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7 15 13 City Council Proceedings Official_Regular CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on July 15, 2013 in the th Historic Federal Building, 350 W. 6 Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; Assistant City Manager Goodmann, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE May the spirit of wisdom keep our hearts and minds open as we endeavor to serve the common good. PROCLAMATION(S) Dubuque County Fair Week (July 23-28, 2013) was accepted by Fair Queen Allison Green. Dubuque Colts Drum and Bugle Corps 50th Anniversary Year was accepted by Colts Development Director Greg Orwoll. United Way Campaign Time was accepted by United Way Co-Chair Gary Dolphin. PRESENTATION(S) Mayor Buol introduced the All-America City Award presentation and documentary videos, which were then played. Mayor Pro-Tem Connors and Assistant City Manager Steinhauser commented on the experience, which took place in Denver, Colorado. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Connors. Motion carried 7-0. Minutes and Reports Submitted: Civil Service Commission of 6/19; City Council pro- ceedings of 7/1, Library Board of Trustees minutes of 5/23 and Report of 6/27; Park and Recreation Advisory Commission of 6/25; Safe Community Advisory Committee of 1/9, Zoning Advisory Commission of 7/2; Zoning Board of Adjustment of 6/27; Proof of Pub- lication for City Council Proceedings of 6/3 and 6/17; Proof of Publication for List of Claims and Summary of Revenues for Month Ended 5/31. Upon motion the documents were received and filed. 1 Notice of Claims and Suits:Nicole Klausman for property damage; Elizabeth Tabor for vehicle damage. Upon motion the documents were received, filed and referred to the City Attorney. Disposition of Claims: City Attorney advising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Stephen Collins for personal injury; Nicole Klausman for property dam- age; and Elizabeth Tabor for vehicle damage. Upon motion the documents were re- ceived, filed and concurred. College and University Partnerships Contracts: City Manager recommending approv- al of contracts for College/University Transit Partnership with Clarke University, Loras College and University of Dubuque for the 2013-2014 school year. Upon motion the documents were received, filed and approved. Dubuque County Retired and Senior Volunteer Program Update: City Manager transmitting the monthly Dubuque County Retired and Senior Volunteer Program report. Upon motion the documents were received and filed. Fiscal Year 2014 Worker's Compensation Excess Insurance Renewal: City Manager recommending approval of the Fiscal Year 2014 Workers’ Compensation Excess Insur- ance Renewal Rate as submitted by Safety National effective July 1, 2013 through June 30, 2014. Upon motion the documents were received, filed and approved. Eide Bailly Audit Planning Communication: Eide Bailly Business Advisors submitting Planning Communication letter related to the Fiscal Year Ended June 30, 2013 audit. Upon motion the documents were received and filed. Federal Transit Administration (FTA) - Opinion of Counsel: City Attorney submitting an Opinion of Counsel setting out the authority of the City to apply for Federal Transit Administration (FTA) funding for transit projects and recommending adoption of a reso- lution authorizing the City of Dubuque to apply for FTA funding. Upon motion the docu- ments were received and filed and Resolution No. 204-13 Authorizing the filing of appli- cations with the Federal Transit Administration, an Operating Administration of the Unit- ed States Department of Transportation, for Federal Transportation Assistance author- ized by 49 U.S.C Chapter 53, Title 23, United States Code and other Federal Statues Administered by the Federal Transit Administration was adopted. RESOLUTION NO. 204-13 AUTHORIZING THE FILING OF APPLICATIONS WITH THE FEDERAL TRANSIT ADMINISTRATION, AN OPERATING ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FOR FEDERAL TRANSPORTATION AS- SISTANCE AUTHORIZED BY 49 U.S.C CHAPTER 53, TITLE 23, UNITED STATES CODE AND OTHER FEDERAL STATUES ADMINISTERED BY THE FEDERAL TRANSIT ADMINISTRATION Whereas, the Federal Transit Administration has been delegated authority to award federal financial assistance for a transportation project; and Whereas, the grant or cooperative agreement for federal financial assistance will im- 2 pose certain obligations upon the applicant for such assistance, and may require the applicant to provide the local share of the project cost; and Whereas, the applicant has or will be required to provide all annual certifications and assurances to the Federal Transit Administration required for the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The Mayor of the City of Dubuque or his/her designee is authorized to ex- ecute and file applications for federal assistance on behalf of the City of Dubuque with the Federal Transit Administration for federal assistance authorized by 49 U.S.C. Chap- ter 53, Title 23 United States Code, or other federal statutes authorizing a project ad- ministered by the Federal Transit Administration. Section 2. The Mayor of the City of Dubuque or his/her designee is authorized to ex- ecute and file with the City's application the annual certification and assurances and other documents the Federal Transportation Administration requires before awarding a federal assistance grant or cooperative agreement. Section 3. The Mayor of the City of Dubuque or his/her designee is hereby authorized and directed to execute said grant and cooperative agreements with the Federal Transit Administration on behalf of the City of Dubuque and the City Clerk is authorized and di- rected to attest his/her such signature. Section 4: The City Manager of the City of Dubuque or his/her designee is authorized to draw against available grant funding using the Echo system. th Passed, approved and adopted this 15 day of July, 2013 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Iowa Economic Development Authority - Catfish Creek Watershed Planning Amend- ment: Correspondence from the Iowa Economic Development Authority advising the City that Community Development Block Grant (CDBG) Contract Number 08-DRIFWP- 203 - Amendment Number 004 (Catfish Creek Watershed Planning Extension) is amended as of July 1, 2013. Upon motion the documents were received and filed. Iowa Economic Development Authority - Multi-Family New Production Round 5: City Manager recommending approval to negotiate and execute an amendment to the exist- ing funding agreement with the Iowa Economic Development Authority related to the notice of receipt of the Multi-Family New Production Community Development Block Grant Award for the Linseed Oil Paintworks Building at 901 Jackson Street. Upon mo- tion the documents were received and filed and Resolution No. 205-13 Authorizing the acceptance of Community Development Block Grant Housing Disaster Recovery Funds from the Iowa Economic Development Authority on behalf of the Wilmac Property Com- pany was adopted. RESOLUTION NO. 205-13 AUTHORIZING THE ACCEPTANCE OF COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING DISASTER RECOVERY FUNDS FROM THE IOWA ECONOMIC DEVELOPMENT AUTHORITY ON BEHALF OF THE WILMAC PROPERTY COMPA- NY Whereas, the City of Dubuque worked with Wilmac Property Company to prepare a Community Development Block Grant (CDBG) Housing Disaster Recovery Fund Multi- 3 Family Unit Production Round 5 grant application to assist in the funding of residential rehabilitation for the Linseed Oil Paintworks Company Building at 901 Jackson Street; and Whereas, the Iowa Economic Development Authority (IEDA) intends to amend CDBG Contract #08-DRH-212 between the City of Dubuque and the Iowa Economic Develop- ment Authority authorizing a supplemental award of $2,248,890 of CDBG Housing Dis- aster Recovery Funds for the Linseed Oil Paintworks Company Building; and Whereas, the IEDA has requested the acceptance of the award prior to the receipt of the contract amendment. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Supplemental Community Development Block Grant award of $2,248,890 is approved. Section 2. That the Mayor is hereby authorized and directed to execute an amend- ment to CDBG Contract #08-DRH-212 on behalf of the City of Dubuque and the City Manager is hereby directed to submit said amendment to the Iowa Economic Develop- ment Authority for its approval, and to take such other action as may be necessary with respect to the amended contract. th Passed, approved and adopted this 15 day of July, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Convention and Visitors Bureau Executive Board Report: Dubuque Convention and Visitors Bureau Executive Board submitting meeting minutes of June 26, 2013 as re- quired by their Purchase of Service Agreement. Upon motion the documents were re- ceived and filed. Sustainable Dubuque Monthly Project Status Report: City Manager transmitting the Sustainable Dubuque Monthly Project Status Report for June 2013. Upon motion the documents were received and filed. Stormwater Utility Revenue Capital Loan Notes (State Revolving Loan Fund): City Manager recommending revisions to the staff memo from the June 17, 2013 public hearing so that the City is further considered for the Economic Development Administra- tion Disaster grant for a portion of day-lighting Bee Branch Creek and its associated flood plain portion of green infrastructure. Upon motion the documents were received, filed and approved. Citizen Petition - 2555 Kerper Blvd. Weed Maintenance: Citizen petition submitted by Wanda Madden on behalf of property owners adjacent to the former Thermoline build- ing at 2555 Kerper Blvd. regarding overgrown weeds and grass behind the building. Upon motion the documents were received, filed and referred to the City Manager. 4 Dubuque Jaycees-Radio Dubuque 2014 Fireworks Request: Correspondence from Thomas Parsely, General Manager of Radio Dubuque and on behalf of the Dubuque Jaycees, requesting permission to conduct a fireworks display on Thursday, July 3, 2014 from 9:00 p.m. to 10:30 p.m. on Volunteer Road between Hawthorne and Lime Streets with a rain date of July 4, 2014. Upon motion the documents were received, filed and approved. Project Pass - Non-Profit Partnership: City Manager recommending approval of “Pro- ject Pass,” a partnership with Project Concern and the Community Foundation of Great- er Dubuque. Upon motion the documents were received, filed and approved. Signed Contracts: Strand Associates Change Order #20 with Miron Construction, Inc., for the Water & Resource Recovery Center Renovation Project. Upon motion the documents were received and filed. Alcohol and Tobacco License Applications: City Manager recommending approval of annual liquor, beer, wine and tobacco licenses as submitted. Upon motion the docu- ments were received and filed and Resolution No. 206-13 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits; and Resolution No. 207-13 Approving applica- tions for retail cigarette/tobacco sales permits, as required by Iowa Code 453A.47A were adopted. RESOLUTION NO. 206-13 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ- UOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and ap- proved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation. Renewals Bell Tower Productions 2728 Asbury Rd. Special Class C Liquor (Sunday) Keywest Conoco 2150 Twin Valley Dr. Class E Liquor, Class B Native Wine, Class C Beer (Sunday) Kwik Stop C-Stores 2335 University Ave. Class E Liquor, Class B Native Wine, Class C Beer (Sunday) Kwik Stop Food Mart 2255 Kerper Blvd. Class C Beer, Class B Native 5 Wine (Sunday) Road Ranger #159 2175 Central Ave. Class C Beer, Class B Wine (Sunday) Walnut Tap Tavern 709 University Class C Liquor (Sunday) Vinny Vanucchis Little Italy 164 Main St. Class C Liquor, Class B Wine (Sunday) New Kwik Stop 1200 Cedar Cross Rd. Class C Beer, Class B Native Wine (Sunday) The Bait Shack 2095 Kerper Blvd. Class C Beer (Sunday) Voices Productions 275 E. 10 th St. Special Class C Liquor (Out- door) (Sunday) Special Events Premier Bank (July 27) 9 th and Iowa St. Special Class C Liquor (Out- door) National Mississippi River Museum Parking lot Class C Liquor (Outdoor) Museum (Aug. 1) Dubuque Area Labor-Mgt Town Clock Plaza Class C Liquor (Outdoor) Council (Aug. 9) Clarke University (Oct. 11) 1550 Clarke Dr. Class B Beer (Outdoor) th Passed, approved and adopted this 15 day of May, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 207-13 APPROVING APPLICATIONS FOR RETAIL CIGARETTE/TOBACCO SALES PER- MITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed with the City Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and locations for cigarette/tobacco sales permit. Oky Doky #8 535 Hill St. Dubuque, IA. 52001 5 Star Tattoos LLC 901 Rhomberg Dubuque, IA. 52001 th Passed, approved and adopted this 15 day of July, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 6 ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Resnick. Motion carried 7-0. Ninth Street to Eleventh Street One-Way to Two-Way Conversion: City Manager rec- thth ommending initiation of the bidding process for the 9 Street and 11 Street One-Way to Two-Way Conversion Project, and further recommends that a public hearing be set for August 5, 2013. Upon motion the documents were received and filed and Resolution No. 208-13 Preliminary approval of plans, specifications, form of contract, and estimat- ed cost; setting date of public hearing on plans, specifications, form of contract, and es- th timated cost; and ordering the advertisement for bids (9th Street and 11 Street One- Way to Two-Way Conversion Project) was adopted setting a public hearing for a meet- ing to commence at 6:30 p.m. on August 5, 2013 in the Historic Federal Building. RESOLUTION NO. 208-13 THTH 9 STREET AND 11 STREET ONE-WAY TO TWO-WAY CONVERSION PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC- IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: th The proposed plans, specifications, form of contract and estimated cost for the 9 th Street and 11 Street One-way to Two-way Conversion Project in the estimated amount $1,870,756.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. th A public hearing will be held on the 5 day of August, 2013, at 6:30 p.m. in the His- toric Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. thth 9 Street and 11 Street One-way to Two-way Conversion Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be pub- lished in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the th date for filing bids before 2:00 p.m. on the 8 day of August, 2013. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final th action at 6:30 p.m. on the 19 day of August, 2013, in the Historic Federal Building 7 th Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa. th Passed, adopted and approved this 15 day of July, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Sale of City-Owned Property at 2234 Washington Street: City Manager recommend- ing setting a public hearing for August 5, 2013 to dispose of City-owned real property located at 2234 Washington Street to Abram and Leah Miller. Upon motion the docu- ments were received and filed and Resolution No. 209-13 Resolution of Intention to dis- pose of City-owned property, specifically, Lot 1 Bee Branch Subdivision No. 10, in the City of Dubuque, County of Dubuque, Iowa, according to the Recorded Plat thereof, 2234 Washington Street, was adopted setting a public hearing for a meeting to com- mence at 6:30 p.m. on August 5, 2013 in the Historic Federal Building. RESOLUTION NO. 209-13 INTENTION TO DISPOSE OF CITY-OWNED PROPERTY, SPECIFICALLY, LOT 1 BEE BRANCH SUBDIVISION NO. 10, IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF, 2234 WASHINGTON STREET Whereas, the City of Dubuque has obtained certain real property in connection with the Bee Branch Creek Re-Alignment Project; and for purpose of its rehabilitation and re- sale for owner-occupied housing; and Whereas, the City received an offer to purchase this property from Abram and Leah Miller Whereas, such purpose supports the Neighborhood Stabilization Program and Wash- ington Neighborhood Revitalization strategy as approved by the City Council; and Whereas, by accepting the selected offer the City’s objectives of providing home- ownership to an income qualified buyers and rehabilitation of a vacated home can be realized; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, intends to dispose of its interest in the fol- lowing legally-described property: Lot 1 Bee Branch Subdivision #10, in the City of Dubuque, County of Dubuque, Iowa Section 2. That the City of Dubuque, Iowa, proposes to dispose of its interest in the above described real estate to Abram and Leah Miller for the sum of $115,000. Section 3. That the City Clerk is hereby authorized and directed to cause this Resolu- tion and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City’s intent to dispose of the foregoing-described Property, to be held on th the 5 day of August, 2013, at 6:30 o’clock p.m. at the Historic Federal Building, 350 th West 6 Street, Dubuque, Iowa. th Passed, approved and adopted this 15 day of July, 2013. Roy D Buol, Mayor Attest: Kevin S Firnstahl, CMC, City Clerk Eagle Point Water Plant, Lot 339 - Grant of Easement for Private Utilities: City Man- ager recommending setting a public hearing for August 5, 2013, for the granting of an easement across a portion of the Eagle Point Water Plant property to accommodate 8 proposed water and sewer service lines to Charles R. and Colleen R. Sroka for their property at 2561 Front Street. Upon motion the documents were received and filed and Resolution No. 230-13 Resolution of Intent to dispose of City interest by Grant of Ease- ment for private utility to Charles R. and Colleen R. Sroka for an underlying portion of Lot 339 of Eagle Point (AKA Ham’s Addition) was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 5, 2013 in the Historic Federal Building. RESOLUTION NO. 230-13 INTENT TO DISPOSE OF CITY INTEREST BY GRANT OF EASEMENT FOR PRI- VATE UTILITY TO CHARLES R. AND COLLEEN R. SROKA FOR AN UNDERLYING PORTION OF LOT 339 OF EAGLE POINT (AKA HAM’S ADDITION) Whereas, Charles R. and Colleen R. Sroka have requested a “Grant of Easement” for private utility for an underlying portion of Lot 339 of Eagle Point (aka Ham’s Addition) for the purpose of constructing and maintaining water and sewer service lines; and Whereas, Buesing and Associates, Inc. has prepared and submitted to the City Council an exhibit showing the underlying portion of Lot 339 of Eagle Point (aka Ham’s Addition), for proposed water and sewer service lines in the City of Dubuque, Dubuque County, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to grant an easement for private utility for an underlying portion of Lot 339 of Eagle Point (aka Ham’s Addition) in the City of Dubuque, Dubuque County, Iowa. Section 2. That the granting of easement in the City of Dubuque, Dubuque County, Iowa to Charles R. and Colleen R. Sroka be contingent upon the payment of $875.00, plus platting fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of City interest by grant of easement for an underlying portion of Lot 339 of Eagle Point (aka Ham’s Addition) to be published in the manner as pre- scribed by law. th Passed, approved and adopted this 15 day of July, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firstahl, City Clerk Purina Drive Barge Docking Facility Repair Project: City Manager recommending ini- tiation of the bidding process for the Purina Drive Barge Docking Facility Repair Project, and further recommends that a public hearing be set for August 5, 2013. Upon motion the documents were received and filed and Resolution No. 231-13 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hear- ing on plans, specifications, form of contract, and estimated cost; and ordering the ad- vertisement for bids (Purina Drive Barge Docking Facility Repair Project) was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 5, 2013 in the Historic Federal Building. RESOLUTION NO. 231-13 PURINA DRIVE BARGE DOCKING FACILITY REPAIR PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT- ED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, 9 FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVER- TISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Puri- na Drive Barge Docking Facility Repair Project, in the estimated amount of $593,213.00 are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. th A public hearing will be held on the 5 day of August, 2013, at 6:30 p.m. in the His- toric Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The Purina Drive Barge Docking Facility Repair Project is hereby ordered to be ad- vertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be pub- lished in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the th date for filing bids before 2:00 p.m. on the 6 day of August, 2013. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action, at 6:30 p.m., in the Historic Federal Building Council Chambers (second floor), thth 350 West 6 Street, Dubuque, Iowa, on the 19 day of August, 2013. th Passed, approved and adopted this 15 day of July, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Iowa and Locust Street Parking Ramps Repair Project: City Manager recommending initiation of the bidding process for the Iowa and Locust Street Parking Ramps Repair Project, and recommends the City Council give preliminary approval to the construction plans and specifications and approve the resolution. It is further recommended that a public hearing be set for August 5, 2013. Upon motion the documents were received and filed and Resolution No. 232-13 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids (Iowa and Locust Parking Ramps Repair Project) was adopted setting a public hearing for a meet- ing to commence at 6:30 p.m. on August 5, 2013 in the Historic Federal Building. RESOLUTION NO. 232-13 IOWA AND LOCUST PARKING RAMP REPAIR PROJECT PRELIMINARY AP- PROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, 10 FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVER- TISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Iowa and Locust Parking Ramp Repair Project, in the estimated amount $427,900, are here- by preliminarily approved and ordered filed in the office of the City Clerk for public in- spection. th A public hearing will be held on the 5 day of August 2013, at 6:30 p.m. in the Histor- th ic Federal Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Io- wa, at which time interested persons may appear and be heard for or against the pro- posed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. Iowa and Locust Parking Ramp Repair Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in the amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the im- provement herein provided, by publishing the attached Notice to Bidders to be pub- lished in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the th date for filing bids before 2:00 p.m. on the 8 day of August, 2013. