International Residential Code Adoption 2006TI-IE CITY OF .-~
D~JB r E MEMORANDUM
Masterpiece on the Mississippi
July 11, 2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Adoption of the 2006 International Residential Code
Building Services Manager Rich Russell is recommending adoption of the 2006
International Residential Code published by the International Code Council. He further
recommends adoption of four amendments recommended by the Building Code Board
of Appeals, as follows:
1. Section R310.1 is being amended to allow for an additional method of providing
an additional exit from basements within single family dwellings. The additional
method will be to provide a second stairway to the first floor.
2. Section 310.1 is also being amended to allow for a platform to be built below
egress windows so that the maximum sill height is measured from the platform
instead of the floor. This option would be available in single family dwellings and
within individual dwelling units in apartments, etc.
3. Section 311.5.6.2 is being amended to permit newel posts and walls to interrupt
the continuity of the top railing of handrails.
4. Section 404.1.2 is being amended to permit an additional method of reinforcing
concrete foundation walls.
The 2006 International Residential Code has also been amended to establish a one
year limit on the validity of a building permit. This will assist the City in requiring the
completion of projects covered by this code.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
~~
>~'~ ~ ~~
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Rich Russell, Building Services Manager
THE CITY OF
Dus '` E
Masterpiere on the Missis~ip~i
July 2, 2007
MEMORANDUM
TO: Michael C. Van Milligen, City Manager
FROM: Rich Russell, Building Services Manager
RE: Adoption of the 2006 International Residential Code
INTRODUCTION: The purpose of this memo is to recommend the amending of the City
Ordinance by adoption of the 2006 International Residential Code (IRC) published by
the International Code Council, Inc. and also recommend the adoption of four
amendments recommended by the Building Code Board of Appeals.
BACKGROUND:
1. The City of Dubuque adopted the 2003 edition of the International Residential
Code on July 19, 2004 by the approval of City Ordinance 56-04.
2. The Building Code Board of Appeals met on June 19, 2007 to discuss the
adoption of the 2006 International Residential Code.
3. The amendments recommended by the Building Code Board of Appeals and
staff are as follows:
A. Section R310.1 is being amended to allow for an additional method
of providing an additional exit from basements within single family
dwellings. The additional method will be to provide a second stairway to
the first floor.
B. Section 310.1 is also being amended to allow for a platform to be
built below egress windows so that the maximum sill height is measured
from the platform instead of the floor. This option would be available in
single family dwellings and within individual dwelling units in apartments,
etc.
C. Section 311.5.6.2 is being amended to permit newel posts and
walls to interrupt the continuity of the top railing of handrails.
D. Section 404.1.2 is being amended to permit an additional method of
reinforcing concrete foundation walls.
4. The Board recommended adoption of the 2006 International Residential
Code with the amendments listed in Items A-D on a 4-0 vote.
DISCUSSION: The adoption of the 2006 International Residential Code will continue to
allow general contractors, architects, system designers and Building Services staff
members to use an up to date building code. The adoption of the 2000 International
Residential Code did contribute to the Insurance Services Organization's rating of the
City of Dubuque's Building Services Department improving from a Class 5 to a Class 4.
The adoption of the 2006 edition will help us maintain or improve this classification.
The Dubuque Homebuilder's Association has two of its members on the Building Code
Board of Appeals. Their involvement and support have been an integral part of this
process.
The 2006 International Residential Code has also been amended to establish a 1-year
limit on the validity of a building permit. This will assist the City in requiring the
completion of projects covered by this code.
RECOMMENDATION: (recommend the 2006 International Residential Code be
adopted and that the amendments listed in Item 3 in the Background section of this
memo be adopted as well. I have attached an ordinance for the City Council's use.
ORDINANCE NO. 42 --07
AN ORDINANCE AMENDINGTHE CODE OF
ORDINANCES, CITY OF DUBUQUE, IOWA BY ADDING
AND ENACTING NEW SECTIONS 11-5 AND 11-6
THEREOF ADOPTING THE 2006 INTERNATIONAL
RESIDENTIAL 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 Sections 11-5 and 11-6 of the Code of Ordinances of the City of
Dubuque, Iowa be amended by enacting new Sections 11-5 and 11-6 as follows:
Sec. 11-5. International Residential Code -Adopted.
Except as hereinafter added to, deleted, modified or amended, there is hereby
adopted by reference as the building code of the city that certain building code
known as the International Residential Code, 2006 Edition and as published by
the International Code Council, Inc., and the provisions of such building code
shall be controlling in the construction of one and two family residential buildings
and in all matters covered by such building code within the corporate limits of the
city and shall be known as the "Dubuque Residential Building Code." A copy of
the International Residential Code, 2006 Edition, as adopted, shall be on file in
the office of the city clerk for public inspection.
