6 6 16 City Council Proceedings Official_Regular1
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on June 6, 2016 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Pro-Tem Jones; Council Members Connors, Del Toro, Lynch, Res-
nick, Rios; City Manager Van Milligen, City Attorney Lindahl
Absent: Mayor Buol
Mayor Pro-Tem Jones 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 be-
fore the City Council.
PLEDGE OF ALLEGIANCE
PRESENTATION(S)
1. Mission: Lifeline Award: Heather Maier, Director of Mission: Lifeline for Iowa, pre-
sented the Mission: Lifeline Silver Award to the Dubuque Fire Department representa-
tives Rick Steines and Dave McQuiggin.
2. Main Street Iowa 30th-Year Best Innovation Award: Dubuque Main Street Execu-
tive Director Dan LoBianco presented the Main Street Iowa 30th Year Best Innovation
Award for the Caradco Building and Historic Millwork Complete Streets Project Pub-
lic/Private Partnership.
PROCLAMATIONS
1. Juneteenth Celebration Day (June 18, 2016) was accepted by Multicultural Family
Center Director Farris Muhammad and Assistant Director Sarah Peterson.
2. Healthy Homes Month (June 2016) was accepted by Kim Glaser, of the Housing
and Community Development Department.
3. LGBTQ+ Pride Month (June 2016) was accepted by Vicki Gassman and Haley
Schaar.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Resnick. Motion carried 6-0.
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1. Minutes and Reports Submitted: Airport Commission of 1/25, 2/22, 4/25; Arts and
Cultural Affairs Advisory Commission of 1/26, 2/23 and 3/22; Cable TV Commission of
4/6, 5/18; City Council Proceedings of 5/16, 5/9, 5/23; Community Development Adviso-
ry Commission of 1/20, 3/16, 4/20, 5/18; Housing Commission of 4/26; Human Rights
Commission of 4/11, 4/18; Sister City Relationships Advisory Commission of 5/18; Proof
of Publication for City Council Proceedings of 5/2, 5/9. Upon motion the documents
were received and filed.
2. Notice of Claims and Suits: William and Janet Siegert v. City of Dubuque; Cathy
Triervieler for personal injury. Upon motion the documents were received, filed and re-
ferred to the City Attorney.
3. Disposition of Claims: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As-
surance Pool: Cathy Triervieler for personal injury. Upon motion the documents were
received, filed and concur.
4. Dubuque Golf & Country Club - Fireworks Request: Correspondence from Richard
Bugalski, General Manager/CEO of the Dubuque Golf & Country Club, requesting per-
mission to display fireworks on Monday, July 4, 2016 at about 9:30 p.m. on the DG&CC
grounds with a rain date of Tuesday, July 5. Upon motion the documents were received,
filed and approved.
5. Environmental Review - Pinard Park: City Manager recommending approval for the
execution of the Environmental Review Record stating that the Pinard Park Lighting
Project is Categorically Excluded from the National Environmental Policy Act of 1969.
Upon motion the documents were received, filed and approved.
6. 2016-2017 AmeriCorps Partners in Learning Grant Application: City Manager rec-
ommending approval of the AmeriCorps Partners in Learning Campaign for Grade Level
Reading grant application filed with the Iowa Commission on Volunteer Services. Upon
motion the documents were received, filed and approved.
7. Truck Country Sanitary Sewer North Extension Project Award: City Manager rec-
ommending that the award for the Truck Country Sanitary Sewer North Extension Pro-
ject to Top Grade Excavating, Inc., be officially recorded in the minutes of the City
Council. Upon motion the documents were received, filed and made a Matter of Record.
8. 2016 Asphalt Overlay Access Ramps Project One Project Award: City Manager
recommending that the award for the 2016 Asphalt Overlay Access Ramp Project One
to Dan Arensdorf Construction, Inc., be officially recorded in the minutes of the City
Council. Upon motion the documents were received, filed and made a Matter of Record.
9. Roosevelt Street Extension Storm Sewer and Electrical Utility Easements Project
Acceptance: City Manager recommending acceptance of Storm Sewer and Electrical
Utility Easements from Dubuque Fire Equipment, Inc. for an existing storm sewer and
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electrical utility across property at 1170 Roosevelt Street Extension. Upon motion the
documents were received and filed and Resolution No. 201-16 Accepting a Grant of
Easement for storm sewer and electrical utility through, over and across Lot 4, Plat of
Block 1, Riverfront Subdivision No. 5, in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 201-16
ACCEPTING A GRANTS OF EASEMENT FOR STORM SEWER AND ELECTRICAL
UTILITY THROUGH, OVER AND ACROSS LOT 4, PLAT OF BLOCK 1, RIVER-
FRONT SUBDIVISION NO. 5, IN THE CITY OF DUBUQUE, IOWA
Whereas, Dubuque Fire Equipment Inc. and the City of Dubuque wish to set forth
terms for the construction, maintenance, and replacement of site improvements over an
existing storm sewer and electrical utility located in Lot 4, Plat of Block 1, Riverfront
Subdivision No. 5, in the City of Dubuque, Dubuque County, Iowa; and
Whereas, Dubuque Fire Equipment Inc. have executed Easements for Storm Sewer
and Electrical Utility in through, over and across Lot 4, Plat of Block 1, Riverfront Subdi-
vision No. 5, 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. The City Council of the City of Dubuque, Iowa, hereby approves of, ac-
cepts and consents to the Grants of Easement for Storm Sewer and Electrical Utility
through, over and across Lot 4, Plat of Block 1, Riverfront Subdivision No. 5, in the City
of Dubuque, Dubuque County, Iowa from Dubuque Fire Equipment Inc., copies of which
are attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Passed, approved and adopted this 6th day of June, 2016.
Ric W. Jones, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
10. Bunker Hill Golf Course Irrigation Project Phase 2 Acceptance: City Manager
recommending acceptance of the construction contract for the Bunker Hill Irrigation Pro-
ject Phase 2, as completed by Leibold Irrigation Inc. Upon motion the documents were
received and filed and Resolution No. 202-16 Accepting the Bunker Hill Irrigation Pro-
ject Phase 2 and authorizing the payment of the contract amount to the contractor was
adopted.
RESOLUTION NO. 202-16
ACCEPTING THE BUNKER HILL IRRIGATION PROJECT PHASE 2 AND AUTHOR-
IZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Bunker Hill Irrigation Project Phase 2 (the Project) has been completed
and the City Engineer has examined the work and filed a certificate stating that the Pro-
ject has been completed according to the terms of the Public Improvement Contract and
that the City Engineer recommends that the Project be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. The recommendation of the City Engineer is approved and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the
Bunker Hill Golf Course Irrigation Capital Improvement appropriation for the contract
amount of $196,640 less any retained percentage provided for therein as provided in
Iowa Code chapter 573, and to pay such retainage only in accordance with the provi-
sions of Iowa Code chapter 573.
Passed, approved and adopted this 6th day of June, 2016.
Ric W Jones, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE BUNKER HILL
IRRIGATION PROJECT PHASE 2
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the Bunker Hill Irrigation Project Phase 2, that the Project has been per-
formed in compliance with the terms of the Public Improvement Contract, and that the
total cost of the completed work is $196,640.
Dated this 26th day of May, 2016.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 31st day of May, 2016.
/s/Kevin S. Firnstahl, City Clerk
11. PEG Capital Grant Expenditure Request: City Manager recommending approval
of the Cable TV Commission recommendation for funding from the Public, Educational,
and Government (PEG) Capital Grant for Access Equipment and Facilities for the City
of Dubuque to perform a high-definition upgrade of the production facilities at the Histor-
ic Federal Building. Upon motion the documents were received, filed and approved.
12. Pre-Annexation Agreement – Firzlaff: City Manager recommending approval of a
Pre-Annexation Agreement with Corey Firzlaff, property owner of Lot 15 in Twin Ridge
Subdivision No. 2. Upon motion the documents were received and filed and Resolution
No. 203-16 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa
and Corey Firzlaff was adopted.
RESOLUTION NO. 203-16
APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND COREY FIRZLAFF
Whereas, Corey Firzlaff, owner of the following described property in Dubuque Coun-
ty, Iowa (the Property) have submitted to the City Council of the City of Dubuque an ap-
plication for voluntary annexation of the Property to the City of Dubuque:
Lots 15 in Twin Ridge Subdivision No. 2 in Section 12 in Table Mound Township,
Dubuque County, Iowa, according to the recorded plat thereof; and
Whereas, Corey Firzlaff has entered into a Pre-annexation Agreement with the City
of Dubuque a copy of which is attached hereto governing the future annexation of the
Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
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Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property
in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan
of the City of Dubuque, necessary for the future orderly growth and development of the
City of Dubuque, and will promote efficient and cost effective extension of municipal
services; and
Whereas, the City Council finds that the annexation of the Property is in the public in-
terest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre-annexation Agreement by and between Corey Firzlaff and the
City of Dubuque is hereby approved.
Passed, approved and adopted this 6th day of June, 2016.
Ric W. Jones, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
13. Approval of Plat of Survey - Stone Brook Center Second Addition: City Manager
recommending approval of the Plat of Survey of Lot 1 of Lot A and Lot 2 of Lot A of
Stone Brook Center Second Addition. Upon motion the documents were received and
filed and Resolution No.204-16 Approving Plat of proposed vacated right-of-way of
Stone Valley Drive between U.S. Highway 20 and Boulder Brook Court, being part of
Lots A of Stone Brook Center Second Addition, in the City of Dubuque, Iowa was
adopted.
RESOLUTION NO. 204-16
APPROVING PLAT OF PROPOSED VACATED RIGHT OF WAY OF STONE VALLEY
DRIVE BETWEEN U.S. HIGHWAY 20 AND BOULDER BROOK COURT, BEING
PART OF LOTS A OF STONE BROOK CENTER SECOND ADDITION, IN THE CITY
OF DUBUQUE, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa,
a plat dated May 13, 2016 prepared by AECOM, showing the vacated portion of Stone
Valley Drive from U.S. Highway 20 to Boulder Brook Court and assigned lot numbers
thereto, to be known as Lot 1 of Lot A and Lot 2 of Lot A of Stone Brook Center Second
Addition, in the City of Dubuque, Iowa; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated May 13, 2016 prepared by AECOM, relative to the real
estate hereinabove described be and the same is hereby approved, and the Mayor and
City Clerk be and they are hereby authorized and directed to execute said plat for and
on behalf of the City of Dubuque, Iowa.
Section 2. That the City Clerk be and is hereby authorized and directed to file said
plat and certified copy of this resolution in the office of the Recorder in and for Dubuque
County, Iowa.
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Passed, approved and adopted this 6th day of June, 2016.
Ric W. Jones, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
14. First Amendment to Development Agreement - Friends of St. Mary's / Steeple
Square: City Manager recommending approval of the First Amendment to Development
Agreement with Friends of St. Mary's d/b/a Steeple Square for development of 1501
Jackson Street. Upon motion the documents were received and filed and Resolution
No. 205-16 Approving a First Amendment to Development Agreement by and between
the City of Dubuque, Iowa and Friends of St. Mary’s D/B/A/ Steeple Square was adopt-
ed.
RESOLUTION NO. 205-16
APPROVING A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF DUBUQUE, IOWA AND FRIENDS OF ST. MARY’S D/B/A/
STEEPLE SQUARE
Whereas, the City Council, by Resolution No. 176-16, dated May 2, 2016, entered in-
to a Development Agreement with Friends of St. Mary’s d/b/a/ Steeple Square for the
redevelopment of 1501 Jackson Street in the City of Dubuque, Iowa (the Property); and
Whereas, City and Developer desire to amend the Development Agreement; and
Whereas, it is the determination of the City Council that approval of the First Amend-
ment to Development Agreement is in the public interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the First Amendment to Development Agreement by and between the
City of Dubuque and Friends of St. Mary’s d/b/a/ Steeple Square, a copy of which is at-
tached hereto, is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the First
Amendment to Development Agreement on behalf of the City of Dubuque and the City
Clerk is authorized and directed to attest to his signature.
Section 3. That the City Manager is authorized to take such actions as are necessary
to comply with the terms of the First Amendment to Development Agreement as herein
approved.
Passed, approved and adopted this 6th day of June, 2016.
Ric W. Jones, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
15. IDOT Emergency Detour Route Agreement - 3rd Street Bridge: City Manager rec-
ommending approval for the Mayor to execute an agreement with the Iowa DOT for the
use of local roads as an authorized detour route for the 3rd Street Bridge Overpass Deck
Joint Repair Project scheduled for mid-September 2016. Upon motion the documents
were received and filed and Resolution No. 206-16 Approving the Iowa Department of
Transportation Agreement for use of local agency roads as a detour route for the 3rd
Street Bridge Overpass Deck Joint Repair Project over US 52/61/151 was adopted.
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RESOLUTION NO. 206-16
APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR
USE OF LOCAL AGENCY ROADS AS A DETOUR ROUTE FOR THE 3RD STREET
BRIDGE OVERPASS DECK JOINT REPAIR PROJECT OVER US 52/61/151
Whereas, the Iowa Department of Transportation is proceeding with the 3rd Street
Bridge Overpass Deck Joint Repair Project over US 52/61/151; and
Whereas, the project would require the use of local agency roads as a detour route.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That said Agreement for Use of Local Agency Roads as a detour route
with the Iowa Department of Transportation is hereby approved for the 3rd Street Bridge
Overpass Deck Joint Repair Project.
Section 2. That the Mayor be authorized and directed to execute two copies of said
Agreement for Use of Local Agency Roads as a detour route with the Iowa Department
of Transportation for the 3rd Street Bridge Overpass Deck Joint Repair Project over US
52/61/151.
Passed, approved and adopted this 6th day of June, 2016.
Ric W. Jones, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
16. SW Arterial - North Cascade Road Reconstruction Project Acceptance: City
Manager recommending acceptance of the public improvement construction contract for
the Southwest Arterial – North Cascade Road Reconstruction Project as completed by
C. J. Moyna & Sons, Inc. Upon motion the documents were received and filed and Res-
olution No. 207-16 Accepting the Southwest Arterial - North Cascade Road Reconstruc-
tion Project, Iowa DOT Project No. HDP-2100 (655)--71-31 and authorizing the payment
of the contract amount to the contractor was adopted.