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final th action at 6:30 p.m. on the 19 day of August 2013, in the Historic Federal Building th Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa. th Passed, adopted and approved this 15 day of July, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk thth Elm Street Reconstruction Project 9 to 12 Streets: City Manager recommending in- thth itiation of the bidding process for the Elm Street Reconstruction Project (9 to 12 Streets), and further recommends that a public hearing be set for August 5, 2013. Upon motion the documents were received and filed and Resolution No. 233-13 Setting date of public hearing on plans, specifications, form of contract, and estimated cost was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 5, 2013 in the Historic Federal Building. RESOLUTION NO. 233-13 thth ELM STREET RECONSTRUCTION PROJECT (9 to 12) IOWA DOT PROJECT NO. TCSP-052-2(129)—9S-31 SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC- IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 11 The proposed plans, specifications, form of contract and estimated cost for the Elm thth Street Reconstruction Project (9 to 12), Iowa DOT Project No. TCSP- 052- 2(129)— 9S-31 in the estimated amount $875,000, are hereby preliminarily approved and or- dered filed in the office of the City Clerk for public inspection. th A public hearing will be held on the 5 day of August, 2013, at 6:30 p.m. in the His- th toric Federal Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the pro- posed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. th Passed, adopted and approved this 15 day of July, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Weaver Castle, LLC Development Agreement for 346-348 W. Locust Street: City Manager recommending set a public hearing for August 19, 2013, on a Development Agreement with Weaver Castle, LLC to redevelop the property located at 346-348 West Locust Street. Upon motion the documents were received and filed and Resolution No. 203-13 (1) Approving the minimum requirements, competitive criteria, and offering pro- cedures for the development and the sale of certain real property and improvements in the Greater Downtown Urban Renewal District; (2) determining that the Offer to Pur- chase submitted by Weaver Castle LLC satisfies the offering requirements with respect to the real property and improvements and declaring the intent of the City Council to approve the sale to Weaver Castle LLC in the event that no competing proposals are submitted; (3) Soliciting competing proposals; and (4) Rescinding Resolution Nos. 156- 13 and 201-13 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 19, 2013 in the Historic Federal Building. RESOLUTION NO. 203-13 RESOLUTION (1) APPROVING THE MINIMUM REQUIREMENTS, COMPETITIVE CRITERIA, AND OFFERING PROCEDURES FOR THE DEVELOPMENT AND THE SALE OF CERTAIN REAL PROPERTY AND IMPROVEMENTS IN THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT; (2) DETERMINING THAT THE OFFER TO PURCHASE SUBMITTED BY WEAVER CASTLE LLC SATISFIES THE OFFER- ING REQUIREMENTS WITH RESPECT TO THE REAL PROPERTY AND IMPROVE- MENTS AND DECLARING THE INTENT OF THE CITY COUNCIL TO APPROVE THE SALE TO WEAVER CASTLE LLC IN THE EVENT THAT NO COMPETING PRO- POSALS ARE SUBMITTED; (3) SOLICITING COMPETING PROPOSALS; AND (4) RESCINDING RESOLUTION NOS. 156-13 AND 201-13 Whereas, the City Council of Dubuque, Iowa, did on June 3, 2013 adopt an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District (“the Plan”) for the Urban Renewal Area described therein; and Whereas, the Plan provides, among other things, for the disposition of properties for private development purposes as a proposed economic development action; and 12 Whereas, Weaver Castle LLC (“Developer”) has submitted to the City a proposal for the purchase of certain real property hereinafter described (“Property”) for the rehabilita- tion of a building located at 346-348 West Locust as described therein (“the Develop- ment Agreement”), which Property is legally described as follows: Lot 5 of the Subdivision of Lots 10 and 11; the Southeasterly 26 feet 9 inches of Lot 12; the Northwesterly 23 feet 3 inches of Lot 12, and the Southeasterly 8 feet 3 inches of Lot 13, in D.N. Cooley's Subdivision of Out Lots 667, 668 and 669 to Dubuque, in the City of Dubuque, Iowa (the Real Estate) together with the request that this Property be made available for sale as rapidly as possible; and Whereas, in order to establish reasonably competitive bidding procedures for the dis- position of the Property in accordance with the statutory requirements of Iowa Code Chapter 403, specifically, Section 403.8, and to assure that the City extends a full and fair opportunity to all developers interested in submitting a proposal, a summary of submission requirements and minimum requirements and competitive criteria for the Property offering is included herein; and Whereas, said Developer has signed a Development Agreement with the City, at- tached hereto as Exhibit “A”; and Whereas, to recognize both the firm proposal for sale of the Property and improve- ments already received by the City, as described above, and to give full and fair oppor- tunity to other developers interested in submitting a proposal for the use of the Property, this Council should by this Resolution: 1) Set the fair market value of the Property for uses in accordance with the Plan; 2) Approve the minimum requirements and competitive criteria included herein; 3) Approve as to form the Development Agreement attached hereto as Exhibit “A”; 4) Set a date for receipt of competing proposals and the opening thereof; 5) Declare that the proposal submitted by Developer satisfies the minimum require- ments of the offering, and that in the event no other qualified proposal is timely submit- ted, that the City Council intends to approve such proposal and authorize the City Man- ager to sign the Development Agreement; and direct publication of notice of said intent; 6) Approve and direct publication of a notice to advise any other person of the oppor- tunity to compete for sale of the Property on the terms and conditions set forth herein; and 7) Declare that in the event another qualified proposal is timely submitted and ac- cepted, another and future notice will be published on the intent of the City to enter into the resulting contract, as required by law; and Whereas, the City Council believes it is in the best interest of the City and the Plan to act as expeditiously as possible to sell the Property as set forth herein. Whereas, Resolution Nos. 156-13 and 201-13, which were adopted prior to the re- quired Notice of Public Hearing, should be rescinded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real property shown on Exhibit “B” attached hereto located at 346-348 W Locust shall be offered for sale in accordance with the terms and conditions contained in this Resolution. Section 2. That it is hereby determined that in order to qualify for consideration for se- lection, any person must submit a proposal which meets these minimum requirements: 1) Contains an agreement to purchase the Property, located generally at 346- 348 W Locust, at not less than fair market value established herein; 13 2) Establishing the number of residential units that will be created in this project; 3) Sets out or provides to the satisfaction of the City Council the experience of the principals and key staff who are directly engaged in the performance of contract obliga- tions in carrying out projects of similar scale and character; and 4) Meets, at a minimum, the terms and conditions of the Development Agreement submitted by the Developer including an agreement to invest not less than $500,000 to complete a historic renovation of the building. Section 3. That the Development Agreement by and between the City and the Devel- oper be and is hereby approved as to form for the purposes hereinafter stated. Section 4. That for the purpose of defining the offering of the Property for sale, said Development Agreement shall be deemed to be illustrative of the terms acceptable to the City with respect to: 1) Timely completion of the rehabilitation project; 2) Construction of minimum improvements; 3) Developer and City obligations; and 4) General terms and conditions. Section 5. That the Development Agreement submitted by the Developer satisfies the requirements of this offering and, in the event that no other qualified proposals are time- ly submitted, that the City Council intends to accept and approve the Development Agreement. Section 6. That it is hereby determined that the Developer possesses the qualifica- tions, financial resources and legal ability necessary to purchase 346-348 W Locust and to rehabilitate, manage and operate the site in the manner proposed by this offering in accordance with the Plan. Section 7. That the City Clerk shall receive and retain for public examination the at- tached Development Agreement submitted by the Developer and, in the event no other qualified proposals are timely submitted, shall resubmit the Development Agreement to the City Council for final approval and execution upon expiration of the notice hereinaf- ter prescribed. Section 8. That the action of the City Council be considered to be and does hereby constitute notice to all concerned of the intention of this Council, in the event that no other qualified proposals are timely submitted, to accept the proposal of the Developer to purchase 346-348 W Locust and to approve the Development Agreement by and be- tween City and Developer. Section 9. That the official notice of this offering and of the intent of the City, in the event no other qualified proposals are timely submitted, to approve the Development Agreement, shall be a true copy of this Resolution, but without the attachments referred to herein. Section 10. That the City Clerk is authorized and directed to secure immediate publi- cation of said official notice in the Telegraph Herald, a newspaper having a general cir- culation in the community, by publication of the text of this Resolution without attach- th ments on or before the 16 day of July, 2013. Section 11. That written proposals for the sale of 346-348 W Locust will be received by the City Clerk at or before 10:00 a.m., August 16, 2013 in the Office of the City Clerk, th located on the first floor at City Hall, 50 West 13 Street, Dubuque, Iowa 52001. Each proposal will be opened at the hour of 10:00 a.m. in City Hall, Dubuque, Iowa on August 16, 2013. Said proposals will then be presented to the City Council at 6:30 p.m., August 19, 2013, at a meeting to be held in the City Council Chambers, Historic Federal Build- 14 th ing at 350 West 6 Street, Dubuque, Iowa. Section 12. That such offering shall be in substantial conformance with the provisions of Iowa Code Section 403.8, requiring reasonable competitive bidding procedures as are hereby prescribed, which method is hereby determined to be the appropriate meth- od for rehabilitation of the 346-348 W Locust Street property. Section 13. That the required documents for the submission of a proposal shall be in substantial conformity with the provisions of this Resolution. Section 14. That the City Clerk is hereby nominated and appointed as the agent of the City of Dubuque, Iowa to receive proposals for the sale of the 346-348 W Locust on that date and according to the procedure hereinabove specified for receipt of such pro- posals and to proceed at such time to formally acknowledge receipt of each of such proposal by noting the receipt of same in the Minutes of the Council; that the City Man- ager is hereby authorized and directed to make preliminary analysis of each such pro- posal for compliance with the minimum requirements established by this Council here- inabove. For each proposal that satisfies these requirements, the City Council shall judge the strength of the proposal by the competitive criteria established hereinabove. The City Council shall then make the final evaluation and selection of the proposals. Section 15. Each proposal submitted which satisfies the foregoing minimum require- ments, as determined by the City Manager, shall be reviewed on the basis of the strength of such proposal following Competitive Criteria: Quality of the Proposed Development: (1) The total cost of the project. (2) The types of materials to be used in the construction of the project. (3) Timeline for completion of the rehabilitation project. Architectural Design of the Proposed Development: (1) The compatibility of the design with residential neighborhood. (2) The commitment to reuse of building materials. (3) The aesthetic quality of the development and its sensitivity to the neighborhood. (4) Level of commitment to historic renovation. Economic Feasibility of the Proposed Development: (1) The economic return to the City provided by the proposed development, including but not limited to, the sale price, the property taxes generated and the encouragement of related development in the area. (2) The ability of the prospective developer to finance and complete the project as proposed. (3) The financial impact of the proposed development upon the City's operating budget and capital improvement plan, particularly as it relates to the construction and maintenance of any required public improvements. Section 16. If, and only if, competing proposals are received and determined by the Council to meet the minimum requirements described herein, the Developer shall be allowed to amend its proposal in response thereto and to deliver same to the City Man- ager, by no later than a date determined by the City Council. In such event, the Council shall schedule a subsequent meeting to be held by the City Manager at which there shall be a bid-off conducted by the City Manager. During such bid-off, each competing bidder shall bid against the other, starting with the second proposal received and con- tinuing until such time as each bidder shall decline to improve its proposal to acquire and redevelop 346-348 W Locust in response to the last bid of the other bidder or bidders. The peri- 15 od of time to be allowed for such bid-off shall be determined by the City Manager. The rules of such bid-off shall be as determined by the City Manager at or before such bid- off period and shall be absolute. Section 17. That in the event another qualified proposal is timely submitted and ac- cepted by the City, another and further notice shall be published of the intent of the City of Dubuque, Iowa, to enter into the resulting agreement, as required by law. Section 18. Resolution Nos. 156-13 and 201-13 are hereby rescinded. th Passed, approved and adopted this 15 day of July, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Federal Emergency Management Agency (FEMA) - Catfish Station Electrical Re- pairs: City Manager recommending initiation of the bidding process for the Water & Re- source Recovery Center Catfish Station Electrical Repairs FEMA Project, and further recommends that a public hearing be set for August 19, 2013, to consider approving the plans, specifications, form of contract and estimated cost for the Catfish Station Electri- cal Repairs FEMA. Upon motion the documents were received and filed and Resolution No. 234-13 Preliminary approval of plans, specifications, form of contract, and estimat- ed cost; setting date of public hearing on plans, specifications, form of contract, and es- timated cost; and ordering the advertisement for bids (Water & Resource Recovery Center Catfish Station Electrical Repairs (FEMA) was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 19, 2013 in the Historic Federal Building. RESOLUTION NO. 234-13 WATER & RESOURCE RECOVERY CENTER CATFISH STATION ELECTRICAL REPAIRS (FEMA) PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1: The proposed plans, specifications, form of contract and estimated cost for the Water & Resource Recovery Center Catfish Station Electrical Repairs FEMA, in the estimated amount of $132,482.70 are hereby preliminarily approved and ordered on file in the Office of the City Clerk for public inspection. th Section 2: A public hearing will be held on the 19 day of August, 2013, at 6:30 p.m. th in the second-floor City Council Chambers of the Historic Federal Building, 350 W. 6 Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project. Section 3: The City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the attached Notice to Bidders in accordance with Iowa Code. th Passed, adopted and approved this 15 day of July, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk 16 BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. Building Code Board of Appeals: One– 3 year term through August 1, 2016 (Expiring term of Kolf). Applicant: F. James Kolf, 114 Princeton Pl. Civic Center Commission: Two – 3 year terms one through June 29, 2015 and one through June 29, 2016 (Vacant terms of Kurt and Fuller). Applicants: Tyler Daugherty, 418 Emmett St.; and Adrienne Scott, 471 ½ Locust St. Ms. Scott spoke in support of her appointment(s). Housing Commission: Two – 3 year terms through August 17, 2016 (Expiring terms of Root and Schwendinger) Applicants: Judie Root, 2312 Washington St.; and Dorothy Schwendinger, 3525 Windsor. Mayor Buol stated that Ms. Schwendinger had submitted correspondence to the City Council in support of her appointment. Human Rights Commission: One – 3 year term through January 1, 2016 (Vacant term of Root). Applicants: Tom LoGuidice, 786 Stone Ridge Place; and Adrienne Scott, 471 ½ Locust St. Safe Community Advisory Committee: One – 1 year term through December 31, 2013 (Vacant term of Callahan). Applicant: Adrienne Scott, 471 ½ Locust St. Appointments to the following board/commission: Investment Oversight Advisory Commission: One – 3 year term through July 1, 2016 (expiring term of Ruden). Applicant: Gary Ruden, 325 W. 1st Street. Motion by Lynch to appoint Gary Ruden to one 3-year term through July 1, 2016. Seconded by Jones. Mo- tion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. Request to Rezone - 380 Cedar Cross Road: Proof of publication on notice of public hearing to consider a request by Royal Oaks Development to rezone an 11-acre parcel located at 380 Cedar Cross Road from AG Agricultural to C-3 General Commercial Dis- trict and the Zoning Advisory Commission recommending approval. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Developer for Royal Oaks, A.J. Spiegel, spoke in favor of the request. Planning Services Manager Laura Carstens and Zoning Advisory Commission Chairperson Charlie Miller provided a staff report and responded to questions regarding the voluntary planting of trees and when conditions apply to zoning requests. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 36-13 Amend- ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 380 Cedar Cross Road from AG Agricultural to C-3 General Commercial District. Seconded by Connors. Motion carried 7-0. 17 OFFICIAL PUBLICATION ORDINANCE NO. 36-13 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF OR- DINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 380 CEDAR CROSS ROAD FROM AG AG- RICULTURAL TO C-3 GENERAL COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, the Unified De- velopment Code, is hereby amended by reclassifying the hereinafter-described property from AG Agricultural to C-3 General Commercial District, to wit: Lot 2-2 Mineral Lot 230, Lot 1-3 of Mineral Lot 232, and Lot 2 Merfeld Acres, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zon- ing Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication, as provided by law. th Passed, approved and adopted this 15 day of July, 2013. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk th Published officially in the Telegraph Herald newspaper on the 19 day of July, 2013. /s/Kevin S. Firnstahl, CMC, City Clerk Request to Rezone - 1048 and 1060 White Street: Proof of publication on notice of public hearing to consider a request by Miner Properties to rezone property located at 1048-1060 White Street from Historic Millwork District Planned Unit Development to C-4 Downtown Commercial Zoning District and the Zoning Advisory Commission recom- mending approval. Motion by Jones to receive and file the documents and that the re- quirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Se- conded by Connors. Planning Services Laura Carstens provided a staff report. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 37-13 Amend- ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 1048 and 1060 White Street from Planned Unit development district to C-4 Downtown Commercial District with Condi- tions. Seconded by Connors. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 37-13 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF OR- DINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1048 AND 1060 WHITE STREET FROM PLANNED UNIT DEVELOPMENT DISTRICT TO C-4 DOWNTOWN COMMERCIAL DISTRICT WITH CONDITIONS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 18 Section 1. That Title 16 of the City of Dubuque Code of Ordinances, the Unified De- velopment Code, is hereby amended by reclassifying the hereinafter–described proper- ty from Planned Unit Development District to C-4 Downtown Commercial District with conditions, to wit: North ½ of City Lot 341 and South ½ of City Lot 341, and to the centerline of the ad- joining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zon- ing Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication, as provided by law. th Passed, approved and adopted this 15 day of July, 2013. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Request to Amend Planned Unit Development - Historic Millwork District: Proof of publication on notice of public hearing to consider a request by the City of Dubuque to amend the Historic Millwork District Planned Unit Development District Conceptual Plan to allow off-street parking needed for redevelopment projects and the Zoning Advisory Commission recommending approval. Motion by Jones to receive and file the docu- ments and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Planning Services Laura Carstens provided a staff re- port. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 38-13 Amending Title 16, the Unified Development Code of the City of Dubuque Code of Ordi- nances by amending Ordinance 02-12 Which Established Regulations for a PUD Planned Unit Development District with a Planned Commercial Designation for the His- toric Millwork District PUD and now being amended to allow for the development of two th new parking lots at the intersection of 11 and Elm Streets. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 38-13 AN ORDINANCE AMENDING TITLE 16, THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENNDING ORDINANCE 02-12 WHICH ESTABLISHED REGULATIONS FOR A PUD PLANNED UNIT DE- VELOPMENT DISTRICT WITH A PLANNED COMMERCIAL DESIGNATION FOR THE HISTORIC MILLWORK DISTRICT PUD AND NOW BEING AMENDED TO AL- LOW FOR THE DEVELOPMENT OF TWO NEW PARKING LOTS AT THE INTER- TH SECTION OF 11 AND ELM STREETS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances is hereby amended by amending Ordinance 02-12 which established regulation for a Planned Unit Development District with a Planned Commercial District designation and adopting an amended conceptual development plan, a copy of which is attached to and made a part hereof, and now being amended to allow for the develop- ment of two new parking lots for the following described property, to wit: 19 th All real property generally located south of 12 Street, east of White Street and west of Highway 61/151 as highlighted in Exhibit A, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. A. Use Regulations. The following regulations shall apply to all uses made of land in the above-described PC Planned Commercial District: Principal permitted uses: The following uses are permitted in the Historic Millwork District PUD: 1. Places of religious exercise or assembly. 2. Public, private or parochial school approved by State of Iowa (K- 12). 3. Public or private park, golf course, or similar natural recreation ar- ea. 4. Railroad and public or quasi-public utility, including substation. 5. Residential use. 6. Housing for the elderly and persons with disabilities (not identified with (5) above). 7. Noncommercial art gallery. 8. Museum or library. 9. School of private instruction. 10. Private club. 11. General office. 12. Medical office or clinic. 13. Dental or medical lab. 14. Barber or beauty shop. 15. Hotel. 16. Shoe repair. 17. Laundry or drycleaner. 18. Bakery (wholesale or commercial). 19. Retail sales or service. 20. Indoor restaurant. 21. Bar or tavern. 22. Supermarket. 23. Tailoring or alterations. 