Code of Ordinances Amendment - Title 14 - Mechanical and Plumbing Board Copyright 2014
City of Dubuque Action Items # 6.
ITEM TITLE: Code of Ordinances Amendment Title 14 - Mechanical and
Plumbing Code Board
SUMMARY: City Manager recommending approval of two ordinances to
amend Ordinance Nos. 25-16 and 26-16 to make the
language for the Mechanical and Plumbing Code Board
consistent between the two ordinances.
ORDINANCE Amending Ordinance 25-16 Which repealed
Title 14 Building and Development, Chapter 1 Building
Codes, Article F Mechanical Code, Sections 14-1 F-1
International Mechanical Code Adopted and 14-1 F-2
International Mechanical Code Amendments and adopted
new sections in lieu thereof Adopting the 2015 International
Mechanical Code
ORDINANCE Amending Ordinance 26-16 Which repealed
Title 14 Building and Development, Chapter 1 Building
Codes, Article H Plumbing Code, Sections 14-1 H-1
International Plumbing Code Adopted and 14-1 H-2
International Plumbing Code Amendments and adopted
new sections in lieu thereof Adopting the 2015 International
Plumbing Code
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion
A
ATTACHMENTS:
Description Type
Mechanical and Plumbing Code Board-MVM Memo City Manager Memo
Staff Memo Staff Memo
Ordinance Amending 25-16 Ordinance
Ordinance Amending 26-16 Ordinance
THE CITY OF Dubuque
DUB E i"
Masterpiece on the Mississippi 2007.2012.2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Mechanical and Plumbing Code Board
DATE: October 10, 2016
The City of Dubuque recently adopted the International Mechanical Code and the
International Plumbing Code.
City Attorney Crenna Brumwell recommends City Council approval of two ordinances to
amend Ordinances 25-16 and 26-16 to make the language for the Mechanical and
Plumbing Code Board consistent between the two ordinances.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Z!A-A�,
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
CRENNA M . BRUMWELL , ESQ.
ASSISTANT CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
DATE: September 27, 2016
RE: Mechanical and Plumbing Code Board
The City of Dubuque recently adopted the International Mechanical Code by Ordinance
25-16 and the International Plumbing Code by Ordinance 26-16.
Attached are two ordinances which amend Ordinances 25-16 and 26-16 to make the
language for the Mechanical and Plumbing Code Board consistent between the two
ordinances.
I recommend that the ordinances be submitted to the City Council for consideration.
Please let me know if you need further information.
Thank you.
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 54-16
AMENDING ORDINANCE 25-16 WHICH REPEALED TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE F MECHANICAL
CODE, SECTIONS 14-1F-1 INTERNATIONAL MECHANICAL CODE ADOPTED AND
14-1F-2 INTERNATIONAL MECHANICAL CODE AMENDMENTS AND ADOPTED
NEW SECTIONS IN LIEU THEREOF ADOPTING THE 2015 INTERNATIONAL
MECHANICAL CODE
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IA:
Section 1: Ordinance No. 25-16 is amended to read as follows:
14-1F-4: MECHANICAL AND PLUMBING CODE BOARD:
A. Board Created: In order to hear and decide appeals of orders, decisions, or
determinations made by the code official relative to the application and interpretation of
this code, there shall be and is hereby created a Mechanical and Plumbing Code Board.
The Mechanical and Plumbing Code Board shall be appointed by the City Council and
shall hold office at its pleasure.
B. Membership: The Mechanical and Plumbing Code Board shall consist of seven
(7) residents of the city, appointed by the City Council for a term of three (3) years or
until such member's successor is appointed and qualified. Vacancies must be filled in
the same manner as original appointments.
1. Special Qualifications.
a. Two (2) at -large members;
b. Five (5) members who possess a minimum of one of the following
requirements: minimum of five (5) years working experience in the
plumbing or mechanical trade, hold a state certification as a mechanical or
plumbing contractor, licensed mechanical or hydraulic engineer, or any
combination thereof.
c. Members must be eighteen (18) years of age or older.
C. Oath: Each person, upon appointment or reappointment to the board, must
execute an oath of office at the first meeting of the board following appointment or
reappointment or at the city clerk's office any time prior to the first meeting of the board
following the appointment or reappointment.
D. Officers/Organization: The board must choose annually a chairperson and vice -
chairperson, each to serve a term of one (1) year. The code official is the secretary of
the board. The board must fill a vacancy among its officers for the remainder of the
officer's unexpired term.
E. Compensation: Members serve without compensation, provided that they may
receive reimbursement for necessary travel and other expenses while on official board
business within the limits established in the city administrative policies and budget.
F. Disqualification of Member: A member shall not hear an appeal in which that
member has a personal, professional, or financial interest.
G. Application for Appeal:
1. Any person affected by a decision of the code official or a notice or order
issued under this code shall have the right to appeal to the Mechanical and
Plumbing Code Board, provided a written application for appeal is filed within
twenty (20) days after the day the decision, notice, or order was served.