RESOLUTION NO. 207-16
ACCEPTING THE SOUTHWEST ARTERIAL - NORTH CASCADE ROAD RECON-
STRUCTION PROJECT, IOWA DOT PROJECT NO. HDP-2100 (655)--71-31 AND
AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRAC-
TOR
Whereas, the Southwest Arterial - North Cascade Road Reconstruction Project, Iowa
DOT Project No. HDP-2100 (655)--71-31 (the Project) has been completed and the City
Engineer has examined the work and filed a certificate stating that the Project has been
completed according to the terms of the Public Improvement Contract and that the City
Engineer recommends that the Project be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the
Southwest Arterial Capital Improvement appropriation for the contract amount of
$1,782,128.51 less any retained percentage provided for therein as provided in Iowa
8
Code chapter 573, and to pay such retainage only in accordance with the provisions of
Iowa Code chapter 573.
Passed, approved and adopted this 6th day of June, 2016.
Ric W. Jones, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE NORTH CAS-
CADE ROAD RECONSTRUCTION PROJECT (PHASE I OF THE SOUTHWEST AR-
TERIAL PROJECT), IOWA DOT PROJECT NO. HDP-2100 (655)--71-31
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the Southwest Arterial - North Cascade Road Reconstruction Project, Io-
wa DOT Project No. HDP-2100 (655)--71-31, and that the Project has been performed
in compliance with the terms of the Public Improvement Contract, and that the total cost
of the completed work is $2,155,308.10.
Dated this 2nd day of June, 2016.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 2nd day of June, 2016.
/s/Kevin S. Firnstahl, City Clerk
17. Property Acquisition - Colts Building, 1101 Central Avenue: City Manager rec-
ommending approval of a resolution authorizing the purchase of 1101 Central Avenue
for the appraised value and accept the deed for the property owned by Legionnaires
Drum & Bugle Corps Inc. DBA Colts Drum & Bugle Corps. Upon motion the documents
were received and filed and Resolution No. 208-16 Approving the acquisition of real es-
tate owned by Legionnaires Drum & Bugle Corps, Inc. D/B/A Colts Drum & Bugle Corps
located at 1101 Central Avenue in the City of Dubuque was adopted.
RESOLUTION NO. 208-16
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY LEGIONNAIRES
DRUM & BUGLE CORPS INC. D/B/A COLTS DRUM & BUGLE CORPS LOCATED
AT 1101 CENTRAL AVENUE, IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque intends to acquire certain real estate located at 1101
Central Avenue, which is adjacent to the Multicultural Family Center located in the Ruby
Sutton Building at 1157 Central Avenue and legally described as:
South 2/5th of Lot 447 in the City of Dubuque, Iowa, according to the United
States Commissioners’ Map of the Town of Dubuque, Iowa; and
Whereas, acquiring the certain real estate would allow for expansion of the Multicul-
tural Family Center; and
Whereas, an Offer to Buy has been finalized with Legionnaires Drum & Bugle Corps
Inc. d/b/a/ Colts Drum & Bugle Corps.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council of the City of Dubuque, Iowa hereby approves the
acquisition of the real estate located at 1101 Central Avenue at the cost of Four Hun-
dred Forty-Three Thousand Dollars ($443,000.00).
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Section 2. That the City Council of the City of Dubuque, Iowa hereby approves the
Offer to Buy Real Estate and Acceptance attached hereto subject to review of the up-
dated abstracts and title opinions by the City Attorney’s Office.
Section 3. That the City of Dubuque be and is hereby authorized to accept a Warran-
ty Deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa for
the herein described real estate.
Section 4. That the City Clerk be and is hereby authorized and directed to cause said
Warranty Deed to be recorded in the office of the Dubuque County Recorder, together
with a certified copy of this Resolution.
Passed, approved and adopted this 6th day of June, 2016.
Ric W. Jones, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
18. Property Acquisition - The Barony, Inc.: City Manager recommending approval of
a resolution establishing and setting the fair market value based on the certified Acquisi-
tion Appraisal and Review Appraisal for property owned by The Barony, Inc. to be ac-
quired for the purpose of construction of public utilities. Upon motion the documents
were received and filed and Resolution No. 209-16 Establishing Fair Market Value, Di-
recting Good Faith Negotiations, and Authorizing the Commencement of Eminent Do-
main Proceedings for the Acquisition of Certain Real Property Owned by The Barony,
Inc. in Dubuque County, Iowa for the Purpose of Construction of Public Utilities was
adopted.
RESOLUTION NO. 209-16
ESTABLISHING FAIR MARKET VALUE, DIRECTING GOOD FAITH NEGOTIA-
TIONS, AND AUTHORIZING THE COMMENCEMENT OF EMINENT DOMAIN PRO-
CEEDINGS FOR THE ACQUISITION OF CERTAIN REAL PROPERTY OWNED BY
THE BARONY INC. IN DUBUQUE COUNTY, IOWA FOR THE PURPOSE OF CON-
STRUCTION OF PUBLIC UTILITIES
Whereas, the City of Dubuque (City) intends to acquire certain real property owned
by The Barony Inc. (Owner) legally described as follows:
Lot A of Goldthorp Place in the County of Dubuque, Iowa;
Lot B of Goldthorp Place in the County of Dubuque, Iowa;
Lot C of Goldthorp Place in the County of Dubuque, Iowa;
Lot D of Goldthorp Place in the County of Dubuque, Iowa
(the Property) as shown on Attachment A for the purpose of construction of public
utilities; and
Whereas, the City has caused an appraisal of the Property to be made and the ap-
praised value of the Property is $44,500.00; and
Whereas, the City Council now desires to establish the fair market value of the Prop-
erty; and
Whereas, Iowa law requires the City to make a good faith effort to negotiate with the
Owner to purchase the Property before proceeding with condemnation.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
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Section 1. The fair market value of the Property is hereby established to be
$44,500.00.
Section 2. The City of Dubuque is hereby authorized to commence negotiations with
the Owner of the Property and any other interested parties for the purchase of the
Property for a purchase price which is not less than the fair market value established by
this Resolution.
Section 3. If good faith negotiations are unsuccessful, the City of Dubuque is hereby
authorized to commence eminent domain proceedings for the acquisition of the Proper-
ty for the purpose of construction of public utilities.
Passed, approved, and adopted this 6th day of June, 2016.
Ric W. Jones, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
19. Southwest Arterial Property Acquisition - Parcel 150B Ronald & Marlene Valen-
tine: City Manager recommending acceptance of Grants of Easement and Deed from
Ronald L. and Marlene Valentine for the Southwest Arterial Project. Upon motion the
documents were received and filed and Resolution No. 210-16 Accepting a Grant of
Permanent and Temporary Easements for the Southwest Arterial Project from Ronald L.
Valentine and Marlene Valentine; and Resolution No. 211-16 Accepting a Deed for the
Southwest Arterial Project from Ronald L. Valentine and Marlene Valentine were adopt-
ed.
RESOLUTION NO. 210-16
ACCEPTING A GRANT OF PERMANENT AND TEMPORARY EASEMENTS FOR
THE SOUTHWEST ARTERIAL PROJECT FROM RONALD L. VALENTINE AND
MARLENE VALENTINE
Whereas, the City of Dubuque entered into an agreement for the purchase of ease-
ments for the Southwest Arterial Project with Ronald L. Valentine and Marlene Valentine
for the property legally described as:
A PARCEL OF LAND SITUATED IN PART OF THE SOUTHEAST 1/4 OF SEC-
TION 3, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY
OF DUBUQUE, STATE OF IOWA, as shown on the Easement exhibits attached
hereto; and
Whereas, the terms of the agreement have been satisfied.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
1. The Grant of Permanent and Temporary Easements attached hereto is hereby ac-
cepted.
2. The City Clerk is authorized and directed to record this resolution and the Grant of
Permanent and Temporary Easements with the Dubuque County Recorder.
Passed, approved and adopted this 6th day of June, 2016.
Ric W. Jones, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
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RESOLUTION NO. 211-16
ACCEPTING A DEED FOR THE SOUTHWEST ARTERIAL PROJECT FROM
RONALD L. VALENTINE AND MARLENE VALENTINE
Whereas, the City of Dubuque entered into an agreement for the purchase of real es-
tate for the Southwest Arterial Project with Ronald L. Valentine and Marlene Valentine
for the property legally described as follows:
A PARCEL OF LAND SITUATED IN PART OF THE SOUTHEAST 1/4 OF SEC-
TION 3, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY
OF DUBUQUE, STATE OF IOWA, as shown on the Acquisition Plat attached
hereto; and
Whereas, the terms of the agreement have been satisfied.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
1. The deed attached hereto is hereby accepted.
2. The City Clerk is authorized and directed to record this resolution and the deed
with the Dubuque County Recorder.
Passed, approved and adopted this 6th day of June, 2016.
Ric W. Jones, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
20. Southwest Arterial Property Acquisition - Parcel 129S John & Carolyn Haupert:
City Manager recommending acceptance of Deed from John C. Haupert and Carolyn S.
Haupert for the Southwest Arterial Project. Upon motion the documents were received
and filed and Resolution No. 212-16 Accepting a Deed for the Southwest Arterial Pro-
ject from John C. Haupert and Carolyn S. Haupert was adopted.
RESOLUTION NO. 212-16
ACCEPTING A DEED FOR THE SOUTHWEST ARTERIAL PROJECT FROM JOHN
C. HAUPERT AND CAROLYN S. HAUPERT
Whereas, the City of Dubuque entered into an agreement for the purchase of real es-
tate for the Southwest Arterial Project with John C. Haupert and Carolyn S. Haupert for
the property legally described as follows:
A PARCEL OF LAND SITUATED IN PART OF THE NORTH 1/2 OF THE
NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 5, TOWNSHIP 88
NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE
OF IOWA, as shown on the Acquisition Plat attached hereto; and
Whereas, the terms of the agreement have been satisfied.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
1. The deed attached hereto is hereby accepted.
2. The City Clerk is authorized and directed to record this resolution and the deed
with the Dubuque County Recorder.
Passed, approved and adopted this 6th day of June, 2016.
Ric W. Jones, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
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21. Southwest Arterial Property Acquisition - Parcel 127B English Ridge, LLC: City
Manager recommending acceptance of a Grant of Easement and Deed from English
Ridge, LLC for the Southwest Arterial Project. Upon motion the documents were re-
ceived and filed and Resolution No. 213-16 Accepting a Grant of Temporary Construc-
tion Easement for the Southwest Arterial Project from English Ridge, LLC; and Resolu-
tion No. 214-16 Accepting a Deed for the Southwest Arterial Project from English Ridge,
LLC were adopted.
RESOLUTION NO. 213-16
ACCEPTING A GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR THE
SOUTHWEST ARTERIAL PROJECT FROM ENGLISH RIDGE, LLC
Whereas, the City of Dubuque entered into an agreement for the purchase of an
easement for the Southwest Arterial Project with English Ridge, LLC for the property
legally described as:
A PARCEL OF LAND SITUATED IN PART OF LOT J OF ENGLISH RIDGE SUB-
DIVISION, CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, as
more particularly shown on the Temporary Easement exhibit attached hereto; and
Whereas, the terms of the agreement have been satisfied.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
1. The Grant of Temporary Construction Easement attached hereto is hereby ac-
cepted.
2. The City Clerk is authorized and directed to record this resolution and the Grant of
Easement with the Dubuque County Recorder.
Passed, approved and adopted this 6th day of June, 2016.
Ric W. Jones, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 214-16
ACCEPTING A DEED FOR THE SOUTHWEST ARTERIAL PROJECT FROM ENG-
LISH RIDGE, LLC
Whereas, the City of Dubuque entered into an agreement for the purchase of real es-
tate for the Southwest Arterial Project with English Ridge, LLC for the property legally
described as follows:
A PARCEL OF LAND SITUATED IN PART OF LOT J OF ENGLISH RIDGE SUB-
DIVISION, CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA as
shown on the Acquisition Plat attached hereto; and
Whereas, the terms of the agreement have been satisfied.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
1. The deed attached hereto is hereby accepted.
2. The City Clerk is authorized and directed to record this resolution and the deed
with the Dubuque County Recorder.
Passed, approved and adopted this 6th day of June, 2016.
Ric W. Jones, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
13
22. Southwest Arterial Property Acquisition - Parcel 126 Portzen Building Firm, LLC:
City Manager recommending acceptance of Grants of Easement and Deed from
Portzen Building Firm, LLC for the Southwest Arterial Project. Upon motion the docu-
ments were received and filed and Resolution No. 215-16 Accepting a Grant of Perma-
nent and Temporary Easements for the Southwest Arterial Project from Portzen Build-
ing Firm, LLC; and Resolution No. 216-16 Accepting a Deed from the Southwest Arterial
Project from Portzen Building Firm, LLC were adopted.
RESOLUTION NO. 215-16
ACCEPTING A GRANT OF PERMANENT AND TEMPORARY EASEMENTS FOR
THE SOUTHWEST ARTERIAL PROJECT FROM PORTZEN BUILDING FIRM LLC
Whereas, the City of Dubuque entered into an agreement for the purchase of ease-
ments for the Southwest Arterial Project with Portzen Building Firm LLC for the property
legally described as:
A PARCEL OF LAND SITUATED IN PART OF LOT 3 OF STONE BROOK CEN-
TER SECOND ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY,
IOWA, as shown on the Easement exhibits attached hereto; and
Whereas, the terms of the agreement have been satisfied.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
1. The Grant of Permanent and Temporary Easements attached hereto is hereby ac-
cepted.
2. The City Clerk is authorized and directed to record this resolution and the Grant of
Permanent and Temporary Easements with the Dubuque County Recorder.
Passed, approved and adopted this 6th day of June, 2016.