24. Furniture or home furnishing. 25. Appliance sales or service. 26. Animal hospital or clinic. 27. Laundromat. 28. Furniture upholstery or repair. 29. Artist studio. 30. Photographic studio. 31. Neighborhood shopping center. 32. Business services. 33. Department store. 34. Auditorium or assembly hall. 35. Indoor theater. 36. Bank, savings and loan, or credit union. 37. Indoor amusement center. 20 38. Vending or game machine sales and service. 39. Indoor recreation facility. 40. Mail order house. 41. Printing or publishing. 42. Parking structure. 43. Vocational school. 44. Business or secretarial school. 45. Passenger transfer facility. 46. Warehousing and storage facility. 47. Artisan production shop. Accessory Uses: The following accessory uses are permitted in the Historic Millwork District PUD: 1. Any use customarily incidental and subordinate to the principal use it serves. 2. Boiler system in use as part of an industrial business or use. 3. Outdoor seating as part of an indoor restaurant, bar or tavern. Conditional Uses: The following conditional uses are permitted in the His- toric Millwork District PUD, subject to the provisions of Article 8 of the Unified Development Code that establishes requirements for application to the Zon- ing Board of Adjustment for a conditional use permit, and any other specific conditions listed below for a conditional use. 1. Drive-in or carry-out restaurant. 2. Drive-up automated bank teller. 3. Vehicle rental. 4. Construction supplies sales and service. 5. Contractor shop or yard. 6. Wholesale sale/distributor. 7. Agricultural supply sales. 8. Lumberyard or building materials. 9. Laboratory for research, development or engineering, provided that such use complies with all local, state, and federal regulations governing hazardous substances, hazardous conditions, hazard- ous wastes, and hazardous materials. 10. Freight transfer facility. 11. Moving or storage facility. 12. Millworking. 13. Manufacture, assembly, repair or storage of electrical or electronic products, components or equipment. 14. Manufacture or assembly of musical instruments; toys; watches or clocks; medical, dental, optical or similar scientific instruments; or- thopedic or medical appliances; signs or billboards. 15. Manufacturing, compounding, assembly or treatment of articles or products from the following substances: clothing or textiles; rub- ber, precious or semiprecious stones or metals; wood; plastics; paper; leather; fiber; glass; hair; wax; metal; concrete; feathers; fur; cork; and celluloid or cellulose products. 16. District energy system. 17. Private energy generation facility. 21 18. Exterior storage. 19. Licensed child care centers, provided that: a. Such facility shall supply loading and unloading spaces so as not to obstruct public streets or create traffic or safety hazards; b. All licenses have been issued or have been applied for and are awaiting the outcome of the state’s decision; and c. Such use shall not be located within the same structure as any gas station, bar/tavern, automated gas station or any fa- cility selling, servicing, repairing, or renting vehicles. d. The conditional use applicant certifies that the premises on which the licensed child care center will be located complies with, and will for so long as the licensed child care center is so located, continue to comply with all local, state and feder- al regulations governing hazardous substances, hazardous conditions, hazardous wastes, and hazardous materials. e. If the applicant is subject to the requirements of Section 302 of the Superfund Amendments and Reauthorization Act of 1986, as amended, the Emergency Management Director shall certify whether or not the applicant has submitted a cur- rent inventory of extremely hazardous substances kept or stored on the premises. If any such extremely hazardous substances are kept or stored on the premises, the applicant shall also post in a conspicuous place on the premises a no- tice indicating a description of the extremely hazardous sub- stances, and the physical and health hazards presented by such substances. f. Applicant shall submit an evacuation plan for approval by the City, both written and drawn, that details where the children will go in the event of a hazardous materials incident. The plan shall include a “house in place” scenario in which the children can be kept safely within a room of the building that has no penetration to the outside (windows, doors, etc). g. Applicant shall submit plans for approval by the City that in- dicate the installation of a main emergency shut-off switch for the heating, ventilation, and air conditioning (HVAC) sys- tem to minimize the infiltration risk of airborne hazardous materials. B. Lot and Bulk Regulations. The following bulk regulations shall apply in the Historic Millwork Dis- trict PUD, subject to the provisions of the Unified Development Code. 1. Setbacks: a) Front yard = 0 feet b) Side yard = 0 feet c) Rear yard = 0 feet 2. Building Height = no maximum. 22 3. New Construction Transition. New construction on the blocks be- thth tween 12 Street and 11 Street should transition in scale from the Washington Neighborhood to the District PUD. C. Sign Regulations. 1. The number, size and location of signs in the Historic Millwork Dis- trict PUD shall be regulated in accordance with Exhibit C and all other applicable regulations of Article 15 of the Unified Develop- ment Code. 2. A comprehensive sign plan is required as part of the sign permit submittal for all multi-tenant buildings. 3. Free-standing signs in the District PUD shall be monument-style signs. 4. The design of signage shall comply with the Downtown Design Guidelines for signs. Waiver requests from these guidelines shall be reviewed by the Historic Preservation Commission in accord- ance with the provisions of Article 10 of the Unified Development Code. 5. Variance requests from sign requirements established in Article 15 of the Unified Development Code shall be reviewed by the Zoning Board of Adjustment in accordance with provisions of Arti- cle 8 of the Unified Development Code. 6. Off-premise signs are prohibited in the Historic Millwork District PUD. D. Performance Standards. Creation of a viable, equitable, and livable mixed-use neighborhood in the Historic Millwork District PUD that includes residential, retail, office, commercial, and industrial uses requires both strategy and flexibility for its sustainability. The development and maintenance of uses in the His- toric Millwork District PUD conceptually should follow the goals, objec- tives, and recommendations of the Historic Millwork District Master Plan, incorporated herein by reference and on file in the Planning Ser- vices Department. The development and maintenance of uses in the Historic Millwork District PUD shall be regulated as follows: 1. Conceptual Development Plan a. Referenced herein as Section 5. Development Summary of the Historic Millwork District Master Plan, and shown on Ex- hibit B, on file in the Planning Services Department, and made a part of this zoning reclassification by reference as the Conceptual Development Plan for the Historic Millwork District PUD. b. It is recognized that minor shifts or modifications to the gen- eral plan layout may be necessary and compatible with the need to acquire workable street patterns, grades and usable building sites. c. The Land Use / Development Patterns depicted in the His- toric Millwork District Master Plan for ground floor uses re- flect a predominance of residential uses; however, for Dis- trict sustainability, these ground floor uses shall be charac- 23 terized by a flexible designation for the Historic Millwork Dis- trict PUD Conceptual Development Plan as shown in Exhibit B. 2. Parking Regulations Off-street parking is not required as part of the Historic Millwork District PUD. Off-street parking spaces may be provided in a building as an accessory use, subject to review and approval un- der Building, Fire, and other applicable City Codes. If a property owner chooses to provide surface off-street parking within the Dis- trict PUD, the City Council must first approve the request and the following regulations shall apply: a. Parking lot design shall comply with the Downtown Design Guidelines for surface parking lots. b. All vehicle-related features shall be surfaced with standard or permeable asphalt, concrete, or pavers. c. Curbing and proper surface drainage of storm water shall be provided. d. All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. e. The size and design of parking spaces shall be governed by applicable provisions of the Unified Development Code en- forced at the time of development of the lot. f. The number, size, design, and location of parking spaces designated for persons with disabilities shall be according to the local, state, or federal requirements in effect at the time of development. 3. Parking Structures. Parking structures (ramps) are allowed in the Historic Millwork District PUD subject to City Council review and the following standards: a. Parking structures shall comply with the Downtown Design Guidelines for parking facilities. b. The size and design of parking spaces shall be governed by applicable provisions of the Unified Development Code en- forced at the time of development. c. The number, size, design, and location of parking spaces designated for persons with disabilities shall be according to the local, state or federal requirements in effect at the time of development. 4. Site Lighting a. Exterior illumination of site features shall be limited to the il- lumination of the following: i. Parking areas, driveways and loading facilities. ii. Pedestrian walkway surfaces and entrances to build- ing. iii. Building exterior. b. Location and Design 24 i. All exterior lighting luminaries shall be designed and installed to shield light from the luminaries at angles above 72-degrees from vertical. ii. Fixtures mounted on a building shall not be positioned higher than the roofline of the building. iii. All electrical service lines to posts and fixtures shall be underground and concealed inside the posts. iv. The design of exterior lighting luminaries shall comply with the Downtown Design Guidelines for signs. Waiv- er requests from these guidelines shall be reviewed by the Historic Preservation Commission in accordance with the provisions of Article 10 of the Unified Devel- opment Code. 5. Open Space It is the intent of these regulations that the development of open spaces (if provided) shall reflect a high quality of envi- ronmental design. The following provisions shall apply. i. Open space plans are required as part of submittals for site plan review. Such plans are to include type, number and size of proposed plantings, paving and other open space amenities. Open space areas shall be designed in compliance with Downtown Design Guidelines and the Historic Millwork District Master Plan. ii. Within one (1) year following completion of construc- tion, or by the date that a building is issued an occu- pancy certificate by the Building Services Department of the City of Dubuque, whichever occurs first, required open space amenities shall be installed. 6. Stormwater Management The developer shall be responsible for providing stormwater man- agement in a means that is satisfactory to the City Engineer and consistent with the Historic Millwork District Master Plan. Sustain- able, low impact development techniques for stormwater man- agement approved by the City Engineer will be used where feasi- ble. Other applicable regulations also enforced by the City Engi- neer relative to stormwater management and drainage shall apply to the subject property. 7. Exterior Trash Collection Areas a. The storage of trash and debris shall be limited to that pro- duced by the principal permitted use and accessory uses of the lot. b. All exterior trash collection areas and the materials con- tained therein shall be visually screened from view. The screening shall be completely opaque fence, wall or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be 25 horizontal. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. c. Exterior trash collection areas shall comply with the Down- town Design Guidelines for service areas. 8. Exterior Storage a. Exterior storage is allowed in the Historic Millwork PUD Dis- trict. Exterior storage areas shall comply with the Downtown Design Guidelines for service areas. b. The use of semi-trailers and/or shipping containers for stor- age is prohibited. 9. Final site development plans shall be submitted in accordance with provisions of Article 12 and Article 13 of the Unified Devel- opment Code prior to construction or expansion of any buildings, free-standing signs, or parking facilities. The Downtown Design Guidelines shall apply to site development in the District PUD, and shall take precedence over the Design Standards for Big Box Re- tail Uses (over 100,000 square feet) and the Design Standards for Retail Commercial Uses (over 60,000 square feet) and Regional Shopping Centers in Article 13 of the Unified Development Code. 10. Retail uses should be clustered around each other and adjacent th to public spaces, such as at the intersection of 10 and Washing- ton Streets, in the Farley & Loetscher and Kirby Buildings along th 7 Street, and in a highly visible commercial corridor at the east edge of the District along Elm Street. 11. Land uses should transition from industrial on the south to resi- dential on the north, with new commercial or mixed use buildings along the new block to be created by realigning Elm Street in ac- cordance with the Historic Millwork District Master Plan. E. Other Codes and Regulations 1. Service Lines. All electric, telephone, cable, or other similar utility lines serving the building and other site features shall be located underground, where feasible. 2. These regulations do not relieve the owner from other applicable city, county, state or federal codes, regulations, laws and other controls relative to the planning, construction, operation and man- agement of property within the city of Dubuque. F. Transfer of Ownership Transfer of ownership or lease of property in the Historic Millwork Dis- trict PUD shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the District PUD. G. Recording A copy of this PUD Ordinance shall be recorded, at the expense of the City of Dubuque, with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approv- al. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. 26 Section 2. The foregoing amendment has heretofore been reviewed by the Zon- ing Advisory Commission of the City of Dubuque, Iowa. Section 3. The foregoing amendment shall take effect upon publication, as pro- vided by law. th Passed, approved and adopted this 15 day of July, 2013. /s/Roy D. Buol, Mayor Attest: /s/Kevin Firnstahl, City Clerk th Published officially in the Telegraph Herald newspaper on the 19 day of July, 2013. /s/Kevin S. Firnstahl, CMC, City Clerk Dubuque Industrial Center South PCC Paving and Utilities: Proof of publication on notice of public hearing to consider the approval of plans, specifications, form of con- tract, and estimated cost for the Dubuque Industrial Center South PCC Paving and Utili- ties 2013 Project and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 235-13 Approval of plans, specifications, form of contract, and estimated cost for the Dubuque Industrial Center South PCC Paving and Utilities - 2013 Project. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 235-13 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI- MATED COST FOR THE DUBUQUE INDUSTRIAL CENTER SOUTH PCC PAVING & UTILITIES – 2013 PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Dubuque Industrial Center South PCC Paving & Utilities – 2013 Project, Phase I, in the estimated amount $719,500, are hereby approved. th Passed, adopted and approved this 15 day of July, 2013. Roy D. Buol, Mayor Kevin S. Firnstahl, City Clerk Attest: Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Code of Ordinances Title 14 - 2012 International Building Codes: City Manager rec- ommending adoption of the 2012 International Building, Residential, Plumbing, Mechan- ical, Fuel Gas and Energy Conservation Codes published by the International Code Council, Inc. Motion by Lynch to receive and file the documents and that the require- ment that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Building Services Manager Rich Russell and Fire Chief Dan Brown responded to questions. Chief Brown stated that the Fire Department is conducting a two-part infor- mation session to educate contractors on the specifications for residential sprinklers in conjunction with a fire demonstration module. Motion carried 7-0. Motion by Lynch for final consideration and passage of Ordinance No. 39-13 Amend- ing City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 27 Building Codes, Article A Building Code and Regulations, Sections 14-1A-1 Internation- al Building Code Adopted and 14-1A-2 International Building Code Amendments; Article B Residential Code, Sections 14-1B-1 International Residential Code Adopted and 14- 1B-2 International Residential Code Amendments; Article C Energy Conservation Code, Sections 14-1C-1 International Energy Conservation Code Adopted and 14-1C-2 Inter- national Energy Conservation Code Amendments; Article F Mechanical Code, Sections 14-1F-1 International Mechanical Code Adopted, 14-1F-2 International Mechanical Code Amendments, and 14-1F-3 Fees; Article G Fuel Gas Code, Sections 14-1G-1 Fuel Gas Code Adopted and 14-1G-2 Fuel Gas Code Amendments; and Article H Plumbing Code, Sections 14-1H-1 International Plumbing Code Adopted, 14-1H-2 In- ternational Plumbing Code Amendments, 14-1H-3 Licensure and Certification, 14-1H-4 Backflow Prevention Requirements for New Residential Construction, 14-1H-5 Backflow Prevention Requirements for Existing Water Services, and 14-1H-6 Inspection Fees by Repealing Such Sections and Enacting New Sections in Lieu Thereof Adopting the 2012 International Building, Residential, Energy Conservation, Fire, Mechanical, Fuel Gas, and Plumbing Codes. Seconded by Connors. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 39-13 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE A BUILDING CODE AND REGULATIONS, SECTIONS 14-1A-1 INTERNATIONAL BUILDING CODE ADOPTED AND 14-1A-2 INTERNATIONAL BUILDING CODE AMENDMENTS; ARTICLE B RESIDENTIAL CODE, SECTIONS 14-1B-1 INTERNATIONAL RESIDENTIAL CODE ADOPTED AND 14-1B-2 INTERNATIONAL RESIDENTIAL CODE AMENDMENTS; ARTICLE C ENERGY CONSERVATION CODE, SECTIONS 14-1C-1 INTERNATIONAL ENERGY CONSERVATION CODE ADOPTED AND 14- 1C-2 INTERNATIONAL ENERGY CONSERVATION CODE AMENDMENTS; ARTICLE F MECHANICAL CODE, SECTIONS 14-1F-1 INTERNATIONAL MECHANICAL CODE ADOPTED, 14-1F-2 INTERNATIONAL MECHANICAL CODE AMENDMENTS, AND 14-1F-3 FEES; ARTICLE G FUEL GAS CODE, SECTIONS 14- 1G-1 FUEL GAS CODE ADOPTED AND 14-1G-2 FUEL GAS CODE AMENDMENTS; AND ARTICLE H PLUMBING CODE, SECTIONS 14-1H-1 INTERNATIONAL PLUMBING CODE ADOPTED, 14-1H-2 INTERNATIONAL PLUMBING CODE AMENDMENTS, 14-1H-3 LICENSURE AND CERTIFICATION, 14-1H-4 BACKFLOW PREVENTION REQUIREMENTS FOR NEW RESIDENTIAL CONSTRUCTION, 14-1H- 5 BACKFLOW PREVENTION REQUIREMENTS FOR EXISTING WATER SERVICES, AND 14-1H-6 INSPECTION FEES BY REPEALING SUCH SECTIONS AND ENACTING NEW SECTIONS IN LIEU THEREOF ADOPTING THE 2012 INTERNATIONAL BUILDING, RESIDENTIAL, ENERGY CONSERVATION, FIRE, MECHANICAL, FUEL GAS, AND PLUMBING CODES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1A-1 of the City of Dubuque Code of Ordinances is amended by repealing Section 14-1A-1 and enacting a new Section 14-1A-1 in lieu thereof as fol- lows: 28 14-1A-1: INTERNATIONAL BUILDING CODE ADOPTED: Except as hereinafter added to, deleted, modified, or amended, there is here- by adopted by reference as the building code of the city that certain building code known as the International Building Code, 2012 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 mat- ters 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, 2012 Edition, as adopted, shall be on file in the office of the city clerk for public inspection. Section 2. Section 14-1A-2 of the City of Dubuque Code of Ordinances is amended by repealing Section 14-1A-2 and enacting the following additions, deletions, modifica- tions, or amendments of the International Building Code, 2012 Edition, adopted in Sec- tion 14-1A-1 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 struc- tures, see Chapter 34 of the International Building Code. For temporary buildings and structures, see Section 3103 of the International Building Code. Historic buildings. Repairs, alterations and additions necessary for the preser- vation, 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 spe- cific 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 101.4.4. Property Maintenance. The provisions of the International Prop- erty Maintenance Code, excluding Appendix A, shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanita- tion, life, and fire safety hazards; responsibilities of owners, operators, and occu- pants; and occupancy of existing premises and structures. Sec. 105.5 Expiration. Every permit issued shall become invalid unless the work on the site author- ized by such permit is completed within one year after its issuance, unless the building is part of a project which, because of its complexity or proportions, will require more time, in which instance the building official may grant permits for the project in phases. The Building Official is authorized to grant, in writing and for justifiable cause, a renewal of a permit for two (2) successive periods of ninety (90) days, for a period not to exceed one-hundred eighty (180) days; provided, that a fee is paid for each renewal as set by the City Manager. 29 All City of Dubuque residential building permits issued prior to July 16, 2007 without an expiration date listed shall expire on October 1, 2010. Sec. 113. Building Code and Advisory Appeals Board. A. Board Created. There is hereby created a Building Code and Advisory Ap- peals Board. B. Mission. The mission of the Building Code and Advisory Appeals Board shall be 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. C. Internal Organization and Rules. The Board may adopt rules and regula- tions to govern its organizational procedures as may be necessary and which are not in conflict with City or State Code. D. Procedures for Operation. All administrative, personnel, accounting, budg- etary, and procurement policies of the City shall govern the Board in all its opera- tions. E. Membership. 1. The Building Code Advisory and Appeals Board shall consist of seven (7) residents of the City of Dubuque, appointed by the City Council. The mayor must publish notice of the names of persons selected for appoint- ment no less than thirty (30) days prior to a vote by the city council. 2. Residents must be eighteen (18) years of age or older. 3. Special Qualifications. a. One (1) member shall be an architect or engineer registered in the State of Iowa; b. One (1) member shall be a commercial contractor; c. One (1) member shall be a journeyman carpenter; d. One (1) member must be a residential contractor e. One (1) member shall be from the public at-large; and f. Two (2) representatives must have knowledge of ADA regulations to represent the interests of persons with disabilities. F. Terms. The term of office for members of the Building Code Advisory and Appeals Board shall be three (3) years. All officers shall be eligible to serve suc- cessive terms of office. G. Vacancies.Vacancies caused by death, resignation, or otherwise shall be promptly filled by the City Council for the unexpired term of office. H. Officers/Organization. The Board shall choose annually, from its own mem- bership, a chairperson and vice chairperson, each to serve a term of one (1) year. The building official, or designee, shall be secretary of the Board. The Board shall fill vacancies among its officers for the remainder of the unexpired term. I. Meetings. 