2. An application for appeal shall be based on a claim that the true intent of
this code or the rules legally adopted thereunder have been incorrectly
interpreted, the provisions of this code do not fully apply, or an equally good or
better form of construction is proposed.
H. Limitations on Authority (Board Powers):
1. The board has the following powers, duties, and responsibilities:
a. To advise the city council on all mechanical and plumbing code
regulations and procedures.
b. To serve as an appeal body for the decisions of the code official or
the code official's designee.
c. To provide for reasonable interpretations of the mechanical and
plumbing code.
The Mechanical and Plumbing Code Board does not have the authority to waive
the requirements of this code.
Notice of Meeting: The board shall meet upon notice from the chairman, within
not less than ten (10) days and not more than sixty (60) days of the filing of an appeal,
at stated periodic meetings, or at the written request of a majority of the members.
J. Open Hearing:
1. Hearings before the board shall be open to the public and in compliance
with the provisions of the Iowa open meetings law.
2. The appellant, the appellant's representative, the code official, and any
person whose interests are affected shall be given an opportunity to be heard.
K. Hearing Procedure:
1. The board shall adopt and make available to the public through the
secretary procedures under which a hearing will be conducted. The procedures
shall not require compliance with strict rules of evidence, but shall mandate that
only relevant information be received.
2. A quorum shall consist of a minimum of two-thirds (2/3) of the board
membership.
3. Members of the board shall attend at least two-thirds (2/3) of all regularly
scheduled and held meetings within a twelve (12) month period. If any member
does not attend such prescribed number of meetings, it shall constitute grounds
for the board to recommend to the city council that the member be replaced. The
attendance of all members shall be entered upon the minutes of all meetings.
4. The code official shall file with the city council a copy of the minutes of
each meeting of the board within ten (10) working days after each such meeting,
or by the next regularly scheduled city council meeting, whichever is later.
5. All administrative, personnel, accounting, budgetary, and procurement
policies of the city shall govern the board in its operations.
6. Removal: The city council may remove any member for cause upon
written charges and after a public hearing.
L. Postponed Hearing: Either the city or the appellant may request a postponement
of a hearing subject to the approval of the code official. In no event may a
postponement exceed ninety (90) days beyond the date of the appeal.
M. Board Decision on Appeals: The board may, by majority vote, affirm, modify, or
reverse the decision of the code official.
N. Resolution: The decision of the board shall be by resolution. A written copy shall
be furnished to the appellant and placed in the board's records.
0. Administration: The code official shall take immediate action in accordance with
the decision of the board.
P. Court Review: Any person, whether or not a previous party to the appeal, shall
have the right to apply to the appropriate court for a writ of certiorari to correct errors of
law. Application for review shall be made in the manner and time required by law
following the filing of the decision in the office of the code official chief administrative
officer.
Q. Stays of Enforcement: Appeals of notice and orders (other than Imminent Danger
notices) shall stay the enforcement of the notice and order until the appeal is heard by
the appeals board.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 17th day of ctober, 2016.
Attest:
Kevin Fi . stahl, City Clerk
Roy D. BuolVayor
L,0
EFFECT OF AMENDMENT
14-1 F-4: MECHANICAL AND PLUMBING CODE BOARD:
A. Board Created: In order to hear and decide appeals of orders, decisions, or
determinations made by the code official relative to the application and interpretation of
this code, there shall be and is hereby created a Mechanical and Plumbing Code Board.
The Mechanical and Plumbing Code Board shall be appointed by the City Council and
shall hold office at its pleasure.
B. Membership: The Mechanical and Plumbing Code Board shall consist of seven
(7) residents of the city, appointed by the City Council for a term of three (3) years or
until such member's successor is appointed and qualified. Vacancies must be filled in
the same manner as original appointments.
1 . Special Qualifications. The Me..hani..el and DI„mhiRg Gode Qeard shell
rnnciRt Of seven /7\ iRdivid aIG eighteen (19) yeaF6 of age 9F elder Fere. a nh n£
a. Two (2) at-large members;
b. Five (5) members who possess a minimum of one of the following
requirements: minimum of five (5) years working experience in the
plumbing or mechanical trade, hold a state certification as a mechanical or
plumbing contractor, licensed mechanical or hydraulic engineer, or any
combination thereof.
C. Members must be eighteen (18) years of age or older.
C. Oath: Each person, upon appointment or reappointment to the board, must
execute an oath of office at the first meeting of the board following appointment or
reappointment or at the city clerk's office any time prior to the first meeting of the board
following the appointment or reappointment.
D. Officers/Organization: The board must choose annually a chairperson and vice-
chairperson, each to serve a term of one (1) year. The code official is the secretary of
the board. The board must fill a vacancy among its officers for the remainder of the
officer's unexpired term.
E. Compensation: Members serve without compensation, provided that they may
receive reimbursement for necessary travel and other expenses while on official board
business within the limits established in the city administrative policies and budget.
