Adoption of the 2020 National Electric CodeCity of Dubuque
City Council Meeting
Action Items # 5.
Copyrighted
December 20, 2021
ITEM TITLE: Adoption of the 2020 National Electric Code
SUMMARY: City Manager recommending City Council approval of an ordinance
adopting the 2020 National Electric Code with local amendments.
SUGGESTED
DISPOSITION:
ATTACHMENTS:
Description
ORDINANCE Amending City of Dubuque Code of Ordinances Title 14
Building and Development, Chapter 1 Building Codes, Article D
Electrical Code
Suggested Disposition: Receive and File; Motion B; Motion A
2020 National Electric Code Adoption-MVM Memo
Staff Memo - 1st Meeting
Title 14 Chapter 14-1 D Ordinance Update
Type
City Manager Memo
Staff Memo
Ordinance
THE C
DUjIBQTE
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Adoption of the 2020 National Electric Code
DATE: December 15, 2021
Dubuque
WAWca 914
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2007-2012.2013
2017*2019
Housing and Community Development Director Alexis Steger recommends City Council
approval of an ordinance adopting the 2020 National Electric Code with local
amendments. The City of Dubuque currently uses the 2017 National Electric Code.
Using current building codes is considered industry best practice.
The Building Code Advisory and Appeal Board has reviewed and supports these
recommended changes.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Alexis M. Steger, Housing & Community Development Director
THE C
DUUB-.-*-FE
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Alexis M. Steger, Housing & Community Development Director
SUBJECT: Adoption of the 2020 National Electric Code
DATE: December 13, 2021
Dubuque
All-AAeria CM
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2007.2012.2013
2017*2019
INTRODUCTION:
This memorandum forwards the enclosed amendment to the City of Dubuque Code of
Ordinances, Title 14 Building and Development, Chapter 1 Building Codes, Article D
Electric Code for City Council's consideration. The Building Code Advisory and Appeal
Board has reviewed and supports these recommended changes.
DISCUSSION:
1. Section 14-1 D-1: National Electrical Code Adopted will be amended to adopt the
2020 National Electrical Code (NEC). The City of Dubuque currently uses the
2017 NEC. Using current building codes is considered industry best practices
and is also a consideration in a community's Building Code Effectiveness
Grading Schedule (BCEGS) score. The State of Iowa has adopted the 2020 NEC
as of April 1, 2021. The City of Dubuque is required to ensure our electrical
codes are no less restrictive than the State Code. This proposed amendment will
satisfy this requirement.
2. Section 14-1 D-2 National Electrical Code Amendments will be updated as
follows:
Article 80-3 and Article 83. Definitions. The existing definitions are written in a
way that uses the word "means" in the definition. This style is not consistent
with the NEC. The definitions have been edited to correct this.
References to the Electrical Code Board, which is no longer active, are changed
to reference the Building Code Advisory and Appeal board. This change occurs
in the definitions, and in sections 81-3 and 83-10.
References to Building Code Official are changed to Code Official.
Article 82-1(b) Exempt work from Permits:
Item (8) Taping joints; was removed from exception.
83-2. Registration Required; Exceptions, Item (c), change the word from "will be"
occupied to "is" occupied. The right to perform work on one's home is allowed in
the state code, provided the homeowner is eligible for homestead exemption.
This change aligns the requirement with state code.
83-3 Classes of Dubuque Electrical License. In the current ordinance there are
two nearly identical paragraphs with the same intent. It appears that a later
amendment which added the words "within the corporate limits of the city of
Dubuque" to the ordinance, never replaced the original.
Section 210.8. Section Revised to match state code amendment.
334.10, Uses Permitted. The 2011 amendment which clarified the requirements
for the use of non-metallic sheathed cable in attached or detached garages, and
their detached sheds or storage buildings is no longer required. The 2020 NEC
has revised language in this section that adequately clarifies this condition.
There is a section of language in the ordinance that only has commentary value,
and is not guiding code.. This section is removed.
334.10(5) and 334.10(A) has code language that is no longer required.
334.10(A) exists in the 2020 NEC with the identical language to the existing
amendment.
404.1(A) and 408.1(A) Height Requirements. The requirements in these sections
are already present in the ADA code as adopted. Including the codes in this
section erroneously implies that these are the only ADA requirements for
electrical installation, which is an incorrect assumption. For ease of
understanding, these were removed from this section.
406.4 General Installation Requirements (receptacles). This section is currently
repealed by ordinance. This is a vital and important section of the NEC. It
covers receptacle outlets and includes requirements for grounding and
requirements for replacements; therefore, this section is not repealed in this
amendment
REQUESTED ACTION:
I respectfully request City Council review and approve the proposed ordinance adopting
the 2020 National Electric Code with local amendments
Prepared by: Michael Belmont, Code Official
Enclosure
cc Crenna Brumwell, City Attorney
Corey Firzlaff, Electrical Inspector
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 5894381
ORDINANCE NO. 48-21
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE D ELECTRICAL CODE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 14, Chapter 1, Article D of the City of Dubuque Code of Ordinances
is amended to read as follows:
14-1 D-1: NATIONAL ELECTRICAL CODE ADOPTED:
Except as hereinafter added to, deleted, modified or amended, there is hereby adopted
by reference as the Electrical Code of the City that certain Electrical Code known as the
National Electrical Code, 2020 edition, as prepared and edited by the National Fire
Protection Agency, Quincy, Massachusetts, and the provisions of such Electrical Code
shall be controlling in the supply of electricity and in the installation, maintenance and use
of all electrical conductors and equipment and installation of optical fiber cable within the
corporate limits of the City, and shall be known as the Dubuque Electrical Code. A copy
of the National Electrical Code, 2020 edition, as adopted, shall be on file in the Office of
the City Clerk for public inspection.
14-1 D-2: NATIONAL ELECTRICAL CODE AMENDMENTS:
The National Electrical Code adopted by section 14-1 D-1 of this article is hereby
amended as follows:
Article 80.
80-2. Application To Existing Electrical Systems And Equipment.
(a) Additions, Alterations, Or Repairs. Additions, alterations, or repairs may be
made to any electrical system and equipment without requiring the existing
electrical system and equipment to comply with all the requirements of this code,
provided the addition, alteration, or repair conforms to that required for a new
electrical system and equipment and provided further that no hazard to life, health,
or safety will be created by such additions, alterations, or repairs.
Minor additions, alterations, and repairs to existing electrical systems and
equipment may be made in accordance with the law in effect at the time the original
installation was made, when approved by the code official.
(b) Existing Installations. Electrical systems and equipment lawfully in
existence at the time of the adoption of this code may have their use, maintenance,
or repair continued if the use, maintenance, or repair is in accordance with the
original design and no hazard to life, health, or property has been created by such
electrical system and equipment.
(c) Changes In Building Occupancy. Electrical systems and equipment which
are a part of any building or structure undergoing a change in use or occupancy,
as defined in the Dubuque building code, shall comply with the requirements of
this code which are applicable to the new use or occupancy.
(d) Maintenance. All electrical systems and equipment, both existing and new,
and all parts thereof shall be maintained in a proper operating condition in
accordance with the original design and in a safe and hazard -free condition. Any
devices or safeguards which are required by this code shall be maintained in
conformance with this code. The owner or designated agent shall be responsible
for the maintenance of the electrical system. To determine compliance with this
subsection, the code official may cause any electrical system to be re -inspected.
(e) Moved Building. Electrical systems and equipment which are a part of
buildings or structures moved into or within this jurisdiction shall comply with the
provisions of this code for new installations.
80-3. Definitions, General. For the purpose of these provisions, certain terms, phrases,
words, and their derivatives shall be construed as specified in this section. Where terms
are not defined, they shall have their ordinarily accepted meanings within the context with
which they are used. Webster's third new international dictionary of the English language,
unabridged, copyright 1981, shall be considered as providing ordinarily accepted
meanings. Words used in the singular include the plural and the plural the singular. Words
used in masculine gender include the feminine and the feminine the masculine.
Approved agency. An established and recognized agency regularly engaged in
conducting tests or furnishing inspection services, when such agency has been
approved by the code official.
Approved, as to materials, equipment, and method of construction. Approval by
the code official as the result of investigation and tests conducted or by reasons of
accepted principles or tests by recognized authorities, technical, or scientific
organizations.
Building code. The international building code promulgated by the International
Code Council, Inc., as adopted by this jurisdiction.
Chief electrical inspector. The person providing expertise for the code official in the
area of electrical regulations.
Code enforcement agency. The department, division, or agency of this jurisdiction
charged with the function of code enforcement and shall be under the
administration and operational control of the code official.
Code official. The officer charged with the administration and enforcement of this
code, or duly authorized representatives, and is the authority having jurisdiction for
this code.
Commercial installation. An installation intended for commerce, but does not
include a residential installation.
Dubuque board. The city of Dubuque Building Code Advisory and Appeal board
Electrical code. The national electrical code promulgated by the National Fire
Protection Association, as adopted by this jurisdiction.
Electrical equipment. All electrical materials, wiring, conductors, fittings, devices,
appliances, fixtures, signs, and apparatus or parts thereof.
Electrical work. All installations, alterations, repairs, removals, renewals,
replacements, connections, disconnections, and maintenance of all electrical
equipment except as otherwise noted.
Firewall. The same as an area separation wall as used in the building code.
In-house electricians. Not for hire by the general public.
(i) In-house electricians are required to carry an Iowa Master's level
license in order to obtain a permit.
(ii) In-house electricians can only work on the premises for which the
licensee is directly employed and any other persons doing electrical work
under the supervision of the in-house electricians must also be registered
with the state of Iowa as an apprentice, journeyman, or Master A or B
electrician.
Industrial installation. An installation intended for use in the manufacture or
processing of products involving systematic labor or habitual employment and
includes installations in which agricultural or other products are habitually or
customarily processed or stored for others, either by buying or reselling on a fee
basis.
Inspector. A person certified as an electrical inspector upon such reasonable
conditions as may be adopted by the board.
Listed and listing. Equipment and materials which are shown in a list published by
an approved testing agency, qualified and equipped for experimental testing, and
maintaining an adequate periodic inspection of current productions and whose
listing states that the equipment complies with nationally recognized safety
standards.
Multiple occupancy building. A building having more than one (1) tenant and may
be of single or mixed use groups as classified by the building code.
New electrical installation. The installation of electrical wiring, apparatus, and
equipment for light, heat, power, and other purposes.
Occupancy. The purpose for which a building, or part thereof, is used or intended
to be used.
Public use building or facility. Any building or facility designated for public use,
including all property owned and occupied or designated for use by the state of
Iowa.
Residential installation. An installation intended for a single-family or two-family
residential dwelling or a multi -family residential dwelling not larger than a four -
family dwelling.
Routine maintenance. The servicing, maintaining, or repairing of existing electrical
apparatus or equipment for which no changes in wiring are made.
State board. The electrical examining board created under Iowa Code section
103.2.
80-5. Alternate Materials And Methods Of Construction. The provisions of this code are
not intended to prevent the use of any material or method of construction not specifically
prescribed by this code, provided any alternate has been approved and its use authorized
by the code official.
The code official may approve any alternate, provided it is found that the proposed design
is satisfactory and complies with the provisions of this code and that the material, method,
or work offered is, for the purpose intended, at least the equivalent of that prescribed in
this code in suitability, strength, effectiveness, fire resistance, durability, and safety.