1. Regular Meetings. The Building Code Advisory and Appeals Board shall meet upon call of the chairperson, secretary or city manager. 2. Special Meetings. Special meetings may be called by the chairperson or at the written request of three (3) members by giving at least twenty-four (24) hours no- tice to every other member of the Commission. The call for a special meeting shall include an agenda and only matters included in that agenda may be acted 30 on at the meeting. 3. Open Meetings. All meetings shall be called and held in conformance with the Iowa Open Meetings Law. 4. Attendance. a. In the event a member of the Building Code Advisory and Appeals Board, created by this Chapter, has been absent for three (3) or more consecutive meetings of the Board, without being excused by the chair- person, it shall be grounds for the Board to recommend to the City Council that the position be declared vacant and a replacement appointed. b. Attendance shall be entered upon the minutes of all meetings. 5. Minutes. A copy of the minutes of all regular and special meetings of the Board shall be filed with the City Council within ten (10) working days after each meet- ing. 6. Quorum. Three (3) members of the Board shall constitute a quorum for the transaction of business. The affirmative vote of at least three (3) members shall be necessary for the adoption of any resolution. J. Compensation. The members of the Building Code Advisory and Appeals Board created by this Chapter shall serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on official Board business and such shall be within the limits established in the City budget. K. Removal. The City Council may remove any member of any board or com- mission which it has established. L. Powers. The Building Code Advisory and Appeals Board shall have the fol- lowing powers, duties, and responsibilities: 1. Any person who is aggrieved by a decision of the building official on any requirements resulting from the enforcement of the building code may ap- peal 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 de- cision 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, in- cluding the building official, shall have the right to present their case to the ap- peal 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; or, 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 submit- ted to substantiate any claims made regarding the use of alternates. 31 All appeal hearings shall be conducted in accordance with the procedures speci- fied in this Code. On issues before the Board involving the Americans with Disabilities Act (ADA) the Board may elect to seek input from ADA advocates in the community. If the Board elects to seek input from ADA advocates in the community the Board shall consult with a minimum of two (2) individuals. M. Limitations of Authority. The board of appeals shall have no authority rela- tive 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, effective- ness, durability, fire resistance, and safety. Sec. 114. Violations. It shall be unlawful for any person, firm or corporation to erect, construct, en- large, alter, repair, move, improve, remove, convert or demolish, equip, use, oc- cupy 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 con- viction shall be punishable as provided in Title 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. 116. 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 ap- pendages 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 un- safe 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 re- moval in accordance with the procedures set forth in Title 14, Chapter 3 of the Code of Ordinances. Section 3. Section 14-1B-1 of the City of Dubuque Code of Ordinances is amended by repealing Section 14-1B-1 and enacting a new Section 14-1B-1 in lieu thereof as fol- lows: 32 14-1B-1: INTERNATIONAL RESIDENTIAL CODE ADOPTED: Except as hereinafter added to, deleted, modified, or amended, there is here- by adopted by reference as the building code of the city that certain building code known as the International Residential Code, 2012 Edition and as published by the International Code Council, Inc., and the provisions of such building code shall be controlling in the construction, remodeling, maintenance, repair, and re- 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, 2012 Edition, as adopted, shall be on file in the office of the city clerk for public inspection. Section 4. Section 14-1B-2 of the City of Dubuque Code of Ordinances is amended by repealing Section 14-1B-2 and enacting the following additions, deletions, modifica- tions, or amendments of the International Residential Code, 2012 Edition, adopted in Section 14-1B-1 to read 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. 105.5 Expiration. Every permit issued shall become invalid unless the work on the site author- ized 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 peri- ods not to exceed 180 days. The extensions shall be requested in writing and justifiable cause demonstrated. Sec. R112. Building Code and Advisory Appeals Board. An appeal of a deci- sion rendered under the International Residential Code shall be brought to the Building Code and Advisory Appeals Board as outlined in City of Dubuque Code of Ordinances, Title 14, Chapter 1, Article A. Sec. R113. Violations. It shall be unlawful for any person, firm or corporation to erect, construct, en- large, alter, repair, move, improve, remove, convert or demolish, equip, use, oc- cupy 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 con- viction shall be punishable as provided in Title l 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. R303 Blower Door Test is hereby deleted. Sec. 310.1. Emergency Escape and Rescue Required. Basements, habitable attics, and every sleeping room shall have at least one (1) operable emergency escape and rescue opening. Where basements contain one or more sleeping rooms, emergency egress and rescue openings shall be required in each sleep- ing room. Where emergency escape and rescue openings are provided they shall have a sill height of not more than 44 inches (1118 mm) above the floor. 33 Where a door opening having a threshold below the adjacent ground elevation serves as an emergency escape and rescue opening and is provided with a bulkhead enclosure, the bulkhead enclosure shall comply with Section R310.3. The net clear opening dimensions required by this section shall be obtained by the normal operation of the emergency escape and rescue opening from the in- side. Emergency escape and rescue openings with a finished sill height below the adjacent ground elevation shall be provided with a window well in accordance with Section R310.2. Emergency escape and rescue openings shall open directly into a public way, or to a yard or court that opens to a public way. EXCEPTIONS: 1. Basements used only to house mechanical equipment and not exceeding total floor area of 200 square feet (18.58 m2). 2. Basements without bedrooms that provide a second stairway that termi- nates in a room separate from the first stairway. 3. 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: a. The exterior finish grade is more than 36 inches (914 mm) above the in- terior floor level of the room, OR altering the exterior configuration of the build- ing would adversely affect the historical significance of the building. b. A platform capable of supporting a live load of 300 pounds shall be per- manently 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. c. The escape or rescue window shall comply with Section R310.2. d. The building is equipped with smoke detectors installed in accordance with Section R313. Sec. R311.7.7.2. Continuity. Handrails for stairways shall be continuous for the full length of the flight, from a point directly above the top riser of the flight to a point directly above the lowest riser of the flight. Handrail ends shall be returned or shall terminate in newel posts or safety terminals. Handrails adjacent to a wall shall have a space of not less than 1 ½ inch (38 mm) between the wall and the handrails. 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. R313 and P2904. Automatic Fire Sprinkler Systems are hereby deleted. Sec. R404.1.2. Concrete Foundation Walls. Concrete foundation walls that support light-frame walls shall be designed and constructed in accordance with the provisions of this section, ACI 318, ACI 332 or PCA 100. Concrete foundation walls that support above-grade concrete walls that are within the applicability lim- its of Section R611.2 shall be designed and constructed in accordance with the provisions of this section ACI 318, ACI 332 or PCA 100. When ACI 318, ACI 332, PCA 100 or the provisions of this section are used to design concrete foundation 34 walls, project drawings, typical details, and specifications are not required to bear the seal of the architect or engineer responsible for design, unless otherwise re- quired by the state law of the jurisdiction having authority. 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. Table M1601.1.1(2) of the 2006 International Residential Code is hereby adopted: Minimum Equivalent Approximate Size Type of Duct Thickness Galvanized Aluminum (Inches) (inch) Sheet Gage B & S Gage Round ducts and 14 or less 0.013 30 26 enclosed over 14 0.016 28 24 rectangular ducts Exposed 14 or less 0.016 28 24 rectangular ducts over 14 0.019 26 22 For SI: 1 inch = 25.4 mm. Sec. P2603.6. Freezing. As Dubuque requires a winter design temperature of 32 degrees Fahrenheit (0 degrees Celsius) or lower as shown in Table R301.2(1) of this code, a water, soil or waste pipe shall not be installed outside of a build- ing, in exterior walls, in attics or crawl spaces, or in any other place subjected to freezing temperature unless adequate provision is made to protect it from freez- ing by insulation or heat or both. Water service pipe shall be installed not less than 6 inches (152 mm) below the frost line. Sec. P3114.3. Where permitted. 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. Individual and branch type air admittance valves shall vent only fixtures that are on the same floor level and connect to a horizontal branch drain. Part VIII “Electrical” is hereby amended by deleting Chapters 34-43 in their en- tirety. Section 5. Section 14-1C-1 of the City of Dubuque Code of Ordinances is amended by repealing Section 14-1C-1 and enacting a new Section 14-1C-1 in lieu thereof as follows: 14-1C-1: INTERNATIONAL ENERGY CONSERVATION CODE ADOPTED: Except as hereinafter added to, deleted, modified, or amended, there is here- by adopted by reference as the energy code of the city that certain code known as the International Energy Conservation Code, 2012 Edition, and as published by the International Code Council, Inc., and the thermal efficiency provisions of such code shall be controlling in the construction of all new construction and any renovation project that effects the building thermal envelope of a structure within the corporate limits of the city and the lighting efficiency provisions of such code shall be controlling in the new construction of buildings which are open to the general public during normal business hours and shall be known as the "Dubu- que Energy Code". A copy of the International Energy Conservation Code 2012 35 Edition, as adopted, shall be on file in the office of the city clerk for public inspec- tion. Section 6. Section 14-1C-2 of the City of Dubuque Code of Ordinances is amended by repealing Section 14-1C-2 and enacting the following additions, deletions, modifica- tions, or amendments of the International Energy Conservation Code, 2012 Edition, adopted in Section 14-1C-1 to read as follows: SECTION 202 GENERAL DEFINITIONS ABOVE-GRADE WALL. A wall more than 50 percent above grade and enclos- ing conditioned space. This includes between-floor spandrels, peripheral edges of floors, roof and basement knee walls, dormer walls, gable end walls, walls en- closing a mansard roof and skylight shafts. ACCESSIBLE. Admitting close approach as a result of not being guarded by locked doors, elevation or other effective means (see "Readily accessible"). ADDITION. An extension or increase in the conditioned space floor area or height of a building or structure. AIR BARRIER. Material(s) assembled and joined together to provide a barrier to air leakage through the building envelope. An air barrier may be a single mate- rial or a combination of materials. ALTERATION. Any construction or renovation to an existing structure other than repair or addition that requires a permit. Also, a change in a mechanical sys- tem that involves an extension, addition or change to the arrangement, type or purpose of the original installation that requires a permit. APPROVED. Approval by the code official as a result of investigation and tests conducted by him or her, or by reason of accepted principles or tests by national- ly recognized organizations. AUTOMATIC. Self-acting, operating by its own mechanism when actuated by some impersonal influence, as, for example, a change in current strength, pres- sure, temperature or mechanical configuration (see "Manual"). BASEMENT WALL. A wall 50 percent or more below grade and enclosing conditioned space. BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy. BUILDING THERMAL ENVELOPE. The basement walls, exterior walls, floor, roof, and any other building element that enclose conditioned space. This boundary also includes the boundary between conditioned space and any ex- empt or unconditioned space. C-FACTOR (THERMAL CONDUCTANCE). The coefficient of heat transmis- sion (surface to surface) through a building component or assembly, equal to the time rate of heat flow per unit area and the unit temperature difference between the warm side and cold side surfaces (Btu/h ft2 x oF) \[W/(m2 x K)\]. CODE OFFICIAL. The officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative. COMMERCIAL BUILDING. For this code, all buildings that are not included in the definition of "Residential buildings." CONDITIONED FLOOR AREA. The horizontal projection of the floors associ- ated with the conditioned space. 36 CONDITIONED SPACE. An area or room within a building being heated or cooled, containing uninsulated ducts, or with a fixed opening directly into an ad- jacent conditioned space. CRAWL SPACE WALL. The opaque portion of a wall that encloses a crawI space and is partially or totally below grade. CURTAIN WALL. Fenestration products used to create an external nonload- bearing wall that is designed to separate the exterior and interior environments. DAYLIGHT ZONE. 1. Under skylights. The area under skylights whose horizontal dimen- sion, in each direction, is equal to the skylight dimension in that direction plus either the floor-to ceiling height or the dimension to a ceiling height opaque partition, or one-half the distance to adjacent skylights or vertical fenestration, whichever is least. 2. Adjacent to vertical fenestration. The area adjacent to vertical fenes- tration which receives daylight through the fenestration. For purposes of this definition and unless more detailed analysis is provided, the daylight zone depth is assumed to extend into the space a distance of 15 feet (4572 mm) or to the nearest ceiling height opaque partition, whichever is less. The daylight zone width is assumed to be the width of the window plus 2 feet (610 mm) on each side, or the window width plus the distance to an opaque partition, or the window width plus one-half the distance to adjacent skylight or vertical fenestration, whichever is least. DEMAND CONTROL VENTILATION (DCV). A ventilation system capability that provides for the automatic reduction of outdoor air intake below design rates when the actual occupancy of spaces served by the system is less than design occupancy. DUCT. A tube or conduit utilized for conveying air. The air passages of self- contained systems are not to be construed as air ducts. DUCT SYSTEM. A continuous passageway for the transmission of air that, in addition to ducts, includes duct fittings, dampers, plenums, fans and accessory air-handling equipment and appliances. DWELLING UNIT. A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eat- ing, cooking and sanitation. ECONOMIZER, AIR. A duct and damper arrangement and automatic control system that allows a cooling system to supply outside air to reduce or eliminate the need for mechanical cooling during mild or cold weather. ECONOMIZER, WATER. A system where the supply air of a cooling system is cooled indirectly with water that is itself cooled by heat or mass transfer to the environment without the use of mechanical cooling. ENERGY ANALYSIS. A method for estimating the annual energy use of the proposed design and standard reference design based on estimates of energy use. ENERGY COST. The total estimated annual cost for purchased energy for the building functions regulated by this code, including applicable demand charges. ENERGY RECOVERY VENTILATION SYSTEM. Systems that employ air-to- air heat exchangers to recover energy from exhaust air for the purpose of pre- 37 heating, precooling, humidifying or dehumidifying outdoor ventilation air prior to supplying the air to a space, either directly or as part of an HVAC system. ENERGY SIMULATION TOOL. An approved software program or calculation- based methodology that projects the annual energy use of a building. ENTRANCE DOOR. Fenestration products used for ingress, egress and ac- cess in nonresidential buildings, including, but not limited to, exterior entrances that utilize latching hardware and automatic closers and contain over 50-percent glass specifically designed to withstand heavy use and possibly abuse. EXTERIOR WALL. Walls including both above-grade walls and basement walls. FAN BRAKE HORSEPOWER (BHP). The horsepower delivered to the fan's shaft. Brake horsepower does not include the mechanical drive losses (belts, gears, etc.). FAN SYSTEM BHP. The sum of the fan brake horsepower of all fans that are required to operate at fan system design conditions to supply air from the heating or cooling source to the conditioned spacers) and return it to the source or ex- haust it to the outdoors. FAN SYSTEM DESIGN CONDITIONS. Operating conditions that can be ex- pected to occur during normal system operation that result in the highest supply fan airflow rate to conditioned spaces served by the system. FAN SYSTEM MOTOR NAMEPLATE HP. The sum of the motor nameplate horsepower of all fans that are required to operate at design conditions to supply air from the heating or cooling source to the conditioned spacers) and return it to the source or exhaust it to the outdoors. FENESTRATION. Skylights, roof windows, vertical windows (fixed or movea- ble), opaque doors, glazed doors, glazed block and combination opaque/glazed doors. Fenestration includes products with glass and nonglass glazing materials. F-FACTOR. The perimeter heat loss factor for slab-on-grade floors (Btu/h x ft x OF) \[W/(m x K)\]. GAMBLING FACILITY – BACK OF HOUSE. Areas of a gambling structure or moored barge and associated hotel, meeting, entertainment or recreation spaces that are only accessible to authorized personnel and not to the general public and guests, such as employee and delivery entrances, employee lounges and dining areas, administrative offices and meeting rooms, maintenance areas, storage rooms, service corridors, etc. GAMBLING FACILITY – FRONT OF HOUSE. Areas of gambling structure or moored barge and associated hotel, meeting, entertainment or recreation spaces that are physically accessible or visible to the general public and guests, such as the exterior facades, landscaping, entries, lobbies, guestroom corridors, porte cocheres, retail shops, restaurants, theaters, gaming areas, guest conference and meeting rooms, other areas of entertainment or recreation, etc. HEAT TRAP. An arrangement of piping and fittings, such as elbows, or a commercially available heat trap that prevents thermosyphoning of hot water dur- ing standby periods. HEATED SLAB. Slab-on-grade construction in which the heating elements, hydronic tubing, or hot air distribution system is in contact with, or placed within or under, the slab. 38 IDGH-EFFICACY LAMPS. Compact fluorescent lamps, T-8 or smaller diame- ter linear fluorescent lamps, or lamps with a minimum efficacy of: 1. 60 lumens per watt for lamps over 40 watts, 2. 50 lumens per watt for lamps over 15 watts to 40 watts, and 3. 40 lumens per watt for lamps 15 watts or less. HUMIDISTAT. A regulatory device, actuated by changes in humidity, used for automatic control of relative humidity. INFILTRATION. The uncontrolled inward air leakage into a building caused by the pressure effects of wind or the effect of differences in the indoor and outdoor air density or both. INSULATING SHEATHING. An insulating board with a core material having a minimum R-value of R-2. KITCHEN DISPLAY. A substantially open cooking and food preparation facili- ty, located in the front-of-house dining room/lounge area specifically for the pur- pose of demonstrating the function of food and drink preparation. LABELED. Equipment, materials or products to which have been affixed a la- bel, seal, symbol or other identifying mark of a nationally recognized testing la- boratory, inspection agency or other organization concerned with product evalua- tion that maintains periodic inspection of the production of the above-labeled items and whose labeling indicates either that the equipment, material or product meets identified standards or has been tested and found suitable for a specified purpose. LISTED. Equipment, materials, products or services included in a list pub- lished by an organization acceptable to the code official and concerned with evaluation of products or services that maintains periodic inspection of produc- tion of listed equipment or materials or periodic evaluation of services and whose listing states either that the equipment, material, product or service meets identi- fied standards or has been tested and found suitable for a specified purpose. LOW-VOLTAGE LIGHTING. Lighting equipment powered through a trans- former such as a cable conductor, a rail conductor and track lighting. MANUAL. Capable of being operated by personal intervention (see "Automat- ic"). NAMEPLATE HORSEPOWER. The nominal motor horsepower rating stamped on the motor nameplate. PROPOSED DESIGN. A description of the proposed building used to estimate annual energy use for determining compliance based on total building perfor- mance. READILY ACCESSIBLE. Capable of being reached quickly for operation, re- newal or inspection without requiring those to whom ready access is requisite to climb over or remove obstacles or to resort to portable ladders or access equip- ment (see "Accessible"). REPAIR. The reconstruction or renewal of any part of an existing building. RESIDENTIAL BUILDING. For this code, includes R-3 buildings, as well as R- 2 and R-4 buildings three stories or less in height above grade. ROOF ASSEMBLY. A system designed to provide weather protection and re- sistance to design loads. The system consists of a roof covering and roof deck or a single component serving as both the roof covering and the roof deck. A roof 39 assembly includes the roof covering, underlayment, roof deck, insulation, vapor retarder and interior finish. R-VALUE (THERMAL RESISTANCE). The inverse of the time rate of heat flow through a body from one of its bounding surfaces to the other surface for a unit temperature difference between the two surfaces, under steady state condi- tions, per unit area (h . ftz °FlBtu) \[(m2K)/W). SCREW LAMP HOLDERS. A lamp base that requires a screw-in-type lamp, such as a compact-fluorescent, incandescent, or tungsten-halogen bulb. SERVICE WATER HEATING. Supply of hot water for purposes other than comfort heating. SKYLIGHT. Glass or other transparent or translucent glazing material installed at a slope of 15 degrees (0.26 rad) or more from vertical. Glazing material in sky- lights, including unit skylights, solariums, sunrooms, roofs and sloped walls is in- cluded in this definition. SLEEPING UNIT. A room or space in which people sleep, which can also in- clude permanent provisions for living, eating, and either sanitation or kitchen fa- cilities but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units. SOLAR HEAT GAIN COEFFICIENT (SHGC). The ratio of the solar heat gain entering the space through the fenestration assembly to the incident solar radia- tion. Solar heat gain includes directly transmitted solar heat and absorbed solar radiation which is then reradiated, conducted or convected into the space. STANDARD REFERENCE DESIGN. A version of the proposed design that meets the minimum requirements of this code and is used to determine the max- imum annual energy use requirement for compliance based on total building per- formance. STOREFRONT. A nonresidential system of doors and windows mulled as a composite fenestration structure that has been designed to resist heavy use. Storefront systems include, but are not limited to, exterior fenestration systems that span from the floor level or above to the ceiling of the same story on com- mercial buildings. SUNROOM. A one-story structure attached to a dwelling with a glazing area in excess of 40 percent of the gross area of the structure's exterior walls and roof. THERMAL ISOLATION. Physical and space conditioning separation from conditioned space(s). The conditioned space(s) shall be controlled as separate zones for heating and cooling or conditioned by separate equipment. THERMOSTAT. An automatic control device used to maintain temperature at a fixed or adjustable set point. U-FACTOR (THERMAL TRANSMITTANCE). The coefficient of heat transmis- sion (air to air) through a building component or assembly, equal to the time rate of heat flow per unit area and unit temperature difference between the warm side and cold side airfilms (Btu/h . ft2 . OF) (W/(m2 . K»). VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space. VENTILATION AIR. That portion of supply air that comes from outside (out- doors) plus any recirculated air that has been treated to maintain the desired quality of air within a designated space. 