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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 kittil AU4meilca City 11111 ! 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 kittil 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