Ric W. Jones, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 216-16
ACCEPTING A DEED FOR THE SOUTHWEST ARTERIAL PROJECT FROM
PORTZEN BUILDING FIRM, LLC
Whereas, the City of Dubuque entered into an agreement for the purchase of real es-
tate for the Southwest Arterial Project with Portzen Building Firm, LLC for the property
legally described as follows:
A PARCEL OF LAND SITUATED IN PART OF LOT 3 OF STONE BROOK CEN-
TER SECOND ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY,
IOWA as shown on the Acquisition Plat attached hereto; and
Whereas, the terms of the agreement have been satisfied.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
1. The deed attached hereto is hereby accepted.
2. The City Clerk is authorized and directed to record this resolution and the deed
with the Dubuque County Recorder.
14
Passed, approved and adopted this 6th day of June, 2016.
Ric W. Jones, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
23. Southwest Arterial Property Acquisition - Parcel 125 Neztrop, LLC: City Manager
recommending acceptance of Deed from NEZTROP, LLC for the Southwest Arterial
Project. Upon motion the documents were received and filed and Resolution No. 217-16
Accepting a Deed for the Southwest Arterial Project from NEZTROP, LLC was adopted.
RESOLUTION NO. 217-16
ACCEPTING A DEED FOR THE SOUTHWEST ARTERIAL PROJECT FROM
NEZTROP, LLC
Whereas, the City of Dubuque entered into an agreement for the purchase of real es-
tate for the Southwest Arterial Project with Neztrop, LLC for the property legally de-
scribed as follows:
A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF STONE BROOK CEN-
TER SECOND ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY,
IOWA as shown on the Acquisition Plat attached hereto; and
Whereas, the terms of the agreement have been satisfied.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
1. The deed attached hereto is hereby accepted.
2. The City Clerk is authorized and directed to record this resolution and the deed
with the Dubuque County Recorder.
Passed, approved and adopted this 6th day of June, 2016.
Ric W. Jones, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
24. Southwest Arterial Property Acquisition - Parcel 101 Dubuque Metropolitan Area
Solid Waste Agency: City Manager recommending acceptance of a Grant of Easement
and Deed from the Dubuque Metropolitan Area Solid Waste Agency for the Southwest
Arterial Project. Upon motion the documents were received and filed and Resolution No.
218-16 Accepting a Grant of Permanent Utility Easement for the Southwest Arterial Pro-
ject from Dubuque Metropolitan Area Solid Waste Agency; and Resolution No. 219-16
Accepting a Deed for the Southwest Arterial Project from Dubuque Metropolitan Area
Solid Waste Agency were adopted.
RESOLUTION NO. 218-16
ACCEPTING A GRANT OF PERMANENT UTILITY EASEMENT FOR THE SOUTH-
WEST ARTERIAL PROJECT FROM DUBUQUE METROPOLITAN AREA SOLID
WASTE AGENCY
Whereas, the City of Dubuque entered into a Purchase Agreement for the purchase
of a permanent utility easement for the Southwest Arterial Project with Dubuque Metro-
politan Area Solid Waste Agency legally described as:
A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 2 OF 1 OF THE NORTH
1/2 OF THE NORTHEAST 1/4, SECTION 6, TOWNSHIP 88 NORTH, RANGE 2
15
EAST OF THE 5TH P.M., CITY OF DUBUQUE, DUBUQUE COUNTY, STATE OF
IOWA, as more particularly shown on the Permanent Utility Easement exhibit at-
tached hereto; and
Whereas, the terms of the Purchase Agreement have been satisfied.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
1. The Grant of Permanent Utility Easement attached hereto is hereby accepted.
2. The City Clerk is authorized and directed to record this Resolution and the Grant of
Permanent Utility Easement with the Dubuque County Recorder.
Passed, approved and adopted this 6th day of June, 2016.
Ric W. Jones, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 219-16
ACCEPTING A DEED FOR THE SOUTHWEST ARTERIAL PROJECT FROM DUBU-
QUE METROPOLITAN AREA SOLID WASTE AGENCY
Whereas, the City of Dubuque entered into an agreement for the purchase of real es-
tate for the Southwest Arterial Project with Dubuque Metropolitan Area Solid Waste
Agency legally described as:
A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 2 OF 1 OF THE NORTH
1/2 OF THE NORTHEAST 1/4, SECTION 6, TOWNSHIP 88 NORTH, RANGE 2
EAST OF THE 5TH P.M., CITY OF DUBUQUE, DUBUQUE COUNTY, STATE OF
IOWA as shown on the Acquisition Plat attached hereto; and
Whereas, the terms of the agreement have been satisfied.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
1. The Deed attached hereto is hereby accepted.
2. The City Clerk is authorized and directed to record this Resolution and the Deed
with the Dubuque County Recorder.
Passed, approved and adopted this 6th day of June, 2016.
Ric W. Jones, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
25. Workers' Compensation Settlement for Charles Klein: City Attorney recommend-
ing approval of an Agreement for Settlement regarding a Workers’ Compensation claim
that was filed against the City of Dubuque by Charles Klein. Upon motion the docu-
ments were received, filed and approved.
26. Request for Proposals - Consultant Services for ADA Review and Update of Self-
Evaluation and Transition Plan: City Manager recommending approval to release a Re-
quest for Proposals to provide consultant services for an ADA Review and Update of
Self-Evaluation and Transition Plan. Upon motion the documents were received, filed
and approved.
16
27. Employee Assistance Program: City Manager recommending approval of the se-
lection of Employee and Family Resources as the City’s Employee Assistance Program
provider. Upon motion the documents were received, filed and approved.
28. Request for Release of Funds for Fiscal Year 2017 Community Development
Block Grant Activities: City Manager recommending approval of a Resolution authoriz-
ing the Request for Release of Funds for the proposed projects approved in the Fiscal
Year 2017 (Program Year 2016) Annual Action Plan for Community Development Block
Grant (CDBG) activities. Upon motion the documents were received and filed and Reso-
lution No. 220-16 Authorizing Request for Release of Community Development Block
Grant Funds for Fiscal Year 2017 (Program Year 2016) was adopted.
RESOLUTION NO. 220-16
AUTHORIZING REQUEST FOR RELEASE OF COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS FOR FISCAL YEAR 2017 (PROGRAM YEAR 2016)
Whereas, the City of Dubuque will enter into a Community Development Block Grant
Agreement for the Fiscal Year commencing July 1, 2016, with the U.S. Department of
Housing and Urban Development, providing for financial assistance to the City under
Title I of the Housing and Community Development Act of 1974, as amended; and
Whereas, pursuant to the rules and regulations as promulgated by the U.S. Depart-
ment of Housing and Urban Development, an environmental review has been pro-
cessed for the hereinafter listed projects to be financed with Community Development
Block Grant funds; and
Whereas, a Notice of Intent to Request Release of Funds for said grants has been
published on May 27, 2016 to commence the required seven (7) day public comment
period; and
Whereas, any and all comments received as a result of such notice will be duly con-
sidered before proceeding with a Request for Release of Funds and Certification, and
Whereas, a Request for Release of Funds and Certification must be sent to the U.S.
Department of Housing and Urban Development at the conclusion of the comment peri-
od.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor of the City of Dubuque is hereby authorized and directed
to execute a Request for Release of Funds and Certification for the following identified
Community Development Block Grant projects on or about June 6, 2016 and submit to
the U.S. Department of Housing and Urban Development.
Community Development Block Grant Annual Plan Projects
Fiscal Year 2017 (Program Year 2016)
Housing Programs: First Time Home Buyer Program; Homeowner Rehabilitation
(Home Repair Loan Program; Residential Rehabilitation Loan Program); Housing Code
Enforcement; Housing Rehabilitation Services and Staff; Lead Hazard Control; Rental
Unit Rehabilitation (Emergency Code Enforcement Loan Program; Accessibility Rehab;
Rental Rehabilitation); Purchase Rehab Resale.
17
Economic Development Programs: Commercial Industrial Building Rehab program
and Revolving Loan Fund; Economic Development Financial Assistance Program and
Microenterprise Assistance Program
Neighborhood and Community Development Programs: Accessible Curb Ramps;
Neighborhood Infrastructure Improvements (Neighborhood Street Overlays; Neighbor-
hood Sidewalk Program); Neighborhood Recreation Program; Neighborhood Support
Grants; Purchase of Services; Senior Center; Washington Tool Library; Zoning Inspec-
tion/ Enforcement; Four Mounds HEART Program.
Planning and Administration: CDBG Administration Services and Staff; Neighborhood
Development Services and Staff, Housing Planning/Administrative Services and Staff.
No funds will be committed prior to completion of a review for other related laws of 24
CFR 58.5, including Section 106, if required, for site-specific projects that are currently
unidentified.
Section 2. That the Mayor of the City of Dubuque is hereby authorized to consent to
assume the status of a responsible federal official under the National Environmental
Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of
Housing and Urban Development responsibilities for review, decision making, and ac-
tion assumed and carried out by the City of Dubuque as to environmental issues.
Section 3. That the Mayor of the City of Dubuque is hereby authorized to consent
personally, in his official capacity and on behalf of the City of Dubuque, to accept the
jurisdiction of the federal courts if an action is brought to enforce responsibilities in rela-
tion to environmental review, decision-making and action.
Passed, approved and adopted this 6th day of June, 2016.
Ric W. Jones, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
29. Signed Contracts: Short-Term Lease Agreement with Robert Bradley for tillable
property in Franklin D. Roosevelt Park. Upon motion the document was received and
filed.
30. Improvement Contracts / Performance, Payment and Maintenance Bonds: SEL-
CO, Inc. for the 2016 Pavement Marking Project; Gansen Excavating, Inc. for the South
Fork Catfish Creek to Timber-Hyrst Estates #4 North & South Lines Creek Crossings
2016; Portzen Construction, Inc. for the North Grandview Avenue and Delhi Street
Roundabout Intersection Improvement Project; Visuewer, Inc. for the FY 2016 Sew-
ershed 5, 7, 11 & 12 Manhole Project. Upon motion the documents were received, filed
and approved.
31. Alcohol Compliance Civil Penalty for Alcohol License Holder – Mindframe Thea-
ters: City Manager recommending approval of the Acknowledgment/Settlement Agree-
ment for an alcohol compliance violation for Mindframe Theaters, 555 John F. Kennedy
Road, #105. Upon motion the documents were received, filed and approved.
32. Business License Refund: Request by Tom Thompson for a refund of the liquor
license BC0020560 for Oky Doky #8 located at 535 Hill Street in the amount of $150.00.
Upon motion the document was received, filed and approved.
18
33. Alcohol License Applications: City Manager recommending approval of annual
beer, liquor and wine licenses as submitted. Upon motion the documents were received
and filed and Resolution No. 221-16 Approving applications for beer, liquor, and/or wine
permits, as required by City of Dubuque Code of Ordinances Title 4 Business and Li-
cense Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses
and Permits was adopted.
RESOLUTION NO. 221-16
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:
Renewal
Beecher Beverage, 1691 Asbury Rd., Class E liquor, Class B Wine, Class C Beer (Sun-
day)
Dubuque Bowling Lanes, 1029 1/2 Main St., Class C Liquor (Sunday)
Hilton Garden Inn & Mystique Casino, 1801 & 1855 Greyhound Park Dr., Class B Liq-
uor, Class B Wine, (Catering) (Outdoor) (Sunday)
Hy-Vee Wine & Spirits A, 3500 Dodge St., Class E liquor, Class B Wine, Class C Beer
(Sunday)
Kwik Star #236, 2035 J.F. Kennedy Rd., Class C Beer, Class B Native Wine (Sunday)
Mi Ranchito, 1091 University Ave., Class C Liquor (Sunday)
Ooh La La, 3460 Hillcrest Rd., Class B Wine
The Smokestack, 62 East 7th St., Class C Liquor (Living Qtrs.) (Sunday)
Walgreens #11942, 345 E 20th St., Class E liquor, Class B Wine, Class C Beer (Sun-
day)
Adding Privilege
Magoo’s Pizza, 1875 University Ave., Adding Outdoor Service
Special Event,
Dubuque Irish Hooley 8-25-16, Alliant Amphitheater, Class C liquor (Outdoor)
Passed, approved and adopted this 6th day of June, 2016.
Ric W. Jones, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
19
ITEMS 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 Lynch. Motion carried 6-0.
1. 30-Inch Force Main Relocation Project from 11th Street to 12th Street: City Manager
recommending initiation of the public bidding procedure for Phase II of the 30-Inch
Force Main Relocation Project from 11th Street to 12th Street, and further recommends
that a public hearing be set for June 20, 2016. Upon motion the documents were re-
ceived and filed and Resolution No. 222-16 Preliminary approval of plans, specifica-
tions, 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
for the Phase II of the 30-Inch Force Main Relocation Project from 11th Street to 12th
Street was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on
June 20, 2016 in the Historic Federal Building.
RESOLUTION NO. 222-16
PHASE II OF THE 30-INCH FORCE MAIN RELOCATION PROJECT
FROM 11TH STREET TO 12TH STREET
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:
The proposed plans, specifications, form of contract and estimated cost for Phase II
of the 30-inch Force Main Relocation Project from 11th Street to 12th Street, in the esti-
mated amount $347,197.50, are hereby preliminarily approved and ordered filed in the
office of the City Clerk for public inspection.
A public hearing will be held on the 20th day of June, 2016, at 6:30 p.m. in the Histor-
ic Federal Building Council Chambers (second floor), 350 West 6th 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.
Phase II of the 30-inch Force Main Relocation Project from 11th Street to 12th Street
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-
20
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
date for filing bids before 2:00 p.m. on the 23rd day of June, 2016. 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. on the 5th day of July, 2016, in the Historic Federal Building Council
Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 6th day of June, 2016.
Ric W. Jones, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
2. Vacate Petition - Stone Valley Drive Right-of-Way: City Manager recommending
that a public hearing be set for June 20, 2016 to consider approval of a request from
NEZTROP, LLC to vacate a portion of right-of-way of Stone Valley Drive in Stone Brook
Center Second Addition. Upon motion the documents were received and filed and
Resolution No. 223-16 Resolution of Intent to vacate and dispose of City interest in a
portion of the right-of-way of Stone Valley Drive between U.S. Highway 20 and Boulder
Brook Court, being part of Lot A Stone Brook Center Second Addition, to be known as
Lot 1 of Lot A of Stone Brook Center Second Addition, in the City of Dubuque, Iowa by
sale to NEZTROP, LLC was adopted setting a public hearing for a meeting to com-
mence at 6:30 p.m. on June 20, 2016 in the Historic Federal Building.