F. Disqualification of Member: A member shall not hear an appeal in which that
member has a personal, professional, or financial interest.
G. Application for Appeal:
1 . Any person affected by a decision of the code official or a notice or order
issued under this code shall have the right to appeal to the Mechanical and
Plumbing Code Board, provided a written application for appeal is filed within
twenty (20) days after the day the decision, notice, or order was served.
2. An application for appeal shall be based on a claim that the true intent of
this code or the rules legally adopted thereunder have been incorrectly
interpreted, the provisions of this code do not fully apply, or an equally good or
better form of construction is proposed.
H. Limitations on Authority (Board Powers):
1 . The board has the following powers, duties, and responsibilities:
a. To advise the city council on all mechanical and plumbing code
regulations and procedures.
b. To serve as an appeal body for the decisions of the code official or
the code official's designee.
C. To provide for reasonable interpretations of the mechanical and
plumbing code.
The Mechanical and Plumbing Code Board of Appeaas—does not have the
authority to waive the requirements of this code.
I. Notice of Meeting: The board shall meet upon notice from the chairman, within
not less than ten (10) days and not more than sixty (60) days of the filing of an appeal,
at stated periodic meetings, or at the written request of a majority of the members.
J. Open Hearing:
1 . Hearings before the board shall be open to the public and in compliance
with the provisions of the Iowa open meetings law.
2. The appellant, the appellant's representative, the code official, and any
person whose interests are affected shall be given an opportunity to be heard.
K. Hearing Procedure:
1 . The board shall adopt and make available to the public through the
secretary procedures under which a hearing will be conducted. The procedures
shall not require compliance with strict rules of evidence, but shall mandate that
only relevant information be received.
2. A quorum shall consist of a minimum of two-thirds (2/3) of the board
membership.
3. Members of the board shall attend at least two-thirds (2/3) of all regularly
scheduled and held meetings within a twelve (12) month period. If any member
does not attend such prescribed number of meetings, it shall constitute grounds
for the board to recommend to the city council that the member be replaced. The
attendance of all members shall be entered upon the minutes of all meetings.
4. The code official shall file with the city council a copy of the minutes of
each meeting of the board within ten (10) working days after each such meeting,
or bV the next regularly scheduled city council meeting, whichever is later.
5. All administrative, personnel, accounting, budgetary, and procurement
policies of the city shall govern the board in its operations.
6. Removal: The city council may remove any member for cause upon
written charges and after a public hearing.
L. Postponed Hearing: Either the city or the appellant may request a postponement
of a hearing subject to the approval of the code official. In no event may a
postponement exceed ninety (90) days beyond the date of the appeal.
M. Board Decision on Appeals: The board may, by majority vote, affirm, modify, or
reverse the decision of the code official.
N. Resolution: The decision of the board shall be by resolution. A written copy shall
be furnished to the appellant and placed in the board'seify records.
O. Administration: The code official shall take immediate action in accordance with
the decision of the board.
P. Court Review: Any person, whether or not a previous party to the appeal, shall
have the right to apply to the appropriate court for a writ of certiorari to correct errors of
law. Application for review shall be made in the manner and time required by law
following the filing of the decision in the office of the code official chief administrative
officer.
Q. Stays of Enforcement: Appeals of notice and orders (other than Imminent Danger
notices) shall stay the enforcement of the notice and order until the appeal is heard by
the appeals board.
OFFICIAL
PUBLICATION r I
ORDINANCE N0.54-16
AMENDING "ORDI-
NANCE 25-16 WHICH
REPEALED TITLE 141
BUILDING " AND " DE-
VELOPMENT, CHAP -1
TER 1 BUILDING CO -1
DES, ARTICLE F ME-
CHANICAL CODE,
SECTIONS 14-1F-1'1N-
TERNATIONAL ME-
CHANICAL ., CODE
ADOPTEDAND 14-1F-,
2 INTERNATIONAL',
MECHANICAL CODE i
AMENDMENTS AND,
ADOPTED NEW SEC-
TIONS 114 LIEU THERE-
OF , ADOPTING THE
2015 INTERNATIONAL
MECHANICAL CODE
NOW THEREFORE,
BE IT ORDAINED BY
THE CITY COUNCIL
OF`tTHE CITY' OF DU-
BUQUE, IA:
Section 1. Ordinance
NO. 25-16 is amended
to read as follows:
14-1F-4: MECHANICAL
AND ' PLUMBING CODE
BOARD:
A. Board Created: In
order to hear and de-
cide appeals of orders,
decisions, or determi-
nations : made by the
code official relative to
the application and in-
terpretation of this
code, ""there shall be
and is hereby created a
Mechanical and Plumb -
ng Code Board. The
Mechanical and Plumb=
ng Code Board shall' be
appointed by the City
Council and shall hold
office at its pleasure.
B. Membership: The
Mechanical and Plumb-
ing Code Board shall
corlsist of seven (7)
residents of the city,
appointed by the City
Council for a term of
three (3) years or until
such member's succes-
sor is appointed and
qualified. Vacancies
mustbe filled in the
same manner as origi-
nal appointments.
