Code of Ordinances Amendment_Title 6_2012 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 2012 International Fire Code
DATE: July 9, 2013
Dubuque
band
AI- America City
1
2007 • 2012 • 2013
Fire Chief Dan Brown is recommending adoption of the 2012 International Fire Code
published by the International Code Council, Inc.
The City of Dubuque adopted the 2009 edition of the International Fire Code in 2010.
The adoption of the 2012 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 International Fire Code 2012 works in conjunction with the other International Code
Council codes adopted by the Building Department (International Building Code,
International Mechanical Code, International Plumbing Code and International
Residential Code).
I concur with the recommendation and respectfully request Mayor and City Council
approval.
JA,11 P v:oli45,-�
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Dan Brown, Fire Chief
Dubuque Fire Department
11 W. 9th Street
Dubuque, Iowa 52001 -6944
(563) 589-4160 office
(563) 589 -4209 fax
February 18, 2013
TO: Michael C. Van Milligen, City Manager
FROM: Dan Brown, Fire Chief
Dubuque
attmedeaCily
111111
2007
RE: Adoption of the 2012 International Fire Code
THE CITY OF
DUB
Masterpiece on the Mississippi
INTRODUCTION: The purpose of this memo is to recommend the amending of the City
Ordinance by adoption of the 2012 International Fire Code (IFC) published by the
International Code Council, Inc.
BACKGROUND:
The City of Dubuque adopted the 2009 edition of the International Fire Code in 2010.
DISCUSSION: The adoption of the 2012 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 2012 International Fire Code.
The International Fire code 2012 works in conjunction with the other ICC codes adopted
by the Building Department (IBC, IMC, IPC and IRC).
RECOMMENDATION: I recommend the 2012 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. 40-13
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH,
HOUSING, SANITATION AND ENVIRONMENT, CHAPTER 9 FIRE PREVENTION
REGULATIONS, SECTION 6 -9 -3 BLASTING, FIREWORKS AND OPEN BURNING;
PERMITS AND FEES, SECTION 6 -9 -4 SERVICE STATIONS, SECTION 6 -9 -5 BULK
STORAGE TANK LICENSES, AND SECTION 6 -9 -6 SMOKE DETECTION; AND
AMENDING TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING
CODES, ARTICLE E FIRE CODE AND REGULATIONS, SECTION 14 -1E -1
INTERNATIONAL FIRE CODE ADOPTED, SECTION 14 -1E -2 INTERNATIONAL FIRE
CODE AMENDMENTS, AND SECTION 14-1E-3 INTERNATIONAL FIRE CODE
ENFORCEMENT BY UPDATING THE INTERNATIONAL FIRE CODE FROM THE
2009 VERSION TO THE 2012 VERSION AND CHANGING ALL REFERENCES OF
"CHIEF OF THE FIRE DEPARTMENT" TO "FIRE CHIEF"
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 6 -9 -3 of the City of Dubuque Code of Ordinances is amended
to read as follows:
6 -9 -3: BLASTING, FIREWORKS AND OPEN BURNING; PERMITS AND FEES:
A. Permits Required:
1. Blasting: No person may engage in any activity involving blasting with
explosives within the city without first obtaining a permit from the fire chief.
2. Fireworks And Pyrotechnics: No person may engage in any activity
involving the use or display of fireworks or pyrotechnics without first obtaining a
permit from the fire chief.
3. Bonfire: No person may Tight and /or conduct a bonfire without first
obtaining a permit from the fire chief.
4. Open Burning Of Land Clearance Materials: No person may burn
materials resulting from land clearance activities without first obtaining a permit
from the fire chief.
5. Open Burning On Agricultural Property: No person may, on property
zoned agricultural, burn vegetation or growing form wood originating on the
property without first obtaining a permit from the fire chief.
6. Prescribed Burns: No person may kindle a fire for recognized silviculture!,
range or wildlife management practices, or for prevention or control of disease or
pest without first obtaining a permit from the fire chief.
B. Fees And Requirements For Permits: Fees and requirements for each permit
issued are as established by the fire chief.
Section 2. Section 6 -9 -4 of the City of Dubuque Code of Ordinances is amended
to read as follows:
6 -9 -4: SERVICE STATIONS:
B. Unloading Of Tank Vehicles While On Public Streets Prohibited; Exception: No
person may discharge or unload, or transfer class I flammable liquid from a tank vehicle
while any portion thereof is standing on any street, alley or public highway, except in the
case of emergency. In the event an emergency requires the discharge or unloading of
class I flammable liquid from any tank vehicle on a public street or highway, the fire
chief must be notified and such operation may not be commenced until such necessary
safeguards as the fire chief requires have been established.
C. License Required; Fee: No person may engage in the operation of any service
station within the city without first obtaining an annual license therefor from the fire chief.
The applicant must pay a fee therefor as established by the fire chief.
D. Applications: Applicants for a service station license must file with the fire chief
an application showing:
E. Fees And Requirements For Licenses: Fees and requirements for service station
licenses are as established by the fire chief.
Section 3. Section 6 -9 -5 of the City of Dubuque Code of Ordinances is amended
to read as follows:
6 -9 -5: BULK STORAGE TANK LICENSES:
A. License Required; Fee: No person may engage in the operation or business of
storing, handling or dispensing of corrosive, flammable, or combustible liquids, including
liquid petroleum gas (LPG) at any location within the city without first securing an annual
license from the fire chief and paying a fee therefor.
C. Fees And Requirements: Fees and requirements for bulk storage licenses are as
established by the fire chief.