40 ZONE. A space or group of spaces within a building with heating or cooling requirements that are sufficiently similar so that desired conditions can be main- tained throughout using a single controlling device. Sec. 403.2. Reserved. Sec. 405.5.1. Total connected interior lighting power. The total connected inte- rior lighting power (watts) shall be the sum of the watts of all interior lighting equipment as determined in accordance with Section 405.5.1.1 through 405.5.1.4. Exceptions: The connected power associated with the following lighting equipment is not included in the calculating total connected lighting power. 1. Specialized medical, dental, and research lighting. 2. Professional and/or competition level sports playing area lighting. 3. Display lighting for exhibits in galleries, museums, monuments, and convention centers. 4. Sleeping unit lighting in hotels, motels, boarding houses or similar build- ings. 5. Emergency lighting automatically off during normal building operation. 6. Gambling Facility – Front of House areas. 7. Display kitchen and bar areas. Sec. 405.5.2. Interior lighting power. The total interior lighting power (watts) is the sum of all interior lighting powers for all area in the building covered in this permit. The interior lighting power is the floor area for each building area type listed in Table 405.5.2 times the value from Table 405.5.2 for that area. For areas with high ceilings and lighting fixture mounting heights that exceed 12 feet, an adjustment factor is allowed by multiplying the LPD value from Table 405.5.2 with the adjustment factor in Table 405.5.3. For the purposes of this method, an "ar- ea" shall be defined as all contiguous spaces that accommodate or are associat- ed with a single building area type as listed in Table 405.5.2. When this method is used to calculate the total interior lighting power for an entire building, each building area type shall be treated as a separate area. TABLE 405.5.3 ADJUSTMENTS FOR MOUNTING HEIGHTS ABOVE FLOOR Height (in feet) Multiply LPD by above the finished floor to the bottom of luminaire(s) 12 or less 1.0 13 1.05 14 1.10 15 1.15 16 1.21 17 1.47 18 1.65 19 1.84 20 or more 2.04 41 Sec. 405.6. Exterior lighting. (Mandatory). When the power for the exterior lighting is supplied through the energy service to the building, all exterior lighting, other than low-voltage lighting, shall comply with Sections 505.6.1 and 505.6.2. Exceptions: 1. Where approved because of historical, safety, signage or emergency consid- erations. 2. Light Emitting Diode (LED), neon, and cold cathode exterior lamp sources. 3. Gambling Facility – Front of House areas. Section 7. Section 14-1F-1 of the City of Dubuque Code of Ordinances is amended by repealing Section 14-1F-1 and enacting a new Section 14-1F-1 in lieu thereof as fol- lows: 14-1F-1: INTERNATIONAL MECHANICAL CODE ADOPTED: Except as hereinafter added to, deleted, modified or amended, there is hereby adopted by reference as the mechanical code of the city that certain mechanical code known as the international mechanical code, 2012 edition, and the provi- sions of such mechanical code shall be controlling for the installation, mainte- nance and use of heating, ventilating, cooling, refrigeration systems, incinerators and other miscellaneous heat producing appliances within the corporate limits of the city and shall be known as the Dubuque mechanical code. A copy of the in- ternational mechanical code, 2012 edition, as adopted, shall be on file in the of- fice of the city clerk for public inspection. Section 8. Sections 14-1F-2 and 14-1F-3 of the City of Dubuque Code of Ordinances are amended by repealing Sections 14-1F-2 and 14-1F-3 and enacting the following additions, deletions, modifications, or amendments of the International Mechanical Code, 2012 Edition, adopted in Section 14-1F-1 to read as follows: Section 203, "Board of Appeals" is hereby amended by repealing such section and re- placing such section with a new section in lieu thereof as follows: Section 203. Mechanical Code Board. A. Board Created. There is hereby created a Mechanical Code Board. B. Mission. The mission of the Mechanical Code Board shall be to determine the suitability of alternative materials and methods of installation, to provide for reasonable interpretations of the Mechanical Code, to serve as an appeal body for the decisions of the building official, to advise the City Council on all heating, ventilating, air conditioning, and refrigeration regulations and procedures, and to provide for examining applicants for certification of competency and issuing cer- tificates of competency and registration. C. Internal Organization and Rules. The Board may adopt rules and regula- tions to govern its organizational procedures as may be necessary and which are not in conflict with City or State Code. D. Procedures for Operation. All administrative, personnel, accounting, budg- etary, and procurement policies of the City shall govern the Board in all its opera- tions. E. Membership. 1. The Mechanical Code Board shall consist of seven (7) residents of the City of Dubuque, appointed by the City Council. 2. Special Qualifications. a. Each member shall have a background or experience in sheet metal contracting, hot water and steam fitting contracting, hot water 42 and steam fitting work, refrigeration contracting, refrigeration work, or mechanical engineering. F. Terms. The term of office for members of the Mechanical Code Board shall be three (3) years. All officers shall be eligible to serve successive terms of of- fice. G. Vacancies. Vacancies caused by death, resignation, or otherwise shall be promptly filled by the City Council for the unexpired term of office. H. Officers/Organization. The Board shall choose annually, from its own mem- bership, a chairperson and vice chairperson, each to serve a term of one (1) year. The building official, or the building official’s designee, shall be secretary of the Board. The Board shall fill vacancies among its officers for the remainder of the unexpired term. I. Meetings. 1. Regular Meetings. The Mechanical Code Board shall meet at least once every three (3) months. 2. Special Meetings. Special meetings may be called by the chairperson or at the written request of three (3) members by giving at least twenty- four (24) hours notice to every other member of the Commission. The call for a special meeting shall include an agenda and only matters included in that agenda may be acted on at the meeting. 3. Open Meetings. All meetings shall be called and held in conformance with the Iowa Open Meetings Law. 4. Attendance. a. In the event a member of the Mechanical Code Board, created by this Chapter, has been absent for three (3) or more consecutive meetings of the Board, without being excused by the chairperson, it shall be grounds for the Board to recommend to the City Council that the position be declared vacant and a replacement appointed. b. Attendance shall be entered upon the minutes of all meetings. 5. Minutes. A copy of the minutes of all regular and special meetings of the Board shall be filed with the City Council within ten (10) working days after each meeting. 6. Quorum. Four (4) members of the Board shall constitute a quorum for the transaction of business. The affirmative vote of at least four (4) mem- bers shall be necessary for the adoption of any resolution. J. Compensation. The members of the Mechanical Code Board created by this Chapter shall serve without compensation, provided that they may receive reim- bursement for necessary travel and other expenses while on official Board busi- ness and such shall be within the limits established in the City budget. K. Removal. The City Council may remove any member of any board or com- mission which it has established. L. Powers. The Mechanical Code Board Commission shall have the following powers, duties, and responsibilities: Any person who is aggrieved by a decision of the building official resulting from the enforcement of the Mechanical Code may appeal from such decision to the Mechanical Code Board, and said Board shall serve as an appeal board. In case the aggrieved party is a board member, said member shall be disqualified as a member of the board acting as an appeal board until the person aggrieved has 43 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 at the building official’s office within seven (7) days. The building official shall, within seven (7) days thereafter, notify the board of the appeal. The Mechanical Code Board shall meet within seven (7) days after receiv- ing such notice and shall render a decision within five (5) days thereafter. Any in- terested party, including the building official, may have the right to present such party’s case to the appeal board, whose decision shall be final unless appealed to the district court as provided by law. Section 204, "Violations" is hereby amended by repealing such section and re- placing such section with a new section in lieu thereof as follows: Section 204. Violations and Penalties. 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 Title 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. Table 3-A, “Mechanical Permit Fees" is hereby repealed. Table 603.4 of the 2006 International Mechanical Code is hereby adopted: Galvanized Approximate Duct Size Aluminum Minimum Equivalent B&S Gage thickness (inches) galvanized gage no. Round ducts and enclosed rectangular ducts 14” or 0.013 30 26 less Over 14” 0.016 28 24 Exposed rectangular ducts 0.016 28 24 14” or less Over 14” 0.019 26 22 For SI: 1 inch = 25.4 mm. 14-1F-3. Fees. The fee for each mechanical permit and supplemental mechani- cal permits shall be as established by the City Manager. Section 9. Section 14-1G-1 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-1G-1: FUEL GAS CODE ADOPTED: Except as hereinafter added to, deleted, modified or amended, there is hereby adopted by reference as the fuel gas code of the city that certain fuel gas code known as the international fuel gas code, 2012 edition, as prepared and edited by the International Code Council (ICC), and the provisions of such fuel gas code shall be controlling for the installation, maintenance and use of fuel gas piping sys- tems, fuel gas utilization equipment, gaseous hydrogen systems and related ac- cessories within the corporate limits of the city and shall be known as the Dubuque fuel gas code. A copy of the international fuel gas code, 2012 edition, as adopted, shall be on file in the office of the city clerk for public inspection. 44 Section 10. Section 14-1G-2 of the City of Dubuque Code of Ordinances is amended by repealing Section 14-1G-2 and enacting the following additions, deletions, modifica- tions, or amendments of the International Building Code, 2012 Edition, adopted in Sec- tion 14-1G-1 to read as follows: Section 406.4.1 Test Pressure and 406.4.2 Test Duration shall be deleted and replaced with the following: The test pressure to be used shall be 15 PSI for 15 minutes with a 30 PSI gauge maximum pound increments on all natural and LP fuel gas piping systems of 2 PSI or less. For fuel piping systems greater than 2 PSI the test pressure shall be 50 PSI for 30 minutes with a 100 PSI gauge maximum 2 pound increments. Section 11. Section 14-1H-1 of the City of Dubuque Code of Ordinances is amended by repealing Section 14-1H-1 and enacting a new Section 14-1H-1 in lieu thereof as fol- lows: 14-1H-1: INTERNATIONAL PLUMBING CODE ADOPTED: Except as hereinafter added to, deleted, modified or amended, there is hereby adopted by reference as the plumbing code of the city that certain plumbing code known as the international plumbing code, 2012 edition, published by the Interna- tional Code Council, and the provisions of such plumbing code shall be controlling for the installation, alteration, repair, relocation, replacement, addition to and use or maintenance of plumbing equipment and systems in all matters covered by such plumbing code within the corporate limits of the city and shall be known as the Dubuque plumbing code. A copy of the international plumbing code, 2012 edi- tion, as adopted, shall be on file in the office of the city clerk for public inspection. Section 12. Sections 14-1H-2, 14-1H-3, 14-1H-4, 14-1H-5, and 14-1H-6 of the City of Dubuque Code of Ordinances are amended by repealing such sections and enacting the following additions, deletions, modifications, or amendments of the International Plumbing Code, 2012 Edition, adopted in Section 14-1H-1 to read as follows: Sec. 103.3. Deputies. In accordance with prescribed procedures and with the approval of the City Manager, the building official may appoint such number of as- sistants, inspectors, and other employees as shall be authorized from time to time. Sec. 103.4. Liability. The building official or authorized representative charged with the enforcement of this Code, acting in good faith and without malice in the discharge of his or her duties, shall not thereby be rendered liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his or her duties. A suit brought against the building official or authorized representative because of such act or omission per- formed by him or her in the enforcement of any provision of this Code shall be de- fended by legal counsel provided by this jurisdiction until final termination of such proceedings. Sec. 104.1. Administrative Authority. The administrative authority shall be the building official who is duly appointed to enforce this Code. Sec. 104.5. Right of Entry. Whenever it is necessary to make an inspection to enforce the provisions of this Code, or whenever the building official or the building official's authorized representative has reasonable cause to believe that there ex- ists in any building or upon any premises any condition or violations of this Code which make the building or premises unsafe, insanitary, dangerous, or hazardous, the building official or the building official's authorized representative may enter the building or premises at all reasonable times to inspect or to perform the duties im- 45 posed upon the building official by this Code, provided that if such building or premises be occupied, the building official shall present his or her credentials to the occupant and request entry, If such building or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused the building official or the building official's authorized representa- tive, the building official shall have recourse to every remedy provided by law to secure entry. When the building official or the building official's authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or person having charge, care, or control of any building or premises shall fail or neglect, after proper request is made as here- in provided, to promptly permit entry therein by the building official or the building official's authorized representative for the purpose of inspection and examination pursuant to this Code. Sec. 105. Brazing and Welding. Brazing and welding shall conform to the appli- cable standards. All brazing on medical gas systems shall be performed by certi- fied installers meeting the requirements of the Plumbing Board. Sec. 106.1. Permits Required. It shall be unlawful for any person, firm, or corpo- ration to make any installation, alteration, repair, replacement, or remodel any plumbing system regulated by this Code except as permitted in Subsection (b) of this Section, or cause the same to be done without first obtaining a separate plumbing permit for each separate building or structure. Sec. 106.2. Exempt Work. A plumbing permit shall not be required for the fol- lowing: (1) The clearing of stoppages or repairing of leaks in drains, soil, waste, or vent pipes; provided, however, that should any concealed trap, drainpipe, soil, waste, or vent pipe be removed and replaced with new material, the same shall be considered as new work and a permit shall be procured and inspection made. (2) The clearing of stoppages or repairing of leaks in piping and/or valves when such repairs do not involve or require the replacement or rearrangement of piping and/or valves. (3) The replacement of inoperable, broken, or damaged fixtures, faucets, or tanks; provided, however, that replacement items meet the requirements of the Dubuque Plumbing Code. Sec. 106.6. Permit Fees. The fees for each permit shall be as set forth by the City Council. Sec. 106.6.1. Investigation Fees; Work without a Permit. (1) Investigation. Whenever any work for which a permit is required by this Code has been commenced without first obtaining said permit, a special inves- tigation shall be made before a permit may be issued for such work. (2) Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee that would be required by this Code if a permit were to be issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this Code nor from any penalty prescribed by law. 46 Sec. 106.6.3. Fee Refunds. (1) The building official may authorize the refunding of any fee paid hereun- der which was erroneously paid or collected. (2) The building official may authorize the refunding of not more than eighty (80) percent of the permit fee paid when no work has been done under a permit issued in accordance with this Code. (3) The building official may authorize the refunding of not more than eighty (80) percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan review effort has been expended. Sec. 107.1. Testing of Plumbing Work. (a) Inspections. (1) Scope. All new plumbing work and such portions of existing systems as may be affected by new work, or any changes, shall be inspected by the build- ing official or a duly authorized representative as required in this Code. (2) Responsibility. It shall be the duty of the holder of a permit to make sure that the work will stand the test prescribed before notifying the building official that said work is ready for inspection. (3) Test. Tests shall be conducted in the presence of the building official or a duly authorized representative. (4) Retesting. If the building official finds that the work will not pass the re- quired test, necessary corrections shall be made and the work shall then be re- submitted for test or inspection. (b) Testing. (1) Responsibility. The equipment, material, and labor necessary for inspec- tion or tests shall be furnished by the person to whom the permit is issued or by whom inspection is requested. (2) Media. The piping of the plumbing, drainage, and venting systems shall be tested with water or air. The building official may require the removal of any cleanouts, etc., to ascertain if the pressure has reached all parts of the system. After the plumbing fixtures have been set and their traps filled with water, they shall be submitted to a final test. (3) Water Test. The water test shall be applied to the drainage and vent sys- tem either in its entirety or in sections. If applied to the entire system, all open- ings in the piping system shall be tightly closed, except the highest opening, and the system filled with water to the point of overflow. If the system is tested in sections, each opening shall be tightly plugged except the highest opening of the section under test, and each section shall be filled with water, but no section shall be tested with less than a ten-foot (3m) head of water. In testing succes- sive sections, at least the upper ten (10) feet (3m) of the next preceding section shall be tested, so that no joint or pipe in the building (except the uppermost ten (10) feet (3m) of the system) shall have been submitted to a test of less than a ten-foot (3m) head of water. The water shall be kept in the system, or in the por- tion under test, for at least fifteen (15) minutes before inspection starts. The system shall then be tight at all points. (4) Air Test. The air test shall be made by attaching an air compressor testing apparatus to any suitable opening, and, after closing all other inlets and outlets to the system, forcing air into the system until there is a uniform gauge pressure 47 of five (5) pounds per square inch (34.5kPa) or sufficient to balance a column of mercury ten (10) inches (254mm) in height. The pressure shall be held without introduction of additional air for a period of at least fifteen (15) minutes. (5) Building Sewer Test. The building sewer shall be inspected and approved by the building official before being concealed. Neither the building official nor the City shall be liable for expense entailed in the removal or replacement of material required to permit inspection. (6) Water Piping. Upon completion of a section or of the entire hot and cold water supply system, it shall be tested and proved tight under a water pressure test not less than the working pressure under which it is to be used. The water used for test shall be obtained from a potable source of supply. A fifty (50) pounds per square inch (344.5kPa) air pressure may be substituted for the wa- ter test. In either method of test, the piping shall withstand the test without leak- ing for a period of not less than fifteen (15) minutes. (7) Defective Systems. An air test shall be used in testing the sanitary condi- tion of the drainage or plumbing system of any building premises when there is reason to believe that it has become defective. (8) Moved Structures. All parts of the plumbing systems of any building or structure that is moved into or within the jurisdictional limits of the City, shall be completely tested as prescribed elsewhere in this Section for new work, except that walls or floors need (9) Test Waived. No test or inspection shall be required where a plumbing system, or part thereof, is set up for exhibition purposes and has no connection with a water or drainage system. (10) Exceptions. In cases where it would be impractical to provide the afore- mentioned water or air tests, or for minor installations and repairs, the building official, at the building official's discretion, may make such inspection as the building official deems advisable in order to assure the building official that the work has been performed in accordance with the intent of this Code. (11) Tests for Shower Receptors. Shower receptors shall be tested for water tightness by filling with water to the level of the rough threshold. The test plug shall be so placed that both upper and under sides of the subpan shall be sub- jected to the test at the point where it is clamped to the drain. (12) Protectively coated pipe inspection and repair shall conform to Section 318.1 of IAMPMO Installation Standard IS 13, listed in Table A. Sec. 108.3. Prosecution of violation. If the notice of violation is not complied with promptly, the Building official shall request the City Attorney’s office to institute the ap- propriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Sec. 108.4. Violation and Penalties. 