1. Special Qualifica-
tions.
a. Two (2) at -large
members;
lb. Five (5) members
who possess a mini-
mum of one of the fol-
lowing requirements:
minimum of five (5)
years working experi-
ence in the plumbing
or mechanical . trade,
hold a state certifica-
tion
as a mechanical or
plumbing ,:contractor,_
licensed mechanical or
hydraulic engineer, or
any combination there-
of.
c. Members must be
eighteen (18) years of
age or older.
C. Oath: Each person,
upon appointment or
reappointment to the
board, must execute an
oath of office at the
first meeting of the
board following ap-
pointment or reap-
pointment or at the
them b
city clerk's office any
time prior to the first
meeting of the board
following the appoint
ment or -reappoint-
ment. '
D. Officers/Organiza-
tion: The board must
choose annually a
chairperson' and vice -
chairperson, each to
serve a term of one (1)
year. The code official
is the secretary of the
board. The board must
fill a vacancy among
its' officers for the' re-
mainder of the officer's
unexpired term.
E. Compensation:
Members serve with-
out compensation, pro-
vided that they may re-
ceive reimbursement
for necessary travel
and other expenses
yvhile on official board
business within the
limits established in
the city administrative
policies and budget.
F. Disqualification of
Member: A member
shall not hear an ap-
peal in which that
member has a person-
al, professional, or fi-
nancial interest.
G. Application for Ap-
peal:
1.' Any person affect-
ed` by a decision of the
code official or a notice
or order' issued under
this code shall have the
right to appeal to the
Mechanical and Plumb-
ing Code Board, provid-
ed a written applica-
tion for appeal is filed
within twenty (20)
days after the day the,
decision, notice, or or
der was served.
2. An application for
appeal shall be°based
on a claim that the true
intent of this code or
the, rules legally adopt-
ed thereunder have
been incorrectly inter-
preted, the provisions;
of this code do not fully
apply, or an equally
good or better form of
construction. is pro-
posed. ..,
H. Limitations on Au-
thority (Board Powers):
1. The board has the
following powers, du-
ties, and responsibili-
ties:
a. To advise the city
council on all mechani-
cal and plumbing code
regulations and proce-
dures.
b. To serve as an ap-
peal body for the deci-
sions of the` code offi-
cial or the code offi-
cial's designee.
c. To provide for rea-
sonable interpretations'
of the mechanical and
plumbing code.
The Mechanical and
Plumbing Code Board
does not have the au-
thority to waive the re-
quirements of this
code.
1. Notice of Meeting:
The board shall meet
upon notice from the
chairman, `within not
less; than ten (10) days;.
and'. not morel than six-
ty (60) days` of the fil
ing of an appeal, at
stated periodic meet-
ings, or at the written
request of a majority`of
em ers.
J. Open Hearing:
1. Hearings befor
board shall be ope
the public and in
pliance with the p
sions of the Iowa
meetings law.
2. The appellant
appellant's'repres
tive, the code off
and anv person .inw
furnished to the appel-
e the dant and placed in the
n;to F board's records.
COM- 0. Administration:
rovi- The code official shall
open take immediate action
in accordance with the
the decision of the board.
enta- P. Court Review: Any
icial, person, whether or not
a previous party to the
appeal, shall have the
right to apply to the
appropriate court for a
writ of certiorari to
correct errors of law.
Application for review
shall be made in the
tary manner and time re -
der
. quired by law following
I be the filing of the deci-
oce- sionin the office of the
uire code official chief ad-
rict ministrative officer.
but Q. Stays of Enforce
on- Ment: Appeals of no -
a tion tice and orders (other'',
than Imminent Danger
con- notices) shall stay the
of enforcement of the no -
the tice and order until the
appeal s heard by the
the appeals board:'_
at Section 2. This Ordi
)i nance takeseffect
'
hed- upon publication.
ngs, Passed, approved and
2/3(12) adopted this 17th day
ny of October, 2016.
at- /s/Roy D. Buol, Mayor
bed Attest: /s/Kevin S.
, it Firnstahl, City Clerk
ate Published officially in
rd; " the Telegraph Herald
he newspaper on the 21st
he; day of October, 2016.
d.. /s/Kevin S. Firnstahl,
all City Clerk
e it 10/21
interests are affected
shall be given an op-
portunity to be heard.
K. Hearing` Procedure:
1. The board shall
I adopt and make avails:
ble to the pi
through the secre
procedures < un
which a hearing wil
conducted.: The pr
dures shall not req
compliance with "St
rules of evidence,
shall mandate that
y relevant inform
be received.
2. A quorum shall
sist of a minimum
two-thirds (2/3) of
board membership.
3. Members of
board shall attend
least two-thirds '(
of all regularly sch
and held meeti
within a twelve
month period. If a
member does not
tend such prescrib
of meetings
shall constit
grounds for the boa
to recommend to t
city council is that t
member be replace:
The attendance of
' members shall be
tered upon the minutes
of all meetings.