Section 4. Section 6 -9 -6 of the City of Dubuque Code of Ordinances is amended
to read as follows:
6 -9 -6: SMOKE DETECTION:
The owner of a building or structure that has a commercial use and which also contains
one or more dwelling units, a congregate residence, or a sleeping room, and which is
not otherwise required by this code to install smoke detectors in such building or
structure may during any substantial reconstruction or remodeling of such building or
structure install multistation smoke detectors on each level of the building or structure in
each public or common area and in the basement at locations approved by the fire
chief. All such smoke detectors must be interconnected to ensure simultaneous
notification of all building occupants.
Section 5. Section 14 -1 E -1 of the City of Dubuque Code of Ordinances is
amended to read as follows:
14-1E-1: INTERNATIONAL FIRE CODE ADOPTED:
Except as hereinafter added to, deleted, modified or amended, the international fire
code, 2012 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, 2012 edition, is on file in the office of the city clerk
for public inspection.
Section 6. Section 14 -1 E -2 of the City of Dubuque Code of Ordinances is
amended to read as follows:
14 -1 E -2: INTERNATIONAL FIRE CODE AMENDMENTS:
The following additions, deletions, modifications, or amendments of the international fire
code, 2012 edition, adopted in section 14-1E-1 of this article read as follows:
Section 7. Section 14-1E-3 of the City of Dubuque Code of Ordinances is
amended to read as follows:
14-1E-3: INTERNATIONAL FIRE CODE ENFORCEMENT:
The code adopted by section 14-1E-1 of this article will be enforced by the fire
department.
Section 8. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 15th day of July, 2013.
Roy D. Buol,
Attest:
Ke 'n S. Firnstah , City Clerk
Ze-c,
yor
EFFECT OF AMENDMENT
6 -9 -3: BLASTING, FIREWORKS AND OPEN BURNING; PERMITS AND FEES:
A. Permits Required:
1. Blasting: No person may engage in any activity involving blasting with
explosives within the city without first obtaining a permit from the fire chief.
2. Fireworks And Pyrotechnics: No person may engage in any activity
involving the use or display of fireworks or pyrotechnics without first obtaining a
permit from the fire chief.
3. Bonfire: No person may light and /or conduct a bonfire without first
obtaining a permit from the fire chief.
4. Open Burning Of Land Clearance Materials: No person may burn
materials resulting from land clearance activities without first obtaining a permit
from the fire chief.
5. Open Burning On Agricultural Property: No person may, on property
zoned agricultural, burn vegetation or growing form wood originating on the
property without first obtaining a permit from the fire chief.
6. Prescribed Burns: No person may kindle a fire for recognized silviculture!,
range or wildlife management practices, or for prevention or control of disease or
pest without first obtaining a permit from the fire chief.
B. Fees And Requirements For Permits: Fees and requirements for each permit
issued are as established by the fire chief.
6 -9 -4: SERVICE STATIONS:
B. Unloading Of Tank Vehicles While On Public Streets Prohibited; Exception: No
person may discharge or unload, or transfer class I flammable liquid from a tank vehicle
while any portion thereof is standing on any street, alley or public highway, except in the
case of emergency. In the event an emergency requires the discharge or unloading of
class I flammable liquid from any tank vehicle on a public street or highway, the fire
chief must be notified and such operation may not be commenced until such necessary
safeguards as the fire chief requires have been established.
C. License Required; Fee: No person shall engage in the operation of any service
station within the city without first obtaining an annual license therefor from the fire chief.
The applicant shall pay a fee therefor as established by the fire chief.
D. Applications: Applicants for a service station license shall file with the fire chief an
application showing:
E. Fees And Requirements For Licenses: Fees and requirements for service station
licenses shall be established by the fire chief.
6 -9 -5: BULK STORAGE TANK LICENSES:
A. License Required; Fee: No person may engage in the operation or business of
storing, handling or dispensing of corrosive, flammable, or combustible liquids, including
liquid petroleum gas (LPG) at any location within the city without first securing an annual
license from the fire chief and paying a fee therefor.
C. Fees And Requirements: Fees and requirements for bulk storage licenses are as
established by the fire chief.
6 -9 -6: SMOKE DETECTION:
The owner of a building or structure that has a commercial use and which also contains
one or more dwelling units, a congregate residence, or a sleeping room, and which is
not otherwise required by this code to install smoke detectors in such building or
structure may during any substantial reconstruction or remodeling of such building or
structure install multistation smoke detectors on each level of the building or structure in
each public or common area and in the basement at locations approved by the fire
chief. All such smoke detectors must be interconnected to ensure simultaneous
notification of all building occupants.
14-1E-1: INTERNATIONAL FIRE CODE ADOPTED:
Except as hereinafter added to, deleted, modified or amended, the international fire
code, 2012 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, 2012 edition, is on file in the office of the city clerk
for public inspection.
14 -1 E -2: INTERNATIONAL FIRE CODE AMENDMENTS:
The following additions, deletions, modifications, or amendments of the international fire
code, 2012 edition, adopted in section 14-1E-1 of this article read as follows:
14-1E-3: INTERNATIONAL FIRE CODE ENFORCEMENT:
The code adopted by section 14 -1 E -1 of this article will be enforced by the fire
department.
ORDINANCE NO. - 10
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES, CITY OF DUBUQUE, IOWA BY
REPEALING SECTION 14 -1E -1 AND ENACTING NEW
SECTIONS 14- 1E -1IN LIEU THEREOF ADOPTING THE
2012 INTERNATIONAL FIRE CODE FOR THE CITY OF
DUBUQUE, IOWA AND PROVIDING FOR THE ISSUANCE
OF PERMITS AND COLLECTION OF FEES THEREFOR,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Section 14 -1 E -1 of the Code of Ordinances of the City of
Dubuque, Iowa be amended by repealing Section 14- 1E -1and enacting a new Section
14 -1 E -1 in lieu thereof as follows:
14-1E-1: INTERNATIONAL FIRE CODE ADOPTED:
ARTICLE E. FIRE CODE AND REGULATIONS
14 -1 E -1: INTERNATIONAL FIRE CODE ADOPTED: A. Code Adoption:
Except as hereinafter added to, deleted, modified or amended, the international fire
code, 2012 edition, as promulgated by the International Code Council, is hereby
adopted by reference from the effective date hereof.
