Adoption of the 2009 International Fire CodeMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Adoption of the 2009 International Fire Code
DATE: July 29, 2010
Fire Chief Dan Brown recommends the City Council adopt the 2009 International Fire
Code published by the International Code Council, Inc. The adoption of the 2009
International Fire Code will continue to allow general contractors, architects, system
designers and Fire Department staff members to use an up -to -date fire code. The
adoption of the Fire Code will continue to have a positive impact on the Insurance
Services Organization rating of the City of Dubuque's Fire Services Department.
The City of Dubuque adopted the 2003 edition of the International Fire Code in 2004.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Dan Brown, Fire Chief
Michael C. Van Milligen
Dubuque
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2007
Masterpiece on the Mississippi
July 27, 2010
TO: Michael C. Van Milligen, City Manager
FROM: Dan Brown, Fire Chief 14D s
RE: Adoption of the 2009 International Fire Code
Dubuque
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All- AmedcaCily
1
2007
INTRODUCTION: The purpose of this memo is to recommend the amending of the City
Ordinance by adoption of the 2009 International Fire Code (IFC) published by the
International Code Council, Inc.
BACKGROUND:
The City of Dubuque adopted the 2003 edition of the International Fire Code in 2004.
DISCUSSION: The adoption of the 2009 International Fire Code will continue to allow
general contractors, architects, system designers and Fire Department staff members to
use an up -to -date fire code. The adoption of the Fire Code will continue to have a
positive impact on the Insurance Services Organization rating of the City of Dubuque's
Fire Services Department.
The State of Iowa and a number of larger Fire Departments in Iowa have or are
planning to adopt the 2009 International Fire Code.
The International Fire code 2009 works in conjunction with the other ICC codes adopted
by the Building Department (IBC, IMC, IPC and IRC).
RECOMMENDATION: I recommend the 2009 International Fire Code be presented to
Mayor and City Council for adoption. Attached is an ordinance for the City Council's
use.
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381
ORDINANCE NO. 46-10
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE E FIRE CODE AND
REGULATIONS BY REPEALING SUCH SECTION AND ADOPTING A NEW TITLE
14, CHAPTER 1, ARTICLE E, SECTIONS 1 THROUGH 5 WHICH ADOPT THE
INTERNATIONAL FIRE CODE, 2009 EDITION, AMENDS THE INTERNATIONAL
FIRE CODE, 2009 EDITION, AS ADOPTED, AND PROVIDES FOR ENFORCEMENT,
ADDRESSES EMERGENT SITUATIONS, AND PROVIDES DISCRETION TO THE
FIRE CHIEF
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14-1E-1 of the City of Dubuque Code of Ordinances is
amended by repealing Section 14-1E-1 and enacting a new Section 14-1E-1 in lieu
thereof as follows:
14-1E-1: INTERNATIONAL FIRE CODE ADOPTED:
Except as hereinafter added to, deleted, modified or amended, the International Fire
Code, 2009 edition, as promulgated by the International Code Council, is hereby
adopted by reference from the effective date hereof.
A copy of the International Fire Code, 2009 edition, shall be on file in the office of the
city clerk for public inspection.
Section 2. Section 14-1E-2 of the City of Dubuque Code of Ordinances is
amended by repealing Section 14-1E-2 and enacting the following additions, deletions,
modifications, or amendments of the International Fire Code, 2009 Edition, adopted in
Section 14-1E-1 to read as follows:
14-1E-2: INTERNATIONAL FIRE CODE AMENDMENTS:
Section 102.5, Historic buildings. Repairs, alterations and additions necessary for the
preservation, restoration, rehabilitation, continued use or change of use of a historic
building may be made in compliance with the provisions of the 1997 Edition of the
Uniform Code for Building Conservation (UCBC) or Title 14, Chapter 5 of the City of
Dubuque Code of Ordinances.
Where, in any specific case, different sections of this code specify different materials,
methods of construction or other requirements, the most restrictive shall govern. Where
there is a conflict between a general requirement and a specific requirement, the
specific requirement shall be applicable.
Wherever in this code reference is made to the appendix, the provisions in the appendix
shall not apply unless specifically adopted.
Section 104.1.2, Fire /Police Investigators. The fire chief may appoint and designate
such members of the fire department as fire /police investigators upon being certified by
the Iowa Law Enforcement Academy. A fire /police investigator shall have the powers of
a peace officer in performing the duties under this code, including full powers of arrest
to effectuate the duties of enforcing city ordinances and state statutes. Notwithstanding
such status as a peace officer, a fire /police investigator shall be subject to the rules and
regulations of the Dubuque fire department and shall perform such functions as the fire
chief shall assign.
Section 105, Permits Required. It shall be unlawful for any person, firm or corporation to
use a building or premises or engage in any activities for which a permit is required by
the code of ordinances without first having obtained such permit.
Section 108. Whenever the fire chief shall disapprove an application or refuse to grant a
permit applied for, that applicant may appeal from the decision of the fire chief to the city
manager within ten (10) days from the date of the decision appealed. Such appeal to
the city manager shall be made in writing setting forth the decision appealed from and
the grounds for such appeal.
Section 109.3, Violation Penalties is hereby repealed.
Section 3. Sections 14-1E-3, 14-1E-4, and 14-1E-5 of the City of Dubuque Code
of Ordinances is amended by repealing Sections 14-1E-3, 14-1E-4, and 14-1E-5 and
enacting new Sections 14-1E-3, 14-1E-4, and 14-1E-5 in lieu thereof as follows:
14-1E-3: INTERNATIONAL FIRE CODE ENFORCEMENT:
The code adopted by section 14 -1 E -1 of this article shall be enforced by the bureau of
fire prevention in the fire department of the city.
14-1E-4: EMERGENCIES:
Where a situation requires immediate decision that of the fire chief shall be final and
conclusive.
14-1E-5: SPECIAL CONDITIONS:
The fire chief in matters of fire prevention shall have full power to exercise judgment in a
reasonable and proper manner and rule accordingly on all special cases in regard to
any of the matters and things treated in this code relating to fire hazards not specifically
covered thereby.
Attest:
Section 4. This Ordinance shall take effect on publication.
Passed, approved and adopted the 2nd d ,,f August , 2010.
Roy D.: /ol, Mayor
eanne F. Schneider, City Clerk