14-1B-2 of the City of Dubuque Code of Ordinances is amended by enacting the following additions, deletions, modifications, or amendments of the International Residential Code, 2009 Edition, adopted in Section 14 -1B -1 to read as follows: Sec. R103.1. Creation of enforcement agency. There is hereby established in the city the building services department, which shall be under the jurisdiction of the building official. 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. The building official is authorized to grant, in writing, one or more extensions of time, for periods not to exceed 180 days. The extensions shall be requested in writing and justifiable cause demonstrated. Sec. R112. Building Code and Advisory Appeals Board. An appeal of a decision rendered under the International Residential Code shall be brought to the Building Code and Advisory Appeals Board as outlined in City of Dubuque Code of Ordinances, Title 14, Chapter 1, Article A. Sec. R113. 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 I 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. 310.1. Emergency Escape and Rescue Required. Basements, habitable attics, and every sleeping room shall have at least one (1) operable emergency escape and rescue opening. Where basements contain one or more sleeping rooms, emergency egress and rescue openings shall be required in each sleeping room. Where emergency escape and rescue openings are provided they shall have a sill height of not more than 44 inches (1118 mm) above the floor. Where a door opening having a threshold below the adjacent ground elevation serves as an emergency escape and rescue opening and is provided with a bulkhead enclosure, the bulkhead enclosure shall comply with Section R310.3. The net clear opening dimensions required by this section shall be obtained by the normal operation of the emergency escape and rescue opening from the inside. Emergency escape and rescue openings with a finished sill height below the adjacent ground elevation shall be provided with a window well in accordance with Section R310.2. Emergency escape and rescue openings shall open directly into a public way, or to a yard or court that opens to a public way. EXCEPTIONS: EXCEPTIONS: 1. Basements used only to house mechanical equipment and not exceeding total floor area of 200 square feet (18.58 m2). 2. Basements without bedrooms that provide a second stairway that terminates in a room separate from the first stairway. 3. The finished sill height may exceed 44 inches (1118 mm) above the floor if approved by the building official and the following conditions are met: a. The exterior finish grade is more than 36 inches (914 mm) above the interior floor level of the room, OR altering the exterior configuration of the building would adversely affect the historical significance of the building. b. A platform capable of supporting a live Toad of 300 pounds shall be permanently affixed at the interior of the window. 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. c. The escape or rescue window shall comply with Section R310.2. d. The building is equipped with smoke detectors installed in accordance with Section R313. Sec. R311.7.7.2. Continuity. Handrails for stairways shall be continuous for the full length of the flight, from a point directly above the top riser of the flight to a point directly above the lowest riser of the flight. Handrail ends shall be returned or shall terminate in newel posts or safety terminals. Handrails adjacent to a wall shall have a space of not less than 1 1 /2 inch (38 mm) between the wall and the handrails. 1. Handrails shall be permitted to be interrupted by a newel post at a turn. 2. The use of a volute, turnout or starting easing shall be allowed over the lowest tread. 3. Top rails may be interrupted by walls. Sec. R313. Automatic Fire Sprinkler Systems is hereby amended by repealing such section. Sec. R404.1.2. Concrete Foundation Walls. Concrete foundation walls that support Tight -frame walls shall be designed and constructed in accordance with the provisions of this section, ACI 318, ACI 332 or PCA 100. Concrete foundation walls that support above -grade concrete walls that are within the applicability limits of Section R611.2 shall be designed and constructed in accordance with the provisions of this section ACI 318, ACI 332 or PCA 100. When ACI 318, ACI 332, PCA 100 or the provisions of this section are used to design concrete foundation walls, project drawings, typical details, and specifications are not required to bear the seal of the architect or engineer responsible for design, unless otherwise required by the state law of the jurisdiction having authority. EXCEPTION: The following reinforcement requirements may be used as an alternative for 8" (204 mm) thick concrete foundation walls between 96 (2438 mm) and 120 inches (3048 mm) in height: #4 bars 20 inches (508 mm) on center vertically and #4 bars 24 inches (610 mm) on center horizontally. Sec. P2603.6. Freezing. As Dubuque requires a winter design temperature of 32 degrees Fahrenheit (0 degrees Celsius) or lower as shown in Table R301.2(1) of this code, a water, soil or waste pipe shall not be installed outside of a building, in exterior walls, in attics or crawl spaces, or in any other place subjected to freezing temperature unless adequate provision is made to protect it from freezing by insulation or heat or both. Water service pipe shall be installed not less than 6 inches (152 mm) below the frost line. Sec. P3114.3. Where permitted. Individual vents, branch vents, circuit vents and stack vents shall be permitted to terminate with a connection to an air admittance valve when approved by the building official or their agent in cases where structural or existing conditions do not allow for the termination of a vent to the exterior of the structure. Individual and branch type air admittance valves shall vent only fixtures that are on the same floor level and connect to a horizontal branch drain. Part VIII "Electrical" is hereby amended by deleting Chapters 34 -43 in their entirety. Section 3. This ordinance shall take effect on publication. Passed, approved and adopted the day of , 2010. Att st: e anne F. Schneider, City Clerk L( Roy D. uol, Mayor