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 refer- ence shall be deemed a separate offense for each and every day or portion thereof dur- ing which any such unlawful act is committed, continued, or permitted and upon convic- tion shall be punishable as provided in Title 1, Chapter 4 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. 48 Sec. 108.7.1. Authority to Condemn Equipment. Whenever the building official ascer- tains that any plumbing, or portion thereof, regulated by this Code has become hazard- ous to life, health, property, or has become insanitary, the building official shall order in writing that such plumbing either be removed or restored to a safe or sanitary condition, as appropriate. The written notice itself shall fix a time limit for compliance with such or- der. No person shall use or maintain defective plumbing after receiving such notice. When such plumbing is to be disconnected, written notice as prescribed in Section 108.7.2 shall be given. In cases of immediate danger to life or property, such disconnec- tion may be made immediately without such notice. Sec. 108.7.2. Authority to Order Disconnection of Utilities. The building official or the building official's authorized representative shall have the authority to order disconnec- tion of any plumbing supplied to a building, structure, or equipment regulated by this Code when the building official determines that the equipment or any portion thereof has become hazardous or insanitary. Written notice of such order to disconnect service and the causes therefor shall be given within twenty-four (24) hours to the owner and occupant of such building, structure, or premises. However, in cases of immediate dan- ger to life or property, such disconnection may be made immediately without such no- tice. The building official shall immediately notify the serving utility in writing of such or- der to disconnect. Sec. 108.7.3. Connection from Order to Disconnect. No person shall make connec- tions from any energy, fuel, power supply, or water distribution system nor supply ener- gy, fuel, or water to any equipment regulated by this Code which has been disconnect- ed or ordered to be disconnected by the building official or the use of which has been ordered to be discontinued by the building official until the building official authorizes the reconnection and use of such equipment. When any plumbing is maintained in violation of this Code, and in violation of any no- tice issued pursuant to the provisions of this Section, the building official may consult with the City Attorney’s office to institute any appropriate action to prevent, restrain, cor- rect, or abate the violation. Sec. 109. Means of Appeal. 109.1. Board Created. There is hereby created a Plumbing Code Board. 109.2. Mission. The mission of the Plumbing Code Board shall be to determine the suitability of alternative materials and methods of installation; to provide for reasonable interpretations of the Plumbing Code; to serve as an appeal body for the decisions of the building official; to advise the City Council on all plumbing regulations and proce- dures; and to provide for examining applicants for master plumbers and journeyman plumbers licenses and issuing master plumber and journeyman plumbers licenses. 109.3. Internal Organization and Rules. The Board may adopt rules and regulations to govern its organizational procedures as may be necessary and which are not in con- flict with City or State Code. 109.4. Procedures for Operation. All administrative, personnel, accounting, budget- ary, and procurement policies of the City shall govern the Board in all its operations. 109.5. Membership. 1. The Plumbing Code Board shall consist of five (5) residents of the City of Dubuque, appointed by the City Council. 2. Special Qualifications. a. One (1) member shall hold a license as a journeyman plumber of at least five (5) years experience; 49 b. Two (2) members shall be master plumbers who have engaged in the plumbing business as master plumbers for at least five (5) years in this City; c. One (1) member shall hold a bachelor of science degree in the area of physical sciences; and, d. One (1) member shall represent the public at-large. 109.6. Terms. The term of office for members of the Plumbing Code Board shall be three (3) years. All officers shall be eligible to serve successive terms of office. 109.7. Vacancies. Vacancies caused by death, resignation, or otherwise shall be promptly filled by the City Council for the unexpired term of office. 109.8. Officers/Organization. The Board shall choose annually, from its own mem- bership, a chairperson and vice chairperson, each to serve a term of one (1) year. The building official, or the building official’s designee, shall be secretary of the Board. The Board shall fill vacancies among its officers for the remainder of the unexpired term. 109.9. Meetings. 1. Regular Meetings. The Plumbing Code Board shall meet once every three (3) months. 2. Special Meetings. Special meetings may be called by the chairperson or at the written request of three (3) members by giving at least twenty-four (24) hours no- tice to every other member of the Commission. The call for a special meeting shall include an agenda and only matters included in that agenda may be acted on at the meeting. 3. Open Meetings. All meetings shall be called and held in conformance with the Iowa Open Meetings Law. 4. Attendance. a. In the event a member of the Plumbing Code Board, created by this Chapter, has been absent for three (3) or more consecutive meetings of the Board, without being excused by the chairperson, it shall be grounds for the Board to recommend to the City Council that the position be de- clared vacant and a replacement appointed. b. Attendance shall be entered upon the minutes of all meetings. 5. Minutes. A copy of the minutes of all regular and special meetings of the Board shall be filed with the City Council within ten (10) working days after each meet- ing. 6. Quorum. Three (3) members of the Board shall constitute a quorum for the transaction of business. The affirmative vote of at least three (3) members shall be necessary for the adoption of any resolution. 109.10. Compensation. The members of the Plumbing Code Board created by this Chapter shall serve without compensation, provided that they may receive reimburse- ment for necessary travel and other expenses while on official Board business and such shall be within the limits established in the City budget. 109.11. Removal. The City Council may remove any member of any board or com- mission which it has established. 109.12. Powers. The Plumbing Code Board shall have the following powers, duties, and responsibilities: 1. To determine the suitability of alternate materials and methods of installation. 2. To provide for reasonable interpretations of the Plumbing Code. 3. To serve as an appeal body for the decisions of the building official. 50 4. To advise the City Council on all plumbing regulations and procedures. 109.13. 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 Plumbing Code, may appeal from such decision to the Plumbing 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 ap- peal to the building official at the building official's office within seven (7) days of receipt of decision from which the appeal is taken. The Plumbing Code Board sitting as an ap- peal board shall meet within seven (7) days after receiving such notice and render a de- cision within five (5) 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 incorrectly interpreted a provision of this Code; b. The decision of the building official creates an unnecessary hardship upon the appellant. In so modifying or reversing such decision of the building official, the board of ap- peals may authorize any alternate to the decision of the building official and the provi- sions of the Plumbing Code, provided it finds the proposed material or method of con- struction 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, du- rability, safety, and sanitation. The board of appeals shall require that sufficient evidence or proof be submitted to substantiate any claims made regarding the use of alternates. SECTION 202 GENERAL DEFINITIONS ACCEPTED ENGINEERING PRACTICE. That which conforms to accepted princi- ples, tests or standards of nationally recognized technical or scientific authorities. ACCESS (TO). That which enables a fixture, appliance or equipment to be reached by ready access or by a means that first requires the removal or movement of a panel, door or similar obstruction (see "Ready access"). ACCESS COVER. A removable plate, usually secured by bolts or screws, to permit access to a pipe or pipe fitting for the purposes of inspection, repair or cleaning. ADAPTER FITTING. An approved connecting device that suitably and properly joins or adjusts pipes and fittings which do not otherwise fit together. AIR ADMITTANCE VALVE. One-way valve designed to allow air to enter the plumb- ing drainage system when negative pressures develop in the piping system. The device shall close by gravity and seal the vent terminal at zero differential pressure (no flow conditions) and under positive internal pressures. The purpose of an air admittance valve is to provide a method of allowing air to enter the plumbing drainage system with- out the use of a vent extended to open air and to prevent sewer gases from escaping into a building. AIR BREAK (Drainage System). A piping arrangement in which a drain from a fixture, appliance or device discharges indirectly into another fixture, receptacle or interceptor at 51 a point below the flood level rim and above the trap seal. AIR GAP (Drainage System). The unobstructed vertical distance through the free at- mosphere between the outlet of the waste pipe and the flood level rim of the receptacle into which the waste pipe is discharging. AIR GAP (Water Distribution System). The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture or other device and the flood level rim of the receptacle. ALTERNATIVE ENGINEERED DESIGN. A plumbing system that performs in ac- cordance with the intent of Chapters 3 through 12 and provides an equivalent level of performance for the protection of public health, safety and welfare. The system design is not specifically regulated by Chapters 3 through 12. ANCHORS. See "Supports." ANTISIPHON. A term applied to valves or mechanical devices that eliminate siphon- age. APPROVED. Acceptable to the code official or other authority having jurisdiction. APPROVED AGENCY. An established and recognized agency approved by the code official and that is regularly engaged in conducting tests or furnishing inspection ser- vices. APPROVED QUALIFIED WELTER. A person who specializes in welding of pipes and holds a valid certificate of competency from a recognized testing laboratory, based on the requirements of the A.S.M.E. boiler and pressure vessels code, section IX or as approved by the administrative authority's testing procedures. AREA DRAIN. A receptacle designed to collect surface or storm water from an open area. ASPIRATOR. A fitting or device supplied with water or other fluid under positive pressure that passes through an integral orifice or constriction, causing a vacuum. Aspi- rators are also referred to as suction apparatus, and are similar in operation to an ejec- tor. BACKFLOW. Pressure created by any means in the water distribution system, which by being in excess of the pressure in the water supply mains causes a potential back- flow condition. Backpressure, low head. A pressure less than or equal to 4.33 psi (29.88 kPa) or the pressure exerted by a 10-foot (3048 mm) column of water. Backsiphonage. The backflow of potentially contaminated water into the potable water system as a result of the pressure in the potable water system falling below atmospheric pressure of the plumbing fixtures, pools, tanks or vats connected to the potable water distribution piping. Backwater valve. A device or valve installed in the building drain or sewer pipe where a sewer is subject to backflow, and which prevents drainage or waste from backing up into a low level or fixtures and causing a flooding condition. Drainage. A reversal of flow in the drainage system. Water supply system. The flow of water or other liquids, mixtures or substances into the distribution pipes of a potable water supply from any source except the intended source. BACKFLOW CONNECTION. Any arrangement whereby backflow is possible. BACKFLOW PREVENTER. A device or means to prevent backflow. BALL COCK. See "Fill valve." BASE FLOOD ELEVATION. A reference point, determined in accordance with the 52 building code, based on the depth or peak elevation of flooding, including wave height, which has a 1 percent (100-year flood) or greater chance of occurring in any given year. BATHROOM GROUP. A group of fixtures consisting of a water closet, lavatory, bath- tub or shower, including or excluding a bidet, an emergency floor drain or both. Such fixtures are located together on the same floor level. BEDPAN STEAMER OR BOILER. A fixture utilized for scalding bedpans or urinals by direct application of steam or boiling water. BEDPAN WASHER AND STERILIZER. A fixture designed to wash bedpans and to flush the contents into the sanitary drainage system. Included are fixtures of this type that provide for disinfecting utensils by scalding with steam or hot water. BEDPAN WASHER HOSE. A device supplied with hot and cold water and located adjacent to a water closet or clinical sink to be utilized for cleansing bedpans. BRANCH. Any part of the piping system except a riser, main or stack. BRANCH INTERVAL. A vertical measurement of distance, 8 feet (2438 mm) or more in developed length, between the connections of horizontal branches to a drainage stack. Measurements are taken down the stack from the highest horizontal branch con- nection. BRANCH VENT. A vent connecting one or more individual vents with a vent stack or stack vent. BUILDING. Any structure occupied or intended for supporting or sheltering any occu- pancy. BUILDING DRAIN. That part of the lowest piping of a drainage system that receives the discharge from soil, waste and other drainage pipes inside and that extends 30 inches (762 mm) in developed length of pipe beyond the exterior walls of the building and conveys the drainage to the building sewer. Combined. A building drain that conveys both sewage and storm water or other drainage. Sanitary. A building drain that conveys sewage only. Storm. A building drain that conveys storm water or other drainage, but not sew- age. BUILDING SEWER. That part of the drainage system that extends from the end of the building drain and conveys the discharge to a public sewer, private sewer, individual sewage disposal system or other point of disposal. Combined. A building sewer that conveys both sewage and storm water or other drainage. Sanitary. A building sewer that conveys sewage only. Storm. A building sewer that conveys storm water or other drainage, but not sewage. BUILDING SUBDRAIN. That portion of a drainage system that does not drain by gravity into the building sewer. BUILDING TRAP. A device, fitting or assembly of fittings installed in the building drain to prevent circulation of air between the drainage system of the building and the building sewer. CIRCUIT VENT. A vent that connects to a horizontal drainage branch and vents two traps to a maximum of eight traps or trapped fixtures connected into a battery. CISTERN. A small covered tank for storing water for a home or farm. Generally, this tank stores rainwater to be utilized for purposes other than in the potable water supply, and such tank is placed underground in most cases. 53 CLEANOUT. An access opening in the drainage system utilized for the removal of obstructions. Types of cleanouts include a removable plug or cap, and a removable fix- ture or fixture trap. CODE. These regulations, subsequent amendments thereto, or any emergency rule or regulation that the administrative authority having jurisdiction has lawfully adopted. CODE OFFICIAL. The officer or other designated authority charged with the admin- istration and enforcement of this code, or a duly authorized representative. COMBINATION FIXTURE. A fixture combining one sink and laundry tray or a two- or three-compartment sink or laundry tray in one unit. COMBINATION WASTE AND VENT SYSTEM. A specially designed system of waste piping embodying the horizontal wet venting of one or more sinks or floor drains by means of a common waste and vent pipe adequately sized to provide free movement of air above the flow line of the drain. COMBINED BUILDING DRAIN. See "Building drain, combined." COMBINED BUILDING SEWER. See "Building sewer, combined." COMMON VENT. A vent connecting at the junction of two fixture drains or to a fixture branch and serving as a vent for both fixtures. CONCEALED FOULING SURFACE. Any surface of a plumbing fixture which is not readily visible and is not scoured or cleansed with each fixture operation. CONDUCTOR. A pipe inside the building that conveys storm water from the roof to a storm or combined building drain. CONSTRUCTION DOCUMENTS. All of the written, graphic and pictorial documents prepared or assembled for describing the design, location and physical characteristics of the elements of the project necessary for obtaining a building permit. The construc- tion drawings shall be drawn to an appropriate scale. CONTAMINATION. An impairment of the quality of the potable water that creates an actual hazard to the public health through poisoning or through the spread of disease by sewage, industrial fluids or waste. CRITICAL LEVEL (C-L). An elevation (height) reference point that determines the minimum height at which a backflow preventer or vacuum breaker is installed above the flood level rim of the fixture or receptor served by the device. The critical level is the el- evation level below which there is a potential for backflow to occur. If the critical level marking is not indicated on the device, the bottom of the device shall constitute the criti- cal level. CROSS CONNECTION. Any physical connection or arrangement between two oth- erwise separate piping systems, one of which contains potable water and the other ei- ther water of unknown or questionable safety or steam, gas or chemical, whereby there exists the possibility for flow from one system to the other, with the direction of flow de- pending on the pressure differential between the two systems (see "Backflow"). DEAD END. A branch leading from a soil, waste or vent pipe; a building drain; or a building sewer, and terminating at a developed length of 2 feet (610 mm) or more by means of a plug, cap or other closed fitting. DEPTH OF WATER SEAL. The depth of water that would have to be removed from a full trap before air could pass through the trap. DESIGN FLOOD ELEVATION. The elevation of the "design flood," including wave height, relative to the datum specified on the community's legally designated flood haz- ard map. DEVELOPED LENGTH. The length of a pipeline measured along the centerline of 54 the pipe and fittings. DISCHARGE PIPE. A pipe that conveys the discharges from plumbing fixtures or ap- pliances. DRAIN. Any pipe that carries wastewater or water-borne wastes in a building drain- age system. DRAINAGE FITTINGS. Type of fitting or fittings utilized in the drainage system. Drainage fittings are similar to cast-iron fittings, except that instead of having a bell and spigot, drainage fittings are recessed and tapped to eliminate ridges on the inside of the installed pipe. DRAINAGE FIXTURE UNIT Drainage (dfu). A measure of the probable discharge into the drainage system by various types of plumbing fixtures. The drainage fixture-unit value for a particular fixture depends on its volume rate of drainage discharge, on the time duration of a single drainage operation and on the average time between successive opera- tions. DRAINAGE SYSTEM. Piping within a public or private premise that conveys sewage, rainwater or other liquid wastes to a point of disposal. A drainage system does not in- clude the mains of a public sewer system or a private or public sewage treatment or disposal plant. Building gravity. A drainage system that drains by gravity into the building sewer. Sanitary. A drainage system that carries sewage and excludes storm, surface and ground water. Storm. A drainage system that carries rainwater, surface water, subsurface water and similar liquid wastes. EFFECTIVE OPENING. The minimum cross-sectional area at the point of water sup- ply discharge, measured or expressed in terms of the diameter of a circle or, if the opening is not circular, the diameter of a circle of equivalent cross-sectional area. For faucets and similar fittings, the effective opening shall be measured at the smallest ori- fice in the fitting body or in the supply piping to the fitting. EMERGENCY FLOOR DRAIN. A floor drain that does not receive the discharge of any drain or indirect waste pipe, and that protects against damage from accidental spills, fixture overflows and leakage. ESSENTIALLY NONTOXIC TRANSFER FLUIDS. Fluids having a Gosselin rating of 1, including propylene glycol; mineral oil; polydimethylsiloxane; hydrochlorofluoro- carbon, chlorofluorocarbon and carbon refrigerants; and FDA-approved boiler water ad- ditives for steam boilers. ESSENTIALLY TOXIC TRANSFER FLUIDS. Soil, waste or gray water and fluids having a Gosselin rating of 2 or more including ethylene glycol, hydrocarbon oils, am- monia refrigerants and hydrazine. EXISTING INSTALLATIONS. Any plumbing system regulated by this code that was legally installed prior to the effective date of this code, or for which a permit to install has been issued. FAUCET. A valve end of a water pipe through which water is drawn from or held within the pipe. FILL VALVE. A water supply valve, opened or closed by means of a float or similar device, utilized to supply water to a tank. An antisiphon fill valve contains an antisiphon device in the form of an approved air gap or vacuum breaker that is an integral part of the fill valve unit and that is positioned on the discharge side of the water supply control 55 valve. FIXTURE. See "Plumbing fixture." FIXTURE BRANCH. A drain serving two or more fixtures that discharges to another drain or to a stack. FIXTURE DRAIN. The drain from the trap of a fixture to a junction with any other drain pipe. FIXTURE FITTING Supply fitting. A fitting that controls the volume and/or directional flow of water and is either attached to or accessible from a