B. Copy On File: A copy of the international fire code, 2012 edition, shall be on file in the
office of the city clerk for public inspection. (2007 Code § 19 -1)
14-1E-2: INTERNATIONAL FIRE CODE AMENDMENTS:
The code adopted by section 14 -1 E -1 of this article is hereby amended as provided in
this section.
Section 102.5, Historic Buildings, is hereby amended by repealing such section and
adopting a new section in lieu thereof as follows:
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 Section 11 -70 through 11 -79 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, is hereby amended by repealing such section and
adopting a new section in lieu thereof as follows:
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, Board Of Appeals, is hereby amended by repealing such section and
adopting a new section in lieu thereof as follows:
Section 108, Board Of Appeals. 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. (2007 Code § 19 -2)
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. (2007 Code § 19 -3)
14-1E-4: EMERGENCIES:
Where a situation requires immediate decision, that of the chief of the bureau of fire
prevention shall be final and conclusive. (2007 Code § 19 -4)
14-1E-5: SPECIAL CONDITIONS:
The chief of the bureau of fire prevention shall have full power to exercise the chief of
the bureau of fire prevention's own 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. (2007 Code § 19 -5)
7- 5A -10: WEAPONS, FIREARMS AND FIREWORKS:
C. Discharging Firearms And Fireworks:
1. Prohibition: No person shall discharge or fire any cannon, gun, bomb, pistol, air gun, or
other firearms or set off or burn firecrackers, torpedoes, skyrockets, Roman candles, or
other fireworks of like construction or any fireworks containing any explosive or
inflammable compound, or other device containing any explosive.
2. Fireworks Display Permit: The city council may, upon application in writing, grant a
permit for the display and use of fireworks by any organization or groups of individuals
when such fireworks display will be handled by a competent operator.
D. Possession Of Fireworks:
1 Definition: The term "fireworks" includes any explosive composition, or combination of
explosives, substances or articles prepared for the purpose of producing a visible or
audible effect by combustion, explosion or detonation and includes blank cartridges,
firecrackers, torpedoes, skyrockets, Roman candles or other fireworks of like
construction and fireworks containing any explosive or flammable compound, or
other device containing any explosive substance. The term "fireworks" does not
include gold star producing sparklers on wires that contain no magnesium or
chlorate or perchlorate, flitter sparklers in paper tubes that do not exceed one - eighth
inch (1/$ ") in diameter, toy snakes that contain no mercury, or caps used in cap
pistols.
2. Exemption: The use of blank cartridges for a show or the theater, or for signal purposes
in athletic events, or by railroads or trucks for signal purposes, or by recognized military
organizations is exempt from this subsection.
3. Prohibition: No person shall possess fireworks except as provided in this subsection.
(2007 Code § 33 -11.1)
6 -9 -1: SMOKING, CARRYING LIGHTED OBJECTS IN SPECIFIED
PLACES RESTRICTED:
A. Places Enumerated: No person shall smoke or carry a lighted cigar, cigarette, pipe or
match, or use any spark, flame or fire producing device not especially authorized for use
in such places by the fire chief, in any of the following places:
1. Retail Stores: Retail stores designed and arranged to accommodate more than one
hundred (100) persons, or in which more than ten (10) persons are employed. This
prohibition shall not apply to smoking in restrooms, restaurants, executive offices, or
beauty parlors in retail stores, when specifically approved by the fire chief by written
order to the person having control of the premises upon a finding that such use therein
is not dangerous to life or property.
2. Elevators: Elevators, regardless of capacity, in any public place.
3. Public Lodging Houses: In beds in hotels, dormitories and rooming and lodging houses.
A printed notice advising the occupant of the effect of this section shall be posted in a
conspicuous place in every room of the building.
4. Public Theaters: During a performance in public theaters, motion picture houses,
auditoriums, gymnasiums, and the like, including the dressing rooms, except that the
prohibition of this section shall not apply to smoking rooms and areas and restrooms
when specifically approved by the fire chief by written order to the person having control
of the premises, upon a finding that such use therein is not dangerous to life or property.
The prohibition of this section shall not be construed to prohibit smoking by performers
on the stage as part of any theatrical production.
5. Transit Authority Buses: Buses operated by the Dubuque transit authority of the city and
any other motor vehicle operated by such authority hauling fare paying passengers in
the city.
B. Permitting Violation Unlawful: It shall be unlawful for any person or such person's
agent, having control of any premises or place to knowingly permit a violation of this
section.
C. Authority To Post Signs: The fire chief shall have the authority to order "smoking
prohibited by law" signs erected in any place of public assemblage where, in the fire
chief's opinion, smoking or the carrying of a lighted cigar, cigarette, pipe or match, or
any use of any spark, flame or fire producing device, not specifically authorized for
use in such place, would constitute a menace to life or property.
D. Display Of Signs: Every person, or such person's agent, having control of the
premises upon which smoking or the carrying of lighted objects is prohibited by, or
under the authority of this section, shall conspicuously display upon the premises
signs reading "Smoking Prohibited By Law" in such number and in such location and
of such size as the fire chief may find reasonable and necessary.