RESOLUTION NO. 223-16
INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN A PORTION OF THE
RIGHT OF WAY OF STONE VALLEY DRIVE BETWEEN U.S. HIGHWAY 20 AND
BOULDER BROOK COURT, BEING PART OF LOT A STONE BROOK CENTER
SECOND ADDITION, TO BE KNOWN AS LOT 1 OF LOT A OF STONE BROOK
CENTER SECOND ADDITION, IN THE CITY OF DUBUQUE, IOWA BY SALE TO
NEZTROP LLC
Whereas, NEZTROP LLC has requested the vacating and purchase of the portion of
the Right of Way of Stone Valley Drive between U.S. Highway 20 and Boulder Brook
Court, being part of Lot A of Stone Brook Center Second Addition; and
Whereas, AECOM has prepared and submitted to the City Council a plat showing the
proposed vacated Right of Way of Stone Valley Drive between U.S. Highway 20 and
Boulder Brook Court, being part of Lot A of Stone Brook Center Second Addition, in the
City of Dubuque, Iowa and assigned lot numbers thereto, which hereinafter shall be
known and described as Lot 1 of Lot A and Lot 2 of Lot A of Stone Brook Center Sec-
ond Addition, in the City of Dubuque, 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 vacate and dispose of its interest in
Lot 1 of Lot A of Stone Brook Center Second Addition, in the City of Dubuque, Iowa by
sale to NEZTROP LLC upon the terms and conditions of the Agreement between the
City of Dubuque, Iowa and NEZTROP LLC and Portzen Building Firm LLC attached
hereto.
Section 2. That the conveyance of Lot 1 of Lot A of Stone Brook Center Second Ad-
dition, in the City of Dubuque, Iowa to NEZTROP LLC be contingent upon the payment
21
in the amount specified in the Purchase Agreement attached hereto, subject to the con-
ditions of the Agreement between the City of Dubuque, Iowa and NEZTROP LLC and
Portzen Building Firm LLC.
Section 3. That a public hearing on the intent to vacate and dispose of Lot 1 of Lot A
of Stone Brook Center Second Addition by sale to NEZTROP LLC is hereby set for the
20th day of June, 2016, at the Historic Federal Building, 350 W. 6th Street, Dubuque, Io-
wa, beginning at 6:30 p.m., and the City Clerk be and is hereby authorized and directed
to cause a notice of public hearing on the intent to vacate and dispose of said real es-
tate to be published in the manner as prescribed by law.
Passed, approved and adopted this 6th day of June, 2016.
Ric W. Jones, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
3. Reallocation of Series 2012H General Obligation Bond Proceeds: City Manager
Recommending setting a public hearing for June 20, 2016, on a proposal to reallocate
not to exceed $500,000 of the unspent proceeds of the General Obligation Bond Series
2012H from the renovation of the second floor of the Multicultural Family Center to fund
the acquisition of the Colts Drum & Bugle Corps building at 1101 Central Avenue. Upon
motion the documents were received and filed and Resolution No. 224-16 Fixing date
for a meeting on the proposal to reallocate certain unspent proceeds of the General Ob-
ligation Bonds, Series 2012H, of the City of Dubuque, Iowa, and providing for publica-
tion of notice thereof was adopted setting a public hearing for a meeting to commence
at 6:30 p.m. on June 20, 2016 in the Historic Federal Building.
RESOLUTION NO. 224-16
FIXING DATE FOR A MEETING ON THE PROPOSAL TO REALLOCATE CERTAIN
UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2012H,
OF THE CITY OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NO-
TICE THEREOF
Whereas, pursuant to hearings duly held under Iowa Code Section 384.25 and a
resolution approved on November 19, 2012, the City Council of the City of Dubuque,
Iowa has previously issued its General Obligation Bonds, Series 2012H, in the aggre-
gate principal amount of $2,385,000 (the "Series 2012H Bonds"), for the purpose,
among other things, of paying the costs of aiding in the planning, undertaking and carry-
ing out of urban renewal project activities for Greater the Downtown Urban Renewal
District and the Technology Park South District, including those costs associated with
construction of a rail platform for the intermodal transportation center; Multicultural
Family Center repairs and improvements including renovation of the second floor; con-
struction of an Americans with Disabilities Act (ADA) compliant restroom; utilities exten-
sions; and construction of a trail in Technology Park South; and
Whereas, certain proceeds of the Series 2012H Bonds remain unspent, and the City
Manager has recommended that not to exceed $500,000 of such unspent proceeds (the
"Unspent Proceeds") be applied for the purpose of funding acquisition of the Colts Drum
& Bugle Corps building at 1101 Central Avenue (from the Series 2012 Bonds) (the "Pro-
ject"); and
22
Whereas, there being no procedure specified under Iowa law for consideration or ap-
proval of such a reallocation, it is hereby determined, pursuant to Section 364.6 of the
Code of Iowa, that the procedure set forth in Section 384.25 of the Code of Iowa should
apply to such proposal, and that a hearing be held upon the proposal to reallocate the
Unspent Proceeds to provide funds for the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council meet in the Historic Federal Building, 350 West 6th
Street, Dubuque, Iowa, at 6:30 o'clock PM., on the 6th day of June, 2016, for the pur-
pose of taking action on the matter of the proposed reallocation of the Unspent Pro-
ceeds of the Series 2012H Bonds to provide funds to defray all or a portion of the costs
of the Project.
Section 2. That the City Clerk is hereby directed to cause one publication to be made
of notice of said meeting, in a legal newspaper, printed wholly in the English language,
published at least once weekly, and having general circulation in said City, said publica-
tion to be not less than four clear days nor more than twenty days before the date of
said public meeting.
Section 3. The notice of the proposed action shall be in substantially the [provided]
form.
Passed and approved this 6th day of June, 2016.
Ric W. Jones, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
4. Hodge Company Lease Agreement: City Manager recommending the City Council
set a public hearing for June 20, 2016 on the proposed riverfront lease with Hodge
Company to lease 8.89 acres on Purina Drive. Upon motion the documents were re-
ceived and filed and Resolution No. 225-16 Resolution of Intent to dispose of an interest
in real property owned by the City of Dubuque by lease between the City of Dubuque,
Iowa and Hodge Company was adopted setting a public hearing for a meeting to com-
mence at 6:30 p.m. on June 20, 2016 in the Historic Federal Building.
RESOLUTION NO. 225-16
INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED BY THE
CITY OF DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE, IOWA AND
HODGE COMPANY
Whereas, the City of Dubuque, Iowa (City) is the owner of the real property legally
described as follows:
Lot 2 of Lot 10 and part of Lot 11 of Block 4 in Riverfront Sub. No. 2 in the City of
Dubuque, Iowa as shown on the attached Exhibit A (approximately 8.89 acres in
total); and
Whereas, Hodge Company desires to lease a part of the property as shown on Ex-
hibit A, attached hereto, for industrial uses, storage and warehousing, and other busi-
ness activities upon the terms set forth in a Lease Agreement which is on file at the Of-
fice of the City Clerk, City Hall, 50 W. 13th Street, Dubuque, Iowa; and
Whereas, City and Hodge Company have tentatively agreed to the Lease Agree-
ment, which among other things, provides for a term through October 31, 2043; and
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Whereas, the City Council believes it is in the best interest of the City of Dubuque to
approve the Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the foregoing-
described real property by Lease Agreement between City and Hodge Company; and
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution
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 real property by Lease
Agreement, to be held on the 20th day of June, 2016, at 6:30 o’clock p.m. at the Historic
Federal Building, Council Chambers, 350 W. 6th Street, Dubuque, Iowa.
Passed, approved and adopted this 6th day of June, 2016.
Ric W. Jones, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on
the following Boards/Commissions.
1. Arts and Cultural Affairs Advisory Commission: Four, 3-year terms through June
30, 2019 (Expiring terms of O'Rourke-Rosenow and Riedel, Kluseman and Teckemey-
er). Applicants for the Arts Representative Designation: Nicholas Bratcher, 610 West 5th
St.; Bibi Burke, 1155 Arrowhead Dr.; Marina O'Rourke-Rosenow, 2085 Mullin Rd.; Su-
san Riedel, 282 Kelly's Bluff St.; Davis Schmitz, 1270 Arrowhead Dr.; Mary Thomas
Armstrong, 728 Alta Vista St.; Audrea Walsh, 803 Lincoln Ave. Ms. Burke, Ms. Riedel
and Ms. Armstrong spoke in support of their respective appointments and provided brief
a brief biography of their qualifications.
2. Civic Center Advisory Commission: Two, 3-year terms through June 29, 2019 (Ex-
piring terms of Bakke and Hill). Applicants: Rod Bakke, 3030 Karen St.; McKenzie Hill,
333 E. 10th St. #234.
3. Historic Preservation Commission: (Note: Three openings total, two different term
dates). One, 3-year term through July 1, 2018 (Vacant term of Krueger – At-Large); and
Two, 3-year terms through July 1, 2019 (Expiring terms of Kopczyk – Jackson Park Dis-
trict and Nieto – W. 11th District). Applicants: Alfred Kopczyk, 1320 Locust St. (Qualifies
for Jackson Park District and At-Large); Juan Nieto, 510 W. 11th St (Qualifies for W. 11th
District and At-Large); Leslie Terry, 390 Hill St. (Qualifies for At-Large only). Ms. Terry
spoke in support of her appointment and provided a brief biography of her qualifications.
4. Housing Commission: One, 3-year term through August 17, 2016 (Vacant term of
Woods). Applicant: Wesley Heimke, 2350 Knob Hill Dr.
5. Investment Oversight Advisory Commission: One, 3-year term through July 1,
2019 (Expiring term of Reisdorf). Applicant: Stephen Reisdorf, 740 Brookview Sq.
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6. Library Board of Trustees (Mayor Appointment): Two, 4-year terms through July 1,
2020 (Vacant terms of Connors and Allred). Applicants: Robert Armstrong, 728 Alta
Vista St.; Christina Monk, 2005 North Main St. Mr. Armstrong and Ms. Monk spoke in
support of their respective appointments and provided a brief biography of their qualifi-
cations.
7. Long Range Planning Advisory Commission: One, 3-year term through July 1,
2019 (Expiring term of Winterwood). Applicant: Charles Winterwood, 555 Montrose Ter.
8. Parks and Recreation Advisory Commission: Three, 3-year terms through June 30,
2019 (Vacant term of Schlueter and Expiring terms of Larson and Lyness). Applicants:
Robert Blocker, 880 Kane St.; Richard Kirkendall, 1725 Alta Pl.; Katherine Larson, 2535
Traut Ter.; Karen Lyness, 89 Alpine St. Mr. Blocker and Mr. Kirkendall spoke in support
of their respective appointments and provided a brief biography of their qualifications.
Ryan Larson, on behalf of his wife Katherine, read a prepared statement from her in
support of her appointment.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council on the following items.
1. Request to Amend PUD - Historic Millwork District: Proof of publication on notice of
public hearing to consider approval of a request by Keith Gutierrez to amend the Histor-
ic Millwork District Planned Unit Development (PUD) to allow microbrewery, winery and
distillery as permitted uses and the Zoning Advisory Commission recommending ap-
proval as conditional uses with conditions related to noise and odors. Motion by Con-
nors to receive and file the documents and that the requirement that a proposed ordi-
nance 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 Lynch. Motion carried
6-0. Planning Services Manager provided a staff report. Developer Keith Gutierrez ad-
dressed the City Council reiterating his comments from the May 16, 2016 meeting.
Motion by Connors for final consideration and passage of Ordinance No. 19-16
Amending Title 16, the Unified Development Code of the City of Dubuque Code of Ordi-
nances by rescinding Ordinance 75-15 Which provides regulations for a PUD Planned
Unit Development District with a Planned Commercial Designation for the Historic Mill-
work District PUD and now being amended to include Microbrewery, Winery and Distill-
ery as conditional uses. Seconded by Lynch. Motion carried 4-2 with Rios and Del Toro
voting nay.
OFFICIAL PUBLICATION
ORDINANCE NO. 19-16
AMENDING TITLE 16, THE UNIFIED DEVELOPMENT CODE OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY RESCINDING ORDINANCE 75-15 WHICH
PROVIDES REGULATIONS FOR A PUD PLANNED UNIT DEVELOPMENT DIS-
25
TRICT WITH A PLANNED COMMERCIAL DESIGNATION FOR THE HISTORIC
MILLWORK DISTRICT PUD AND NOW BEING AMENDED TO INCLUDE MI-
CROBREWERY, WINERY AND DISTILLERY AS CONDITIONAL USES
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 rescinding Ordinance 75-15 which provides regu-
lations for a Planned Unit Development District with a Planned Commercial District des-
ignation for the Historic Millwork District, and now being amended to include microbrew-
ery, winery and distillery as conditional uses:
All real property generally located south of 12th 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 area.
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.
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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.
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 Historic Mill-
work District PUD, subject to the provisions of Article 8 of the Unified Development
Code that establishes requirements for application to the Zoning Board of Adjustment
for a conditional use permit, and any other specific conditions listed below for a condi-
tional 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 sub-
stances, hazardous conditions, hazardous 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.
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14. Manufacture or assembly of musical instruments; toys; watches or clocks;
medical, dental, optical or similar scientific instruments; orthopedic or medical
appliances; signs or billboards.
15. Manufacturing, compounding, assembly or treatment of articles or products
from the following substances: clothing or textiles; rubber, precious or semipre-
cious 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.
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 facility 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 li-
censed child care center is so located, continue to comply with all local, state
and federal regulations governing hazardous substances, hazardous condi-
tions, 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 current 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 notice 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 pene-
tration to the outside (windows, doors, etc.).
g. Applicant shall submit plans for approval by the City that indicate the installa-
tion of a main emergency shut-off switch for the heating, ventilation, and air
conditioning (HVAC) system to minimize the infiltration risk of airborne haz-
ardous materials.