fixture, or is used with an open or atmospheric discharge. Waste fitting. A combination of components that conveys the sanitary waste from the outlet of a fixture to the connection to the sanitary drainage system. FIXTURE SUPPLY. The water supply pipe connecting a fixture to a branch water supply pipe or directly to a main water supply pipe. FLOOD LEVEL RIM. The edge of the receptacle from which water overflows. FLOOD HAZARD AREA. The greater of the following two areas: 1. The area within a flood plain subject to a 1-percent or greater chance of flood- ing in any given year. 2. The area designated as a flood hazard area on a community's flood hazard map or as otherwise legally designated. FLOW CONTROL (Vented). A device installed upstream from the interceptor having an orifice that controls the rate of flow through the interceptor and an air intake (vent) downstream from the orifice that allows air to be drawn into the flow stream. FLOW PRESSURE. The pressure in the water supply pipe near the faucet or water outlet while the faucet or water outlet is wide open and flowing. FLUSH TANK. A tank designed with a fill valve and flush valve to flush the contents of the bowl or usable portion of the fixture. FLUSHOMETER TANK. A device integrated within an air accumulator vessel that is designed to discharge a predetermined quantity of water to fixtures for flushing purpos- es. FLUSHOMETER VALVE. A valve attached to a pressurized water supply pipe and so designed that when activated it opens the line for direct flow into the fixture at a rate and quantity to operate the fixture properly, and then gradually closes to reseal fixture traps and avoid water hammer. GREASE INTERCEPTOR. A plumbing appurtenance that is installed in a sanitary drainage system to intercept oily and greasy wastes from a wastewater discharge. Such device has the ability to intercept free-floating fats and oils. GREASE LADEN WASTE. Effluent discharge that is produced from food processing, food preparation or other sources where grease, fats and oils enter automatic dishwater prerinse stations, sinks or other appurtenances. GREASE REMOVAL DEVICE, AUTOMATIC (GRD). A plumbing appurtenance that is installed in the sanitary drainage system to intercept free-floating fats, oils and grease from wastewater discharge. Such a device operates on a time- or event-controlled basis and has the ability to remove free-floating fats, oils and grease automatically without in- tervention from the user except for maintenance. GRIDDED WATER DISTRIBUTION SYSTEM. A water distribution system where every water distribution pipe is interconnected so as to provide two or more paths to each fixture supply pipe. 56 HANGERS. See "Supports." HORIZONTAL BRANCH DRAIN. A drainage branch pipe extending laterally from a soil or waste stack or building drain, with or without vertical sections or branches, that receives the discharge from two or more fixture drains or branches and conducts the discharge to the soil or waste stack or to the building drain. HORIZONTAL PIPE. Any pipe or fitting that makes an angle of less than 45 degrees (0.79 rad) with the horizontal. HOT WATER. Water at a temperature greater than or equal to 110°F (43°C). HOUSE TRAP. See "Building trap." INDIRECT WASTE PIPE. A waste pipe that does not connect directly with the drain- age system, but that discharges into the drainage system through an air break or air gap into a trap, fixture, receptor or interceptor. INDIVIDUAL SEWAGE DISPOSAL SYSTEM. A system for disposal of domestic sewage by means of a septic tank, cesspool or mechanical treatment, designed for utili- zation apart from a public sewer to serve a single establishment or building. INDIVIDUAL VENT. A pipe installed to vent a fixture trap and connects with the vent system above the fixture served or terminates in the open air. INDIVIDUAL WATER SUPPLY. A water supply that serves one or more families, and that is not an approved public water supply. INTERCEPTOR. A device designed and installed to separate and retain for removal, by automatic or manual means, deleterious, hazardous or undesirable matter from nor- mal wastes, while permitting normal sewage or wastes to discharge into the drainage system by gravity. JOINT Expansion. A loop, return bend or return offset that provides for the expansion and contraction in a piping system and is utilized in tall buildings or where there is a rapid change of temperature, as in power plants, steam rooms and similar occu- pancies. Flexible. Any joint between two pipes that permits one pipe to be deflected or moved without movement or deflection of the other pipe. Mechanical. See "Mechanical joint." Slip. A type of joint made by means of a washer or a special type of packing compound in which one pipe is slipped into the end of an adjacent pipe. LEAD-FREE PIPE AND FITTINGS. Containing not more than 8.0-percent lead. LEAD-FREE SOLDER AND FLUX. Containing not more than 0.2-percent lead. LEADER. An exterior drainage pipe for conveying storm water from roof or gutter drains to an approved means of disposal. LOCAL VENT STACK. A vertical pipe to which connections are made from the fixture side of traps and through which vapor or foul air is removed from the fixture or device utilized on bedpan washers. MACERATING TOILET SYSTEMS. An assembly consisting of a water closet and sump with a macerating pump that is designed to collect, grind and pump wastes from the water closet and up to two other fixtures connected to the sump. MAIN. The principal pipe artery to which branches are connected. MANIFOLD. See "Plumbing appurtenance." MECHANICAL JOINT. A connection between pipes, fittings, or pipes and fittings that is not screwed, caulked, threaded, soldered, solvent cemented, brazed or welded. A joint in which compression is applied along the centerline of the pieces being joined. In 57 some applications, the joint is part of a coupling, fitting or adapter. MEDICAL GAS SYSTEM. The complete system to convey medical gases for direct patient application from central supply systems (bulk tanks, manifolds and medical air compressors), with pressure and operating controls, alarm warning systems, related components and piping networks extending to station outlet valves at patient use points. MEDICAL VACUUM SYSTEMS. A system consisting of central-vacuum-producing equipment with pressure and operating controls, shutoff valves, alarm-warning systems, gauges and a network of piping extending to and terminating with suitable station inlets at locations where patient suction may be required. NONPOTABLE WATER. Water not safe for drinking, personal or culinary utilization. NUISANCE. Public nuisance as known in common law or in equity jurisprudence; whatever is dangerous to human life or detrimental to health; whatever structure or premises is not sufficiently ventilated, sewered, drained, cleaned or lighted, with respect to its intended occupancy; and whatever renders the air, or human food, drink or water supply unwholesome. OCCUPANCY. The purpose for which a building or portion thereof is utilized or occu- pied. OFFSET. A combination of approved bends that makes two changes in direction bringing one section of the pipe out of line but into a line parallel with the other section. OPEN AIR. Outside the structure. PIPE WELDER. A person who specializes in welding of pipes and holds a valid certif- icate of competency from a recognized testing laboratory, based on the requirements of the A.S.M.E. boiler and pressure vessels code, section IX or as approved by the admin- istrative authority's testing procedures. PLUMBING. The practice, materials and fixtures utilized in the installation, mainte- nance, extension and alteration of all piping, fixtures, plumbing appliances and plumbing appurtenances, within or adjacent to any structure, in connection with sanitary drainage or storm drainage facilities; venting systems; and public or private water supply sys- tems. PLUMBING APPLIANCE. Anyone of a special class of plumbing fixtures intended to perform a special function. Included are fixtures having the operation or control depend- ent on one or more energized components, such as motors, controls, heating elements, or pressure- or temperature-sensing elements. Such fixtures are manually adjusted or controlled by the owner or operator, or are operated automatically through one or more of the following actions: a time cycle, a temperature range, a pressure range, a meas- ured volume or weight. PLUMBING APPURTENANCE. A manufactured device, prefabricated assembly or an on-the-job assembly of component parts that is an adjunct to the basic piping system and plumbing fixtures. An appurtenance demands no additional water supply and does not add any discharge load to a fixture or to the drainage system. PLUMBING FIXTURE. A receptacle or device that is either permanently or temporari- ly connected to the water distribution system of the premises and demands a supply of water therefrom; discharges wastewater, liquid-borne waste materials or sewage either directly or indirectly to the drainage system of the premises; or requires both a water supply connection and a discharge to the drainage system of the premises. PLUMBING SYSTEM. Includes the water supply and distribution pipes; plumbing fix- tures and traps; water-treating or water-using equipment; soil, waste and vent pipes; and sanitary and storm sewers and building drains; in addition to their respective con- 58 nections, devices and appurtenances within a structure or premises. POLLUTION. An impairment of the quality of the potable water to a degree that does not create a hazard to the public health but that does adversely and unreasonably affect the aesthetic qualities of such potable water for domestic use. POTABLE WATER. Water free from impurities present in amounts sufficient to cause disease or harmful physiological effects and conforming to the bacteriological and chemical quality requirements of the Public Health Service Drinking Water Standards or the regulations of the public health authority having jurisdiction. PRIVATE. In the classification of plumbing fixtures, "private" applies to fixtures in res- idences and apartments, and to fixtures in nonpublic toilet rooms of hotels and motels and similar installations in buildings where the plumbing fixtures are intended for utiliza- tion by a family or an individual. PUBLIC OR PUBLIC UTILIZATION. In the classification of plumbing fixtures, "public" applies to fixtures in general toilet rooms of schools, gymnasiums, hotels, airports, bus and railroad stations, public buildings, bars, public comfort stations, office buildings, stadiums, stores, restaurants and other installations where a number of fixtures are in- stalled so that their utilization is similarly unrestricted. PUBLIC WATER MAIN. A water supply pipe for public utilization controlled by public authority. QUICK-CLOSING VALVE. A valve or faucet that closes automatically when released manually or that is controlled by a mechanical means for fast-action closing. READY ACCESS. That which enables a fixture, appliance or equipment to be directly reached without requiring the removal or movement of any panel, door or similar ob- struction and without the use of a portable ladder, step stool or similar device. REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTER. A backflow preven- tion device consisting of two independently acting check valves, internally force-loaded to a normally closed position and separated by an intermediate chamber (or zone) in which there is an automatic relief means of venting to the atmosphere, internally loaded to a normally open position between two tightly closing shutoff valves and with a means for testing for tightness of the checks and opening of the relief means. REGISTERED DESIGN PROFESSIONAL. An individual who is registered or li- censed to practice professional architecture or engineering as defined by the statutory requirements of the professional registration laws of the state or jurisdiction in which the project is to be constructed. RELIEF VALVE Pressure relief valve. A pressure-actuated valve held closed by a spring or other means and designed to relieve pressure automatically at the pressure at which such valve is set. Temperature and pressure relief (T&P) valve. A combination relief valve de- signed to function as both a temperature relief and a pressure relief valve. Temperature relief valve. A temperature-actuated valve designed to discharge automatically at the temperature at which such valve is set. RELIEF VENT. A vent whose primary function is to provide circulation of air between drainage and vent systems. RIM. An unobstructed open edge of a fixture. RISER. See "Water pipe, riser." ROOF DRAIN. A drain installed to receive water collecting on the surface of a roof and to discharge such water into a leader or a conductor. 59 ROUGH-IN. Parts of the plumbing system that are installed prior to the installation of fixtures. This includes drainage, water supply, vent piping and the necessary fixture supports and any fixtures that are built into the structure. SELF-CLOSING FAUCET. A faucet containing a valve that automatically closes upon deactivation of the opening means. SEPARATOR. See "Interceptor." SEWAGE. Any liquid waste containing animal or vegetable matter in suspension or solution, including liquids containing chemicals in solution. SEWAGE EJECTORS. A device for lifting sewage by entraining the sewage in a high-velocity jet of steam, air or water. SEWER Building sewer. See "Building sewer." Public sewer. A common sewer directly controlled by public authority. Sanitary sewer. A sewer that carries sewage and excludes storm, surface and ground water. Storm sewer. A sewer that conveys rainwater, surface water, subsurface water and similar liquid wastes. SLOPE. The fall (pitch) of a line of pipe in reference to a horizontal plane. In drain- age, the slope is expressed as the fall in units vertical per units horizontal (percent) for a length of pipe. SOIL PIPE. A pipe that conveys sewage containing fecal matter to the building drain or building sewer. SPILLPROOF VACUUM BREAKER. An assembly consisting of one check valve force-loaded closed and an air-inlet vent valve force-loaded open to atmosphere, posi- tioned downstream of the check valve, and located between and including two tightly closing shutoff valves and a test cock. STACK. A general term for any vertical line of soil, waste, vent or inside conductor piping that extends through at least one story with or without offsets. STACK VENT. The extension of a soil or waste stack above the highest horizontal drain connected to the stack. STACK VENTING. A method of venting a fixture or fixtures through the soil or waste stack. STERILIZER Boiling type. A boiling-type sterilizer is a fixture of a nonpressure type utilized for boiling instruments, utensils or other equipment for disinfection. These devices are portable or are connected to the plumbing system. Instrument. A device for the sterilization of various instruments. Pressure ( autoclave). A pressure vessel fixture designed to utilize steam under pressure for sterilizing. Pressure instrument washer sterilizer. A pressure instrument washer sterilizer is a pressure vessel fixture designed to both wash and sterilize instruments during the operating cycle of the fixture. Utensil. A device for the sterilization of utensils as utilized in health care services. Water. A water sterilizer is a device for sterilizing water and storing sterile water. STERILIZER VENT. A separate pipe or stack, indirectly connected to the building drainage system at the lower terminal, that receives the vapors from nonpressure steri- lizers, or the exhaust vapors from pressure sterilizers, and conducts the vapors directly to the open air. Also called vapor, steam, atmospheric or exhaust vent. 60 STORM DRAIN. See "Drainage system, storm." STRUCTURE. That which is built or constructed or a portion thereof. SUBSOIL DRAIN. A drain that collects subsurface water or seepage water and con- veys such water to a place of disposal. SUMP. A tank or pit that receives sewage or liquid waste, located below the normal grade of the gravity system and that must be emptied by mechanical means. SUMP PUMP. An automatic water pump powered by an electric motor for the remov- al of drainage, except raw sewage, from a sump, pit or low point. SUMP VENT. A vent from pneumatic sewage ejectors, or similar equipment, that terminates separately to the open air. SUPPORTS. Devices for supporting and securing pipe, fixtures and equipment. SWIMMING POOL. Any structure, basin, chamber or tank containing an artificial body of water for swimming, diving or recreational bathing having a depth of 2 feet (610 mm) or more at any point. TEMPERED WATER. Water having a temperature range between 85°F (29°C) and 110°F (43°C). THIRD-PARTY CERTIFICATION AGENCY. An approved agency operating a product or material certification system that incorporates initial product testing, assessment and surveillance of a manufacturer's quality control system. THIRD-PARTY CERTIFIED. Certification obtained by the manufacturer indicating that the function and performance characteristics of a product or material have been de- termined by testing and ongoing surveillance by an approved third-party certification agency. Assertion of certification is in the form of identification in accordance with the requirements of the third-party certification agency. THIRD-PARTY TESTED. Procedure by which an approved testing laboratory pro- vides documentation that a product, material or system conforms to specified require- ments. TRAP. A fitting or device that provides a liquid seal to prevent the emission of sewer gases without materially affecting the flow of sewage or wastewater through the trap. TRAP SEAL. The vertical distance between the weir and the top of the dip of the trap. UNSTABLE GROUND. Earth that does not provide a uniform bearing for the barrel of the sewer pipe between the joints at the bottom of the pipe trench. VACUUM. Any pressure less than that exerted by the atmosphere. VACUUM BREAKER. A type of backflow preventer installed on openings subject to normal atmospheric pressure that prevents backflow by admitting atmospheric pressure through ports to the discharge side of the device. VENT PIPE. See "Vent system." VENT STACK. A vertical vent pipe installed primarily for the purpose of providing cir- culation of air to and from any part of the drainage system. VENT SYSTEM. A pipe or pipes installed to provide a flow of air to or from a drain- age system, or to provide a circulation of air within such system to protect trap seals from siphonage and backpressure. VERTICAL PIPE. Any pipe or fitting that makes an angle of 45 degrees (0.79 rad) or more with the horizontal. WALL-HUNG WATER CLOSET. A wall-mounted water closet installed in such a way that the fixture does not touch the floor. WASTE. The discharge from any fixture, appliance, area or appurtenance that does not contain fecal matter. 61 WASTE PIPE. A pipe that conveys only waste. WATER-HAMMER ARRESTOR. A device utilized to absorb the pressure surge (wa- ter hammer) that occurs when water flow is suddenly stopped in a water supply system. WATER HEATER. Any heating appliance or equipment that heats potable water and supplies such water to the potable hot water distribution system. WATER MAIN. A water supply pipe or system of pipes, installed and maintained by a city, township, county, public utility company or other public entity, on public property, in the street or in an approved dedicated easement of public or community use. WATER OUTLET. A discharge opening through which water is supplied to a fixture, into the atmosphere (except into an open tank that is part of the water supply system), to a boiler or heating system, or to any devices or equipment requiring water to operate but which are not part of the plumbing system. WATER PIPE Riser. A water supply pipe that extends one full story or more to convey water to branches or to a group of fixtures. Water distribution pipe. A pipe within the structure or on the premises that conveys water from the water service pipe, or from the meter when the meter is at the struc- ture, to the points of utilization. Water service pipe. The pipe from the water main or other source of potable water supply, or from the meter when the meter is at the public right of way, to the water distribution system of the building served. WATER SUPPLY SYSTEM. The water service pipe, water distribution pipes, and the necessary connecting pipes, fittings, control valves and all appurtenances in or adjacent to the structure or premises. WELL Bored. A well constructed by boring a hole in the ground with an auger and in- stalling a casing. Drilled. A well constructed by making a hole in the ground with a drilling machine of any type and installing casing and screen. Driven. A well constructed by driving a pipe in the ground. The drive pipe is usually fitted with a well point and screen. Dug. A well constructed by excavating a large-diameter shaft and installing a cas- ing. WHIRLPOOL BATHTUB. A plumbing appliance consisting of a bathtub fixture that is equipped and fitted with a circulating piping system designed to accept, circulate and discharge bathtub water upon each use. YOKE VENT. A pipe connecting upward from a soil or waste stack to a vent stack for the purpose of preventing pressure changes in the stacks. Sec. 605. Use of Copper Tubing. (a) Copper tube for underground drainage and vent piping shall be tempered cop- per tube type L or type K. (b) Copper tube for aboveground drainage and vent piping shall be type L or type K. (c) Copper tube shall not be used for chemical or industrial wastes as defined in Section 605 of this Code. (d) Copper tube for building supply piping shall be type K to the point of entrance to a building or structure. Water distribution pipe within a building or structure shall be type L or type K. 62 Type M copper tube may be used in detached one- and two-family dwellings within the structure only when piping is aboveground or floor slab. (e) In addition to the required incised marking, all hand drawn copper tubing shall be marked by means of a continuous and indelibly colored stripe at least one-quarter inch (6.4 mm) in width as follows: type K, green; type L, blue; type M, red; type DVW, yellow. (f) Listed flexible water connectors shall be installed in exposed locations. Sec. 605.3. Materials. (a) Building supply water piping to the point of entrance to the building shall be made of copper tube type K, or cast-iron water pipe. (b) Water distributing piping shall be of brass pipe, copper tube type L or type K, copper pipe, galvanized wrought iron pipe, galvanized open-hearth pipe, galvanized steel pipe. Plastic piping for potable water distribution is prohibited unless approval is given by the Plumbing Board or the administrative authority. Type M copper tube may be used in one- and two-family dwellings within the structure only when piping is aboveground or floor slab. (c) All materials used in the water supply system, except valves and similar devic- es shall be of a like material, except where otherwise specifically approved by the building official. (d) Cast-iron fittings up to and including two (2) inches (50.8mm) in size, when used in potable water piping, shall be galvanized. (e) All malleable iron water fittings shall be galvanized. (f) Solder shall conform to the requirements of Sec. 802(d). Sec. 609. Cooling Water. The discharge of water used exclusively as a cooling medium in an appliance, de- vice, or apparatus to any sanitary sewer is specifically prohibited. Exception: Clean running water used exclusively as a cooling medium in an appli- ance, device or apparatus may discharge into the drainage system if the same comes from equipment so designed that the total rate of discharge from the premises served on such sewer cannot exceed