E. Smoking Prohibited: No person shall smoke in any properly placarded place, nor
shall any person remove any placard required to be erected by or under the
authority of this section. (2007 Code § 19 -6)
6 -9 -2: BURNING RESTRICTIONS:
A. Solid Waste:
1. It shall be unlawful for any person to burn or incinerate any solid waste within the city
except by permission of the city manager. This subsection shall apply to all solid waste
as defined by the Iowa department of natural resources and shall specifically include all
wastepaper, boxes, building materials, yard waste, tree stumps, and all other materials
other than conventional materials used as fuels for a furnace or boiler.
2. This subsection shall not apply to any incinerator operated under a license granted by
the Iowa department of natural resources nor to any burning conducted under the
direction of the fire department for training purposes.
3. This subsection shall not apply to outdoor cooking using charcoal, natural or propane
gas as a fuel, small wood fires consistent with section 307.3.2, recreational fires, of the
international fire code, bonfires or prescribed fires as regulated by this chapter. (2007
Code § 19 -7)
B. Special Permission To Burn Yard Waste:
1. The city manager may allow the burning of yard waste, including tree stumps, and other
yard generated waste, for limited and specific periods. This provision shall apply only to
the burning of such waste on the premises where such waste was generated.
2. The city manager may only permit such open burning when the ambient air quality of
the city has met all air quality standards of the Iowa department of natural resources for
the preceding six (6) month period. (2007 Code § 19 -8)
C. Cancellation Of Permitted Open Burning: Permitted open burning of yard waste may
be cancelled immediately by the city manager in the event of unfavorable local
weather or atmospheric conditions, or such other conditions as the city manager
deems appropriate. (2007 Code § 19 -9)
6 -9 -3: BLASTING, FIREWORKS AND OPEN BURNING; PERMITS AND
FEES:
A. Permits Required:
1. Blasting: No person shall engage in any activity involving blasting with explosives
within the city without first obtaining a permit from the chief of the fire department.
2. Fireworks And Pyrotechnics: No person shall engage in any activity involving the use or
display of fireworks or pyrotechnics without first obtaining a permit from the chief of the
fire department.
3. Bonfire: No person shall light and /or conduct a bonfire without first obtaining a permit
from the chief of the fire department.
4. Open Burning Of Land Clearance Materials: No person shall burn materials resulting
from land clearance activities without first obtaining a permit from the chief of the fire
department.
5. Open Burning On Agricultural Property: No person shall, on property zoned agricultural,
burn vegetation or growing form wood originating on the property without first obtaining
a permit from the chief of the fire department.
6. Prescribed Burns: No person shall kindle a fire for recognized silviculture!, range or
wildlife management practices, or for prevention or control of disease or pest without
first obtaining a permit from the chief of the fire department. (2007 Code § 19 -31)
B. Fees And Requirements For Permits: Fees and requirements for each permit issued
shall be established by the chief of the fire department. (2007 Code § 19 -32)
6 -9 -4: SERVICE STATIONS:
A. Definition: For the purposes of this section, the following term shall have the meaning
ascribed to such term in this subsection:
SERVICE STATION: That portion of a property where flammable or combustible liquids
used as motor fuels are stored and dispensed from fixed equipment into fuel tanks of
motor vehicles or floating crafts. (2007 Code § 19 -41)
B. Unloading Of Tank Vehicles While On Public Streets Prohibited; Exception: No tank
vehicle shall discharge or unload, or transfer class I flammable liquid while any
portion thereof is standing on any street, alley or public highway, except in the case
of emergency. In the event an emergency requires the discharge or unloading of
class I flammable liquid from any tank vehicle on a public street or highway, the chief
shall be notified and such operation shall not be commenced until such necessary
safeguards as the chief shall require have been established. (2007 Code § 19 -42)
C. License Required; Fee: No person shall engage in the operation of any service
station within the city without first obtaining an annual license therefor from the chief
of the fire department. The applicant shall pay a fee therefor as established by the
chief. (2007 Code § 19 -43)
D. Applications: Applicants for a service station license shall file with the chief an
application showing:
1. The name and address of the applicant;
2. The location of the service station;
3. The name and address of the owner of the premises on which the service station is
located;
4. The name and address of the operator of the service station; and
5. The amount of class I flammable liquid storage provided in such service station. (2007
Code § 19 -44)
E. Fees And Requirements For Licenses: Fees and requirements for service station
licenses shall be established by the chief of the fire department. (2007 Code § 19-
45)
F. Expiration; Renewal: The license required by this section shall expire on June 30
following the issuance thereof and renewal fees for such licenses shall be due July 1
of each year for the following year and shall become delinquent if unpaid by July 10
of each year. A penalty fee shall be added to all delinquent fees. (2007 Code § 19-
46)
6 -9 -5: BULK STORAGE TANK LICENSES:
A. License Required; Fee: No person shall engage in the operation or business of
storing, handling or dispensing of corrosive, flammable, or combustible liquids, including
liquid petroleum gas (LPG) at any location within the city without first securing an annual
license from the chief of the fire department and paying a fee therefor. (2007 Code § 19-
61)
B. Exemption: Service stations licensed under section 6 -9 -4 of this chapter, fuel oil used
in connection with oil burning equipment located on or in the premises in which the
fuel oil is stored and liquid petroleum gas (LPG) used in connection with equipment
located on or in the premises in which the liquid petroleum gas (LPG) is stored are
not subject to the licensing requirements of this section. (2007 Code § 19 -62)
C. Fees And Requirements: Fees and requirements for bulk storage licenses shall be
established by the chief of the fire department. (2007 Code § 19 -63)
D. Expiration; Renewal: The license required by this section shall expire on June 30
following the issuance thereof and renewal fees for such licenses shall be due July 1
of each year for the following year and shall become delinquent if unpaid by July 10
of each year. A penalty fee shall be added to all delinquent fees. (2007 Code § 19-
64)
6 -9 -6: SMOKE DETECTION:
The owner of a building or structure that has a commercial use and which also contains
one or more dwelling units, a congregate residence, or a sleeping room, and which is
not otherwise required by this code to install smoke detectors in such building or
structure shall during any substantial reconstruction or remodeling of such building or
structure install multistation smoke detectors on each level of the building or structure in
each public or common area and in the basement at locations approved by the fire
marshal. All such smoke detectors shall be interconnected to ensure simultaneous
notification of all building occupants.
