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International Building Code Adoption 2006THE CTTY OF DuB E Masterpiece ~n the N1iss~issi~pi MEMORANDUM July 11, 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Adoption of the 2006 International Building Code Building Services Manager Rich Russell is recommending adoption of the 2006 International Building Code published by the International Code Council. The 2006 International Building Code has also been amended to establish atwo-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. ,~ ~ ,~~Z. , Michael C. Van Milli n MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Rich Russell, Building Services Manager THE CITY OF DUB E Masterpiece orI the Mississippi July 2, 2007 MEMORANDUM TO: Michael C. Van Milligen, City Manager FROM: Rich Russell, Building Services Manager RE: Adoption of the 2006 International Building Code INTRODUCTION: The purpose of this memo is to recommend the amending of the City Ordinance by adoption of the 2006 International Building Code (IBC) published by the International Code Council, Inc. BACKGROUND: The City of Dubuque adopted the 2003 edition of the International Building Code on July 19, 2004 by the approval of City Ordinance 55-04. The Building Code Board of Appeals met on June 19, 2007 to discuss the adoption of the 2006 International Building Code. DISCUSSION: The adoption of the 2006 International Building 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 Building Code will continue to have a positive impact on the ISO rating of the City of Dubuque's Building Services Department. Two members of the Building Code Board represent companies that specialize in construction that will be regulated by this code. Jim Kolf of Durrant and Rich Luchsinger of Conlon Construction have been an integral part of this process. The 2006 International Building Code has also been amended to establish a 2-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 Building Code be adopted have attached an ordinance for the City Council's use. ACTION REQUIRED: The desired action step is for the City Manager to recommend to the City Council adoption of the 2006 International Building Code. ORDINANCE NO. 43 - 07 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BY REPEALING SECTION 11-1 AND SECTION 11-2 AND ENACTING NEW SECTIONS 11-1 AND 11-2 IN LIEU THEREOF ADOPTING THE 2006 INTERNATIONAL BUILDING 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 11-1 of the Code of Ordinances of the City of Dubuque, Iowa be amended by repealing Section 11-1 and enacting a new Section 11-1 in lieu thereof as follows: Sec. 11-1. International Building 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 Building 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 buildings and other structures and in all matters covered by such building code within the corporate limits of the city and shall be known as the "Dubuque Building Code." A copy of the International Building 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 repealing Section 11-2 and enacting a new section 11-2 in lieu thereof as follows: Section 11-2. The code adopted by Section 11-1 of this chapter is hereby amended as follows: Sec. 101.2 Section 101.2 "Scope" is hereby amended by repealing Sec. 101.2 and enacting a new Sec. 101.2 to read as follows: Sec. 101.2 Scope. The provisions of this code shall apply to the construction, alteration, moving, demolition, repair, maintenance and use of any building or structure within this jurisdiction, except work located primarily in a public way, public utility towers and poles, mechanical equipment not specifically regulated in this code, and hydraulic flood control structures. For additions, alterations, moving and maintenance of buildings and structures, see Chapter 34. For temporary buildings and structures, see Section 3103 and Appendix Chapter 31. 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. Sec.105. 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 two years after its issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods not to exceed one year. The extensions shall be requested in writing and justifiable cause demonstrated. Sec. 112. Section 112, "Board of Appeals," is hereby amended by repealing such section and replacing such section with a new section in lieu thereof as follows: Sec. 112. 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 attendance of all members shall be entered on the minutes by the secretary. (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. Sec. 113 Section 113, "Violations" is hereby amended by repealing such section and replacing such section with a new section in lieu thereof as follows: Sec. 113 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 1 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. 115. Section 115, "Unsafe Structures and Equipment" is hereby amended by repealing such section and replacing such section with a new section in lieu thereof as follows: Sec. 115. Unsafe Structures and Equipment All buildings or structures regulated by this code which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life are, for the purpose of this section, unsafe. Any use of buildings or structures 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. Parapet walls, cornices, spires, towers, tanks, statuary and other appendages or structural members which are supported by, attached to, or a part of a building and which are in deteriorated condition or otherwise unable to sustain the design loads which are specified in this code are hereby designated as unsafe building appendages. All such unsafe buildings, structures or appendages 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 Article II of Chapter 11 of the Code of Ordinances. 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. ,, r ~ ', Roy D Buol Mayor Attest: eanne F. Schneider, CMC, City Clerk