The code official shall require that sufficient evidence or proof be submitted to
substantiate any claims regarding the use of alternates. The details of any action granting
approval of an alternate shall be recorded and entered in the files of the code enforcement
agency.
80-6. Modifications. Whenever there are practical difficulties involved in carrying out the
provisions of this code, the code official may grant modifications for individual cases,
provided it is found that a special individual reason makes the strict letter of this code
impractical and the modification is in conformity with the intent and purpose of this code,
and that such modification does not lessen health, life, and fire safety requirements. The
details of actions granting modifications shall be recorded and entered in the files of the
code enforcement agency.
80-7. Tests. Whenever there is insufficient evidence of compliance with any of the
provisions of this code or evidence that materials or construction do not conform to the
requirements of this code, the code official may require tests as evidence of compliance
to be made at no expense to this jurisdiction.
Test methods shall be as specified by this code or by other recognized test standards. In
the absence of recognized and accepted test methods for the proposed alternate, the
code official shall determine test procedures.
All tests shall be made by an approved agency. Reports of such tests shall be retained
by the code official for the period required for the retention of public records.
Article 81.
81-1. Powers And Duties Of Code Official.
(a) General. The code official is hereby authorized and directed to enforce all
the provisions of this code. For such purposes, the code official shall have the
powers of a law enforcement officer.
The code official shall have the power to render interpretations of this code and to
adopt and enforce rules and regulations supplemental to this code as deemed
necessary in order to clarify the application of the provisions of this code. Such
interpretations, rules, and regulations shall be in conformity with the intent and
purpose of this code.
(b) Deputies. In accordance with prescribed procedures and with the approval
of the appointing authority, the code official may appoint a chief electrical inspector
and other related technical officers and inspectors and other employees as shall
be authorized from time to time.
(c) Right Of Entry. Whenever necessary to make an inspection to enforce any
of the provisions of this code, or whenever the code official or authorized
representative has reasonable cause to believe that there exists in any building or
upon any premises any condition or code violation which makes such buildings or
premises unsafe, dangerous, or hazardous, the code official or authorized
representative may enter such building or premises at all reasonable times to
inspect the same or to perform any duty imposed upon the code official by such
codes, provided that if such building or premises be occupied, the code official
shall first present proper credentials and request entry. If such building or premises
is unoccupied, the code official shall first make a reasonable effort to locate the
owner or other persons having charge or control of the building or premises and
request entry. If entry be refused, the code official or authorized representative
shall have recourse to every remedy provided by law to secure entry.
When the code official or authorized representative shall have first obtained a
proper inspection warrant or other remedy provided by law to secure entry, no
owner or occupant or any other persons having charge, care, or control of any
building or premises shall fail or neglect, after proper request is made as herein
provided, to promptly permit entry therein by the code official or authorized
representative for the purpose of inspection and examination pursuant to this code.
(d) Stop Orders. Whenever any work is being done contrary to the provisions
of this code, the code official may order the work stopped by 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 code official
to proceed with the work.
(e) Authority To Disconnect Utilities In Emergencies. The code official or
authorized representative shall have the authority to disconnect any electric power
or energy service supplied to the building, structure, or building service equipment
therein regulated by this code in case of emergency where necessary to eliminate
an immediate hazard to life or property. The code official shall whenever possible
notify the serving utility, the owner, and occupant of the building, structure, or
electrical system or equipment of the decision to disconnect prior to taking such
action, and shall notify such serving utility, owner, and occupant of the building,
structure, or building service equipment, in writing, of such disconnection
immediately thereafter.
(f) Authority To Condemn Electrical System And Equipment. Whenever the
code official ascertains that any electrical system or equipment regulated in this
code has become hazardous to life, health, or property, the code official shall order
in writing that such electrical system or equipment either be removed or restored
to a safe condition, whichever is appropriate. The written notice itself shall fix a
time limit for compliance with such order. No person shall use or maintain defective
electrical systems or equipment after receiving such notice.
When such equipment or installation is to be disconnected, a written notice of such
disconnection and causes therefor shall be given within twenty- four (24) hours of
the order to disconnect to the serving utility, the owner, and occupant of such
building, structure, or premises.
When any electrical system or equipment is maintained in violation of this code
and in violation of any notice issued pursuant to the provisions of this section, the
code official shall institute any appropriate action to prevent, restrain, correct, or
abate the violation.
(g) Connection After Order To Disconnect. No person shall make connections
from any energy or power supply nor supply power to any electrical system or
equipment which has been disconnected or ordered to be disconnected by the
code official or the use of which has been ordered to be discontinued by the code
official until the code official authorizes the reconnection and use of such electrical
system or equipment.
(h) Liability. The code official, or authorized representative charged with the
enforcement of this code, acting in good faith and without malice in the discharge
of duties, shall not thereby be rendered personally liable for any damage that may
accrue to persons or property as a result of any act or by reason of any act or
omission in the discharge of duties. Any suit brought against the code official or
employee because of such act or omission performed in the enforcement of any
provision of such codes or other pertinent laws orordinances implemented through
the enforcement of this code or enforced by the code enforcement agency shall be
defended by this jurisdiction until final termination of such proceedings, and any
judgment resulting therefrom shall be assumed by this jurisdiction.
This code shall not be construed to relieve from or lessen the responsibility of any
person owning, operating, or controlling any building or structure for any damages
to persons or property caused by defects, nor shall the code enforcement agency
or its parent jurisdiction be held as assuming any such liability by reason of the
inspections authorized by this code or any permits or certificates issued under this
code.
(i) Cooperation Of Other Officials And Officers. The code official may request,
and shall receive so far as is required in the discharge of duties, the assistance
and cooperation of other officials of this jurisdiction.
81-2. Unsafe Electrical Systems Or Equipment. All electrical systems or equipment
regulated by this code which are unsafe or which constitute a fire hazard or are otherwise
dangerous to human life are, for the purpose of this section, unsafe. Any use of electrical
systems or equipment regulated by this code 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.
All such unsafe electrical systems or equipment 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 1, chapter 4 of the city of Dubuque code
of ordinances. As an alternative, the code official or other employee or official of this
jurisdiction as designated by the governing body may institute any other appropriate
action to prevent, restrain, correct, or abate the violation.
81-3. Building Code Advisory and Appeal Board. See section 14-1A-6 of the city of
Dubuque code of ordinances.
Article 82.
82-1. Permits Required.
(a) Permits Required. Except as specified in subsections (b) and (c) of this
section, no electrical system regulated by this code shall be installed, altered,
repaired, replaced, or remodeled unless a separate electrical permit for each
building or structure has first been obtained from the code official.
(b) Exempt Work. An electrical permit shall not be required for the following:
(1) Portable motors or other portable appliances energized by means of
a cord or cable having an attachment plug end to be connected to an
approved receptacle when that cord or cable is permitted by this code;
(2) Repair or replacement of fixed motors, transformers, or fixed
approved appliances of the same type and rating in the same location;
(3) Temporary decorative lighting;
(4) Repair or replacement of current -carrying parts of any switch,
contractor, or control device;
(5) Reinstallation of attachment plug receptacles, but not the outlets
therefor;
(6) Repair or replacement of any overcurrent device of the required
capacity in the same location;
(7) Repair or replacement of electrodes or transformers of the same size
and capacity for signs or gas tube systems;
(9) Removal of electrical wiring;
(10) Temporary wiring for experimental purposes in suitable experimental
laboratories; or
(11) The wiring for temporary theater, motion picture, or television stage
sets.
However, any such exempted work that is to be performed in other than a single-
family home by the qualifying homeowner shall be performed by or directly
supervised by the holder of a state of Iowa class "A" or "B" master or journeyman
electrical license.
Exemption from the permit requirements of this code shall not be deemed to grant
authorization for any work to be done in violation of the provisions of this code or
any other laws or ordinances of this jurisdiction.
(c) Exempt Systems And Utilities. An electrical permit shall not be required for
the following:
(1) Electrical wiring, devices, appliances, apparatus, or equipment
operation at less than twenty-five (25) volts and not capable of supplying
more than fifty (50) wafts of energy.
(2) Low energy power, control, and signal circuits of classes II and III as
defined in this code.
(3) A permit shall not be required for the installation, alteration, or repair
of electrical wiring, apparatus, or equipment for the generation,
transmission, distribution, or metering of electrical energy, or in the
operation of signals or the transmission of intelligence by a public or private
utility in the exercise of its function as a serving utility.
Exemption from the permit requirements of this code shall not be deemed
to grant authorization for any work to be done in violation of the provisions
of this code or any other laws or ordinances of this jurisdiction.
82-2. Permit Process.
(a) Application For Permit. The applicant for an electrical permit must be one
of the following:
(1) The homeowner as defined elsewhere in this ordinance; or,
(2) Registered with the state of Iowa as a class "A" master electrical
licensee and affiliated with an electrical contracting firm or business that is
also licensed by and registered with the state of Iowa.
(3) In-house electricians, not for hire by the general public.
(b) Application. To obtain a permit, the applicant shall first file an application
therefor in writing on a form furnished by the code enforcement agency for that
purpose. Every such application shall:
(1) Identify and describe the work to be covered by the permit for which
application is made;
(2) Describe the land on which the proposed work is to be done by legal
description, street address, or similar description that will readily identify and
definitely locate the proposed building or work;
(3) Identify the owner of property, and tenant if applicable, on which the
proposed work is to be done;
(4) Indicate the use or occupancy for which the proposed work is
intended;
(5) Be accompanied by plans, diagrams, computations, and
specifications and other data as required in subsection (c) of this section;
(6) Be signed by permittee or authorized agent; and
(7) Give such other data and information as may be required by the code
official.
(c) Plans And Specifications. Plans, engineering calculations, diagrams, and
other data shall be submitted in one or more sets with each application for a permit.
The code official may require plans, computations, and specifications to be
prepared and designed by an engineer or architect licensed by the state of Iowa
to practice as such.
EXCEPTION: The code official may waive the submission of plans, calculations,
etc., if it is found that the nature of the work applied for is such that reviewing of
plans is not necessary to obtain compliance with this code.
(d) Information On Plans And Specifications. Plans and specifications shall be
drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to
indicate the location, nature, and extent of the work proposed and show in detail
that it will conform to the provisions of this code and all relevant laws, ordinances,
rules, and regulations.
Plans for buildings more than two (2) stories in height of other than groups R,
division 3, and M occupancies shall indicate how required structural and fire -
resistive integrity will be maintained where a penetration will be made for electrical
and communication conduits, pipes, and similar systems.
82-3. Permit Issuance.
(a) Issuance. The application, plans, specifications, and other data filed by an
applicant for permit shall be reviewed by the code official. Such plans may be
reviewed by other departments of this jurisdiction to verify compliance with any
applicable laws under their jurisdiction. If the code official finds that the work
described in an application for a permit and the plans, specifications, and other
data filed therewith conform to the requirements of this code and other pertinent
laws and ordinances and that the fees specified in section 82-4 have been paid, a
permit shall be issued therefor to the applicant.
When the code official issues the permit where plans are required, the plans and
specifications shall be endorsed in writing or stamped "APPROVED". Such
approved plans and specifications shall not be changed, modified, or altered
without authorization from the code official and all work shall be done in
accordance with the approved plans.