The smoke detectors shall receive their primary power from the building wiring with
secondary battery power. The wiring shall be permanent and without a disconnecting
switch other than a switch required for over - current protection.
The smoke detectors shall be installed according to the manufacturer's instructions.
(Ord. 45 -09, 9 -8 -2009)
7 -2 -1: SERVICE OUTSIDE CITY RESTRICTED:
No fire service shall be rendered outside the limits of the city by firefighting equipment
and city personnel except as follows:
A. To protect property of the city located outside the corporate limits of the city; or
B. Pursuant to a written mutual aid agreement for emergency fire service on a reciprocal
basis with another governmental entity. (2007 Code § 19 -21)
7 -2 -2: SERVICE CHARGES:
Persons requesting assistance for the following services from the fire department shall
pay a fee as established by the chief of the fire department:
A. For opening or gaining entrance to any structure;
B. For the pumping and removal of liquids of any nature from any building or excavation
other than liquids deposited in such area as a result of firefighting activities. (2007
Code § 19 -22)
7 -2 -3: STANDBY SERVICE:
A. Whenever fire equipment and fire personnel are requested to stand by, there shall be
a standby fee set by the chief of the fire department paid to the city by the person
requesting the service.
B. The fee as provided for in subsection A of this section shall be in addition to any fees
or charges prescribed for ambulance service in this code. (2007 Code § 19 -23)
7 -4 -1: DEFINITIONS:
As used in this chapter, the following terms shall have the meanings respectively
ascribed to them:
ALARM: An electromechanical system designed to provide a signal upon detection of
smoke, fire, unlawful intrusion or other unusual condition or to be activated by a person
to report a crime or other unusual circumstance. Except for the provision of subsection
7 -4 -9B of this chapter, this chapter is not applicable to alarms utilized solely for the
purpose of reporting smoke or fire.
DIALER: A device connected to a telephone line and providing for the transmission of
preprogrammed signals of alarm to another location by calling a telephone number.
FALSE ALARM SIGNAL: A signal brought to the attention of the police department and
initiating a response when there is no direct or indirect evidence of a crime committed or
attempted.
LOCAL ALARM: A local alarm provides a signal on the premises in which the alarm is
installed.
REMOTE ALARM: A remote alarm provides a signal to another location but is not a
direct alarm.
SIGNAL: A sign, light, sound or the like giving notice of some condition or event.
SUBSCRIBER: Any person who purchases, leases, contracts for, or otherwise obtains
an alarm system for premises under such person's control. (2007 Code § 38 -11)
7 -4 -6: SERVICE CHARGES:
This section applies to direct, remote and local alarm systems:
A. There shall be no service charges for police department response to the first four (4)
false alarm responses in any twelve (12) month period of time.
B. There shall be no service charge when there has been no police response to the
alarm.
C. There shall be a service charge as established by the city manager for response to
the fifth and each subsequent false alarm to and including the eighth, and a service
charge as established by the city manager for the ninth and each subsequent alarm,
provided there have been at least four (4) false alarms within the fiscal year
beginning the most recent July 1.
D. The service charge may be waived by the chief of police in the case of development
of alarm conditions not reasonably attributable to the subscriber or the subscriber's
equipment. The police department will not serve as intervenor in the case of
disputes arising between the subscriber and any other person regarding the delivery
of service, the quality of the alarm system equipment, or the maintenance thereof.
E. Alarm signals received during the first two (2) weeks after the issue date for a permit
for a new installation will not be counted for the purposes of this section and this
chapter. Nothing herein authorizes any person to deliberately cause an alarm signal
to be initiated without advance permission from the police department. (2007 Code
§ 38 -16)
7 -5A -3: FALSE AND FRAUDULENT REPORTS:
It shall be unlawful for any person to intentionally give a false or fraudulent report of a
crime, a fire, or an accident by calling any police officer, physician, hospital, ambulance
service, or fire department, or by crying or sounding an alarm, or by performing any act
calculated to cause such report or alarm, or to intentionally communicate false or
fraudulent information with reference to a crime, a fire, or an accident to any police
officer, physician, hospital, ambulance, or fire department, or by words or action, initiate
or circulate a report of warning of epidemic or other catastrophe. (2007 Code § 33 -4)
7 -7 -9: FOLLOWING FIRE APPARATUS:
No person riding a bicycle shall follow any fire apparatus traveling in response to a fire
alarm closer than five hundred feet (500') or drive into or park such bicycle within the
block where fire apparatus has stopped in response to a fire alarm or other emergency.
(Ord. 48 -09, 9 -21 -2009)
9 -10- 321.368: CROSSING FIRE HOSE:
No vehicle shall be driven over any unprotected hose of a fire department when laid
down on any street or private driveway to be used at any fire or alarm of fire without the
consent of the fire department official in command. (Ord. 44 -08, 6 -16 -2008)
9 -14- 321.600: PROHIBITED IN SPECIFIED PLACES:
No person shall stop, stand, or park a vehicle, except when necessary to avoid conflict
with other traffic or in compliance with the directions of a police officer or traffic control
device, in any of the following places:
A. On a sidewalk.
B. In front of a public or private driveway.
C. Within an intersection.
D. Within five feet (5') on either side of the point on the curb nearest to a fire hydrant.
E. Within ten feet (10') upon the approach to any flashing beacon, stop sign, or traffic
control signal located at the side of the roadway.