20. Microbrewery, winery and distillery, provided that:
a. Any products or wastes containing odor producing substances emanating from
a building or property associated with a microbrewery, winery or distillery, in
such concentrations to create a public nuisance, as established by the city
manager, shall be prohibited.
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b. The operation of a microbrewery, winery or distillery facility shall not cause any
loud and excessive noise that result in annoyance or discomfort to a reasona-
ble person.
B. Lot and Bulk Regulations.
The following bulk regulations shall apply in the Historic Millwork District PUD, sub-
ject 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.
3. New Construction Transition. New construction on the blocks between 12th
Street and 11th Street should transition in scale from the Washington Neigh-
borhood to the District PUD.
C. Sign Regulations.
1. The number, size and location of signs in the Historic Millwork District PUD shall
be regulated in accordance with Exhibit C and all other applicable regulations of
Article 15 of the Unified Development 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 accordance with the provisions of Article 10 of the
Unified Development Code.
5. Variance requests from sign requirements established in Article 15 of the Uni-
fied Development Code shall be reviewed by the Zoning Board of Adjustment in
accordance with provisions of Article 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 Historic Millwork District PUD conceptually should follow the
goals, objectives, and recommendations of the Historic Millwork District Master Plan,
incorporated herein by reference and on file in the Planning Services 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 Mill-
work District Master Plan, and shown on Exhibit B, on file in the Planning Ser-
vices 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 general plan layout
may be necessary and compatible with the need to acquire workable street
patterns, grades and usable building sites.
29
c. The Land Use / Development Patterns depicted in the Historic Millwork District
Master Plan for ground floor uses reflect a predominance of residential uses;
however, for District sustainability, these ground floor uses shall be character-
ized by a flexible designation for the Historic Millwork District PUD Conceptual
Development Plan as shown in Exhibit B.
d. That the Historic Millwork District PUD Conceptual Development Plan as
shown in Exhibit B is hereby amended to allow for a surface parking lot at the
northwest corner of Elm and 11th Streets.
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 re-
view and approval under Building, Fire, and other applicable City Codes. If a property
owner chooses to provide surface off-street parking within the District 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 sur-
face parking lots.
b. All vehicle-related features shall be surfaced with standard or permeable as-
phalt, 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 provi-
sions of the Unified Development Code enforced at the time of development of
the lot.
f. The number, size, design, and location of parking spaces designated for per-
sons with disabilities shall be according to the local, state, or federal require-
ments in effect at the time of development.
3. Parking Structures. Parking structures (ramps) are allowed in the Historic Mill-
work 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 provi-
sions of the Unified Development Code enforced at the time of development.
c. The number, size, design, and location of parking spaces designated for per-
sons with disabilities shall be according to the local, state or federal require-
ments in effect at the time of development.
4. Site Lighting
a. Exterior illumination of site features shall be limited to the illumination of the
following:
i. Parking areas, driveways and loading facilities.
ii. Pedestrian walkway surfaces and entrances to building.
iii. Building exterior.
b. Location and Design
i. All exterior lighting luminaries shall be designed and installed to shield light
from the luminaries at angles above 72-degrees from vertical.
30
ii. Fixtures mounted on a building shall not be positioned higher than the roof-
line 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. Waiver requests from these guidelines shall be
reviewed by the Historic Preservation Commission in accordance with the
provisions of Article 10 of the Unified Development 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 environmental 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 compli-
ance with Downtown Design Guidelines and the Historic Millwork District
Master Plan.
ii. Within one (1) year following completion of construction, or by the date that a
building is issued an occupancy certificate by the Building Services Depart-
ment 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 management in a means
that is satisfactory to the City Engineer and consistent with the Historic Millwork District
Master Plan. Sustainable, low impact development techniques for stormwater manage-
ment approved by the City Engineer will be used where feasible. Other applicable regu-
lations also enforced by the City Engineer 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 produced by the princi-
pal permitted use and accessory uses of the lot.
b. All exterior trash collection areas and the materials contained 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 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 Downtown Design Guide-
lines for service areas.
8. Exterior Storage
a. Exterior storage is allowed in the Historic Millwork PUD District. Exterior stor-
age areas shall comply with the Downtown Design Guidelines for service are-
as.
b. The use of semi-trailers and/or shipping containers for storage is prohibited.
9. Final site development plans shall be submitted in accordance with provisions of
Article 12 and Article 13 of the Unified Development Code prior to construction
31
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 Retail
Uses (over 100,000 square feet) and the Design Standards for Retail Commer-
cial 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 to public
spaces, such as at the intersection of 10th and Washington Streets, in the Far-
ley & Loetscher and Kirby Buildings along 7th 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 residential on the
north, with new commercial or mixed use buildings along the new block to be
created by realigning Elm Street in accordance 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 feasi-
ble.
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 plan-
ning, construction, operation and management of property within the city of
Dubuque.
F. Transfer of Ownership
Transfer of ownership or lease of property in the Historic Millwork District 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 Dubu-
que, with the Dubuque County Recorder as a permanent record of the conditions ac-
cepted as part of this reclassification approval. This ordinance shall be binding upon the
undersigned and his/her heirs, successors and assigns.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 3. The foregoing amendment shall take effect upon publication, as provided
by law.
Passed, approved and adopted this 6th day of June, 2016.
/s/Ric W. Jones, Mayor Pro-Tem
Attest: /s/Kevin Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 10th day of June, 2016.
/s/Kevin S. Firnstahl, City Clerk
2. Rite Hite/AB(MC)2 - Expansion Development Agreement: Proof of publication on
notice of public hearing to consider approval of a Development Agreement with Rite
Hite/AB(MC)2 for their expansion project at 4343 Chavenelle Road and the City Manag-
er recommending approval. Motion by Lynch to receive and file the documents and
32
adopt Resolution No. 226-16 Approving a Development Agreement by and between the
City of Dubuque, Iowa and Rite Hite/AB(MC)2 providing for the issuance of Urban Re-
newal Tax Increment Revenue Obligations for the expansion of property and creation of
jobs at 4343 Chavenelle Road. Seconded by Connors. Dan McDonald, Vice President
of Existing Business for Greater Dubuque Development Corp., spoke in support of the
recommendation. Motion carried 6-0.
RESOLUTION NO. 226-16
APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF
DUBUQUE, IOWA AND RITE HITE/AB(MC)2 PROVIDING FOR THE ISSUANCE OF
URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS FOR THE EXPAN-
SION OF PROPERTY AND CREATION OF JOBS AT 4343 CHAVENELLE ROAD
Whereas, the City Council, by Resolution No. 194-16, dated May 16, 2016, declared
its intent to enter into a Development Agreement with Rite Hite/AB(MC)2 for the expan-
sion of property and creation of jobs at 4343 Chavenelle Road in the City of Dubuque,
Iowa (the Property); and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on June 6, 2016 at 6:30 p.m. in the City Council Chambers at the Historic
Federal building, 350 W. 6th Street, Dubuque, Iowa; and
Whereas, it is the determination of the City Council that approval of the Development
Agreement, for expansion of property and creation of jobs by Rite Hite/AB(MC)2 accord-
ing to the terms and conditions set out in the Development Agreement is in the public
interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Development Agreement by and between the City of Dubuque
and Rite Hite/AB(MC)2, a copy of which is attached hereto, is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Devel-
opment Agreement on behalf of the City of Dubuque and the City Clerk is authorized
and directed to attest to his signature.
Section 3. That the City Manager is authorized to take such actions as are necessary
to comply with the terms of the Development Agreement as herein approved.
Passed, approved and adopted this 6th day of June, 2016.
Ric W. Jones, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
3. Transit Advisory Board Student Fare Recommendation: Proof of publication on no-
tice of public hearing to consider approval of the Jule Transit student fares effective for
the 2016-2017 school year as recommended by the Transit Advisory Board and the City
Manager recommending approval. Motion by Lynch to receive and file the documents
and adopt Resolution No. 227-16 Establishing a Transit Fixed-Route Student Fare. Se-
conded by Connors. Responding to questions from the City Council, Transit Manager
Candace Eudaley and Transit Advisory Board Member Dora Serna stated that the $10
was established by the Transit Advisory Board as a reasonable cost without creating an
undue expense adding that the new process will help bus operators identify problem
riders and resolve issues. Motion carried 6-0.
33
RESOLUTION NO. 227-16
ESTABLISHING A TRANSIT FIXED-ROUTE STUDENT FARE
Whereas, the City of Dubuque provides fixed-route and paratransit services for the
citizens of Dubuque; and
Whereas, the number of rides to students has increased; and
Whereas, the cost to provide said services have continued to increase; and
Whereas, The City of Dubuque desires to continue to provide fixed-route and para-
transit services to its citizens; and
Whereas, the proposed fare will impact student riders.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The newly established student fixed-route fares are as follows effective August 1,
2016:
Student Fixed-Route Fares
Student under 11 years, Free with Jule-issued Swipe Card
Student 11-18 years annual pass, $10 annual pass with proof of age
Student 11-18 years per ride, $0.75 per ride with student ID
Passed, approved and adopted this 6th day of June, 2016.
Ric W. Jones, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
4. Vacating Petition - North Grandview Avenue / University Avenue Right-of-Way:
Proof of publication on notice of public hearing to consider approval of a request by Tom
Tiefenthaler of K&T Real Estate, LLC to vacate and dispose of City interest in a portion
of the North Grandview Avenue right-of-way in the southwest corner of North Grandview
Avenue and University Avenue and the City Manager recommending approval. Motion
by Lynch to receive and file the documents and adopt Resolution No. 228-16 Vacating a
portion of North Grandview Avenue South of University Avenue to be known as Lot 1 of
Tiefenthaler 2nd Place, in the City of Dubuque, Iowa; and Resolution No. 229-16 Dis-
posing of City Interest in Lot 1 of Tiefenthaler 2nd Place in the City of Dubuque, Iowa.
Seconded by Connors. Motion carried 6-0.
RESOLUTION NO. 228-16
VACATING A PORTION OF NORTH GRANDVIEW AVENUE SOUTH OF UNIVERSI-
TY AVENUE TO BE KNOWN AS LOT 1 OF TIEFENTHALER 2ND PLACE, IN THE
CITY OF DUBUQUE, IOWA
Whereas, K & T Real Estate, LLC has requested the vacating of a portion of the
North Grandview Avenue Right of Way south of University Avenue in the City of Dubu-
que, Dubuque County, Iowa; and
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa,
a plat dated the May 9, 2016 prepared by Hinkle Engineering and Surveying, describing
the proposed vacated street right of way, in the City of Dubuque, Iowa; and
Whereas, pursuant to resolution and published notice of time and place of hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the
City of Dubuque, Iowa on this 20th day of May, 2016, the City Council of the City of
34
Dubuque, Iowa met on the 6th day of June, 2016, at 6:30 p.m. in the Historic Federal
Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque
County, Iowa to consider the request to vacate; and
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec-
tions, oral or written to the request to vacate; and
Whereas, the City Council of the City of Dubuque, Iowa, has determined that the pro-
posed vacated portion of the North Grandview Avenue Right of Way to be known as Lot
1 of Tiefenthaler 2nd, in the City of Dubuque, Iowa, should be approved.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the real estate described as Lot 1 of Tiefenthaler 2nd Place, in the
City of Dubuque, Iowa, Dubuque County, Iowa, be and the same is hereby vacated.
Passed, approved and adopted this 6th day of June, 2016.
Ric W. Jones, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 229-16
DISPOSING OF CITY INTEREST IN LOT 1 OF TIEFENTHALER 2ND PLACE, IN THE
CITY OF DUBUQUE, IOWA
Whereas, pursuant to resolution and published notice of time and place of hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the
City of Dubuque, Iowa on this 20th day of May, 2016, the City Council of the City of
Dubuque, Iowa met on the 6th day of June, 2016, at 6:30 p.m. in the Historic Federal
Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque
County, Iowa to consider the proposal for the sale of real estate described as:
Lot 1 of Tiefenthaler 2nd Place, in the City of Dubuque, Iowa, Dubuque County,
Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec-
tions, oral or written to the proposal to sell such real estate.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the sale of City of Dubuque real property described as Lot 1 of
Tiefenthaler 2nd Place, in the City of Dubuque, Iowa, Dubuque County, Iowa, to K & T
Real Estate, LLC be and the same is hereby approved for the sum of $31,549.12, sub-
ject to the conditions of an Offer To Buy Real Estate and Acceptance Agreement be-
tween the City and K & T Real Estate, LLC plus all platting, publication, and filing fees.
The City Manager is hereby authorized to execute and sign said Offer To Buy Real Es-
tate and Acceptance Agreement. Conveyance shall be by Warranty Deed.
Section 2. That the Mayor be authorized and directed to execute a Warranty Deed,
and the City Clerk be and is hereby authorized and directed to deliver said deed of con-
veyance to K & T Real Estate, LLC upon receipt of the purchase price in full.
Section 3. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this resolution in the offices of the City Assessor, Dubuque County Re-
corder and Dubuque County Auditor.
35
Passed, approved and adopted this 6th day of June, 2016.
Ric W. Jones, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
1. Greater Dubuque Development Corporation - Quarterly Update: Rick Dickinson,
President and CEO of GDDC provided a verbal report on the quarterly activities of
GDDC including information on achieving and surpassing the goals of the NEXT Cam-
paign in the areas of job growth, new construction, population growth (regional), and
minimum/increased wages. Mr. Dickinson stated that the results of the Convergent in-
terviews with local businesses will be announced at the GDDC annual meeting on June
22, 2016 at the Mystique Casino. Responding to questions from the City Council, Mr.
Dickinson stated that it is unknown what influences the fluctuation in regional average
wages and that there is great potential for commercial growth at the of Hwy 20 and the
proposed SW Arterial due in part to the expansion of the City’s industrial parks. Motion
carried 6-0.