4. The code official;
shall file with the city
council 'a copy of the
minutes of each meet-
ing of the board within
ten (10) working days
after each such meet-
ing,
or by the next reg-
ularly scheduled city
council meetin
whichever is later.
5. All administrative,
personnel, accounting,
budgetary, and pro-
curement policies of
the city shall govern
the board in its opera-
tions. I
6. Removal: The city I
council may remove'
any member for cause
upon written charges
and after a public hear-
ing.
L. Postponed Hearings
Either the city or the
appellant may request
a, postponement of a
hearing subject to the
approval of the code
official. In no event
may a postponement
exceed 'ninety (90)
days beyond the date
of the appeal.
M. Board Decision on
Appeals: The board',
may, by majority vote,
affirm, modify, or re-
verse the decision of
the code official.
N. Resolution: The de-
cisionof the board
shall be by resolution.
A written copy shall be
I
g,
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: October 21, 2016, and for which the charge is $75.65.
_s
Subscribed to before me, Notary Public in and for Dubuque County, Iowa,
this 45 day of de'�-G4„E) , 20 e/ .
Notary Public in and for Dubuque County, Iowa.
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 55-16
AMENDING ORDINANCE 26-16 WHICH REPEALED TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE H PLUMBING CODE,
SECTIONS 14-1H-1 INTERNATIONAL PLUMBING CODE ADOPTED AND 14-1H-2
INTERNATIONAL PLUMBING CODE AMENDMENTS AND ADOPTED NEW
SECTIONS IN LIEU THEREOF ADOPTING THE 2015 INTERNATIONAL PLUMBING
CODE
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IA:
Section 1. Ordinance No. 26-16 is amended to read as follows:
14-1H-7: MECHANICAL AND PLUMBING CODE BOARD:
A. Board Created: In order to hear and decide appeals of orders, decisions, or
determinations made by the code official relative to the application and interpretation of
this code, there shall be and is hereby created a Mechanical and Plumbing Code Board.
The Mechanical and Plumbing Code Board shall be appointed by the City Council and
shall hold office at its pleasure.
B. Membership: The Mechanical and Plumbing Code Board shall consist of seven
(7) residents of the city, appointed by the City Council for a term of three (3) years or
until such member's successor is appointed and qualified. Vacancies must be filled in
the same manner as original appointments.
1. Special Qualifications.
a. Two (2) at -large members;
b. Five (5) members who possess a minimum of one of the following
requirements: minimum of five (5) years working experience in the
plumbing or mechanical trade, hold a state certification as a mechanical or
plumbing contractor, licensed mechanical or hydraulic engineer, or any
combination thereof.
c. Members must be eighteen (18) years of age or older.
C. Oath: Each person, upon appointment or reappointment to the board, must
execute an oath of office at the first meeting of the board following appointment or
reappointment or at the city clerk's office any time prior to the first meeting of the board
following the appointment or reappointment.
D. Officers/Organization: The board must choose annually a chairperson and vice -
chairperson, each to serve a term of one (1) year. The code official is the secretary of
the board. The board must fill a vacancy among its officers for the remainder of the
officer's unexpired term.
E. Compensation: Members serve without compensation, provided that they may
receive reimbursement for necessary travel and other expenses while on official board
business within the limits established in the city administrative policies and budget.
F. Disqualification of Member: A member shall not hear an appeal in which that
member has a personal, professional, or financial interest.
G. Application for Appeal:
1. Any person affected by a decision of the code official or a notice or order
issued under this code shall have the right to appeal to the Mechanical and
Plumbing Code Board, provided a written application for appeal is filed within
twenty (20) days after the day the decision, notice, or order was served.
2. An application for appeal shall be based on a claim that the true intent of
this code or the rules legally adopted thereunder have been incorrectly
interpreted, the provisions of this code do not fully apply, or an equally good or
better form of construction is proposed.
H. Limitations on Authority (Board Powers):
1. The board has the following powers, duties, and responsibilities:
a. To advise the city council on all mechanical and plumbing code
regulations and procedures.
b. To serve as an appeal body for the decisions of the code official or
the code official's designee.
c. To provide for reasonable interpretations of the mechanical and
plumbing code.
The Mechanical and Plumbing Code Board does not have the authority to waive
the requirements of this code.
I. Notice of Meeting: The board shall meet upon notice from the chairman, within
not less than ten (10) days and not more than sixty (60) days of the filing of an appeal,
at stated periodic meetings, or at the written request of a majority of the members.
J. Open Hearing:
1. Hearings before the board shall be open to the public and in compliance
with the provisions of the Iowa open meetings law.
2. The appellant, the appellant's representative, the code official, and any
person whose interests are affected shall be given an opportunity to be heard.
K. Hearing Procedure:
1. The board shall adopt and make available to the public through the
secretary procedures under which a hearing will be conducted. The procedures
shall not require compliance with strict rules of evidence, but shall mandate that
only relevant information be received.