The code official may issue a permit for the construction of part of an electrical
system before the entire plans and specifications for the whole system 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 personal risk without assurance that the permit for
the entire building, structure, or building service will be granted.
(b) Retention Of Plans. One set of approved plans and specifications shall be
returned to the applicant and shall be kept on the site of the building work at all
times during which the work authorized thereby is in progress. One set of approved
plans, specifications, and computations shall be retained by the code official until
final approval of the work.
(c) Validity Of Permit. The issuance 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 code, or of any other ordinance of the
jurisdiction. No permit presuming to give authority to violate or cancel the
provisions of these codes shall be valid.
The issuance of a permit based upon plans, specifications, and other data shall
not prevent the code official from thereafter requiring the correction of errors in said
plans, specifications, and other data or from preventing building operations being
carried on thereunder when in violation of this code or of any other ordinances of
this jurisdiction.
(d) Expiration. Every permit issued by the code 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 one hundred eighty (180) days
from the date of such permit, or if the work authorized by such permit is suspended
or abandoned for a period of one hundred eighty (180) days following the last
inspection of said work. Before such work can be recommenced, a new permit
shall be first obtained so to do, and the fee therefor shall be one-half (1/2) the
amount required for a new permit for such work provided no changes have been
made or will be made in the original plans and specifications for such work; and
provided further that such suspension or abandonment has not exceeded one (1)
year. In order to renew action on a permit after expiration, the permittee shall pay
a new full permit fee.
Any permittee holding an unexpired permit may apply for an extension of the time
within which work may commence under that permit when unable to commence
work within the time required by this section for good and satisfactory reasons. The
code official may extend the time for action by the permittee for a period not
exceeding one hundred eighty (180) days upon written request by the permittee
showing that circumstances beyond the control of the permittee have prevented
action from being taken. No permit shall be extended more than once.
(e) Suspension Or Revocation. The code official may, in writing, suspend or
revoke a permit issued under the provisions of this code whenever the permit is
issued in error or on the basis of incorrect information supplied or in violation of
any ordinance or regulation of the jurisdiction.
82-4. Fees.
(a) Permit Fees. The fee for each electrical permit shall be as established by
the city manager.
(b) Plan Review Fees. When a plan or other data are required to be submitted
by subsection (c) of section 82-2, a plan review fee shall be paid as established by
the city manager. Where plans are incomplete or changed so as to require
additional plan review, an additional plan review fee shall be charged at the rate
established by the city manager.
(c) Expiration Of Plan Review. Applications for which no permit is issued within
one hundred eighty (180) days following the date of application shall expire by
limitation and plans and other data submitted for review may thereafter be returned
to the applicant or destroyed by the code official. The code official may extend the
time for action by the applicant fora period not exceeding one hundred eighty (180)
days upon request by the applicant showing that circumstances beyond the control
of the applicant have prevented action from being taken. No application shall be
extended more than once. In order to renew action on an application after
expiration, the applicant shall resubmit plans and pay a new plan review fee.
(d) Investigation Fees For Work Without A Permit.
(1) Investigation. Whenever any work for which a permit is required by
this code has been commenced without first obtaining said permit, a special
investigation shall be made before a permit may be issued for such work.
(2) Fee. An investigation fee, in addition to the permit fee, shall be
collected whether or not a permit is then or subsequently issued. The
investigation fee shall be equal to the amount of the permit fee that would
be required by this code if a permit were to be issued. The payment of such
investigation fee shall not exempt any person from compliance with all other
provisions of either this code nor from any penalty prescribed by law.
(e) Fee Refunds.
(1) The code official may authorize the refunding of any fee paid
hereunder which was erroneously paid or collected.
(2) The code official may authorize the refunding of not more than eighty
percent (80%) of the permit fee paid when no work has been done under a
permit issued in accordance with this code.
(3) The code official may authorize the refunding of not more than eighty
percent (80%) of the plan review fee paid when an application for a permit
for which a plan review fee has been paid is withdrawn or canceled before
any plan reviewing is done.
The code official shall not authorize the refunding of any fee paid except
upon written application filed by the original permittee no later than one
hundred eighty (180) days after the date of fee payment.
82-5. Inspections.
(a) General. All electrical systems and equipment for which a permit is required
by this code shall be subject to inspection by the code official. No portion of any
electrical system intended to be concealed shall be concealed until inspected and
approved. Neither the code official nor this jurisdiction shall be liable for expense
entailed in the removal or replacement of any material required to allow inspection.
When the installation of an electrical system and equipment is complete an
additional and final inspection shall be made. Electrical systems and equipment
regulated by this code shall not be connected to the energy source until authorized
by the code official.
(b) Inspection Requests. It shall be the duty of the person doing the work
authorized by a permit to notify the code official that such work is ready for
inspection. The code official may require that every request for inspection be filed
at least one (1) business day before such inspection is desired. Such request may
be in writing or by telephone at the option of the code official.
It shall be the duty of the person requesting inspections required by this code to
provide access to and means for proper inspection of such work.
(c) Operation Of Electrical Equipment. The requirements of this section shall
not be construed to prohibit the operation of any electrical system or equipment
installed to replace existing equipment. The request for inspection of such
equipment must have been filed with the code official not more than forty-eight (48)
hours after such replacement work is completed and before any portion of such
electrical system is concealed by any permanent portion of the building.
(d) Other Inspections. In addition to the called inspections required by this
code, the code official may make or require other inspections of any work to
ascertain compliance with the provisions of this code and other laws which are
enforced by the code enforcement agency.
(e) Re -Inspections. A re -inspection fee may be assessed for each inspection
or reinspection when such portion of work for which inspection is called is not
complete or when corrections called for are not made.
This provision is not to be interpreted as requiring re -inspection fees the first time
a job is rejected for failure to comply with the requirements of this code, but as
controlling the practice of calling for inspections before the job is ready for such
inspection or re -inspection.
Re -inspection fees may be assessed when the approved plans are not readily
available to the inspector, for failure to provide access on the date for which
inspection is requested, or for deviating from plans requiring the approval of the
code official.
To obtain a re -inspection, the applicant shall file an application therefor in writing
upon a form furnished for that purpose and pay the re -inspection fee in accordance
with table no. 13-A.
In instances where re -inspection fees have been assessed, no additional
inspection of the work will be performed until the required fees have been paid.
(f) Monthly Maintenance Inspections. In industrial plants where experienced
electricians are regularly employed and who have charge of the electrical work in
such plants, a monthly inspection shall be made by the code official of the
installation of electric wiring, fixtures, appliances, work and materials used in
connection with the operation of work in said plant. A record shall be kept at such
plants covering the preceding month. This record shall be filed with the code official
each month prior to the time set for making regular inspection. Any falsity
contained in the reports required to be filed with the code official shall subject the
person, firm, or corporation responsible therefor to the penalties provided in this
article.
82-6. Connection Approval.
(a) Energy Connections. An electrical system or equipment regulated by this
code for which a permit is required shall not be connected to a source of energy
or power until approved by the code official.
(b) Temporary Connections. The code official may authorize the temporary
connection of the electrical system or equipment to the source of energy or power
for the purpose of testing the equipment or for use under a temporary certificate of
occupancy.
Article 83.
83-1. Definitions. For use within this article, the following words and phrases are defined:
Electrical equipment. All electrical materials, wiring, conductors, fittings, devices,
appliances, fixtures, signs, and apparatus or parts thereof.
Electrical work. All installations, alterations, repairs, removals, renewals,
replacements, connections, disconnections, and maintenance of all electrical
equipment except as otherwise noted.
Homeowner. The owner of property that is the owner's principal place of residence,
if such residence is an existing dwelling rather than new construction and is not
larger than a single family dwelling or farm property and shall qualify for the
homestead tax exemption.
Licensed. Licensed under this article or Iowa Code section 103.2, except as
otherwise specified.
Maintenance electrician. A person who has the necessary training, experience,
and technical knowledge to undertake the work of servicing, maintaining, and
repairing electrical devices, appliances, and equipment within the stipulated
confines of property owned or controlled by the firm, business, or company by
whom employed. An electrical maintenance certificate of competency may be
issued to an individual and will entitle the holder thereof to undertake the work of
servicing, maintaining, and repairing electrical devices, appliances, and equipment
only within the confines of the property owned by such individual for use or
application to such property.
Registered, under this article. A copy of the licensed person's license and current
contact information has been provided to the city of Dubuque building services
department on forms provided by building services department, except as
otherwise specified.
83-2. Registration Required; Exceptions.
(a) No person, firm, or corporation shall perform any electrical work as an
electrical contractor, master electrician, journeyman electrician, apprentice
electrician, unclassified person, or maintenance electrician in the city of Dubuque
unless registered as provided in this article.
(b) No electrical contractor or electrical maintenance electrician shall employ
any apprentice or unclassified person to perform any electrical work unless said
apprentice or unclassified person is under the direct personal on-the-job
supervision of a state master electrician or state journeyman electrician. The ratio
of apprentice electricians or unclassified persons to holders of state of Iowa master
or journeyman electrical licenses or electrical maintenance licenses at any time
shall not exceed the ratios given in subsection 83-2(f).
Direct personal on-the-job supervision and control and in the immediate presence
of a licensee shall mean the licensee and the apprentice electrician or unclassified
person shall be working at the same project location but shall not require that the
licensee and apprentice electrician or unclassified person be within sight of one
another at all times.
Every person who desires to perform the work of an electrical laborer/helper shall
provide their name and contact information to the building services department on
such forms as the code official shall prescribe.
Apprentice electricians shall not install, alter, or repair electrical equipment except
as provided in this ordinance and the licensee employing or supervising the
apprentice electricians shall not authorize or permit such actions by the apprentice
electricians.
Unclassified persons shall not install, alter, or repair any energized electrical
equipment and the licensee employing or supervising the unclassified persons
shall not authorize or permit such actions by the unclassified persons.
Apprentice electricians shall do no electrical wiring except under the direct
personal on-the-job supervision and control and in the immediate presence of a
licensee as provided in this ordinance. Such supervision shall include both on-the-
job training and related classroom training as approved by the state of Iowa
electrical examining board and the bureau of apprenticeship and training of the
United States department of labor.
Unclassified persons shall do no electrical wiring except under the direct personal
on-the-job supervision and control and in the immediate presence of a licensee as
provided in this ordinance.
Employment of unregistered master, journeyman, apprentice electricians, or
unclassified persons shall be grounds for the suspension or revocation of the
employing electrical contractor's registration and their ability to do work within the
limits of the city of Dubuque.
Employment of unregistered master, journeyman, apprentice electricians, or
unclassified persons shall be grounds for the suspension or revocation of the
employing maintenance electrician's registration and their ability to do work within
the limits of the city of Dubuque.
(c) The owner or owners of a single-family dwelling, or mobile home, including
the usual accessory building and quarters used exclusively for living purposes may
do such electrical work without registration as demonstrated by the capability to
do, to the code official, providing that the dwelling or mobile home is occupied by
the owner and that a permit is issued as provided in the electrical code.
(d) The provisions of this article shall not apply to any regular employee of a
public utility who does electrical work forsuch public utility only, nor shall they apply
to the electrical work of a telephone or telegraph company, nor the persons, firms,
or corporations performing electrical work for such a company, where such
electrical work is an integral part of the plant used by such telephone or telegraph
company in rendering its duly authorized service to the public, nor to any regular
employee of any railroad who does electrical work only as a part of that
employment.
