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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