F. Within fifty feet (50') of the nearest rail of a railroad crossing, except when parked
parallel with such rail and not exhibiting a red light.
G. Within twenty feet (20') of the driveway entrance to any fire station and on the side of
a street opposite the entrance to any fire station within seventy five feet (75') of said
entrance when properly signposted.
H. Alongside or opposite any street excavation or obstruction when such stopping,
standing, or parking would obstruct traffic.
I. On the roadway side of any vehicle stopped or parked at the edge or curb of street.
J. Opposite the entrance to a garage or driveway in such a manner or under such
conditions as to leave available less than twenty feet (20') of the width of the
roadway for the free movement of vehicular traffic.
K. Upon any street or in any alley in any part of the city in such a manner or under such
conditions as to leave available less than ten feet (10') of the width of the roadway of
such street or alley for the free movement of vehicular traffic, except when
necessary in obedience to traffic regulations, traffic signs, or signals of a police
officer.
L. At any place where official signs or curb markings prohibit stopping, standing, or
parking.
M. Within ten feet (10') of the crosswalk, whether marked or not, at all intersections
within the city.
N. In an alley under any fire escape at any time. (Ord. 44 -08, 6 -16 -2008)
9 -14- 321.611: PARKING IN FIRE LANES:
A. No person shall park any motor vehicle including automobiles, automobile trucks,
motor buses, motorcycles, motorized bicycles, or other self - propelled vehicles including
any trailers, semitrailers, or other devices used in connection therewith in any required
access roadway for the movement of fire department apparatus at any private premises
within the city.
B. No person or agent having control of private premises within the city shall knowingly
permit another person to park any motor vehicle including automobiles, automobile
trucks, motor buses, motorcycles, motorized bicycles, or other self - propelled
vehicles including any trailers, semitrailers, or other devices used in connection
therewith in any required access roadway for the movement of fire department
apparatus.
C. All required access roadways shall be posted with "no parking" signs or other
appropriate notice, or both, to be provided by the owner and /or operator of the
private premises, as approved by the chief of the bureau of fire prevention. (Ord. 44-
08, 6 -16 -2008)
9 -14- 321.626: RESERVED FIRE DEPARTMENT PARKING:
A. When appropriate signs have been posted, that area located on the north side of 9th
Street between Central Avenue and the driveway to fire headquarters is set aside for
the parking of fire department vehicles.
B. It shall be unlawful for the operator of any vehicle to stop, stand, or park within such
area unless such vehicle is clearly identified and marked as a vehicle assigned to
the fire department. (Ord. 44 -08, 6 -16 -2008)
10- 5B -17: FIRES:
No person shall start any fire in any park or upon any parkway, except that small fires
may be made in the places in parks provided by the city for that purpose. Every person
who starts or uses any such fire is hereby charged with the duty of completely
extinguishing such fire before leaving it. (Ord. 54 -06, 7 -5 -2006)
13 -1 -2: CITY NOT RESPONSIBLE FOR BREAKS IN LINES:
The city shall not be held responsible for any damages caused by the breaking of any
service pipe, water main or fire hydrant. (2007 Code § 44 -123)
13 -1 -14: FIRE LINES:
A. Generally: Connections which are to be used exclusively for supplying water to
extinguish fires may be granted upon the conditions set out in this section.
B. Application: Application for such connection shall be made in writing by the owner of
the premises to be served, or the owner's representative, on a form furnished by the
city manager.
C. Drawings To Be Furnished: The applicant must furnish, with the application, a
complete and correct drawing or set of drawings, showing the location of the
premises to be supplied, together with location of all valves, pipes, hydrants, tanks,
sprinkler heads, and other appurtenances on the premises, the plans to remain the
property of the city. The applicant shall also agree to furnish the city with drawings
showing revisions to piping and appurtenances, whenever the same are made.
D. Installations: The city shall reserve the right to limit the size of fire protection services
where the street mains are of such size as to make it necessary to protect the public
interest. If more than one service is installed to the same premises, the piping
system of one shall not be connected with the others. No connection shall be made
between the fire service pipe system and the regular water supply of the premises.
E. Use: No water shall be drawn from the fire service pipes for any purpose whatever
except for the extinguishment of fires. Valves on outlets, drain cocks, etc., placed on
the pipe system shall be of a style that can be sealed by the city. When any such
valve or cock is opened, the owner or occupant of the premises shall notify the city
manager so that the same can be resealed at once. This subsection is not to be
construed as prohibiting a reasonable use of water for fire drills, draining of a system
to prevent freezing or other reasonable use in connection with proper fire protection.
F. Connecting City Lines With Private Systems Prohibited; Exceptions: All fire protection
systems supplied with water from the city mains shall be supplied exclusively with
such water and no connection shall be allowed with any other system drawing its
supply from any other source, unless such connection is installed and maintained in
accordance with the approval of the city manager, and no auxiliary or secondary
suction pipe to any fire pump taking water from any other source will be permitted.
Where such connection or duplicate system existed on February 2, 1959, the city
manager shall require the owner of the premises to install a modern double check
valve system of the type generally known as the "factory mutual" fire service
connection. Should the owner neglect or refuse to make the required changes within
ten (10) days, the city supply shall be shut off.
G. Inspection: All fire services shall be subject to inspection by an authorized inspector
of the city, who will visit all premises having fire services from time to time, and the
owners or tenants shall give the inspector all reasonable facilities for making the
inspection and any information concerning the same that may be required. Care will
always be taken that inspections will be made with as little inconvenience to the
owners or occupants as possible.