(e) The provisions of this article shall not apply to the replacement of integral
parts of equipment or appliances by firms or persons in possession of a valid
electrical maintenance license issued previously to the firm or person by the
building services department of the city under other pertinent city ordinances.
(f) The maximum number of state of Iowa licensed apprentice electricians or
state of Iowa licensed unclassified persons that may be supervised by a licensed
city of Dubuque or state of Iowa master, journeyman, or maintenance electrician
shall not exceed one to one (1:1).
The supervision ratio of this section need not apply to apprenticeship classroom
training.
83-3. Classes Of Dubuque Electrical License.
(a) One (1) class of license is hereby established and certificates thereof shall
be renewed only upon the direction of the Building Code Advisory and Appeals
board. This class shall be designated respectively as:
Electrical maintenance license shall entitle the holder thereof to undertake, within
the corporate limits of the city of Dubuque, the work of installing, servicing,
maintaining, altering, and repairing electrical devices, appliances, and equipment
within the confines of property owned or controlled by the firm, business, or
company employing such registration holder or within the confines of property
owned by an individual.
83-10. Suspension Of Permit Privilege For Multiple Violations. Where a licensed electrical
contractor is found doing electrical work without an electrical permit on three (3) separate
occasions in one (1) year, a hearing shall be held by the code official at which time the
permit privileges of said electrical contractor may be suspended for a period of time not
to exceed one (1) year. The Building Code Advisory and Appeal board as established by
article 81-3 shall be present at such hearings and shall act as advisors to the code official
in determining the course of action to be taken.
210.8. Ground -Fault Circuit -Interrupter Protection For Personnel. Ground -fault circuit -
interrupter protection for personnel shall be provided as required in 210.8(A) through (F).
The ground -fault circuit -interrupter shall be installed in a readily accessible location.
210.8(A) Dwelling Units. All 125-volt, single-phase, 15- and 20-ampere receptacles
installed in locations specified in 210.8(A)(1) through 210.8(A)(11) shall have ground -fault
circuit -interrupter protection for personnel.
(1) Bathrooms.
(2) Garages and also accessory buildings that have a floor located at or below
grade level not intended to be habitable rooms and limited to storage areas, work
areas or similar use.
(3) Outdoors.
Exception to (3): Receptacles that are not readily accessible and are supplied
branch circuit dedicated to electrical snow -melting, deicing, or pipeline and vessel
heating equipment shall be permitted to be installed in accordance with 426.28 or
427.22, as applicable.
(4) Crawl spaces — at or below grade level.
(5) Basements.
Exception to (5): A receptacle supplying only a permanently installed fire alarm or
burglar alarm system shall not be required to have ground -fault circuit -interrupter
protection. Informational Note: See 760.41E and 760.121(B) for power supply
requirements for fire alarm systems. Receptacles installed under the exception to
210.8(A)(5) shall not be considered as meeting the requirements of 210.52(G).
(6) Kitchens — where the receptacles are installed to serve the countertop
surfaces.
(7) Sinks — where the receptacles are installed within 1.8 m (6 ft) from the top
inside edge of the bowl of the sink.
(8) Boathouses.
(9) Bathtubs or shower stalls — where receptacles are installed within 1.8 m (6
ft) of the outside edge of the bathtub or shower stall.
(10) Laundry areas.
Exception to (1) through (3), (5) through (8), and (10): Listed locking support and
mounting receptacles utilized in combination with compatible attachment fittings
installed for the purpose of serving a ceiling luminaire or ceiling fan shall not be
required to be ground -fault circuit -interrupter protected. If a general-purpose
convenience receptacle is integral to the ceiling luminaire or ceiling fan, GFCI
protection shall be provided.
(11) Indoor damp and wet locations.
334.10. Uses Permitted.
Type NM, type NMC, and type NMS cables shall be permitted to be used in the following:
(2) Multifamily dwellings, two (2) stories or less in height, permitted to be of
types III, IV, and V construction except as prohibited in 334.12.
(3) Other residential or accessory structures, two (2) stories or less in height,
permitted to be of types III, IV, and V construction except as prohibited in 334.12.
Cables shall be concealed within walls, floors, or ceilings that provide a thermal
barrier of material that has at least a fifteen (15) minute finish rating as identified
in listings of fire -rated assemblies.
(4) Manufactured buildings as defined and regulated in article 545 of the
national electrical code. Manufactured buildings must comply with the provisions
of article 545.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 20t' day of December, 2021.
n �- /1�/
Roy D. ol, Mayor
Attest:
o� /I
Adrienne Breitfelder, City Clerk
EFFECT OF AMENDMENT
14-1 D-1: NATIONAL ELECTRICAL CODE ADOPTED:
Except as hereinafter added to, deleted, modified or amended, there is hereby adopted
by reference as the Electrical Code of the City that certain Electrical Code known as the
National Electrical Code, 2020 edition, as prepared and edited by the National Fire
Protection Agency, Quincy, Massachusetts, and the provisions of such Electrical Code
shall be controlling in the supply of electricity and in the installation, maintenance and use
of all electrical conductors and equipment and installation of optical fiber cable within the
corporate limits of the City, and shall be known as the Dubuque Electrical Code. A copy
of the National Electrical Code, 2020 edition, as adopted, shall be on file in the Office of
the City Clerk for public inspection.
14-1 D-2: NATIONAL ELECTRICAL CODE AMENDMENTS:
The National Electrical Code adopted by section 14-1 D-1 of this article is hereby
amended as follows:
80-2. Application To Existing Electrical Systems And Equipment.
(a) Additions, Alterations, Or Repairs. Additions, alterations, or repairs may be
made to any electrical system and equipment without requiring the existing
electrical system and equipment to comply with all the requirements of this code,
provided the addition, alteration, or repair conforms to that required for a new
electrical system and equipment and provided further that no hazard to life, health,
or safety will be created by such additions, alterations, or repairs.
Minor additions, alterations, and repairs to existing electrical systems and
equipment may be made in accordance with the law in effect at the time the original
installation was made, when approved by the code official.
(b) Existing Installations. Electrical systems and equipment lawfully in
existence at the time of the adoption of this code may have their use, maintenance,
or repair continued if the use, maintenance, or repair is in accordance with the
original design and no hazard to life, health, or property has been created by such
electrical system and equipment.
(c) Changes In Building Occupancy. Electrical systems and equipment which
are a part of any building or structure undergoing a change in use or occupancy,
as defined in the Dubuque building code, shall comply with the requirements of
this code which are applicable to the new use or occupancy.
(d) Maintenance. All electrical systems and equipment, both existing and new,
and all parts thereof shall be maintained in a proper operating condition in
accordance with the original design and in a safe and hazard -free condition. Any
devices or safeguards which are required by this code shall be maintained in
conformance with this code. The owner or designated agent shall be responsible
for the maintenance of the electrical system. To determine compliance with this
subsection, the code official may cause any electrical system to be re- inspected.
(e) Moved Building. Electrical systems and equipment which are a part of
buildings or structures moved into or within this jurisdiction shall comply with the
provisions of this code for new installations.
80-3. Definitions, General. For the purpose of these provisions, certain terms, phrases,
words, and their derivatives shall be construed as specified in this section. Where terms
are not defined, they shall have their ordinarily accepted meanings within the context with
which they are used. Webster's third new international dictionary of the English language,
unabridged, copyright 1981, shall be considered as providing ordinarily accepted
meanings. Words used in the singular include the plural and the plural the singular. Words
used in masculine gender include the feminine and the feminine the masculine.
Approved agency. An established and recognized agency regularly engaged in
conducting tests or furnishing inspection services, when such agency has been
approved by the code official.
Approved, as to materials, equipment, and method of construction. Approval by
the code official as the result of investigation and tests conducted or by reasons of
accepted principles or tests by recognized authorities, technical, or scientific
organizations.
Building code. The international building code promulgated by the International
Code Council, Inc., as adopted by this jurisdiction.
Chief electrical inspector. The person providing expertise for the code official in the
area of electrical regulations.
Code enforcement agency. The department, division, or agency of this jurisdiction
charged with the function of code enforcement and shall be under the
administration and operational control of the code official.
Code official. The officer charged with the administration and enforcement of this
code, or duly authorized representatives, and is the authority having jurisdiction for
this code.
Commercial installation. An installation intended for commerce, but does not
include a residential installation.
Dubuque board. The city of Dubuque Building Code Advisory and Appeal board.
Electrical code. The national electrical code promulgated by the National Fire
Protection Association, as adopted by this jurisdiction.
Electrical equipment. All electrical materials, wiring, conductors, fittings, devices,
appliances, fixtures, signs, and apparatus or parts thereof.
Electrical work. All installations, alterations, repairs, removals, renewals,
replacements, connections, disconnections, and maintenance of all electrical
equipment except as otherwise noted.
Firewall. The same as an area separation wall as used in the building code.
In-house electricians. Not for hire by the general public.
(i) In-house electricians are required to carry an Iowa Master's level
license in order to obtain a permit.
(ii) In-house electricians can only work on the premises for which the
licensee is directly employed and any other persons doing electrical work
under the supervision of the in-house electricians must also be registered
with the state of Iowa as an apprentice, journeyman, or Master A or B
electrician.
Industrial installation. An installation intended for use in the manufacture or
processing of products involving systematic labor or habitual employment and
includes installations in which agricultural or other products are habitually or
customarily processed or stored for others, either by buying or reselling on a fee
basis.
Inspector. A person certified as an electrical inspector upon such reasonable
conditions as may be adopted by the board.
Listed and listing. Equipment and materials which are shown in a list published by
an approved testing agency, qualified and equipped for experimental testing, and
maintaining an adequate periodic inspection of current productions and whose
listing states that the equipment complies with nationally recognized safety
standards.
Multiple occupancy building. A building having more than one (1) tenant and may
be of single or mixed use groups as classified by the building code.
New electrical installation. The installation of electrical wiring, apparatus, and
equipment for light, heat, power, and other purposes.
Occupancy. The purpose for which a building, or part thereof, is used or intended
to be used.
Public use building or facility. Any building or facility designated for public use,
including all property owned and occupied or designated for use by the state of
Iowa.
Residential installation. An installation intended for a single-family or two-family
residential dwelling or a multi -family residential dwelling not larger than a four -
family dwelling.
Routine maintenance. The servicing, maintaining, or repairing of existing electrical
apparatus or equipment for which no changes in wiring are made.
State board. The electrical examining board created under Iowa Code section
103.2.
80-5. Alternate Materials And Methods Of Construction. The provisions of this code are
not intended to prevent the use of any material or method of construction not specifically
prescribed by this code, provided any alternate has been approved and its use authorized
by the code official.
The code official may approve any alternate, provided it is found that the proposed design
is satisfactory and complies with the provisions of this code and that the material, method,
or work offered is, for the purpose intended, at least the equivalent of that prescribed in
this code in suitability, strength, effectiveness, fire resistance, durability, and safety.
The code official shall require that sufficient evidence or proof be submitted to
substantiate any claims regarding the use of alternates. The details of any action granting
approval of an alternate shall be recorded and entered in the files of the code enforcement
agency.