2. A quorum shall consist of a minimum of two-thirds (2/3) of the board
membership.
3. Members of the board shall attend at least two-thirds (2/3) of all regularly
scheduled and held meetings within a twelve (12) month period. If any member
does not attend such prescribed number of meetings, it shall constitute grounds
for the board to recommend to the city council that the member be replaced. The
attendance of all members shall be entered upon the minutes of all meetings.
4. The code official shall file with the city council a copy of the minutes of
each meeting of the board within ten (10) working days after each such meeting,
or by the next regularly scheduled city council meeting, whichever is later.
5. All administrative, personnel, accounting, budgetary, and procurement
policies of the city shall govern the board in its operations.
6. Removal: The city council may remove any member for cause upon
written charges and after a public hearing.
L. Postponed Hearing: Either the city or the appellant may request a postponement
of a hearing subject to the approval of the code official. In no event may a
postponement exceed ninety (90) days beyond the date of the appeal.
M. Board Decision on Appeals: The board may, by majority vote, affirm, modify, or
reverse the decision of the code official.
N. Resolution: The decision of the board shall be by resolution. A written copy shall
be furnished to the appellant and placed in the board's records.
0. Administration: The code official shall take immediate action in accordance with
the decision of the board.
P. Court Review: Any person, whether or not a previous party to the appeal, shall
have the right to apply to the appropriate court for a writ of certiorari to correct errors of
law. Application for review shall be made in the manner and time required by law
following the filing of the decision in the office of the code official chief administrative
officer.
Q. Stays of Enforcement: Appeals of notice and orders (other than Imminent Danger
notices) shall stay the enforcement of the notice and order until the appeal is heard by
the appeals board.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 17th day of tober, 2016.
Attest:
Kevin ,Eirnstahl, City C
Roy D. Buol, ayor
EFFECT OF AMENDMENT
14-1 H-7: MECHANICAL AND PLUMBING CODE BOARDQF A�12:
A. Board Created: In order to hear and decide appeals of orders, decisions, or
determinations made by the code official relative to the application and interpretation of
this code, there shall be and is hereby created a Mechanical and Plumbing Code Board
of Appeal& The Mechanical and Plumbing Code Board of AppeaIG shall be appointed
by the City Council and shall hold office at its pleasure.
B. Membership: The Mechanical and Plumbing Code Board of shall consist
of seven (7) residents of the city, appointed by the City Council for a term of three (3)
years or until such member's successor is appointed and qualified. Vacancies must be
filled in the same manner as original appointments.
1 . Special Qualifications. The Me..hani..vi and Plumbing Code BeaFd of
Appeelc shell G i6+ of 6e„eR n) iRdi„iduaIG eighteen (1 9) yeaF6 of age OF ewe.
a. Two (2) at-large members;
b. Five (5) members who possess a minimum of one of the following
requirements: minimum of five (5) years working experience in the
plumbing or mechanical trade, hold a state certification as a mechanical or
plumbing contractor, licensed mechanical or hydraulic engineer, or any
combination thereof.
C. Members must be eighteen (18) years of age or older.
C. Oath: Each person, upon appointment or reappointment to the board, must
execute an oath of office at the first meeting of the board following appointment or
reappointment or at the city clerk's office any time prior to the first meeting of the board
following the appointment or reappointment.
D. Officers/Organization: The board must choose annually a chairperson and vice-
chairperson, each to serve a term of one (1) year. The code official
f9F the Gity of Dubuque is the secretary of the board. The board must fill a vacancy
among its officers for the remainder of the officer's unexpired term.
E. Compensation: Members serve without compensation, provided that they may
receive reimbursement for necessary travel and other expenses while on official board
business within the limits established in the city administrative policies and budget.
F. Disqualification of Member: A member shall not hear an appeal in which that
member has a personal, professional, or financial interest.
G. Application for Appeal:
1 . Any person affected by a decision of the code official or a notice or order
issued under this code shall have the right to appeal to the Mechanical and
Plumbing Code Board , provided a written application for appeal is
filed within twenty (20) days after the day the decision, notice, or order was
served.
2. An application for appeal shall be based on a claim that the true intent of
this code or the rules legally adopted thereunder have been incorrectly
interpreted, the provisions of this code do not fully apply, or an equally good or
better form of construction is proposed.
H. Limitations on Authority (Board Powers):
1 . The board has the following powers, duties, and responsibilities:
a. To advise the city council on all mechanical and plumbing code
regulations and procedures.
b. To serve as an appeal body for the decisions of the code official or
the code official's designee.
C. To provide for reasonable interpretations of the mechanical and
plumbing code.
The Mechanical and Plumbing Code Board does not have the
authority to waive the requirements of this code.
I. Notice of Meeting: The board shall meet upon notice from the chairman, within
not less than ten (10) days and not more than sixty (60) days of the filing of an appeal,
at stated periodic meetings, or at the written request of a majority of the members.