Section 2. That the Code of Ordinances of the City of Dubuque, Iowa be
amended by enacting Section 11-6 as follows:
Section 11-6. The code adopted by Section 11-5 of this chapter is hereby
amended as follows:
Section R103 Department of Building Safety. Section R103 "Department of
Building Safety" is hereby amended by repealing such section and replacing such
section with a new section in lieu thereof as follows:
Sec. R103.1. Creation of enforcement agency.
There is hereby established in the city the building services department, which
shall be under the jurisdiction of the building official.
Sec. R105.5 Permits, Expiration. Section 105.5 "Expiration" is hereby amended
by repealing such section and replacing such section with a new section in lieu thereof
as follows:
Sec. 105.5 Expiration.
Every permit issued shall become invalid unless the work on the site authorized
by such permit is completed within one year after its issuance. The building official is
authorized to grant, in writing, one or more extensions of time, for periods not to exceed
180 days. The extensions shall be requested in writing and justifiable cause
demonstrated.
Section R112 Board of Appeals. Section R112 "Board of Appeals" is hereby
amended by repealing such section and replacing such section with a new section in
lieu thereof as follows:
Section R112. Building Code and Advisory Appeals Board.
(a) Board Established. In order to determine the suitability of alternative building
materials and methods of building construction, to provide for reasonable interpretation
of the provisions of the building code, and to advise the city council on all building
construction regulations and procedures, there is hereby created the building code
advisory and appeals board.
(b) Membership. The building code advisory and appeals board shall consist of
five (5) members appointed by the city council. One (1) member shall be an architect or
engineer registered in the State of Iowa, one (1) member shall be a general building
construction contractor, one (1) member shall be a journeyman carpenter, and two (2)
members shall be from the public at large.
(c) Term of Office. The term of office of all board members shall be for three (3)
years, except that initial appointments of one (1) member shall be for a term of one (1)
year, two (2) members for two-year terms and two (2) members for three-year terms.
(d) Rules and Regulations. The board shall make such rules and prescribe such
procedures as may be reasonably necessary for its operation, except that such rules
shall include the following:
(1) Board Chairperson. The chairperson of the board shall be a member of
the board elected annually by a majority of the board.
(2) Secretary of the board. The building official, or designee, shall be
secretary of the board. The secretary shall arrange for meetings and
prepare and keep such minutes and records and perform such other
clerical work as the board may direct.
(3) Quorum. Three (3) members shall constitute a quorum. The concurring
vote of three (3) members of the board shall be necessary to pass any
motion.
(4) Service until appointment of successor. Upon completion of the term of
office, members of the building code board shall continue to serve in their
full capacity until their successor has been duly appointed.
(5) Meetings. The building code board shall meet upon call of the
chairperson, secretary or city manager. Members of the building code
board shall attend at least two-thirds of all scheduled meetings within a
twelve-month period. If any member does not attend such prescribed
number of meetings, it shall constitute grounds for the board to
recommend to the city council that said member be replaced.
(6) Attendance. The secretary shall enter the attendance of all members on
the minutes.
(7) Conformity with open meetings law. All meetings shall be held in
conformance with provisions of the Iowa Open Meetings Law.
(8) Minutes. The building code board shall file with the city council a copy of
the minutes of each meeting of the board within ten (10) working days
after such meeting.
(9) Administrative policies. All administrative, personnel, accounting,
budgetary, and procedural policies of the city shall govern the building
code board in all of its operations.
(10) Duties when serving as an appeals board. Any person who is aggrieved
by a decision of the building official on any requirements resulting from the
enforcement of the building code, may appeal from such decision to the
building code board and said board shall serve as an appeal board. In
case the aggrieved party is a member of said board, said member shall be
disqualified as a member of the board acting as an appeal board, until the
person aggrieved has been heard and a decision rendered.
The appeal shall be made by the person aggrieved, giving written notice of
such appeal to the building official within seven (7) days of receipt of
decision from which the appeal is taken. The building code board sitting
as an appeal board shall meet within ten (10) working days after receiving
such notice and render a decision within five (5) working days thereafter.
Any interested party, including the building official, shall have the right to
present their case to the appeal board, whose decision shall be final
unless appealed to the district court as provided by law.
The board of appeals may reverse or modify a decision of the building
official only on finding that:
a. The building official had incorrectly interpreted the provision of this
code;
b. The decision of the building official creates an unnecessary
hardship upon the appellant.