80-6. Modifications. Whenever there are practical difficulties involved in carrying out the
provisions of this code, the code official may grant modifications for individual cases,
provided it is found that a special individual reason makes the strict letter of this code
impractical and the modification is in conformity with the intent and purpose of this code,
and that such modification does not lessen health, life, and fire safety requirements. The
details of actions granting modifications shall be recorded and entered in the files of the
code enforcement agency.
80-7. Tests. Whenever there is insufficient evidence of compliance with any of the
provisions of this code or evidence that materials or construction do not conform to the
requirements of this code, the code official may require tests as evidence of compliance
to be made at no expense to this jurisdiction.
Test methods shall be as specified by this code or by other recognized test standards. In
the absence of recognized and accepted test methods for the proposed alternate, the
code official shall determine test procedures.
All tests shall be made by an approved agency. Reports of such tests shall be retained
by the code official for the period required for the retention of public records.
Article 81.
81-1. Powers And Duties Of Code Official.
(a) General. The code official is hereby authorized and directed to enforce all
the provisions of this code. For such purposes, the code official shall have the
powers of a law enforcement officer.
The code official shall have the power to render interpretations of this code and to
adopt and enforce rules and regulations supplemental to this code as deemed
necessary in order to clarify the application of the provisions of this code. Such
interpretations, rules, and regulations shall be in conformity with the intent and
purpose of this code.
(b) Deputies. In accordance with prescribed procedures and with the approval
of the appointing authority, the code official may appoint a chief electrical inspector
and other related technical officers and inspectors and other employees as shall
be authorized from time to time.
(c) Right Of Entry. Whenever necessary to make an inspection to enforce any
of the provisions of this code, or whenever the code official or authorized
representative has reasonable cause to believe that there exists in any building or
upon any premises any condition or code violation which makes such buildings or
premises unsafe, dangerous, or hazardous, the code official or authorized
representative may enter such building or premises at all reasonable times to
inspect the same or to perform any duty imposed upon the code official by such
codes, provided that if such building or premises be occupied, the code official
shall first present proper credentials and request entry. If such building or premises
is unoccupied, the code official shall first make a reasonable effort to locate the
owner or other persons having charge or control of the building or premises and
request entry. If entry be refused, the code official or authorized representative
shall have recourse to every remedy provided by law to secure entry.
When the code official or authorized representative shall have first obtained a
proper inspection warrant or other remedy provided by law to secure entry, no
owner or occupant or any other persons having charge, care, or control of any
building or premises shall fail or neglect, after proper request is made as herein
provided, to promptly permit entry therein by the code official or authorized
representative for the purpose of inspection and examination pursuant to this code.
(d) Stop Orders. Whenever any work is being done contrary to the provisions
of this code, the code official may order the work stopped by 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 code official
to proceed with the work.
(e) Authority To Disconnect Utilities In Emergencies. The code official or
authorized representative shall have the authority to disconnect any electric power
or energy service supplied to the building, structure, or building service equipment
therein regulated by this code in case of emergency where necessary to eliminate
an immediate hazard to life or property. The code official shall whenever possible
notify the serving utility, the owner, and occupant of the building, structure, or
electrical system or equipment of the decision to disconnect prior to taking such
action, and shall notify such serving utility, owner, and occupant of the building,
structure, or building service equipment, in writing, of such disconnection
immediately thereafter.
(f) Authority To Condemn Electrical System And Equipment. Whenever the
code official ascertains that any electrical system or equipment regulated in this
code has become hazardous to life, health, or property, the code official shall order
in writing that such electrical system or equipment either be removed or restored
to a safe condition, whichever is appropriate. The written notice itself shall fix a
time limit for compliance with such order. No person shall use or maintain defective
electrical systems or equipment after receiving such notice.
When such equipment or installation is to be disconnected, a written notice of such
disconnection and causes therefor shall be given within twenty- four (24) hours of
the order to disconnect to the serving utility, the owner, and occupant of such
building, structure, or premises.
When any electrical system or equipment is maintained in violation of this code
and in violation of any notice issued pursuant to the provisions of this section, the
code official shall institute any appropriate action to prevent, restrain, correct, or
abate the violation.
(g) Connection After Order To Disconnect. No person shall make connections
from any energy or power supply nor supply power to any electrical system or
equipment which has been disconnected or ordered to be disconnected by the
code official or the use of which has been ordered to be discontinued by the code
official until the code official authorizes the reconnection and use of such electrical
system or equipment.
(h) Liability. The code official, or authorized representative charged with the
enforcement of this code, acting in good faith and without malice in the discharge
of duties, shall not thereby be rendered personally liable for any damage that may
accrue to persons or property as a result of any act or by reason of any act or
omission in the discharge of duties. Any suit brought against the code official or
employee because of such act or omission performed in the enforcement of any
provision of such codes or other pertinent laws or ordinances implemented through
the enforcement of this code or enforced by the code enforcement agency shall be
defended by this jurisdiction until final termination of such proceedings, and any
judgment resulting therefrom shall be assumed by this jurisdiction.
This code shall not be construed to relieve from or lessen the responsibility of any
person owning, operating, or controlling any building or structure for any damages
to persons or property caused by defects, nor shall the code enforcement agency
or its parent jurisdiction be held as assuming any such liability by reason of the
inspections authorized by this code or any permits or certificates issued under this
code.
(i) Cooperation Of Other Officials And Officers. The code official may request,
and shall receive so far as is required in the discharge of duties, the assistance
and cooperation of other officials of this jurisdiction.
81-2. Unsafe Electrical Systems Or Equipment. All electrical systems or equipment
regulated by this code which are unsafe or which constitute a fire hazard or are otherwise
dangerous to human life are, for the purpose of this section, unsafe. Any use of electrical
systems or equipment regulated by this code 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.
All such unsafe electrical systems or equipment 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 1, chapter 4 of the city of Dubuque code
of ordinances. As an alternative, the code official or other employee or official of this
jurisdiction as designated by the governing body may institute any other appropriate
action to prevent, restrain, correct, or abate the violation.
81-3. Building Code Advisory and Appeal Board. See section 14-1A-6 of the city of
Dubuque code of ordinances.
Article 82.
82-1. Permits Required.
(a) Permits Required. Except as specified in subsections (b) and (c) of this
section, no electrical system regulated by this code shall be installed, altered,
repaired, replaced, or remodeled unless a separate electrical permit for each
building or structure has first been obtained from the code official.
(b) Exempt Work. An electrical permit shall not be required for the following:
(1) Portable motors or other portable appliances energized by means of
a cord or cable having an attachment plug end to be connected to an
approved receptacle when that cord or cable is permitted by this code;
(2) Repair or replacement of fixed motors, transformers, or fixed
approved appliances of the same type and rating in the same location;
(3) Temporary decorative lighting;
(4) Repair or replacement of current -carrying parts of any switch,
contractor, or control device;
(5) Reinstallation of attachment plug receptacles, but not the outlets
therefor;
(6) Repair or replacement of any overcurrent device of the required
capacity in the same location;
(7) Repair or replacement of electrodes or transformers of the same size
and capacity for signs or gas tube systems;
(9) Removal of electrical wiring;
(10) Temporary wiring for experimental purposes in suitable experimental
laboratories; or
(11) The wiring for temporary theater, motion picture, or television stage
sets.
However, any such exempted work that is to be performed in other than a single-
family home by the qualifying homeowner shall be performed by or directly
supervised by the holder of a state of Iowa class "A" or "B" master or journeyman
electrical license.
Exemption from the permit requirements of this code shall not be deemed to grant
authorization for any work to be done in violation of the provisions of this code or
any other laws or ordinances of this jurisdiction.
(c) Exempt Systems And Utilities. An electrical permit shall not be required for
the following:
(1) Electrical wiring, devices, appliances, apparatus, or equipment
operation at less than twenty-five (25) volts and not capable of supplying
more than fifty (50) watts of energy.
(2) Low energy power, control, and signal circuits of classes II and III as
defined in this code.
(3) A permit shall not be required for the installation, alteration, or repair
of electrical wiring, apparatus, or equipment for the generation,
transmission, distribution, or metering of electrical energy, or in the
operation of signals or the transmission of intelligence by a public or private
utility in the exercise of its function as a serving utility.
Exemption from the permit requirements of this code shall not be deemed
to grant authorization for any work to be done in violation of the provisions
of this code or any other laws or ordinances of this jurisdiction.
82-2. Permit Process.
(a) Application For Permit. The applicant for an electrical permit must be one
of the following:
(1) The homeowner as defined elsewhere in this ordinance; or,
(2) Registered with the state of Iowa as a class "A" master electrical
licensee and affiliated with an electrical contracting firm or business that is
also licensed by and registered with the state of Iowa.
(3) In-house electricians, not for hire by the general public.
(b) Application. To obtain a permit, the applicant shall first file an application
therefor in writing on a form furnished by the code enforcement agency for that
purpose. Every such application shall:
(1) Identify and describe the work to be covered by the permit for which
application is made;
(2) Describe the land on which the proposed work is to be done by legal
description, street address, or similar description that will readily identify and
definitely locate the proposed building or work;
(3) Identify the owner of property, and tenant if applicable, on which the
proposed work is to be done;
(4) Indicate the use or occupancy for which the proposed work is
intended;
(5) Be accompanied by plans, diagrams, computations, and
specifications and other data as required in subsection (c) of this section;
(6) Be signed by permittee or authorized agent; and
(7) Give such other data and information as may be required by the code
official.
(c) Plans And Specifications. Plans, engineering calculations, diagrams, and
other data shall be submitted in one or more sets with each application for a permit.
The code official may require plans, computations, and specifications to be
prepared and designed by an engineer or architect licensed by the state of Iowa
to practice as such.
EXCEPTION: The code official may waive the submission of plans, calculations,
etc., if it is found that the nature of the work applied for is such that reviewing of
plans is not necessary to obtain compliance with this code.
(d) Information On Plans And Specifications. Plans and specifications shall be
drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to
indicate the location, nature, and extent of the work proposed and show in detail
that it will conform to the provisions of this code and all relevant laws, ordinances,
rules, and regulations.
Plans for buildings more than two (2) stories in height of other than groups R,
division 3, and M occupancies shall indicate how required structural and fire -
resistive integrity will be maintained where a penetration will be made for electrical
and communication conduits, pipes, and similar systems.
82-3. Permit Issuance.
(a) Issuance. The application, plans, specifications, and other data filed by an
applicant for permit shall be reviewed by the code official. Such plans may be
reviewed by other departments of this jurisdiction to verify compliance with any
applicable laws under their jurisdiction. If the code official finds that the work
described in an application for a permit and the plans, specifications, and other
data filed therewith conform to the requirements of this code and other pertinent
laws and ordinances and that the fees specified in section 82-4 have been paid, a
permit shall be issued therefor to the applicant.
When the code official issues the permit where plans are required, the plans and
specifications shall be endorsed in writing or stamped "APPROVED". Such
approved plans and specifications shall not be changed, modified, or altered
without authorization from the code official and all work shall be done in
accordance with the approved plans.
The code official may issue a permit for the construction of part of an electrical
system before the entire plans and specifications for the whole system 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 personal risk without assurance that the permit for
the entire building, structure, or building service will be granted.
(b) Retention Of Plans. One set of approved plans and specifications shall be
returned to the applicant and shall be kept on the site of the building work at all
times during which the work authorized thereby is in progress. One set of approved
plans, specifications, and computations shall be retained by the code official until
final approval of the work.