J. Open Hearing:
1 . Hearings before the board shall be open to the public and in compliance
with the provisions of the Iowa open meetings law.
2. The appellant, the appellant's representative, the code official, and any
person whose interests are affected shall be given an opportunity to be heard.
K. Hearing Procedure:
1 . The board shall adopt and make available to the public through the
secretary procedures under which a hearing will be conducted. The procedures
shall not require compliance with strict rules of evidence, but shall mandate that
only relevant information be received.
2. A quorum shall consist of a minimum of two-thirds (2/3) of the board
membership.
3. Members of the board shall attend at least two-thirds (2/3) of all regularly
scheduled and held meetings within a twelve (12) month period. If any member
does not attend such prescribed number of meetings, it shall constitute grounds
for the board to recommend to the city council that the member be replaced. The
attendance of all members shall be entered upon the minutes of all meetings.
4. The code official shall file with the city council a copy of the minutes of
each meeting of the board within ten (10) working days after each such meeting
or bV the next regularly scheduled city council meeting, whichever is later.
5. All administrative, personnel, accounting, budgetary, and procurement
policies of the city shall govern the board in its operations.
6. Removal: The city council may remove any member for cause upon
written charges and after a public hearing.
L. Postponed Hearing: Either the city or the appellant may request a postponement
of a hearing subject to the approval of the code official. In no event may a
postponement exceed ninety (90) days beyond the date of the appeal.
M. Board Decision on Appeals: The board may, by majority vote, affirm, modify, or
reverse the decision of the code official.
N. Resolution: The decision of the board shall be by resolution. A written copy shall
be furnished to the appellant and placed in the board'seify records.
O. Administration: The code official shall take immediate action in accordance with
the decision of the board.
P. Court Review: Any person, whether or not a previous party to the appeal, shall
have the right to apply to the appropriate court for a writ of certiorari to correct errors of
law. Application for review shall be made in the manner and time required by law
following the filing of the decision in the office of the code official chief administrative
officer.
Q. Stays of Enforcement: Appeals of notice and orders (other than Imminent Danger
notices) shall stay the enforcement of the notice and order until the appeal is heard by
the appeals board.
OFFICIAL
PUBLICATION
ORDINANCE NO. 55-16
AMENDING ORDI-
NANCE 26-16 WHICH
REPEALED TITLE 14
BUILDING AND DE-
VELOPMENT, CHAP-
TER 1 BUILDING CO-
DES, ARTICLE H '
PLUMBING CODE,
SECTIONS 14-1H-1
INTERNATIONAL
PLUMBIING ' CODE
ADOPTED AND 14-1H-
2 INTERNATIONAL
PLUMBING CODE
AMENDMENTS AND
ADOPTED NEW SEC-
TIONS IN LIEU THERE-
OF '_'ADOPTING THE
2015 INTERNATIONAL
PLUMBING CODE
NOW THEREFORE,
BE IT ORDAINED BY
THE CITY COUNCIL
OF THE. CITY OF DU-
BUQUE, IA:
Section 1. Ordinance
Nor'_ 26-16 is amended
to read as follows:
14-1m-7: MECHANICAL
AND PLUMBING CODE
BOARD:
A. Board Created: In
order, to hear and de-
cide appeals of orders,
decisions, or determi-
nations made by the
code official relative to
the `,application and in-
terpretation of this
I code, there shall be
and is hereby created a
Mechanical and Plumb-
ing Code Board. The
Mechanical and Plumb-
ing Code Board shall be
appointed by the City
Council and shall hold
office at its pleasure.
B. Membership: The
Mechanical and Plumb-
ing Code. Board shall
consist of, seven (7)
residents of the city,
appointed by the City
Council for a' term of
h three (3) years or until
such member's:,succes-
' sor is " appointed and
qualified. Vadancies
must be filled in the
same manner as origi-
nal appointments.
1. Special Qualifica-
tions.
a. Two (2) at -large
members;
b. Five (5) members
who possess <a mini-
mum of one of the fol-
lowing requirements:
.minimum of five (5)
A"years working experi-r'
encein the plumbing
or rmechanical trade,
hold a state certifica-
tion as a,mechanical or
plumbing, cdntractor,';
licensed mechanical or
hydraulic engineer, or,
any combinationnthere
of.
c. Members must be
eighteen (18) years of;,
age or older.
C. Oath: Each person,
upon appointment or
reappointment to the
' board, must execute an
oath of office at the
firstmeeting of the
board following ap-
pointment or reap-
pointment or at the !I
city ';clerk's office any
time prior to the first
meeting of the board
following the appoint-
ment or ' reappoint-
ment.
D. Officers/Organiza-
tion:
—The board must
choose annually a
chairperson and vice -
chairperson, - each to
serve a term of one (1)
year. The code official
is the secretary of the
board. The board must
fill a vacancy among
its officers for the re-
mainder of the officer's
unexpired term.