five (5) gallons per minute. Sec. 701.5. Damage to Drainage System or Public Sewer. Roofs, inner courts, vent shafts, light wells or similar areas having rain water drain, shall discharge to the outside of the building, to the gutter, or to a storm drainage sys- tem. The installation of sump pumps, sump pump connections, or gravity connections which discharge or cause to be discharged, any storm water, surface water, ground- water, roof runoff, subsurface drainage, interior and exterior foundation drains, or floor drains used for collecting storm water to any sanitary sewer is specifically pro- hibited. (a) It shall be unlawful for any person to deposit, by any means whatsoever, into any plumbing fixture, floor drain, interceptor, sump, receptacle, or device which is connected to any drainage system, public sewer, or private sewer, any ashes, cin- ders, solids, rags, flammable, poisonous, or explosive liquids or gases, oils, grease, and any other thing whatsoever which would or could cause damage to the public sewer or private sewer. (b) No storm water, surface water, ground water, roof runoff, subsurface drain- age, interior or exterior foundation drains or floor drains used for collecting storm 63 water shall be connected to or discharged into any drainage system connected to a public or private sanitary sewer. (c) No septic tank, seepage pit, or drainfield shall be connected to any public sewer or to any building sewer leading to such public sewer. (d) No commercial food waste grinder shall be connected to a private sewage disposal system unless permission has first been obtained from the administrative authority. (e) An approved type watertight sewage or waste water holding tank, the con- tents of which, due to their character, must be periodically removed and disposed of at some approved offsite location, shall be installed only when required by the Administrative Authority or the Health Officer to prevent anticipated surface or subsurface contamination or pollution, damage to the public sewer, or other haz- ardous or nuisance condition. Sec. 702. Building Sewer Materials. (a) The building sewer, beginning 2' from any building or structure shall be of such materials as approved by the administrative authority. (b) Joining methods and materials shall be as prescribed in Chapter 7 of this Code. Sec. 702.1. Drainage piping aboveground within buildings shall be of brass pipe, copper tube Type L or Type K, cast-iron soil pipe, galvanized steel pipe, lead pipe, ABS or PVC-DVW Schedule 40 plastic pipe, except that: (1) No galvanized wrought iron or galvanized steel pipe shall be used un- derground and shall be kept at least six (6) inches (152.4mm) above ground. (2) No vitrified clay pipe or fittings shall be used above ground, where pres- surized by a pump or ejector, or on the interior of any building or structure. Sec. 702.2. Underground Building Sanitary Drainage and Vent Pipe. (a) Underground building drains shall be of cast-iron soil pipe, tempered copper tube Type L or Type K, ABS or PVC-DVW Schedule 40 plastic pipe. (b) Drainage fittings shall be of cast-iron, malleable iron, lead, brass, copper, ABS or PVC Schedule 40, or other approved materials having a smooth interior water- way of the same diameter as the piping served and all such fittings shall conform to the type of pipe used. (1) Fittings on screwed pipe shall be of the recessed drainage type. Burred ends shall be reamed to the full bore of the pipe. (2) The threads of drainage fittings shall be tapped so as to allow one-fourth inch per foot (20.9 mm/m) grade. Sec. 703. Size of Building Sewers. The minimum size of any building sewer shall be determined on the basis of the total number of fixture units drained by such sewers, in accordance with Table 11-2. No building sewer shall have a smaller diameter than four (4) inches or the size of the building drain; whichever is larger. Sec. 708. Cleanouts. (a) Every vent pipe that penetrates the lowest floor level shall be provided with a cleanout located not less than six (6) nor more than thirty (30) inches above the lowest floor level. (b) Each cleanout in piping two (2) inches or less in size shall be so installed that there is a clearance of not less than twelve (12) inches in front of the cleanout. 64 Cleanouts in piping larger than two (2) inches shall have a clearance of not less than eighteen (18) inches in front of the cleanout. Cleanouts in underfloor piping shall be extended to or above the finished floor or shall be extended outside the building when there is less than eighteen (18) inches vertical and thirty (30) inches horizontal clearance from the means of access to such cleanout. No underfloor cleanout in any residential occupancy shall be located more than twenty (20) feet from an access door, trap door, or crawl hole. (c) Cleanout fittings shall be not less in size than those established by the building official. (d) Each horizontal drainage pipe shall be provided with a cleanout at its upper terminal and each run of piping, which is more than one hundred (100) feet (30.4m) in total developed length, shall be provided with a cleanout for each one hundred (100) feet (30.4m), or fraction thereof, in length of such piping. (1) Cleanouts may be omitted on a horizontal drain line less than five (5) feet (1.5m) in length unless such line is serving sinks or urinals. (2) Cleanouts may be omitted on any horizontal drainage pipe installed on a slope of seventy-two (72) degrees or less from the vertical angle (angle of one-fifth (1/5) bend). (3) Excepting the building drain and its horizontal branches, a cleanout shall not be required on any pipe or piping which is above the first floor of the building. (4) An approved type of two-way cleanout fitting, installed inside the build- ing wall near the connection between the building drain and building sewer or installed outside of a building at the lower end of a building drain and ex- tended to grade, may be substituted for an upper terminal cleanout. (e) Each vertical drainage pipe which has a double sanitary tee installed shall be provided with a cleanout within a distance of thirty-six (36) inches above or below the centerline of the sanitary tee. (f) Each drainage pipe penetrating the lowest floor level of any structure shall be provided with a cleanout located not less than six (6) nor more than thirty (30) inches above the lowest floor level. (g) An additional cleanout shall be provided in a horizontal line for each aggregate change of direction exceeding one hundred and thirty-five (135) degrees. (h) Each cleanout shall be installed so that it opens in a direction opposite to the flow of the soil or waste or at right angles thereto and, except in the case of "wye" branch and end-of-line cleanouts, shall be installed vertically above the flow line of the pipe. (i) Each cleanout extension shall be considered as drainage piping and each nine- ty (90) degree cleanout extension shall be extended from a "Y" type fitting or other approved fitting of equivalent sweep. (j) Each cleanout for an interceptor shall be outside of such interceptor. (k) Each cleanout, unless installed under an approved cover plate, shall be above grade, readily accessible, and so located as to serve the purpose for which it is in- tended. Cleanouts located under cover plates shall be so installed as to provide the clearances and accessibility required by this Section. (l)Each cleanout in piping two (2) inches or less in size shall be so installed that there is a clearance of not less than twelve (12) inches in front of the cleanout. Cleanouts in piping larger than two (2) inches shall have a clearance of not less 65 than eighteen (18) inches in front of the cleanout. Cleanouts in underfloor piping shall be extended to or above the finished floor or shall be extended outside the building when there is less than eighteen (18) inches vertical and thirty (30) inches horizontal clearance from the means of access to such cleanout. No underfloor cleanout in any residential occupancy shall be located more than twenty (20) feet from an access door, trap door, or crawl hole. (m) Cleanout fittings shall be not less in size than those established by the building official. (n) Cleanouts shall be provided for pressure drainage systems as classified under Section 708. (o) Countersunk cleanout plugs shall be installed where raised heads may cause a hazard. (p) When a hubless blind plug is used for a required cleanout, the complete cou- pling and plug shall be accessible for removal or replacement. Sec. 712. Drainage of Fixtures Located Below the Next Upstream Manhole or Below the Main Sewer Level. When subsoil drainage systems are installed, they shall be discharged into an ap- proved sump or receiving tank and shall be discharged in a manner satisfactory to the administrative authority. The installation of sump pumps or sump pump connections, which discharge or cause to be discharged, any storm water, surface water, groundwa- ter, roof runoff, subsurface drainage, including interior and exterior foundation drains, floor drains used for collecting storm water, uncontaminated cooling water, or unpolluted industrial process waters, to any sanitary sewer, is specifically prohibited. Air conditioning water, drip pans, refrigeration water or cooling tower water may be discharged into a sanitary sewer if the same comes from equipment so designed that the total rate of discharge from the premises served on such sewer cannot exceed five (5) gallons per minute. Sec. 715.2. Backwater Valves. Backwater valves shall have bodies of cast iron, brass, or other approved materials, noncorrosive bearings, seats and self-aligning discs, and shall be so constructed as to insure a positive mechanical seal and to remain closed, except when discharging wastes. Such valves shall remain sufficiently open dur- ing periods of low flows to avoid screening of solids and shall not restrict capacities or cause excessive turbulence during peak loads. Unless otherwise listed, valve access covers shall be bolted type with gasket and each valve shall bear the manufacturer's name cast into body and cover. Backwater valves shall be installed so that their working parts will be accessible for service and repairs. Sec. 902. Materials. (a) Vent piping aboveground in buildings shall be of brass pipe, copper pipe, copper tube, type L or type K, cast-iron soil pipe, galvanized steel pipe, lead pipe, ABS or PVC-DWV schedule 40 plastic pipe. (1) No galvanized steel pipe shall be used underground and shall be kept at least six (6) inches aboveground. (2) ABS and PVC DWV piping installations shall be limited to structures not exceeding three (3) floors above grade. For the purpose of this Sub- section, the first floor of a building shall be that floor that has fifty percent (50%) or more of the exterior wall surface area level with or above finished grade. One (1) additional level that is the first level and not designed for human habitation and used only for vehicle parking, storage, or similar use 66 shall be permitted. (b) Vent piping underground shall be cast-iron soil pipe, copper tube type L or type K, ABS or DWV schedule 40 plastic pipe. (c) Vent fittings shall be cast-iron, galvanized malleable iron or galvanized steel, lead, copper, brass, ABS or PVC schedule 40 or other approved materials except that no galvanized malleable iron or galvanized steel fittings shall be used under- ground and shall be kept at least six (6) inches aboveground. (d) Changes in direction of vent piping shall be made by the appropriate use of approved fittings and, with the exception of copper tube, no such pipe shall be strained or bent. Burred ends shall be reamed to the full bore of the pipe. Sec. 904. Vent Termination. (a) Each vent pipe or stack shall extend through its flashing and shall terminate vertically not less than six (6) inches above the roof nor less than one (1) foot from any vertical surface. (b) Each vent shall terminate not less than ten (10) feet from, or at least three (3) feet above any openable window, door, opening, air intake, or vent shaft, nor less than three (3) feet in every direction from any lot line; alley and street excepted. (c) Vent pipes shall be extended separately or combined, of full required size, not less than six (6) inches above the roof or fire wall. Flagpoling of vents is prohibit- ed except where the roof is used for purposes other than weather protection. All vents within ten (10) feet of any part of the roof that is used for such other pur- poses shall extend not less than seven (7) feet above such roof and shall be se- curely stayed. (d) Vent pipes for outdoor installations shall extend at least ten (10) feet above ground and shall be securely supported. (e) Joints at the roof around vent pipes shall be made watertight by the use of approved flashings or flashing material. (f) Frost or Snow Closure. Where frost or snow closure is likely to occur in loca- tions having minimum design temperature below 0 degrees F, vent terminals shall be a minimum of three (3) inches in diameter but in no event smaller than the required vent pipe. The change in diameter shall be made inside the building at least one (1) foot below the roof and terminate not less than ten (10) inches above the roof, or as required by the administrative authority. 14-1H-3. Licensure and Certification. 1. Except as provided in Iowa Code section 105.11, a person shall not operate as a contractor or install or repair plumbing, HVAC, refrigeration, or hydronic sys- tems without obtaining a license issued by the State, or install or repair medical gas piping systems without obtaining a valid certification approved by the State. 2. Except as provided in Iowa Code section 105.11, a person shall not engage in the business of designing, installing, or repairing plumbing, HVAC, refrigeration, or hydronic systems unless at all times a licensed master, who shall be responsi- ble for the proper designing, installing, and repairing of the Plumbing, HVAC, re- frigeration, or hydronic system, is employed by the person and is actively in charge of the plumbing, HVAC, refrigeration, or hydronic work of the person. An individual who performs such work pursuant to a business operated as a sole proprietorship shall be a licensed master in the applicable discipline. 14-1H-4. Backflow Prevention Requirements for New Residential Construction. There are hereby established minimum backflow prevention standards for new resi- 67 dential construction. The city manager shall determine the type of backflow prevention assembly required for containment based on the degree of hazard as outlined in Title 13, Chapter 1, Article D. 14-1H-5. Backflow Prevention Requirements for Existing Water Services. The requirements for backflow prevention related to existing water services are out- lined in Title 13, Chapter 1, Article D. Sec. 14-1H-6. Inspection Fees. A fee shall be paid for inspections made outside of normal business hours and for in- spections for which no fees are specifically indicated. Inspection fees shall be as set forth by the City Manager. Section 13. This Ordinance takes effect upon publication. th Passed, approved and adopted this 15 day of July, 2013. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk th Published officially in the Telegraph Herald newspaper on the 19 day of July, 2013. /s/Kevin S. Firnstahl, CMC, City Clerk Code of Ordinances Title 6 Amendment - 2012 International Fire Code: City Manager recommending adoption of the 2012 International Fire Code published by the Interna- tional Code Council, Inc. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Se- conded by Braig. Motion carried 7-0. Motion by Connors for final consideration and passage of 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 Regu- lations, 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.” Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 40-13 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH, HOUS- ING, SANITATION AND ENVIRONMENT, CHAPTER 9 FIRE PREVENTION REGU- LATIONS, SECTION 6-9-3 BLASTING, FIREWORKS AND OPEN BURNING; PER- MITS 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 INTER- NATIONAL FIRE CODE ADOPTED, SECTION 14-1E-2 INTERNATIONAL FIRE CODE AMENDMENTS, AND SECTION 14-1E-3 INTERNATIONAL FIRE CODE EN- FORCEMENT BY UPDATING THE INTERNATIONAL FIRE CODE FROM THE 2009 68 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 in- volving the use or display of fireworks or pyrotechnics without first obtain- ing a permit from the fire chief. 3. Bonfire: No person may light and/or conduct a bonfire without first ob- taining a permit from the fire chief. 4. Open Burning Of Land Clearance Materials: No person may burn mate- rials 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 silvicul- tural, 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 ser- vice 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: 69 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 remodel- ing 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 intercon- nected to ensure simultaneous notification of all building occupants. Section 5. Section 14-1E-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 here- by 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 14-1E-2 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-1E-2: INTERNATIONAL FIRE CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the interna- tional fire code, 2012 edition, adopted in section 14-1E-1 of this article read as fol- lows: 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. th Passed, approved and adopted this 15 day of July, 2013. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk th Published officially in the Telegraph Herald newspaper on the 19 day of July, 2013. /s/Kevin S. Firnstahl, CMC, City Clerk Code of Ordinances Title 10 Amendment - Intoxicating Beverages at the Port of Dubuque Marina: City Manager recommending an ordinance amendment adding the Port of Dubuque Marina to the list of places that allow the possession, consumption or use of alcoholic wine, beer or other intoxicating beverages. Motion by Connors to re- ceive and file the documents and that the requirement that a proposed ordinance be 70 considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 41-13 Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 5 Parks and Recreation, Article B Use Regulations, Section 10-5B-2 Intoxicat- ing Beverages by adding the Port of Dubuque Marina as an exemption. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 41-13 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 10 PUBLIC WAYS AND PROPERTY, CHAPTER 5 PARKS AND RECREATION, ARTICLE B USE REG- ULATIONS, SECTION 10-5B-2 INTOXICATING BEVERAGES BY ADDING THE PORT OF DUBUQUE MARINA AS AN EXEMPTION NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 10-5B-2 of the City of Dubuque Code of Ordinances is amended to read as follows: 10-5B-2: INTOXICATING BEVERAGES: B. Exemptions: 1. Locations Exempt: Subsection A2 of this section shall not apply to the possession, consumption, or use of alcoholic liquors, wine, beer, or other intoxicating beverages at: a. Alliant Energy Amphitheater events for which a special events permit has been issued; b. American Trust River's Edge Plaza events for which a special events permit has been issued; c. A.Y. McDonald Park; d. Bunker Hill Golf Course; e. Eagle Point Park; f. Flora Park; g. Four Mounds Park as approved by the Four Mounds Foundation; h. John G. Bergfeld Recreation Area; i. Marshall Park as approved by the Dubuque Arboretum As- sociation, Inc.; j. McAleece Park and Recreation Complex; k. Miller Riverview Park; l. Mississippi Riverwalk events for which a special events permit has been issued; m. Murphy Park; n. Port of Dubuque Marina; o. Veterans Park; and p. Any other park with the prior written approval of the city manager. Section 2. This Ordinance takes effect upon publication. 71 th Passed, approved, and adopted the 15 day of July, 2013. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk th Published officially in the Telegraph Herald newspaper on the 19 day of July, 2013. /s/Kevin S. Firnstahl, CMC, City Clerk Brownfields Petroleum and Hazardous Substances Assessment Grant: City Manager recommending approval of a resolution authorizing the execution of the Cooperative Agreement Application and associated contract documents pertaining to the Brownfields Petroleum and Hazardous Substances Assessment Grants Program in order to receive funds from the U.S. Environmental Protection Agency. Motion by Jones to receive and file the documents and adopt Resolution No. 236-13 Authorizing the filing of a Coopera- tive Agreement Application with the U.S. Environmental Protection Agency for the re- ceipt of Brownfields Petroleum and Hazardous Substances Assessment Grants. Se- conded by Connors. Motion carried 7-0. RESOLUTION NO. 236 13 AUTHORIZING THE FILING OF A COOPERATIVE AGREEMENT APPLICATION WITH THE U.S. ENVIRONMENTAL PROTECTION AGENCY FOR THE RECIEPT OF BROWNFIELDS PETROLEUM AND HAZARDOUS SUBSTANCES ASSESSMENT GRANTS Whereas, the City of Dubuque applied for Brownfield Assessment Grants through the U.S. Environmental Protection Agency (EPA) in November 2012 to assist with the re- mediation of environmental contamination in the Historic Millwork District, the Sourth Port, and the Washington Neighborhood; and Whereas, the City of Dubuque has been awarded $200,000 for a Petroleum Assess- ment Grant and $200,000 for a Hazardous Substances Assessment Grant from the EPA to serve the three areas; and Whereas, in order to receive the award; a cooperative agreement between the City of Dubuque and the EPA, featuring several government forms and work plans, must be approved and executed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of a cooperative agreement application with the U.S. Envi- ronmental Protection Agency for their Brownfields Petroleum and Hazardous Substanc- es Assessment Grants, is hereby approved. Section 2. That the Mayor is hereby authorized to execute, and the City Manager is hereby directed to submit, said application to the U.S. Environmental Protection Agency together with such documents as may be required. th Passed, approved, and adopted this 15 day of July, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 72 Request to Schedule Work Session - Sustainable Dubuque: City Manager requesting a quarterly work session with the City Council for Sustainable Dubuque before the regu- larly scheduled meeting on Monday, August 19, 2013 at 5:00 p.m. Motion by Lynch to receive and file the documents and set the work session as recommended. Seconded by Resnick. Motion carried 7-0. Request to Schedule Work Session - Washington Neighborhood Master Plan and Market Analysis: City Manager requesting a work session with the City Council regard- ing the Washington Neighborhood Master Plan and Market Analysis before the regularly scheduled City Council meeting on August 5, 2013 from 5:00 p.m. to 6:15 p.m. Motion by Braig to receive and file the documents and set the work session as recommended. Seconded by Connors. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Jones reported on the success of the Music in Jackson Park event for which he and Council Member Resnick performed. Council Member Resnick commented on the beautification of the many private homes that he has noted during recent walks and bike rides and complimented the homeowners for their efforts. Mayor Buol and Council Member Connors remembered former City Engineer John White who recently died at the age of 91. CLOSED SESSION Motion by Jones at 8:03 p.m. to convene in closed session to discuss pending litiga- tion and property acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa. Seconded by Resnick. Motion carried 7-0. Upon motion, the City Council reconvened in open session at 8:25 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 8:26 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 73