(c) Validity Of Permit. The issuance 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 code, or of any other ordinance of the
jurisdiction. No permit presuming to give authority to violate or cancel the
provisions of these codes shall be valid.
The issuance of a permit based upon plans, specifications, and other data shall
not prevent the code official from thereafter requiring the correction of errors in said
plans, specifications, and other data or from preventing building operations being
carried on thereunder when in violation of this code or of any other ordinances of
this jurisdiction.
(d) Expiration. Every permit issued by the code 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 one hundred eighty (180) days
from the date of such permit, or if the work authorized by such permit is suspended
or abandoned for a period of one hundred eighty (180) days following the last
inspection of said work. Before such work can be recommenced, a new permit
shall be first obtained so to do, and the fee therefor shall be one-half (1/2) the
amount required for a new permit for such work provided no changes have been
made or will be made in the original plans and specifications for such work; and
provided further that such suspension or abandonment has not exceeded one (1)
year. In order to renew action on a permit after expiration, the permittee shall pay
a new full permit fee.
Any permittee holding an unexpired permit may apply for an extension of the time
within which work may commence under that permit when unable to commence
work within the time required by this section for good and satisfactory reasons. The
code official may extend the time for action by the permittee for a period not
exceeding one hundred eighty (180) days upon written request by the permittee
showing that circumstances beyond the control of the permittee have prevented
action from being taken. No permit shall be extended more than once.
(e) Suspension Or Revocation. The code official may, in writing, suspend or
revoke a permit issued under the provisions of this code whenever the permit is
issued in error or on the basis of incorrect information supplied or in violation of
any ordinance or regulation of the jurisdiction.
82-4. Fees.
(a) Permit Fees. The fee for each electrical permit shall be as established by
the city manager.
(b) Plan Review Fees. When a plan or other data are required to be submitted
by subsection (c) of section 82-2, a plan review fee shall be paid as established by
the city manager. Where plans are incomplete or changed so as to require
additional plan review, an additional plan review fee shall be charged at the rate
established by the city manager.
(c) Expiration Of Plan Review. Applications for which no permit is issued within
one hundred eighty (180) days following the date of application shall expire by
limitation and plans and other data submitted for review may thereafter be returned
to the applicant or destroyed by the code official. The code official may extend the
time for action by the applicant for a period not exceeding one hundred eighty (180)
days upon request by the applicant showing that circumstances beyond the control
of the applicant have prevented action from being taken. No application shall be
extended more than once. In order to renew action on an application after
expiration, the applicant shall resubmit plans and pay a new plan review fee.
(d) Investigation Fees For Work Without A Permit.
(1) Investigation. Whenever any work for which a permit is required by
this code has been commenced without first obtaining said permit, a special
investigation shall be made before a permit may be issued for such work.
(2) Fee. An investigation fee, in addition to the permit fee, shall be
collected whether or not a permit is then or subsequently issued. The
investigation fee shall be equal to the amount of the permit fee that would
be required by this code if a permit were to be issued. The payment of such
investigation fee shall not exempt any person from compliance with all other
provisions of either this code nor from any penalty prescribed by law.
(e) Fee Refunds.
(1) The code official may authorize the refunding of any fee paid
hereunder which was erroneously paid or collected.
(2) The code official may authorize the refunding of not more than eighty
percent (80%) of the permit fee paid when no work has been done under a
permit issued in accordance with this code.
(3) The code official may authorize the refunding of not more than eighty
percent (80%) of the plan review fee paid when an application for a permit
for which a plan review fee has been paid is withdrawn or canceled before
any plan reviewing is done.
The code official shall not authorize the refunding of any fee paid except
upon written application filed by the original permittee no later than one
hundred eighty (180) days after the date of fee payment.
82-5. Inspections.
(a) General. All electrical systems and equipment for which a permit is required
by this code shall be subject to inspection by the code official. No portion of any
electrical system intended to be concealed shall be concealed until inspected and
approved. Neither the code official nor this jurisdiction shall be liable for expense
entailed in the removal or replacement of any material required to allow inspection.
When the installation of an electrical system and equipment is complete an
additional and final inspection shall be made. Electrical systems and equipment
regulated by this code shall not be connected to the energy source until authorized
by the code official.
(b) Inspection Requests. It shall be the duty of the person doing the work
authorized by a permit to notify the code official that such work is ready for
inspection. The code official may require that every request for inspection be filed
at least one (1) business day before such inspection is desired. Such request may
be in writing or by telephone at the option of the code official.
It shall be the duty of the person requesting inspections required by this code to
provide access to and means for proper inspection of such work.
(c) Operation Of Electrical Equipment. The requirements of this section shall
not be construed to prohibit the operation of any electrical system or equipment
installed to replace existing equipment. The request for inspection of such
equipment must have been filed with the code official not more than forty-eight (48)
hours after such replacement work is completed and before any portion of such
electrical system is concealed by any permanent portion of the building.
(d) Other Inspections. In addition to the called inspections required by this
code, the code official may make or require other inspections of any work to
ascertain compliance with the provisions of this code and other laws which are
enforced by the code enforcement agency.
(e) Re -Inspections. A re -inspection fee may be assessed for each inspection
or reinspection when such portion of work for which inspection is called is not
complete or when corrections called for are not made.
This provision is not to be interpreted as requiring re -inspection fees the first time
a job is rejected for failure to comply with the requirements of this code, but as
controlling the practice of calling for inspections before the job is ready for such
inspection or re -inspection.
Re -inspection fees may be assessed when the approved plans are not readily
available to the inspector, for failure to provide access on the date for which
inspection is requested, or for deviating from plans requiring the approval of the
code official.
To obtain a re -inspection, the applicant shall file an application therefor in writing
upon a form furnished for that purpose and pay the re -inspection fee in accordance
with table no. 13-A.
In instances where re -inspection fees have been assessed, no additional
inspection of the work will be performed until the required fees have been paid.
(f) Monthly Maintenance Inspections. In industrial plants where experienced
electricians are regularly employed and who have charge of the electrical work in
such plants, a monthly inspection shall be made by the code official of the
installation of electric wiring, fixtures, appliances, work and materials used in
connection with the operation of work in said plant. A record shall be kept at such
plants covering the preceding month. This record shall be filed with the code official
each month prior to the time set for making regular inspection. Any falsity
contained in the reports required to be filed with the code official shall subject the
person, firm, or corporation responsible therefor to the penalties provided in this
article.
82-6. Connection Approval.
(a) Energy Connections. An electrical system or equipment regulated by this
code for which a permit is required shall not be connected to a source of energy
or power until approved by the code official.
(b) Temporary Connections. The code official may authorize the temporary
connection of the electrical system or equipment to the source of energy or power
for the purpose of testing the equipment or for use under a temporary certificate of
occupancy.
Article 83.
83-1. Definitions. For use within this article, the following words and phrases are defined:
Electrical equipment. All electrical materials, wiring, conductors, fittings, devices,
appliances, fixtures, signs, and apparatus or parts thereof.
Electrical work. All installations, alterations, repairs, removals, renewals,
replacements, connections, disconnections, and maintenance of all electrical
equipment except as otherwise noted.
Homeowner. The owner of property that is the owner's principal place of residence,
if such residence is an existing dwelling rather than new construction and is not
larger than a single family dwelling or farm property and shall qualify for the
homestead tax exemption.
Licensed. Licensed under this article or Iowa Code section 103.2, except as
otherwise specified.
Maintenance electrician. A person who has the necessary training, experience,
and technical knowledge to undertake the work of servicing, maintaining, and
repairing electrical devices, appliances, and equipment within the stipulated
confines of property owned or controlled by the firm, business, or company by
whom employed. An electrical maintenance certificate of competency may be
issued to an individual and will entitle the holder thereof to undertake the work of
servicing, maintaining, and repairing electrical devices, appliances, and equipment
only within the confines of the property owned by such individual for use or
application to such property.
Registered, under this article. A copy of the licensed person's license and current
contact information has been provided to the city of Dubuque building services
department on forms provided by building services department, except as
otherwise specified.
83-2. Registration Required; Exceptions.
(a) No person, firm, or corporation shall perform any electrical work as an
electrical contractor, master electrician, journeyman electrician, apprentice
electrician, unclassified person, or maintenance electrician in the city of Dubuque
unless registered as provided in this article.
(b) No electrical contractor or electrical maintenance electrician shall employ
any apprentice or unclassified person to perform any electrical work unless said
apprentice or unclassified person is under the direct personal on-the-job
supervision of a state master electrician or state journeyman electrician. The ratio
of apprentice electricians or unclassified persons to holders of state of Iowa master
or journeyman electrical licenses or electrical maintenance licenses at any time
shall not exceed the ratios given in subsection 83-2(f).
Direct personal on-the-job supervision and control and in the immediate presence
of a licensee shall mean the licensee and the apprentice electrician or unclassified
person shall be working at the same project location but shall not require that the
licensee and apprentice electrician or unclassified person be within sight of one
another at all times.
Every person who desires to perform the work of an electrical laborer/helper shall
provide their name and contact information to the building services department on
such forms as the code official shall prescribe.
Apprentice electricians shall not install, alter, or repair electrical equipment except
as provided in this ordinance and the licensee employing or supervising the
apprentice electricians shall not authorize or permit such actions by the apprentice
electricians.
Unclassified persons shall not install, alter, or repair any energized electrical
equipment and the licensee employing or supervising the unclassified persons
shall not authorize or permit such actions by the unclassified persons.
Apprentice electricians shall do no electrical wiring except under the direct
personal on-the-job supervision and control and in the immediate presence of a
licensee as provided in this ordinance. Such supervision shall include both on-the-
job training and related classroom training as approved by the state of Iowa
electrical examining board and the bureau of apprenticeship and training of the
United States department of labor.
Unclassified persons shall do no electrical wiring except under the direct personal
on-the-job supervision and control and in the immediate presence of a licensee as
provided in this ordinance.
Employment of unregistered master, journeyman, apprentice electricians, or
unclassified persons shall be grounds for the suspension or revocation of the
employing electrical contractor's registration and their ability to do work within the
limits of the city of Dubuque.
Employment of unregistered master, journeyman, apprentice electricians, or
unclassified persons shall be grounds for the suspension or revocation of the
employing maintenance electrician's registration and their ability to do work within
the limits of the city of Dubuque.
(c) The owner or owners of a single-family dwelling, or mobile home, including
the usual accessory building and quarters used exclusively for living purposes may
do such electrical work without registration as demonstrated by the capability to
do, to the code official, providing that the dwelling or mobile home is occupied by
the owner and that a permit is issued as provided in the electrical code.
(d) The provisions of this article shall not apply to any regular employee of a
public utility who does electrical work for such public utility only, nor shall they apply
to the electrical work of a telephone or telegraph company, nor the persons, firms,
or corporations performing electrical work for such a company, where such
electrical work is an integral part of the plant used by such telephone or telegraph
company in rendering its duly authorized service to the public, nor to any regular
employee of any railroad who does electrical work only as a part of that
employment.
(e) The provisions of this article shall not apply to the replacement of integral
parts of equipment or appliances by firms or persons in possession of a valid
electrical maintenance license issued previously to the firm or person by the
building services department of the city under other pertinent city ordinances.