H. Penalty For Improper Use: In any case where the owner or occupants of any
premises are found to be using water from a fire service for other purposes than fire
protection, the water shall be shut off until the user has given the city reasonable
assurance that the offense will not be repeated. A reconnection charge, as
established by the city manager, after official publication, will be imposed and
collected prior to restoring service. A second violation will be sufficient cause for
terminating service to the property and refusing reconnection while the offender
owns or occupies the premises.
I. Meters: The city reserves the right at any time to require the owner of the premises
supplied to furnish and install, at the owner's expense and under the direction of the
city manager, an approved water meter and to keep same in accurate operating
condition. (2007 Code § 44 -135)
13 -1C -2: FIRE SPRINKLER SERVICE:
Customers who have fire sprinkler service shall be billed for this service on a monthly
basis. The monthly charge shall be as follows:
Number Of Heads Current
Monthly Charges
Up to 200 (minimum monthly charge)
II
$12 .94
200 _
299
15 .53
300
399
18 .10
400
599
20.69
600 _
799
23 .27
800 _
999
25 .87
1,000 _
1,199
28 .46
1,200 _
1,399
31 .02
1,400 _
1,599
33 .62
1,600 _
1,799
36 .21
1,800 _
1,999 38 .78
2,000 _
2,199
41 .37
2,200 _
2,399
43 .94
2,400 _
2,599
46 .55
2,600 _
2,799
49 .13
2,800 _
2,999
51 .78
3,000 _
3,500
54 .30
Over 3,500 (for each additional 500 heads or fraction thereof)
2 .59
(Ord. 13 -09 3-9-2009, eff. 7-1-2009)
13 -1D -7: REQUIRED BACKFLOW PREVENTION ASSEMBLIES:
A. Water Services:
1. An air gap or an approved reduced pressure principle backflow prevention assembly is
required for water service that has been determined by the city manager to be high
hazard.
2. An approved double check valve assembly is required for water service that has been
determined by the city manager to be low hazard. (2007 Code § 44-210.1)
B. Fire Protection Systems:
1. A reduced pressure principle backflow prevention assembly shall be installed on all new
and existing fire protection systems which the administrative authority determines to
have any of the following:
a. Direct connections from public water mains with an auxiliary water supply on or
available to the premises for pumper connections;
b. Interconnections with auxiliary supplies such as reservoirs, rivers, ponds, wells, mills, or
other industrial water systems;
c. Use of antifreeze or other additives in the fire protection system;
d. Combined industrial or domestic with high hazard and fire protection systems supplied
from the public water mains only, with or without gravity storage or pump suction tanks;
or
e. Any other facility, connection, or condition which may cause contamination.
C. Backflow Prevention Assembly Technician:
1. Registration: A backflow prevention assembly technician registered by the state shall
include such technician's registration number on all correspondence and forms required
by or associated with this article. (2007 Code § 44- 210.3)
2. Noncompliance By Technician:
a. The registration of a technician shall be recommended for revocation or suspension for
a period of up to two (2) years for noncompliance with this article. Further action shall
be taken as prescribed by law to prevent further noncompliance.
b. Any of the following conditions shall constitute noncompliance:
(1) Improper testing or repair of backflow prevention assemblies;
(2) Improper reporting of the results of testing or of repairs made to backflow prevention
assemblies;
(3) Failure to meet registration requirements; or
(4) Related unethical practices. (2007 Code § 44- 210.4)
D. Installation Of Backflow Prevention Assemblies:
1. Installation; Location: The required backflow prevention assemblies for containment
shall be installed in horizontal plumbing immediately following the meter or as close to
that location as deemed practical by the administrative authority. In any case, it shall be
located upstream from any branch piping. Installation at this point does not eliminate the
responsibility of the customer to protect the water supply system from containment or
pollution between the backflow prevention assembly and the water main.
2. Protection From Flooding: Reduced pressure principle backflow prevention assemblies
shall be installed so as to be protected from flooding.
3. Underground Vaults Or Pits: Reduced pressure principle backflow prevention
assemblies shall not be installed in underground vaults or pits.
OFFICIAL
PUBLICATION
ORDINANCE.NO.40.13
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE 6
HEALTH, HOUSING,
SANITATION AND EN-
VIRONMENT, CHAP-
TER 9 FIRE PREVEN-
TION REGULATIONS,
SECTION 6-9-3
BLASTING, FIRE-
WORKS AND OPEN PERMITS
AND FEES, SECTION
6-9-4 SERVICE STA-
TIONS, SECTION 6-9-5'
BULK STORAGE TANK
LICENSES, AND SEC-.
TION 6-9-6 SMOKE
DETECTION; AND
AMENDING TITLE 14
BUILDING AND DE-
VELOPMENT, CHAP-
TER 1 BUILDING CO -,
DES, ARTICLE E FIRE
CODE AND REGULA-
TIONS, SECTION 14-
1E -1 INTERNATIONAL
FIRE CODE ADOPTED,
SECTION 14 -1E -2 IN-
TERNATIONAL FIRE
CODE AMENDMENTS,
AND SECTION 14- 1E -3'_
INTERNATIONAL FIRE
CODE ENFORCEMENT,
BY UPDATING THE IN-
TERNATIONAL FIRE
CODE FROM THE 2009
VERSION TO THE
2012 VERSION AND
CHANGING ALL REF-
ERENCES OF "CHIEF
OF THE FIRE DEPART-
MENT" TO "FIRE
CHIEF'
NOW, THEREFORE, BE
IT ORDAINED BY THE
CITY COUNCIL OF THE
CITY OF DUBUQUE, IO-
WA:
Section 1. Section '6 -9-
3 of the. City of Dubu-
que Code of Ordinan-
ces is amended to read
as follows:
6 -9 -3: BLASTING, FIRE-
WORKS ^ AND " -OPEN
BURNING; PERMITS
AND FEES:
A. Permits Required:
1. Blasting: No person
may engage in any ac-
tivity involving blasting
with explosives :within
the city without first
obtaining a permit
from the fire chief.
