International Mechanical Code 2009Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: 2009 International Mechanical 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
kiltgi
AR- Amdlca Cily
1111 ►
2007
Building Services Manager Rich Russell recommends City Council approval to amend
the City Ordinance by adopting the 2009 International Mechanical 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
mechanical 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 edition of the International Mechanical Code on
July 16, 2007.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Masterpiece on the Mississippi
July 14, 2010
MEMORANDUM
TO: Michael C. Van Milligen, City Manager
FROM: Rich Russell, Building Services Manager
RE: Adoption of the 2009 International Mechanical Code
INTRODUCTION: The purpose of this memo is to recommend the amending of the City
Ordinance by adoption of the 2009 International Mechanical Code (IMC) published by
the International Code Council (ICC).
BACKGROUND:
The City of Dubuque adopted the 2006 edition of the International Mechanical Code on
July 16, 2007 by the approval of City Ordinance 40 - -07. The Mechanical Board of
Appeals received copies of the 2009 code and met to discuss the adoption of the 2009
International Mechanical Code.
DISCUSSION: The adoption of the 2009 International Mechanical Code will allow
general contractors, architects, system designers and Building Services staff members
to use an up to date mechanical code. The adoption of the Mechanical Code will have a
positive impact on the Insurance Services Organization (ISO) rating of the City of
Dubuque's Building Services Department.
Mechanical Board members work in most of the activities regulated by the code. The
Mechanical Board recommends adoption of the 2009 International Mechanical Code.
RECOMMENDATION: I recommend the 2009 International Mechanical Code be
adopted. 1 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. 44-10
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING
DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE F INTERNATIONAL
MECHANICAL CODE, SECTION 14-1F-1 INTERNATIONAL MECHANICAL CODE
ADOPTED BY REPEALING SUCH SECTION AND ENACTING A NEW SECTION IN
LIEU THEREOF AND SECTIONS 14-1F-2 AND 14-1F-3 INTERNATIONAL
MECHANICAL CODE AMENDMENTS PROVIDING FOR THE ADOPTION OF THE
INTERNATIONAL MECHANICAL CODE (2009) AND MAKING AMENDMENTS
THERETO
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14-1F-1 of the City of Dubuque Code of Ordinances is
amended by repealing Section 14-1F-1 and enacting a new Section 14-1F-1 in lieu
thereof as follows:
14 -1 F -1: INTERNATIONAL MECHANICAL CODE ADOPTED:
Except as hereinafter added to, deleted, modified or amended, there is hereby adopted
by reference as the mechanical code of the city that certain mechanical code known as
the international mechanical code, 2009 edition, and the provisions of such mechanical
code shall be controlling for the installation, maintenance and use of heating, ventilating,
cooling, refrigeration systems, incinerators and other miscellaneous heat producing
appliances within the ,corporate limits of the city and shall be known as the Dubuque
mechanical code. A copy of the international mechanical code, 2009 edition, as
adopted, shall be on file in the office of the city clerk for public inspection.
Section 2. Sections 14-1F-2 and 14-1F-3 of the City of Dubuque Code of
Ordinances are amended by repealing Sections 14-1F-2 and 14-1F-3 and enacting the
following additions, deletions, modifications, or amendments of the International
Mechanical Code, 2009 Edition, adopted in Section 14 -1 F -1 to read as follows:
Section 203, "Board of Appeals" is hereby amended by repealing such section and
replacing such section with a new section in lieu thereof as follows:
Section 203. Mechanical Code Board.
A. Board Created. There is hereby created a Mechanical Code Board.
B. Mission. The mission of the Mechanical Code Board shall be to determine the
suitability of alternative materials and methods of installation, to provide for reasonable
interpretations of the Mechanical Code, to serve as an appeal body for the decisions of
the building official, to advise the City Council on all heating, ventilating, air conditioning,
and refrigeration regulations and procedures, and to provide for examining applicants
for certification of competency and issuing certificates of competency and registration.
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 Mechanical Code Board shall consist of seven (7) residents of the
City of Dubuque, appointed by the City Council.
2. Special Qualifications.
a. Each member shall have a background or experience in sheet
metal contracting, hot water and steam fitting contracting, hot water and
steam fitting work, refrigeration contracting, refrigeration work, or
mechanical engineering.
F. Terms. The term of office for members of the Mechanical Code 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 the building official's 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 Mechanical Code Board shall meet at least once
every three (3) months.
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 Mechanical Code 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. Four (4) members of the Board shall constitute a quorum for the
transaction of business. The affirmative vote of at least four (4) members shall be
necessary for the adoption of any resolution.
J. Compensation. The members of the Mechanical Code 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 Mechanical Code Board Commission shall have the following
powers, duties, and responsibilities:
Any person who is aggrieved by a decision of the building official resulting from
the enforcement of the Mechanical Code may appeal from such decision to the
Mechanical Code Board, and said Board shall serve as an appeal board. In case
Section 204, "Violations" is hereby amended by repealing such section and replacing
such section with a new section in lieu thereof as follows:
Section 204. Violations and Penalties. 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.
Table 3 -A, "Mechanical Permit Fees" is hereby repealed.
14-1F-3. Fees. The fee for each mechanical permit and supplemental mechanical
permits shall be as established by the City Manager.
Atte
the aggrieved party is a board member, 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 at the building official's office within seven (7) days.
The building official shall, within seven (7) days thereafter, notify the board of the
appeal. The Mechanical Code Board shall meet within seven (7) days after
receiving such notice and shall render a decision within five (5) days thereafter.
Any interested party, including the building official, may have the right to present
such party's case to the appeal board, whose decision shall be final unless
appealed to the district court as provided by law.
Section 3. This Ordinance shall take effect on publication.
Passed, approved and adopted the 19th day • July 2010.
eanne F. Schneider, City Clerk
CO,
Roy D. B I ol, Mayor