(f) The maximum number of state of Iowa licensed apprentice electricians or
state of Iowa licensed unclassified persons that may be supervised by a licensed
city of Dubuque or state of Iowa master, journeyman, or maintenance electrician
shall not exceed one to one (1:1).
The supervision ratio of this section need not apply to apprenticeship classroom
training.
83-3. Classes Of Dubuque Electrical License.
(a) One (1) class of license is hereby established and certificates thereof shall
be renewed only upon the direction of the Building Code Advisory and Appeals
board. This class shall be designated respectively as:
Electrical maintenance license shall entitle the holder thereof to undertake, within
the corporate limits of the city of Dubuque, the work of installing, servicing,
maintaining, altering, and repairing electrical devices, appliances, and equipment
within the confines of property owned or controlled by the firm, business, or
company employing such registration holder or within the confines of property
owned by an individual.
83-10. Suspension Of Permit Privilege For Multiple Violations. Where a licensed electrical
contractor is found doing electrical work without an electrical permit on three (3) separate
occasions in one (1) year, a hearing shall be held by the code official at which time the
permit privileges of said electrical contractor may be suspended for a period of time not
to exceed one (1) year. The Building Code Advisory and Appeal board as established by
article 81-3 shall be present at such hearings and shall act as advisors to the code official
in determining the course of action to be taken.
210.8. Ground -Fault Circuit -Interrupter Protection For Personnel. Ground -fault circuit -
interrupter protection for personnel shall be provided as required in 210.8(A) through (F).
The ground -fault circuit -interrupter shall be installed in a readily accessible location.
210.8(A) Dwelling Units. All 125-volt, single-phase, 15- and 20-ampere receptacles
installed in locations specified in 210.8(A)(1) through 210.8(A)(11) shall have ground -fault
circuit -interrupter protection for personnel.
(1) Bathrooms.
(2) Garages and also accessory buildings that have a floor located at or below
grade level not intended to be habitable rooms and limited to storage areas, work
areas or similar use.
(3) Outdoors.
Exception to (3): Receptacles that are not readily accessible and are supplied
branch circuit dedicated to electrical snow -melting, deicing, or pipeline and vessel
heating equipment shall be permitted to be installed in accordance with 426.28 or
427.22, as applicable.
(4) Crawl spaces — at or below grade level.
(5) Basements.
Exception to (5): A receptacle supplying only a permanently installed fire alarm or
burglar alarm system shall not be required to have ground -fault circuit -interrupter
protection. Informational Note: See 760.41 B and 760.121(B) for power supply
requirements for fire alarm systems. Receptacles installed under the exception to
210.8(A)(5) shall not be considered as meeting the requirements of 210.52(G).
(6) Kitchens — where the receptacles are installed to serve the countertop
surfaces.
(7) Sinks — where the receptacles are installed within 1.8 m (6 ft) from the top
inside edge of the bowl of the sink.
(8) Boathouses.
(9) Bathtubs or shower stalls — where receptacles are installed within 1.8 m (6
ft) of the outside edge of the bathtub or shower stall.
(10) Laundry areas.
Exception to (1) through (3), (5) through (8), and (10): Listed locking support and
mounting receptacles utilized in combination with compatible attachment fittings
installed for the purpose of serving a ceiling luminaire or ceiling fan shall not be
required to be ground -fault circuit -interrupter protected. If a general-purpose
convenience receptacle is integral to the ceiling luminaire or ceiling fan, GFCI
protection shall be provided.
(11) Indoor damp and wet locations.
334.10. Uses Permitted.
Type NM, type NMC, and type NMS cables shall be permitted to be used in the following:
(2) Multifamily dwellings, two (2) stories or less in height, permitted to be of
types III, IV, and V construction except as prohibited in 334.12.
(3) Other residential or accessory structures, two (2) stories or less in height,
permitted to be of types III, IV, and V construction except as prohibited in 334.12.
Cables shall be concealed within walls, floors, or ceilings that provide a thermal
barrier of material that has at least a fifteen (15) minute finish rating as identified
in listings of fire -rated assemblies.
(4) Manufactured buildings as defined and regulated in article 545 of the
national electrical code. Manufactured buildings must comply with the provisions
of article 545.
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:
12/24/2021
and for which the charge is 367.69
Subscribed to b ore me, a Nota blic in and for
Dubuque County, Iowa,
this 27th day of December, 2021
Notary 0
lie in an for Dubuque tounty, Iowa.
tom' Commisslan Humber 199559
My Comm. Ex p. DEC it, 2422
Ad text : OFFICIAL PUBLICATION
ORDINANCE NO. 48-21
EXECUTIVE SUMMARY
THE ORDINANCE IN ITS ENTIRETY IS ON FILE IN THE OFFICE OF
THE CITY CLERK, 50 W. 13TH STREET, DUBUQUE. NORMAL BUSINESS
HOURS ARE 8:00 AM - 5:00 PM MONDAY - FRIDAY
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14
BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE D
ELECTRICAL CODE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. Title 14, Chapter 1, Article D of the City of
Dubuque Code of Ordinances is amended to read as follows:
14-113-1: NATIONAL ELECTRICAL CODE ADOPTED:
Except as hereinafter added to, deleted, modified or
amended, there is hereby adopted by reference as the
Electrical Code of the City that certain Electrical Code known
as the National Electrical Code, 2020 edition, as prepared and
edited by the National Fire Protection Agency, Quincy,
Massachusetts, and the provisions of such Electrical Code
shall be controlling in the supply of electricity and in the
installation, maintenance and use of all electrical conductors
and equipment and installation of optical fiber cable within
the corporate limits of the City, and shall be known as the
Dubuque Electrical Code. A copy of the National Electrical
Code, 2020 edition, as adopted, shall be on file in the Office
of the City Clerk for public inspection.
14-1D-2: NATIONAL ELECTRICAL CODE AMENDMENTS:
The National Electrical Code adopted by section 14-113-1 of
this article is hereby amended as follows:
Article 80.
80-2. Application To Existing Electrical Systems And
Equipment.
[For purposes of this Ordinance, the following terms shall
have specific meaning. Legal descriptions are on file in the
Office of the City Clerk.]
(a)"Additions, Alterations, Or Repairs
(b)"Existing Installations.
(c)"Changes In Building Occupancy.
(d)"Maintenance
(e)"Moved Building.
80-3. Definitions, General. For the purpose of these
provisions, certain terms, phrases, words, and their
derivatives shall be construed as specified in this section.
Where terms are not defined, they shall have their ordinarily
accepted meanings within the context with which they are used.
Webster's third new international dictionary of the English
language, unabridged, copyright 1981, shall be considered as
providing ordinarily accepted meanings. Words used in the
singular include the plural and the plural the singular. Words
used in masculine gender include the feminine and the feminine
the masculine.
[For purposes of this Ordinance, the following terms shall
have specific meaning. Legal descriptions are on file in the
Office of the City Clerk.]
Approved agency.
Approved, as to materials, equipment, and method of
construction.
Building code.
Chief electrical inspector.
Code enforcement agency.
Code official.
Commercial installation.
Dubuque board.
Electrical code.
Electrical equipment.
Electrical work.
Firewall.
In-house electricians.
Industrial installation.
Inspector.
Listed and listing.
Multiple occupancy building.
New electrical installation.
Occupancy.
Public use building or facility.
Residential installation.
Routine maintenance.
State board.
80-5. Alternate Materials And Methods Of Construction. The
provisions of this code are not intended to prevent the use of
any material or method of construction not specifically
prescribed by this code, provided any altemate has been
approved and its use authorized by the code official.
The code official may approve any alternate, provided it is
found that the proposed design is satisfactory and complies
with the provisions of this code and that the material,
method, or work offered is, for the purpose intended, at least
the equivalent of that prescribed in this code in suitability,
strength, effectiveness, fire resistance, durability, and
safety.
The code official shall require that sufficient evidence or
proof be submitted to substantiate any claims regarding the
use of alternates. The details of any action granting approval
of an alternate shall be recorded and entered in the files of
the code enforcement agency.
80-6. Modifications. Whenever there are practical
difficulties involved in carrying out the provisions of this
code, the code official may grant modifications for individual
cases, provided it is found that a special individual reason
makes the strict letter of this code impractical and the
modification is in conformity with the intent and purpose of
this code, and that such modification does not lessen health,
life, and fire safety requirements. The details of actions
granting modifications shall be recorded and entered in the
files of the code enforcement agency.
80-7. Tests. Whenever there is insufficient evidence of
compliance with any of the provisions of this code or evidence
that materials or construction do not conform to the
requirements of this code, the code official may require tests
as evidence of compliance to be made at no expense to this
jurisdiction.
Test methods shall be as specified by this code or by other
recognized test standards. In the absence of recognized and
accepted test methods for the proposed alternate, the code
official shall determine test procedures.
All tests shall be made by an approved agency. Reports of
such tests shall be retained by the code official for the
period required for the retention of public records.
Article 81.
[For purposes of this Ordinance, the following terms shall
have specific meaning. Legal descriptions are on file in the
Office of the City Clerk.]
81-1. Powers And Duties Of Code Official.
(a)"General.
(b)"Deputies.
(c)"Right Of Entry.
(d)"Stop Orders.
(e)"Authority To Disconnect Utilities In Emergencies.
(f)"Authority To Condemn Electrical System And Equipment.
(g)"Connection After Order To Disconnect.
(h)"Liability.
(i)"Cooperation Of Other Officials And Officers.
81-2. Unsafe Electrical Systems Or Equipment. All electrical
systems or equipment regulated by this code which are unsafe
or which constitute a fire hazard or are otherwise dangerous
to human life are, for the purpose of this section, unsafe.
Any use of electrical systems or equipment regulated by this
code 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.
All such unsafe electrical systems or equipment 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 1, chapter 4 of the city of
Dubuque code of ordinances. As an alternative, the code
official or other employee or official of this jurisdiction as
designated by the governing body may institute any other
appropriate action to prevent, restrain, correct, or abate the
violation.
81-3. Building Code Advisory and Appeal Board. See section
14-1A-6 of the city of Dubuque code of ordinances.
Article 82.
82-1. Permits Required.
(a)"Permits Required. Except as specified in subsections (b)
and (c) of this section, no electrical system regulated by
this code shall be installed, altered, repaired, replaced, or
remodeled unless a separate electrical permit for each
building or structure has first been obtained from the code
official.
(b)"Exempt Work. An electrical permit shall not be required
for the following:
(1)"Portable motors or other portable appliances energized
by means of a cord or cable having an attachment plug end to
be connected to an approved receptacle when that cord or cable
is permitted by this code;
(2)"Repair or replacement of fixed motors, transformers, or
fixed approved appliances of the same type and rating in the
same location;
(3)"Temporary decorative lighting;
(4) "Repair or replacement of current -carrying parts of any
switch, contractor, or control device;
(5)"Reinstallation of attachment plug receptacles, but not
the outlets therefor;
(6)"Repair or replacement of any overcurrent device of the
required capacity in the same location;
(7)"Repair or replacement of electrodes or transformers of
the same size and capacity for signs or gas tube systems;
(9)"Removal of electrical wiring;
(10)"Temporary wiring for experimental purposes in suitable
experimental laboratories; or
(11)"The wiring for temporary theater, motion picture, or
television stage sets.
However, any such exempted work that is to be performed in
other than a single-family home by the qualifying homeowner
shall be performed by or directly supervised by the holder of
a state of Iowa class "A" or 'B" master or journeyman
electrical license.