2. Dubuque Main Street / Farmers' Market Update: Dubuque Main Street Executive
Director Dan LoBianco provided an update on the Dubuque Farmers' Market that in-
cluded promotion and success of the Supplemental Nutrition Assistant Program
(SNAP), possible future expansion of the market area, and responded to questions
about assisting with relocating the Winter Farmers’ Market currently at 1101 Central Av-
enue. Mr. LoBianco additionally addressed the rehabilitation of 1838 Central Avenue
through a façade grant and retail store fronts in the Washington Street and Central Ave-
nue corridors. Motion by Connors to receive and file the information. Seconded by Res-
nick. Motion carried 6-0.
3. Public Input at City Council Meetings (3rd Reading): City Attorney submitting a
proposed ordinance concerning the placement of Public Input on the Council agenda.
Motion by Connors for final consideration and passage of Ordinance No. 20-16 Amend-
ing City of Dubuque Code of Ordinances Title 1 Administration, Chapter 6 Mayor and
City Council, Article A Rules and Procedure, Sections 1-6A-11 Order of Business and
Agenda and 1-6A-14 Rights of Public by clarifying the rules relating to communications
to the City Council and the Public Input Agenda. Seconded by Resnick. Motion carried
6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 20-16
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 1 ADMINISTRA-
TION, CHAPTER 6 MAYOR AND CITY COUNCIL, ARTICLE A RULES AND PRO-
CEDURE, SECTIONS 1-6A-11 ORDER OF BUSINESS AND AGENDA AND 1-6A-14
RIGHTS OF PUBLIC BY CLARIFYING THE RULES RELATING TO CMMUNICA-
TIONS TO THE CITY COUNCIL AND THE PUBLIC INPUT AGENDA
36
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 1-6A-11 of the City of Dubuque Code of Ordinances is amended
to read as follows:
1-6A-11: ORDER OF BUSINESS AND AGENDA:
A. Agenda: The order of business of each regular meeting shall be as contained in
the agenda prepared by the city clerk. The agenda shall be a listing by topic of sub-
jects to be considered by the city council.
B. Order Of Business: The general rule as to the order of business in regular meet-
ings shall be as follows:
1. Reading of the call.
2. Roll call.
3. Proclamations.
4. Consent items; business licenses.
5. Items to be set for public hearing.
6. Appointments to boards and commissions.
7. Public hearings.
8. Public input.
9. Action items.
10. Adjournment.
Section 2. Section 1-6A-14 of the City of Dubuque Code of Ordinances is amended
to read as follows:
1-6A-14: RIGHTS OF PUBLIC:
A. Addressing City Council: No person may address the city council by oral com-
munication without the permission of the presiding officer.
B. Manner Of Addressing City Council; Time Limit: Each person addressing the
city council shall approach the microphone, shall give such person's name and
address and, if representing an organization or another person, shall so state, in
an audible tone of voice for the record, and, unless further time is granted by the
presiding officer, shall limit such person's address to five (5) minutes. All remarks
shall be addressed to the city council as a body, not to any city officer or employ-
ee. No person, other than members of the city council and the person having the
floor, shall be permitted to enter into any discussion, either directly or through the
members of the city council. No questions shall be asked of individual council
members nor of any city officer or employee, except through the presiding officer.
C. Personal And Slanderous Remarks: Any person making personal, impertinent
or slanderous remarks, or who shall become boisterous, while addressing the city
council may be requested to leave the meeting and may be by the presiding officer
barred from further audience before the city council.
D. Written Communications: Any person or the person's authorized representa-
tives, may address the city council by written communication in regard to any mat-
ter concerning the city's business or over which the city council has control at any
time by addressing such written communication to the city clerk. All such written
communications must be received by the city clerk by twelve o'clock (12:00) noon
of the Wednesday immediately preceding the regular council meeting in order that
such material may be placed on the agenda for such meeting.
37
E. Public Input Agenda: Members of the public may address the city council on
any action item on the agenda or on any matter not on the agenda concerning city
business or over which the city council has control.
Unless extended by the presiding officer, public input will be limited to thirty (30)
minutes.
Section 3. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 6th day of June, 2016.
/s/Ric W. Jones, Mayor Pro-Tem
Attest: /s/Kevin Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 10th day of June, 2016.
/s/Kevin S. Firnstahl, City Clerk
4. Through 10. Code of Ordinances Amendments - Title 14 International Building
Code; International Energy Conservation Code; International Fire Code; International
Fuel Gas Code: International Mechanical Code: International Plumbing Code; and In-
ternational Residential Code
The City Clerk stated that the City Attorney advised that all seven International Code
items (Action Items 4-10) could be adopted with one motion if the Council desired.
City Manager recommending adoption of the International Building Code; Interna-
tional Energy Conservation Code; International Fire Code; International Fuel Gas Code:
International Mechanical Code: International Plumbing Code; and International Residen-
tial Code.
Motion by Lynch 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 to include all seven Inter-
national Code ordinances. Seconded by Resnick. Motion carried 6-0.
Motion by Lynch for final consideration and passage of Ordinance No. 21-16 Amend-
ing 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 Internation-
al Building Code Adopted, 14-1A-2 International Building Code Amendments, 14-1A-3
Permit Issuance Prohibited During Consideration of Zoning Reclassification or Zoning or
Subdivision Text Amendments, and 14-1A-6 Building Code and Advisory Appeals Board
by Repealing Such Sections and Enacting New Sections in Lieu Thereof Adopting the
2015 International Building Code;
Ordinance No. 22-16 Amending City of Dubuque Code of Ordinances Title 14 Build-
ing and Development, Chapter 1 Building Codes, Article C Energy Conservation Code,
Sections 14-1C-1 International Energy Conservation Code Adopted and 14-1C-2 Inter-
national Energy Conservation Code Amendments by Repealing Such Sections and En-
acting New Sections in Lieu Thereof Adopting the 2015 International Energy Conserva-
tion Code;
Ordinance No. 23-16 Amending City of Dubuque Code of Ordinances Title 14 Build-
ing and Development, Chapter 1 Building Codes, Article E Fire Code and Regulations,
Sections 14-1E-1 International Fire Code Adopted and 14-1E-2 International Fire Code
Amendments by Repealing Such Sections and Enacting New Sections in Lieu Thereof
Adopting the 2015 International Fire Code;
38
Ordinance 24-16 Amending City of Dubuque Code of Ordinances Title 14 Building
and Development, Chapter 1 Building Codes, Article G Fuel Gas Code, Sections 14-1G-
1 Fuel Gas Code Adopted and 14-1G-2 Fuel Gas Code Amendments by Repealing
Such Sections and Enacting New Sections in Lieu Thereof Adopting the 2015 Fuel Gas
Code;
Ordinance No. 25-16 Amending City of Dubuque Code of Ordinances Title 14 Build-
ing 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 by Repealing Such Sections and Enacting New Sections in Lieu
Thereof Adopting the 2015 International Building Code and by Adopting a New Section
14-1F-4 Establishing the Mechanical and Plumbing Code Board and Providing for the
Powers, Operation, Membership, and Meetings;
Ordinance No. 26-16 Amending City of Dubuque Code of Ordinances Title 14 Build-
ing 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 by Repealing Such Sections and Enacting New Sections in Lieu Thereof
Adopting the 2015 International Plumbing Code and by Repealing Section 14-1H-7
Plumbing Code Board and Enacting a New Section 14-1H-7 Mechanical and Plumbing
Code Board Providing for the Powers, Operation, Membership and Meetings;
Ordinance No. 27-16 Amending City of Dubuque Code of Ordinances Title 14 Build-
ing and Development, Chapter 1 Building Codes, Article B Residential Code, Sections
14-1B-1 International Residential Code Adopted and 14-1B-2 International Residential
Code Amendments by Repealing Such Sections and Enacting New Sections in Lieu
Thereof Adopting the 2015 International Residential Code. Seconded by Resnick. Mo-
tion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 21-16
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, 14-1A-2 INTERNATIONAL BUILDING CODE AMENDMENTS, 14-1A-3
PERMIT ISSUANCE PROHIBITED DURING CONSIDERATION OF ZONING RE-
CLASSIFICATION OR ZONING OR SUBDIVISION TEXT AMENDMENTS, AND 14-
1A-6 BUILDING CODE AND ADVISORY APPEALS BOARD BY REPEALING SUCH
SECTIONS AND ENACTING NEW SECTIONS IN LIEU THEREOF ADOPTING THE
2015 INTERNATIONAL BUILDING CODE
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:
14-1A-1: INTERNATIONAL BUILDING CODE ADOPTED:
Except as hereinafter added to, deleted, modified, or amended, there is hereby
adopted by reference as the building code of the city that certain building code known
as the international building code, 2015 edition, and as published by the International
39
Code Council, Inc., and the provisions of such building code shall be controlling in the
construction of buildings and other structures and in all matters covered by such build-
ing code within the corporate limits of the city and shall be known as the "Dubuque
building code". A copy of the international building code, 2015 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, 2015 Edition, adopted in Sec-
tion 14-1A-1 to read as follows:
14-1A-2: INTERNATIONAL BUILDING CODE AMENDMENTS:
The following additions, deletions, modifications, or amendments of the international
building code, 2015 edition, adopted in section 14-1A-1 of this article to read as follows:
Section 101.2 Scope. Amended to read:
Sec. 101.2 Scope. The provisions of this code shall apply to the construction,
alteration, moving, demolition, repair, maintenance and use of any building or
structure within this jurisdiction, except work located primarily in a public way,
public utility towers and poles, mechanical equipment not specifically regulated
in this code, and hydraulic flood control structures.
For additions, alterations, moving and maintenance of buildings and structures,
see 2015 International Existing Building Code (IEBC). For temporary buildings
and structures, see section 3103 of the International Building Code.
Where, in any specific case, different sections of this code specify different ma-
terials, methods of construction or other requirements, the most restrictive shall
govern. Where there is a conflict between a general requirement and a specific
requirement, the specific requirement shall be applicable.
Wherever in this code reference is made to the appendix, the provisions in the
appendix shall not apply unless specifically adopted.
Section 101.4.4 Property Maintenance. Amended to read:
Sec. 101.4.4 Property Maintenance. The provisions of the International Property
Maintenance Code, as adopted by the City of Dubuque in Title 14, Chapter 1,
shall apply to existing structures and premises; equipment and facilities; light,
ventilation, space heating, sanitation, life, and fire safety hazards; responsibili-
ties of owners, operators, and occupants; and occupancy of existing premises
and structures.
Section 105.5 Expiration. Amended to read:
Sec. 105.5 Expiration. Every permit issued shall become invalid unless the work
on the site authorized by such permit is completed within one year after its is-
suance, 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) suc-
cessive 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.
All city of Dubuque residential building permits issued prior to July 16, 2007
without an expiration date listed shall expire on October 1, 2010.
40
Section 113.1 through 113.3 replaced with City of Dubuque Code of Ordinances
Section 14-1A-6.
Section 114. Violations. Amended to read:
Sec. 114 Violations. It shall be unlawful for any person, firm or corporation to
erect, construct, enlarge, alter, repair, move, improve, remove, convert or de-
molish, 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, can-
cellation or forfeiture of any license or permit elsewhere in this code provided
for violation thereof.
A notice of violation is not required in every situation and city staff may issue a
municipal infraction without previously issuing a notice of violation.
Section 116. Unsafe Structures And Equipment. Amended to read:
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 consti-
tuting a hazard to safety, health or public welfare by reason of inadequate
maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or
abandonment is, for the purpose of this section, an unsafe use. Parapet walls,
cornices, spires, towers, tanks, statuary and other appendages or structural
members which are supported by, attached to, or a part of a building and which
are in deteriorated condition or otherwise unable to sustain the design loads
which are specified in this code are hereby designated as unsafe building ap-
pendages.
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 202. Definitions. Amendment to “Building Official” and inclusion of
“Code Official”:
BUILDING OFFICIAL. See “CODE OFFICIAL”.
CODE OFFICIAL. The officer or other designated authority charged with the
administration and enforcement of this code, or a duly authorized representa-
tive. Any reference to “BUILDING OFFICIAL” in this code refers to “CODE
OFFICIAL”.
Section 423. Storm Shelters. Deleted.
Section 903.3.1.1.1 Exempt Locations. Amended to read:
Sec. 903.3.1.1.1 Exempt Locations. Automatic sprinklers shall not be required
in the following rooms or areas where such rooms or areas are protected with
an approved automatic fire detection system in accordance with Section 907.2
41
that will respond to visible or invisible particles of combustion. Sprinklers shall
not be omitted from a room merely because it is damp, of fire-resistance-rated
construction or contains electrical equipment.
1. A room where the application of water, or flame and water, constitutes a
serious life or fire hazard.
2. A room or space where sprinklers are considered undesirable because of
the nature of the contents, where approved by the fire code official.
3. Generator and transformer rooms separated from the remainder of the
building by walls and floor/ceiling or roof/ceiling assemblies having a fire-
resistance rating of not less than 2 hours.
4. Rooms or areas that are of noncombustible construction with wholly non-
combustible contents.
5. Fire service access elevator machine rooms and machinery spaces.
6. Automatic sprinklers shall not be installed in elevator machine rooms, ele-
vator machine spaces, and elevator hoistways other than pits where such
sprinklers would not necessitate shunt trip requirements under any circum-
stances. Storage shall not be allowed within the elevator machine room.
Signage shall be provided at the entry doors to the elevator machine room
indicating “ELEVATOR MACHINERY-NO STORAGE ALLOWED”.
Section 3. Section 14-1A-3 of the City of Dubuque Code of Ordinances is
amended by repealing Section 14-1A-3 and enacting a new Section 14-1A-3 in
lieu thereof as follows:
14-1A-3: PERMIT ISSUANCE PROHIBITED DURING CONTEMPLATION OR
CONSIDERATION OF ZONING RECLASSIFICATION OR ZONING OR SUBDI-
VISION TEXT AMENDMENTS:
The building official of the city is hereby prohibited from issuing a building permit
for real property for which action is contemplated or has been initiated for a
change in the zoning classification of the property or a text amendment of the zon-
ing or subdivision ordinances. The prohibition shall be from the date of the filing of
the application with the planning services department until the date of final action
of the city council upon such zoning reclassification or text amendment, including
publication as provided by law where the reclassification or amendment is adopted
by the city council. The city council may, by one or more resolutions, waive this
prohibition in whole or in part.