The board of appeals shall require that sufficient evidence or proof be
submitted to substantiate any claims made regarding the use of
alternates.
All appeal hearings shall be conducted in accordance with the procedures
specified in this code.
(e) Limitations of Authority. The Board of Appeals shall have no authority relative
to interpretation of the administrative provisions of this code nor shall the Board be
empowered to waive requirements of this code.
In so modifying or reversing such decision of the building official, the board of
appeals may authorize any alternate to the decision of the building official and the
provisions, provided it finds the proposed material or method of construction is
satisfactory for the use intended and complies with the provisions of this code, and that
the material, method or work offered is, for the purpose intended, at least equivalent to
that prescribed by this code in suitability, strength, effectiveness, durability, fire
resistance and safety.
Section R113 Violations. Section R113, "Violations" is hereby amended by
repealing such section and replacing such section with a new section in lieu thereof as
follows:
Section R113 Violations
It shall be unlawful for any person, firm or corporation to erect, construct, enlarge,
alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or
maintain any building or structure or cause or permit the same to be done in violation of
this code.
The doing of any act, or the omission of any act, declared to be unlawful by this
code, or any code or ordinance herein adopted by reference shall be deemed a
separate offense for each and every day or portion thereof during which any such
unlawful act is committed, continued or permitted and upon conviction shall be
punishable as provided in Chapter I of the Code of Ordinances. The penalty herein
provided shall be cumulative with and in addition to the revocation, cancellation or
forfeiture of any license or permit elsewhere in this code provided for violation thereof.
Sec. R310. Section R310, "Emergency Escape and Rescue Openings" is hereby
amended as follows:
Sec. R310 Emergency Escape and Rescue Openings
Section 310.1 Emergency escape and rescue required.
Add exceptions to Section 310.1:
EXCEPTIONS:
1. Basements without bedrooms that provide a second stairway that
terminates in a room separate from the first stairway.
2. The finished sill height may exceed 44 inches (1118 mm) above the
floor if approved by the building official and the following conditions are met:
The exterior finish grade is more than 36 inches (914 mm) above the interior
floor level of the room, OR altering the exterior configuration of the building would
adversely affect the historical significance of the building.
A platform capable of supporting a live load of 300 pounds shall be
permanently affixed at the interior of the window. This platform shall be no lower
than 20 inches (508 mm) above the floor and no higher than 36 inches (914 mm)
above the floor. The distance from the platform to the finished sill height shall not
exceed 36 inches (914 mm). The platform shall extend outward from the wall a
minimum of 24 inches (610 mm) and shall be at least as wide as the clear
openable width of the window.
The escape or rescue window shall have a minimum clear openable area of 9
square feet (0.84 m2), with a minimum dimension of 36 inches (914 mm).
The building is equipped with smoke detectors installed in accordance with
Section R313.
Sec.R311.5.6.2. Section R311.5.6.2 , "Handrails" is hereby amended by adding
exception #3 as follows:
EXCEPTIONS:
1. Handrails shall be permitted to be interrupted by a newel post at a turn.
2. The use of a volute, turnout or starting easing shall be allowed over the
lowest tread.
3. Top rails may be interrupted by walls.
Sec. R404 Foundation Walls. Section R404.1.2, "Concrete Foundation Walls" is
hereby amended by adding an exception as follows:
EXCEPTION:
The following reinforcement requirements may be used as an alternative
for 8" (204 mm) thick concrete foundation walls between 96 (2438 mm) and 120
inches (3048 mm) in height: #4 bars 20 inches (508 mm) on center vertically and
#4 bars 24 inches (610 mm) on center horizontally.
Sec. P2603.6 Freezing. Section P2603.6, "Freezing" is hereby amended by
repealing the last sentence and replacing such sentence with a new sentence in lieu
thereof as follows:
Water service pipe shall be installed 6 inches (152 mm) below the frost
line.
Sec. P3114 Air Admittance Valves. Section P3114.3, "Where permitted" is
hereby amended by repealing such section and replacing such section with a new
section in lieu thereof as follows:
Individual vents, branch vents, circuit vents and stack vents shall be
permitted to terminate with a connection to an air admittance valve when
approved by the building official or their agent in cases where structural or
existing conditions do not allow for the termination of a vent to the exterior of the
structure.
Part VIII Electrical. Part VIII "Electrical" is hereby amended by deleting Chapters 33-42
in their entirety.
Section 3. This Ordinance shall be in effect after its final passage, approval and
publication as required by law.
Passed, approved and adopted this 16th day of July, 2007.
L l~~ V
Roy D Buol
Mayor
Attest:
~'
Jeanne F. Schneider, CMC, City Clerk