Exemption from the permit requirements of this code shall
not be deemed to grant authorization for any work to be done
in violation of the provisions of this code or any other laws
or ordinances of this jurisdiction.
(c)"Exempt Systems And Utilities. An electrical permit shall
not be required for the following:
(1)"Electrical wiring, devices, appliances, apparatus, or
equipment operation at less than twenty-five (25) volts and
not capable of supplying more than fifty (50) watts of energy.
(2)"Low energy power, control, and signal circuits of
classes II and III as defined in this code.
(3)"A permit shall not be required for the installation,
alteration, or repair of electrical wiring, apparatus, or
equipment for the generation, transmission, distribution, or
metering of electrical energy, or in the operation of signals
or the transmission of intelligence by a public or private
utility in the exercise of its function as a serving utility.
Exemption from the permit requirements of this code shall
not be deemed to grant authorization for any work to be done
in violation of the provisions of this code or any other laws
or ordinances of this jurisdiction.
82-2. Permit Process.
[For purposes of this Ordinance, the following terms shall
have specific meaning. Legal descriptions are on file in the
Office of the City Clerk.]
(a)"Application For Permit
(b)"Application.
(c)"Plans And Specifications.
(d)"Information On Plans And Specifications
82-3. Permit Issuance.
[For purposes of this Ordinance, the following terms shall
have specific meaning. Legal descriptions are on file in the
Office of the City Clerk.]
(a)"Issuance.
(b)"Retention Of Plans.
(c)"Validity Of Permit.
(d)"Expiration.
(e)"Suspension Or Revocation.
82-4. Fees.
(a)"Permit Fees. The fee for each electrical permit shall be
as established by the city manager.
(b)"Plan Review Fees. When a plan or other data are required
to be submitted by subsection (c) of section 82-2, a plan
review fee shall be paid as established by the city manager.
Where plans are incomplete or changed so as to require
additional plan review, an additional plan review fee shall be
charged at the rate established by the city manager.
(c)"Expiration Of Plan Review. Applications for which no
permit is issued within one hundred eighty (180) days
following the date of application shall expire by limitation
and plans and other data submitted for review may thereafter
be returned to the applicant or destroyed by the code
official. The code official may extend the time for action by
the applicant for a period not exceeding one hundred eighty
(180) days upon request by the applicant showing that
circumstances beyond the control of the applicant have
prevented action from being taken. No application shall be
extended more than once. In order to renew action on an
application after expiration, the applicant shall resubmit
plans and pay a new plan review fee.
(d)"Investigation Fees For Work Without A Permit.
(1)"Investigation. Whenever any work for which a permit is
required by this code has been commenced without first
obtaining said permit, a special investigation shall be made
before a permit may be issued for such work.
(2)"Fee. An investigation fee, in addition to the permit
fee, shall be collected whether or not a permit is then or
subsequently issued. The investigation fee shall be equal to
the amount of the permit fee that would be required by this
code if a permit were to be issued. The payment of such
investigation fee shall not exempt any person from compliance
with all other provisions of either this code nor from any
penalty prescribed by law.
(e)"Fee Refunds.
(1)"The code official may authorize the refunding of any fee
paid hereunder which was erroneously paid or collected.
(2)"The code official may authorize the refunding of not
more than eighty percent (80%) of the permit fee paid when no
work has been done under a permit issued in accordance with
this code.
(3)"The code official may authorize the refunding of not
more than eighty percent (80%) of the plan review fee paid
when an application for a permit for which a plan review fee
has been paid is withdrawn or canceled before any plan
reviewing is done.
The code official shall not authorize the refunding of any
fee paid except upon written application filed by the original
pemuttee no later than one hundred eighty (180) days after
the date of fee payment.
82-5. Inspections.
[For purposes of this Ordinance, the following terms shall
have specific meaning. Legal descriptions are on file in the
Office of the City Clerk.]
(a)"General.
(b)"Inspection Requests.
(c)"Operation Of Electrical Equipment.
(d)"Other Inspections.
(e)"Re-Inspections.
(f)"Monthly Maintenance Inspections.
82-6. Connection Approval.
[For purposes of this Ordinance, the following terms shall
have specific meaning. Legal descriptions are on file in the
Office of the City Clerk.]
(a)"Energy Connections.
(b)"Temporary Connections.
Article 83.
83-1. Definitions. For use within this article, the
following words and phrases are defined:
[For purposes of this Ordinance, the following terms shall
have specific meaning. Legal descriptions are on file in the
Office of the City Clerk.]
Electrical equipment.
Electrical work.
Homeowner.
Licensed.
Maintenance electrician.
Registered, under this article.
83-2. Registration Required; Exceptions.
(a)"No person, firm, or corporation shall perform any
electrical work as an electrical contractor, master
electrician, journeyman electrician, apprentice electrician,
unclassified person, or maintenance electrician in the city of
Dubuque unless registered as provided in this article.
(b)"No electrical contractor or electrical maintenance
electrician shall employ any apprentice or unclassified person
to perform any electrical work unless said apprentice or
unclassified person is under the direct personal on-the-job
supervision of a state master electrician or state journeyman
electrician. The ratio of apprentice electricians or
unclassified persons to holders of state of Iowa master or
journeyman electrical licenses or electrical maintenance
licenses at any time shall not exceed the ratios given in
subsection 83-2(f).
Direct personal on-the-job supervision and control and in
the immediate presence of a licensee shall mean the licensee
and the apprentice electrician or unclassified person shall be
working at the same project location but shall not require
that the licensee and apprentice electrician or unclassified
person be within sight of one another at all times.
Every person who desires to perform the work of an
electrical laborer/helper shall provide their name and contact
information to the building services department on such forms
as the code official shall prescribe.
Apprentice electricians shall not install, alter, or repair
electrical equipment except as provided in this ordinance and
the licensee employing or supervising the apprentice
electricians shall not authorize or permit such actions by the
apprentice electricians.
Unclassified persons shall not install, alter, or repair any
energized electrical equipment and the licensee employing or
supervising the unclassified persons shall not authorize or
permit such actions by the unclassified persons.
Apprentice electricians shall do no electrical wiring except
under the direct personal on-the-job supervision and control
and in the immediate presence of a licensee as provided in
this ordinance. Such supervision shall include both on-the-job
training and related classroom training as approved by the
state of Iowa electrical examining board and the bureau of
apprenticeship and training of the United States department of
labor.
Unclassified persons shall do no electrical wiring except
under the direct personal on-the-job supervision and control
and in the immediate presence of a licensee as provided in
this ordinance.
Employment of unregistered master, journeyman, apprentice
electricians, or unclassified persons shall be grounds for the
suspension or revocation of the employing electrical
contractor's registration and their ability to do work within
the limits of the city of Dubuque.
Employment of unregistered master, journeyman, apprentice
electricians, or unclassified persons shall be grounds for the
suspension or revocation of the employing maintenance
electrician's registration and their ability to do work within
the limits of the city of Dubuque.
(c)"The owner or owners of a single-family dwelling, or
mobile home, including the usual accessory building and
quarters used exclusively for living purposes may do such
electrical work without registration as demonstrated by the
capability to do, to the code official, providing that the
dwelling or mobile home is occupied by the owner and that a
permit is issued as provided in the electrical code.
(d)"The provisions of this article shall not apply to any
regular employee of a public utility who does electrical work
for such public utility only, nor shall they apply to the
electrical work of a telephone or telegraph company, nor the
persons, firms, or corporations performing electrical work for
such a company, where such electrical work is an integral part
of the plant used by such telephone or telegraph company in
rendering its duly authorized service to the public, nor to
any regular employee of any railroad who does electrical work
only as a part of that employment.
(e)"The provisions of this article shall not apply to the
replacement of integral parts of equipment or appliances by
firms or persons in possession of a valid electrical
maintenance license issued previously to the firm or person by
the building services department of the city under other
pertinent city ordinances.
(f)"The maximum number of state of Iowa licensed apprentice
electricians or state of Iowa licensed unclassified persons
that may be supervised by a licensed city of Dubuque or state
of Iowa master, journeyman, or maintenance electrician shall
not exceed one to one (1: 1).
The supervision ratio of this section need not apply to
apprenticeship classroom training.
83-3. Classes Of Dubuque Electrical License.
(a)"One (1) class of license is hereby established and
certificates thereof shall be renewed only upon the direction
of the Building Code Advisory and Appeals board. This class
shall be designated respectively as:
Electrical maintenance license shall entitle the holder
thereof to undertake, within the corporate limits of the city
of Dubuque, the work of installing, servicing, maintaining,
altering, and repairing electrical devices, appliances, and
equipment within the confines of property owned or controlled
by the firm, business, or company employing such registration
holder or within the confines of property owned by an
individual.
83-10. Suspension Of Permit Privilege For Multiple
Violations. Where a licensed electrical contractor is found
doing electrical work without an electrical permit on three
(3) separate occasions in one (1) year, a hearing shall be
held by the code official at which time the permit privileges
of said electrical contractor may be suspended for a period of
time not to exceed one (1) year. The Building Code Advisory
and Appeal board as established by article 81-3 shall be
present at such hearings and shall act as advisors to the code
official in determining the course of action to be taken.
210.8. Ground -Fault Circuit -Interrupter Protection For
Personnel. Ground -fault circuit -interrupter protection for
personnel shall be provided as required in 210.8(A) through
(F). The ground -fault circuit -interrupter shall be installed
in a readily accessible location.
[For purposes of this Ordinance, the following terms shall
have specific meaning. Legal descriptions are on file in the
Office of the City Clerk.]
210.8(A)"Dwelling Units.
(1) "Bathrooms.
(2)"Garages and also accessory buildings that have a floor
located at or below grade level not intended to be habitable
rooms and limited to storage areas, work areas or similar use.
(3)"Outdoors.
(4)"Crawl spaces at or below grade level.
(5)"Basements.
(6)"Kitchens where the receptacles are installed to serve
the countertop surfaces.
(7)"Sinks where the receptacles are installed within 1.8 in
(6 ft) from the top inside edge of the bowl of the sink.
(8)"Boathouses.
(9)"Bathtubs or shower stalls where receptacles are
installed within 1.8 in (6 ft) of the outside edge of the
bathtub or shower stall.
(10)"Laundry areas.
(11)"Indoor damp and wet locations.
334.10. Uses Permitted.
Type NM, type NMC, and type NMS cables shall be permitted to
be used in the following:
(2)"Multifamily dwellings, two (2) stories or less in
height, permitted to be of types III, IV, and V construction
except as prohibited in 334.12.
(3)"Other residential or accessory structures, two (2)
stories or less in height, permitted to be of types III, IV,
and V construction except as prohibited in 334.12. Cables
shall be concealed within walls, floors, or ceilings that
provide a thermal barrier of material that has at least a
fifteen (15) minute finish rating as identified in listings of
fire -rated assemblies.
(4)"Manufactured buildings as defined and regulated in
article 545 of the national electrical code. Manufactured
buildings must comply with the provisions of article 545.
Section 2. This ordinance shall take effect upon
publication.
Passed, approved, and adopted this 20th day of December,
2021.
/s/Roy D. Buol, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on
the 24th day of December, 2021.
/s/Adrienne N. Breitfelder, City Clerk
It 12/24