Section 4. Section 14-1A-6 of the City of Dubuque Code of Ordinances is amend-
ed by repealing Section 14-1A-6 and enacting a new Section 14-1A-6 in lieu
thereof as follows:
14-1A-6: BUILDING CODE AND ADVISORY APPEALS BOARD:
A. Board Created: There is hereby created the building code and advisory
appeals board.
B. Purpose: The purpose of the board is to determine the suitability of alter-
native building materials and methods of building construction, to provide for
reasonable interpretation of the provisions of the international building code,
to advise the city council on all building construction regulations and proce-
dures, and to serve as an appeal body for the decisions of the building offi-
cial.
42
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 this code or the Iowa Code.
D. Procedures For Operation: All administrative, personnel, accounting,
budgetary, and procurement policies of the city govern the board in all its op-
erations.
E. Membership:
1. The board comprises seven (7) residents of the city, appointed by the
city council.
2. Residents must be eighteen (18) years of age or older.
3. Special qualifications:
a. One member must be an architect or engineer registered in the state
of Iowa.
b. One member must be a commercial contractor.
c. One member must be a journeyman carpenter.
d. One member must be a residential contractor.
e. One member must be a representative of the public at large.
f. Two (2) representatives must have knowledge of Americans with dis-
abilities act regulations to represent the interests of persons with disa-
bilities.
F. Oath: Each person, upon appointment or reappointment to the board,
must execute an oath of office at the first meeting of the board following the
appointment or reappointment or at the city clerk's office any time prior to the
first meeting of the board.
G. Terms: The term of office for members of the board is three (3) years or
until such member's successor is appointed and qualified.
H. Vacancies: Vacancies must be filled in the same manner as original ap-
pointments.
I. Officers/Organization: The board must choose annually a chairperson and
vice chairperson, each to serve a term of one year. The chairperson must
appoint a secretary, who need not be a member of the board. The board
must fill a vacancy among its officers for the remainder of the officer's unex-
pired term.
J. Meetings:
1. Regular Meetings: The board must 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 a majority of the members.
3. Open Meetings: All meetings must be called and held in conformance
with the Iowa open meetings law.
4. Attendance:
a. In the event a member of the board has been absent for three (3) or
more consecutive meetings of the board, without being excused by the
chairperson, such absence will be grounds for the board to recommend
to the city council that the position be declared vacant and a replace-
ment appointed.
43
b. Attendance must be entered upon the minutes of all meetings.
5. Minutes: A copy of the minutes of all regular and special meetings of
the board must be filed with the city council within ten (10) working days
after each meeting, or by the next regularly scheduled city council meet-
ing, whichever is later.
6. Quorum: For meetings where the agenda does not include the review of
any Americans with disabilities act issues, three (3) members of the board
constitute a quorum for the transaction of business. For meetings where
the agenda does include the review of any Americans with disabilities act
issues, four (4) members of the board and at least one of the Americans
with disabilities act representatives must be in attendance to constitute a
quorum for the transaction of business. An affirmative vote of a majority of
the members present and voting is necessary for the adoption of any mo-
tion or resolution.
K. 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 administra-
tive policies and budget.
L. Removal: The city council may remove any member for cause upon writ-
ten charges and after a public hearing.
M. Powers: The board has the following 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 deci-
sion from which the appeal is taken. The building code board sitting as an
appeal board shall meet within ten (10) working days after receiving such
notice and render a decision within five (5) working days thereafter. Any
interested party, including the building official, shall have the right to pre-
sent 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 of-
ficial 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
submitted to substantiate any claims made regarding the use of alter-
nates.
44
All appeal hearings shall be conducted in accordance with the proce-
dures specified in this code.
On issues before the board involving the Americans with disabilities act
the board may elect to seek input from Americans with disabilities act
advocates in the community. If the board elects to seek input from
Americans with disabilities act advocates in the community the board
shall consult with a minimum of two (2) individuals.
N. 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 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, durability, fire resistance, and safety.
Section 5. This Ordinance takes effect July 1, 2016.
Passed, approved, and adopted the 6th day of June, 2016.
/s/Ric W. Jones, Mayor Pro-Tem
Attest: /s/Kevin Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 24th day of June, 2016.
/s/Kevin S. Firnstahl, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 22-16
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE C ENERGY CONSER-
VATION CODE, SECTIONS 14-1C-1 INTERNATIONAL ENERGY CONSERVATION
CODE ADOPTED AND 14-1C-2 INTERNATIONAL ENERGY CONSERVATION CODE
AMENDMENTS BY REPEALING SUCH SECTIONS AND ENACTING NEW SEC-
TIONS IN LIEU THEREOF ADOPTING THE 2015 INTERNATIONAL ENERGY CON-
SERVATION CODE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. 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 hereby
adopted by reference as the energy code of the city that certain code known as
the international energy conservation code, 2015 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 reno-
vation 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
45
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 "Dubuque energy
code". A copy of the international energy conservation code, 2015 edition, as
adopted, shall be on file in the office of the city clerk for public inspection.
Section 2. 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, mod-
ifications, or amendments of the International Energy Conservation Code, 2015
Edition, adopted in Section 14-1C-1 to read as follows:
14-1C-2: INTERNATIONAL ENERGY CONSERVATION CODE AMENDMENTS:
The following additions, deletions, modifications, or amendments of the international
energy conservation code, 2015 edition, adopted in section 14-1C-1 of this article
to read as follows:
Section 109.1 through 109.3 replaced with City of Dubuque Code of Ordinances Sec-
tion 14-1A-6.
Section 202 General Definitions. Amended to read:
Section 202 General Definitions.
Above-Grade Wall. A wall more than 50 percent above grade and enclosing condi-
tioned space. This includes between-floor spandrels, peripheral edges of floors,
roof and basement knee walls, dormer walls, gable end walls, walls enclosing 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 material
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 system 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 con-
ducted by him or her, or by reason of accepted principles or tests by nationally
recognized organizations.
Automatic. Self-acting, operating by its own mechanism when actuated by some
impersonal influence, as, for example, a change in current strength, pressure,
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 Official. See “Code Official”.
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 exempt or uncondi-
tioned space.
46
C-Factor (Thermal Conductance). The coefficient of heat transmission (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 admin-
istration and enforcement of this code, or a duly authorized representative. Any
reference to “building official” in this code refers to “code official”.
Commercial Building. For this code, all buildings that are not included in the defini-
tion of "Residential Buildings."
Conditioned Floor Area. The horizontal projection of the floors associated with the
conditioned space.
Conditioned Space. An area or room within a building being heated or cooled, con-
taining uninsulated ducts, or with a fixed opening directly into an adjacent condi-
tioned space.
Crawl Space Wall. The opaque portion of a wall that encloses a crawl 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 dimension, 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 fenestration
which receives daylight through the fenestration. For purposes of this definition
and unless more detailed analysis is provided, the daylight zone depth is as-
sumed to extend into the space a distance of 15 feet (4572 mm) or to the near-
est 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 occupan-
cy.
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, eating,
cooking and sanitation.
47
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 envi-
ronment 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 ex-
changers to recover energy from exhaust air for the purpose of preheating, pre-
cooling, 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 access in non-
residential 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.
F-Factor. The perimeter heat loss factor for slab-on-grade floors (Btu/h x ft x OF)
[W/(m x K)].
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 re-
quired 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 expected to oc-
cur 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 moveable),
opaque doors, glazed doors, glazed block and combination opaque/glazed
doors. Fenestration includes products with glass and nonglass glazing materi-
als.
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.
48
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 ex-
terior facades, landscaping, entries, lobbies, guestroom corridors, porte co-
cheres, 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 commer-
cially available heat trap that prevents thermosyphoning of hot water during
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.
Humidistat. A regulatory device, actuated by changes in humidity, used for auto-
matic control of relative humidity.
IDGH-Efficacy Lamps. Compact fluorescent lamps, T-8 or smaller diameter 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.
Infiltration. The uncontrolled inward air leakage into a building caused by the pres-
sure 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 facility, located
in the front-of-house dining room/lounge area specifically for the purpose of
demonstrating the function of food and drink preparation.
Labeled. Equipment, materials or products to which have been affixed a label,
seal, symbol or other identifying mark of a nationally recognized testing labora-
tory, inspection agency or other organization concerned with product evaluation
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 published by
an organization acceptable to the code official and concerned with evaluation of
products or services that maintains periodic inspection of production of listed
equipment or materials or periodic evaluation of services and whose listing
states either that the equipment, material, product or service meets identified
standards or has been tested and found suitable for a specified purpose.
Low-Voltage Lighting. Lighting equipment powered through a transformer such as
a cable conductor, a rail conductor and track lighting.
Manual. Capable of being operated by personal intervention (see "Automatic").
Nameplate Horsepower. The nominal motor horsepower rating stamped on the
motor nameplate.
49
Proposed Design. A description of the proposed building used to estimate annual
energy use for determining compliance based on total building performance.
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 tempera-
ture difference between the two surfaces, under steady state conditions, per
unit area (h . ftz °FIBtu) [(m2K)/W].
Readily Accessible. Capable of being reached quickly for operation, renewal or in-
spection without requiring those to whom ready access is requisite to climb over
or remove obstacles or to resort to portable ladders or access equipment (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 resistance
to design loads. The system consists of a roof covering and roof deck or a sin-
gle component serving as both the roof covering and the roof deck. A roof as-
sembly includes the roof covering, underlayment, roof deck, insulation, vapor
retarder and interior finish.
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 heat-
ing.
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
included in this definition.
Sleeping Unit. A room or space in which people sleep, which can also include
permanent provisions for living, eating, and either sanitation or kitchen facilities
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 radiation. 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 min-
imum requirements of this code and is used to determine the maximum annual
energy use requirement for compliance based on total building performance.
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 commercial
buildings.
Sunroom. A one-story structure attached to a dwelling with a glazing area in ex-
cess of 40 percent of the gross area of the structure's exterior walls and roof.
50
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 transmission (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 uncon-
ditioned air to, or removing such air from, any space.
Ventilation Air. That portion of supply air that comes from outside (outdoors) plus
any recirculated air that has been treated to maintain the desired quality of air
within a designated space.
Zone. A space or group of spaces within a building with heating or cooling re-
quirements that are sufficiently similar so that desired conditions can be main-
tained throughout using a single controlling device.
R402.4.1.2 Testing. Deleted.
R403.2 Hot Water Boiler Outdoor Temperature Setback. Deleted.
R403.3.3 Duct Testing (Mandatory). Deleted
R403.3.5 Building Cavities (Mandatory). Deleted.
C501.4 Compliance. Amended to read:
C501.4 Compliance.
Alterations, repairs, additions and changes of occupancy to, or relocation of, existing
buildings and structures shall comply with the provisions for alterations, repairs,
additions and changes of occupancy or relocation, respectively, in the following In-
ternational Codes adopted by the City of Dubuque in Title 14, Chapter 1: Interna-
tional Building Code, International Fire Code, International Fuel Gas Code, Inter-
national Mechanical Code, International Plumbing Code, International Property
Maintenance Code, as well as NFPA 70.
Section 3. This Ordinance takes effect July 1, 2016.
Passed, approved, and adopted the 6th day of June, 2016.
/s/Ric W. Jones, Mayor Pro-Tem
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 24th day of June, 2016.
/s/Kevin S. Firnstahl, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 23-16
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE E FIRE CODE AND
REGULATIONS, SECTIONS 14-1E-1 INTERNATIONAL FIRE CODE ADOPTED AND
14-1E-2 INTERNATIONAL FIRE CODE AMENDMENTS BY REPEALING SUCH
SECTIONS AND ENACTING NEW SECTIONS IN LIEU THEREOF ADOPTING THE
2015 INTERNATIONAL FIRE CODE
51
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14-1E-1 of the City of Dubuque Code of Ordinances is amended
by repealing Section 14-1E-1 and enacting a new Section 14-1E-1 in lieu thereof
as follows:
14-1E-1: INTERNATIONAL FIRE CODE ADOPTED:
Except as hereinafter added to, deleted, modified or amended, the international fire
code, 2015 edition, as promulgated by the International Code Council, is hereby
adopted by reference from the effective date hereof.
A copy of the international fire code, 2015 edition, is on file at the Fire Headquarters
for public inspection.
Section 2. Section 14-1E-2 of the City of Dubuque Code of Ordinances is amended
by repealing Section 14-1E-2 and enacting the following additions, deletions,
modifications, or amendments of the International Fire Code, 2015 Edition, adopt-
ed in Section 14-1E-1 to read as follows:
The following additions, deletions, modifications, or amendments of the international
fire code, 2015 edition, adopted in section 14-1E-1 of this article read as follows:
Section 102.6 Historic Buildings. Amended to read:
Section 102.6 Historic Buildings. Repairs, alterations and additions necessary for
the preservation, restoration, rehabilitation, continued use or change of use of a
historic building may be made in compliance with the provisions of the uniform
code for building conservation (UCBC) or title 14, chapter 5 of the city of Dubu-
que code of ordinances.
Where, in any specific case, different sections of this code specify different materi-
als, methods of construction or other requirements, the most restrictive shall
govern. Where there is a conflict between a general requirement and a specific
requirement, the specific requirement shall be applicable.
Wherever in this code reference is made to the appendix, the provisions in the ap-
pendix shall not apply unless specifically adopted.
Section 105 Permits. Amended to read:
Section 105 Permits Required. It shall be unlawful for any person, firm or corpora-
tion to use a building or premises or engage in any activities for which a permit
is required by the code of ordinances without first having obtained such permit.
Section 108.1 through 108.3 replaced with City of Dubuque Code of Ordinances Sec-
tion 14-1A-6.
Section 109.3 Notice of Violation. Deleted.
Section 202. Definitions. Inclusion of “Code Official”:
CODE OFFICIAL. The officer or other designated authority charged with the admin-
istration and enforcement of this code, or a duly authorized representative. Any
reference to “OFFICIAL” in this code refers to “CODE OFFICIAL”.