2. Fireworks And'.Py
rotechnics: No person
may, engage in any ac-
tivity involving the use
or display of fireworks
or pyrotechnics with-
out first obtaining a
permit from the fire
chief.
3. Bonfire: No person
may light and /or con-
duct a bonfire without
first obtaining a permit
from the fire chief.
4. Open Burning Of
Land Clearance Materi-
als: No person may
burn materials result-
ing from land clear-
ance activities without
first obtaining a permit
from the fire chief.
5. Open Burning On
Agricultural Property:
No person may, on .
property zoned ,agricul-
tural, burn vegetation
or-growing form wood;
originating -bn 'the-
property without first
obtaining a permit
from the fire chief.
6. Prescribed Burns:
No person may kindle a
fire for recognized
silviculture!, range or
wildlife management
practices, or for pre-
vention or control of
disease qr pest without
first obtaining a permit
from the fire chief.
B. Fees And Require-
ments For Permits:
Fees and requirements
for each permit issued
are as established by
the fire chief.
Section. 2. Section 6 -9-
4 of the City of Dubu-
que Code of Ordinan-
ces is amended to read
as follows:
6 =9 -4: SERVICE STA-
TIONS:
B: Unloading Of Tank
Vehicles While On Pub -
lic Streets Prohibited;
Exception: No person
may discharge or un-
load, or transfer class I
flammable liquid from
a tank vehicle while
any portion thereof is
standing on any street,
alley or public high-
way, except in the case
of emergency. In the
event an emergency
requires the discharge
or unloading of class 1
flammable liquid from
any tank vehicle on a
public street or high -;
way, the fire chief
must be notified and
such operation may
not be commenced un-
til such necessary safe-
guards as the fire chief
requires have been'es-
tablished.
C. License Required;
Fee: No person may en-
gage in the operation
of any service station
within the city without
first obtaining an annu-
al license therefor from
the fire chief. The ap-
plicant must pay a fee
therefor as established
by the fire chief.
D. Applications: Appli-
cants for a service sta-
tion license must file
with the fire chief an
application showing:
E. Fees And Require.
ments ' For Licenses:
Fees and requirements
for service station li-
censes are as estab-
lished by the fire chief.
•Section 3. Section 6 -9-
5 of the City of Dubu -•
que Code of Ordinan-
ces is amended to read
as follows:
6 -9 -5: BULK STORAGE
TANK LICENSES:
A. License Required;
Fee: No person may en-
gage in the operation
or business of storing,
handling or dispensing
of corrosive, flamma-
ble, or combustible liq-
uids; including liquid
petroleum gas (LPG) at
any location within the
city without first secur-
ing an annual license
from the fire chief and
paying a fee therefor.
C. Fees And Require -
ments: Fees and re-
quirements for bulk
storage licenses are as
established by the fire
chief.
•Section 4. Section 6 -9-
6 of the City of Dubu-
que Code of Ordinan-
ces is amended to read
as follows:.
6 -9 -6: SMOKE DETEC-
TION:
The owner of a build-
ing or structure that
has a commercial use
and which also con-
tains- one or . more
dwelling units, a con-
gregate residence, or a
sleeping room, and
which is not o erwise
required by th code
to install smoke detec-
tors in such building or
structure may during
any substantial recon-
struction or remodel-
ing of such building or
structure install
station smoke smoke detec-
tors on each level of
the building or struc-
ture in each public or
common area and in
the basement at loca-
tions approved by the
fire chief. All such
smoke detectors must
be interconnected to
ensure simultaneous
notification of all' build-
ing occupants.
Section 5. Section 14-
1E -1 of the City of Du-
buque Code of Ordi-
nances is amended to
read as follows:
14 -1E -1: INTERNA-
TIONAL FIRE CODE
ADOPTED:
Except as nereuianel
added to, deleted,
modified or amended,
the international fire
code, 2012 edition, as
promulgated by the In-
ternational Code Coun-
cil, is hereby adopted
by reference from the
effective date hereof.
A copy of the interne-
-tonal fire code, 2012
'edition, is on file in the
office of the city clerk
for public inspection.
Section 6. Section 14-
1E -2 of the City of Du-
buque Code of Ordi-
nances is amended to
read as follows:
14 -1E -2: INTERNA-
TIONAL' FIRE - CODE.
AMENDMENTS:
The following addi-
tions, deletions, modifi-
cations, or amend -
ments of the interna-
tional fire code, 2012
edition, adopted in sec-
tion 14 -1E -1 of this arti-
cle read as follows:
Section 7. Section 14-
1'E -3 of the City of Du-
buque Code, of, Ordi-
nances is amended to
read as follows:
14 -1E -3: INTERNA-
TIONAL FIRE CODE EN-
FORCEMENT:
The code adopted by
section 14 -1E -1 of this
article will be enforced
by the fire department.
Section 8. This Ordi-
nance takes effect
upon publication.
Passed, approved and
adopted this 15th day
of July, 2013.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin S.
Firnstahl, City Clerk
Published officially in
the Telegraph Herald .
newspaper on the 19th
day of July, 2013.
/s/Kevin S. Firnstahl,
CMC, City Clerk
117/19
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, 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: July 19, 2013, and for which the charge is $66.86.
Subscribed to before me
this -�44e, day of
Totary Public in and for Dubuque County, Iowa,
20 /3 •
MARY K. WESTERMEYER
Conlnlle®Ian Number 154285