E. Compensation:
Members serve with-
out compensation, pro-
vided that they may re-
ceive reimbursement
for necessary travel
and other expenses
while on official board
business within the
limits established in.
the city administrative
policies and budget.
F. Disqualification of
Member: A ' member
shall not hear an ap
peal in which that
member has a person-
al, ! professional, or fi-
nancial interest.
G. Application for Ap-
peal:
1."Any.;person affect-
' ed by a decision of the
code official or a notice
or order issued under
this code shall have the
right to appeal to the
Mechanical and Plumb-
ing Code Board, provid-
ed a written applica-
tion- for 'appeal
pplica-tion=for"'appeal is filed
within twenty (20)
days after the day the',
decision, notice, or or-
der was served.
2. An application for
appeal shall be based
on a claim that the true
intent of this code or
the rules legally adopt-
ed thereunder have
been incorrectly inter-
preted, the provisions
of this code do not fully
apply, or an equally
good or better form of
construction is pro-
posed.
H. Limitations on Au-
thority (Board Powers):
1. The board has the
following powers, du-
ties,' and responsibili
ties:
a. To advise the cityI council on all mechani
, cal and plumbing code
regulations and proce-
dures.
b. To serve as an ap-
peal body for the deci-
sions of the code offi-
cial or the code offi-
cial's designee.
c. To provide for rea-
sonable interpretations
of the mechanical and
plumbing code.
The Mechanical and
Plumbing Code Board
does not have the au-
thority to Waive the re-
quirements of this
code.
I. Notice of Meeting:
The board shall meet
upon notice from the
chairman, within not
less than ten (10) days l
and not more than six-
ty (60) days of the fil-
ing of an appeal, at
stated periodic meet-
ings, or at the written
request of a majority of
the members.
J. Open Hearing:
1. Hearings before the
board shall be open to
the public and in com-
pliance with the provi-
sions of the Iowa open .i
meetings law.
2. The appellant, the
, appellant's representa-
tive, the code official,
and any person whose
interests are affected
shall be given an op-
portunity to be heard.
K. Hearing Procedure:
1. The board shall
adopt and make availa-
: ble to the public
through the secretary
procedures under
which a hearing Will be
conducted. The proce-
1 dures shall not require
compliance with strict
rules of evidence, but
shall mandate that on-
ly relevant information
be received.
2. A quorum shall con-
sist of a- minimum of
' two-thirds (2/3) of the
board membership.
3. Members of the
board' shall attend at
least two-thirds (2/3)
of alle regularly sched-
uled and held meetings'.
within a twelve (12)
month period. If any
member does not at-
tend such prescribed
number of; meetings, it
li
shall constitute
grounds for the board
to recommend to the.
city council that the
member be replaced.
The attendance of all
members shall be en-
tered upon the minutes
of all meetings.
4. The code official
shall file with the city I
council a copy, of the
minutes of each meet-
ing of the boardiwithin
ten (10) workr�. days
after each such4meet-
ing, or by the next reg-
ularly scheduledi:city
council meeting,
whichever is later:
5. All administrative,
personnel, accounting,
budgetary, and pro-
curement policies of
the city shall govern
the board in its opera-
tions.
6. Removal: The city
council may remove
any member for cause
upon written charges
and after a public hear-
ing.
L. Postponed Hearing:
Either the city or the
appellant may request
a postponement of a
hearing subject to the
approval of the code
official. In no" event
may 'a postponement
exceed ninety (90)
days beyond the date
of the appeal.
M. Board Decision on
Appeals: The board
may, by majority vote,
affirm, modify, or re-
verse the decision of
the code official.
N. Resolution: The de-
cision of the board
shall be by resolution.
A written copy shall be
furnished to the appel-
lant and placed in the
board's records.
0. Administration:
The code official shall
take immediate action
in accordance with the
decision of the board.
P. Court Review: Any
person, whether or not
a previous party, to the
appeal, shall have the
right to apply to the
appropriate court for a .'
writ of certiorari to
correct errors of law.
Application for review
shall be made in the
manner and time re-
quiredtby law following
the filing of the deci-
sion in the office of the 1
code official chief ad-
ministrative officer.
Q. Stays of Enforce-
ment: Appeals of no -j
tice and orders (otheo l
than Imminent Danger',
notices) shall stay the
enforcement of the no-
tice and order until the
appeal is heard by the
appeals board. i, l
Section 2. This Ordi-
nance takes ' effect
upon publication.
Passed, approved and
adopted this, 17th day
of'October, 2016.
/s/Roy D. Buol,`Mayor
Attest: /s/Kevin<S.
Firnstahl, City Clerk
Published officially in
the Telegraph Herald
newspaper on the 21st
day of October, 2016.
/s/Kevin S. Firnstahl,
City Clerk
It 10/21
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: October 21, 2016, and for which the charge is $75.65.
Subscribed to before me, otary Public in and for Dubuque County, Iowa,
this day of , 20 / .
otary Public in and for Dubuque County, Iowa.
1` F.YY of E R },