Section 308.1.6.3 Sky Lanterns. Amended to read:
308.1.6.3 Sky lanterns. A person shall not release or cause to be released un-
manned free floating devices containing an open flame or other heat source,
such as but not limited to a sky lantern.
Section 311.1.1 Abandoned Premises. Amended to read:
52
311.1.1 Abandoned premises. Buildings, structures and premises for which an
owner cannot be identified or located by dispatch of a certificate of mailing to
the last known or registered address, which persistently or repeatedly become
unprotected or unsecured, which have been occupied by unauthorized persons
or for illegal purposes, or which present a danger of structural collapse or fire
spread to adjacent properties shall be considered abandoned, declared unsafe
and abated by demolition or rehabilitation in accordance with the International
Property Maintenance Code and the International Building Code as they are
adopted by the City of Dubuque in Title 14, Chapter 1.
Section 505 Premises Identification. Amended to read:
505.1 Address identification. New and existing buildings shall be provided with ap-
proved address identification. The address identification shall be legible and
placed in a position that is visible from the street or road fronting the property.
Address identification characters shall contrast with their background. Address
numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be
spelled out. Each character shall be not less than 4 inches (102 mm) high with
a minimum stroke width of 1/2 inch (12.7 mm). Where required by the fire code
official, address identification shall be provided in additional approved locations
to facilitate emergency response. Where access is by means of a private road
and the building cannot be viewed from the public way, a monument, pole or
other sign or means shall be used to identify the structure. Address identifica-
tion shall be maintained.
Interior room numbers. New and existing buildings shall have an approved room
and suite numbers identification placed in positions that are plainly legible and
visible. Numbers shall contrast with their background.
505.2 Street or road signs. Streets and roads shall be identified with approved
signs. Temporary signs shall be installed at each street intersection when con-
struction of new roadways allows passage by vehicles. Signs shall be of an ap-
proved size, weather resistant and be maintained until replaced by permanent
signs.
Section 506.1 Where Required. Amended to read:
506.1 Where required. An approved key box shall be required on all commercial
structures that contain off-site monitored fire alarm and/or sprinkler systems or
where access to or within a structure or an area is restricted because of se-
cured openings. Where immediate access is necessary for life-saving or fire-
fighting purposes, the fire code official is authorized to require a key box to be
installed in an approved location. The key box shall be of an approved type
listed in accordance with UL 1037, and shall contain keys to gain necessary ac-
cess as required by the fire code official.
Section 609.2 Where Required. Amended to read:
609.2 Where required. A Type I hood shall be installed and maintained at or above
all commercial cooking appliances and domestic cooking appliances used for
commercial purposes that produce grease vapors, including but not limited to
cooking equipment used in fixed, mobile, or temporary concessions, such as
trucks, buses, trailers, pavilions, or any form of roofed enclosure, as required by
the fire code official.
53
Additionally, fuel gas and power provided for such cooking appliances shall be in-
terlocked with the extinguishing system, as required by Section 904.12.2. Fuel
gas containers and piping/hose shall be properly maintained in good working
order and in accordance with all applicable regulations.
Exception: A Type I hood shall not be required for an electric cooking appliance
where an approved testing agency provides documentation that the appliance
effluent contains 5 mg/m3 or less of grease when tested at an exhaust flow rate
of 500 cfm (0.236 m3/s) in accordance with UL 710B.
Section 903.3.1.1.1 Exempt Locations. Amended to read:
903.3.1.1.1 Exempt locations. Automatic sprinklers shall not be required in the fol-
lowing rooms or areas where such rooms or areas are protected with an ap-
proved automatic fire detection system in accordance with Section 907.2 that
will respond to visible or invisible particles of combustion. Sprinklers shall not be
omitted from a room merely because it is damp, of fire-resistance-rated con-
struction or contains electrical equipment.
1. A room where the application of water, or flame and water, constitutes a seri-
ous life or fire hazard.
2. A room or space where sprinklers are considered undesirable because of the
nature of the contents, where approved by the fire code official.
3. Generator and transformer rooms separated from the remainder of the build-
ing by walls and floor/ceiling or roof/ceiling assemblies having a fire-resistance
rating of not less than 2 hours.
4. Rooms or areas that are of noncombustible construction with wholly non-
combustible contents.
5. Fire service access elevator machine rooms and machinery spaces.
6. Automatic sprinklers shall not be installed in elevator machine rooms, eleva-
tor machine spaces, and elevator hoistways other than pits where such sprin-
klers would not necessitate shunt trip requirements under any circumstances.
Storage shall not be allowed within the elevator machine room. Signage shall
be provided at the entry doors to the elevator machine room indicating “ELE-
VATOR MACHINERY-NO STORAGE ALLOWED”.
Section 1028.5 Access to a Public Way. Amended to read:
1028.5 Access to a public way. The exit discharge pathway shall be paved and
provide a direct and unobstructed access to a public way.
Exception: Where access to a public way cannot be provided, a safe dispersal ar-
ea shall be provided where all of the following are met:
1. The area shall be of a size to accommodate not less than 5 square feet (0.46
m2) for each person.
2. The area shall be located on the same lot not less than 50 feet (15 240 mm)
away from the building requiring egress.
3. The area shall be permanently maintained and identified as a safe dispersal
area.
4. The area shall be provided with a safe and unobstructed path of travel from
the building.
Section 1103.8.1 Where Required. Amended to read:
54
1103.8.1 Where required. Existing Group I-1 and R occupancies shall be provided
with single-station smoke alarms in accordance with Section 907.2.11. Inter-
connection and power sources shall be in accordance with Sections 1103.8.2
and 1103.8.3, respectively.
Exceptions:
1. Where smoke detectors connected to a fire alarm system have been installed
as a substitute for smoke alarms.
Appendix A – Do Not Adopt
Appendix B – Adopt
Appendix C – Adopt
Appendix D – Adopt
Appendix E – Do Not Adopt
Appendix F – Do Not Adopt
Appendix G – Do Not Adopt
Appendix H – Do Not Adopt
Appendix I – Do Not Adopt
Appendix J – Do Not Adopt
Appendix K – Do Not Adopt
Appendix L – Do Not Adopt
Appendix M – Do Not Adopt
Section 3. This Ordinance takes effect July 1, 2016.
Passed, approved, and adopted the 6th day of June, 2016.
/s/Ric W. Jones, Mayor Pro-Tem
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 24th day of June, 2016.
/s/Kevin S. Firnstahl, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 24-16
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE G FUEL GAS CODE,
SECTIONS 14-1G-1 FUEL GAS CODE ADOPTED AND 14-1G-2 FUEL GAS CODE
AMENDMENTS BY REPEALING SUCH SECTIONS AND ENACTING NEW SEC-
TIONS IN LIEU THEREOF ADOPTING THE 2015 FUEL GAS CODE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14-1G-1 of the City of Dubuque Code of Ordinances is amended
by repealing Section 14-1G-1 and enacting a new Section 14-1G-1 in lieu thereof as fol-
lows:
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, 2015 edition, as prepared and edited by the Interna-
tional Code Council (ICC), and the provisions of such fuel gas code shall be controlling
for the installation, maintenance and use of fuel gas piping systems, fuel gas utilization
equipment, gaseous hydrogen systems and related accessories within the corporate
55
limits of the city and shall be known as the Dubuque fuel gas code. A copy of the inter-
national fuel gas code, 2015 edition, as adopted, shall be on file in the office of the city
clerk for public inspection.
Section 2. 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 Fuel Gas Code, 2015 Edition, adopted in Section 14-1G-1
to read as follows:
14-1G-2: FUEL GAS CODE AMENDMENTS:
The following additions, deletions, modifications, or amendments of the international
fuel gas code, 2015 edition, adopted in section 14-1G-1 of this article to read as follows:
Section 108.2 Amended to read:
Notice of violation. The code official shall serve a notice of violation or order to the
person responsible for the erection, installation, alteration, extension, repair, re-
moval or demolition of work in violation of the provisions of this code, or in violation
of a detail statement or the approved construction documents thereunder, or in
violation of a permit or certificate issued under the provisions of this code. Such
order shall direct the discontinuance of the illegal action or condition and the
abatement of the violation.
A notice of violation is not required in every situation and city staff may issue a mu-
nicipal infraction without previously issuing a notice of violation.
Sections 109.1 through 109.7 replaced with City of Dubuque Code of Ordinances
Section 14-1F-4.
Section 202. General Definitions. Amendment to “Building Official” and inclusion of
“Code Official”:
BUILDING OFFICIAL. See “CODE OFFICIAL”.
CODE OFFICIAL. The officer or other designated authority charged with the admin-
istration and enforcement of this code, or a duly authorized representative. Any
reference to “BUILDING OFFICIAL” in this code refers to “CODE OFFICIAL”.
Section 406.4.1 Test Pressure and 406.4.2 Test Duration are deleted and replaced
with the following:
The test pressure to be used shall be 15 psi for 15 minutes with a 30 psi gauge max-
imum one 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.
Appendix A – Adopt
Appendix B – Adopt
Appendix C – Do Not Adopt
Appendix D – Do Not Adopt
Section 3. This Ordinance takes effect July 1, 2016.
Passed, approved, and adopted the 6th day of June, 2016.
/s/Ric W. Jones, Mayor Pro-Tem
Attest: /s/Kevin Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 24th day of June, 2016.
/s/Kevin S. Firnstahl, City Clerk
56
OFFICIAL PUBLICATION
ORDINANCE NO. 25-16
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES 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 BY REPEALING
SUCH SECTIONS AND ENACTING NEW SECTIONS IN LIEU THEREOF ADOPTING
THE 2015 INTERNATIONAL BUILDING CODE AND BY ADOPTING A NEW SEC-
TION 14-1F-4 ESTABLISHING THE MECHANICAL AND PLUMBING CODE BOARD
AND PROVIDING FOR THE POWERS, OPERATION, MEMBERSHIP, AND MEET-
INGS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. 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, 2015 edition, and the provisions of such
mechanical code shall be controlling for the installation, maintenance and use of heat-
ing, 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 international mechanical code, 2015 edi-
tion, as adopted, shall be on file in the office of the city clerk for public inspection.
Section 2. Section 14-1F-2 of the City of Dubuque Code of Ordinances is amended
by repealing Section 14-1F-2 and enacting the following additions, deletions, modifica-
tions, or amendments of the International Mechanical Code, 2015 Edition, adopted in
Section 14-1F-1 to read as follows:
14-1F-2: INTERNATIONAL MECHANICAL CODE AMENDMENTS:
The following additions, deletions, modifications, or amendments of the international
mechanical code, 2015 edition, adopted in section 14-1F-1 of this article to read as fol-
lows:
Section 108 Violations. Amended to read:
Section 108. 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, can-
57
cellation or forfeiture of any license or permit elsewhere in this code provided
for violation thereof.
A notice of violation is not required in every situation and city staff may issue a
municipal infraction without previously issuing a notice of violation.
Section 109 Means of Appeal. Amended to read:
See City of Dubuque Code of Ordinances Section 14-1F-4.
Section 202. Definitions. Amendment to “Building Official” and inclusion of “Code Of-
ficial”:
BUILDING OFFICIAL. See “CODE OFFICIAL”.
CODE OFFICIAL. The officer or other designated authority charged with the admin-
istration and enforcement of this code, or a duly authorized representative. Any
reference to “BUILDING OFFICIAL” in this code refers to “CODE OFFICIAL”.
Section 3. Title 14, Chapter 1, Article F of the City of Dubuque Code of Ordinances is
amended by adding the following Section 14-1F-4:
14-1F-4: MECHANICAL AND PLUMBING CODE BOARD:
A. Board Created: In order to hear and decide appeals of orders, decisions, or de-
terminations made by the code official relative to the application and interpreta-
tion of this code, there shall be and is hereby created a Mechanical and Plumb-
ing 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 Mechanical and Plumbing Code Board shall con-
sist of seven (7) individuals eighteen (18) years of age or older, from each of
the following professions or disciplines:
a. Two (2) at-large members;
b. Five (5) members who possess a minimum of one of the following re-
quirements: 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. Oath: Each person, upon appointment or reappointment to the board, must ex-
ecute 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 secre-
tary 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 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.
58
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 is-
sued 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 interpret-
ed, 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 Appeals does not have the au-
thority 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 per-
son 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 mem-
bership.
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 mem-
ber 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.
59
5. All administrative, personnel, accounting, budgetary, and procurement poli-
cies 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 postpone-
ment 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 city 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 re-
quired 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 Dan-
ger notices) shall stay the enforcement of the notice and order until the appeal
is heard by the appeals board.
Section 4. The current terms for members of the Mechanical Code Board are con-
verted into terms on the Mechanical and Plumbing Code Board, with the same term ex-
piration.
Section 5. This Ordinance takes effect July 1, 2016.
Passed, approved, and adopted the 6th day of June, 2016.
/s/Ric W. Jones, Mayor Pro-Tem
Attest: /s/Kevin Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 24th day of June, 2016.
/s/Kevin S. Firnstahl, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 26-16
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES 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 BY REPEALING SUCH SEC-
TIONS AND ENACTING NEW SECTIONS IN LIEU THEREOF ADOPTING THE 2015
INTERNATIONAL PLUMBING CODE AND BY REPEALING SECTION 14-1H-7
PLUMBING CODE BOARD AND ENACTING A NEW SECTION 14-1H-7 MECHANI-
CAL AND PLUMBING CODE BOARD PROVIDING FOR THE POWERS, OPERA-
TION, MEMBERSHIP AND MEETINGS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
60
Section 1. 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, 2015 edition, published by the International Code
Council, and the provisions of such plumbing code shall be controlling for the installa-
tion, 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, 2015 edition, as adopted, shall be on file in the
office of the city clerk for public inspection.
Section 2. Section 14-1H-2 of the City of Dubuque Code of Ordinances is amended
by repealing Section 14-1H-2 and enacting the following additions, deletions, modifica-
tions, or amendments of the International Plumbing Code, 2015 Edition, adopted in Sec-
tion 14-1H-1 to read as follows:
14-1H-2: INTERNATIONAL PLUMBING CODE AMENDMENTS:
The following additions, deletions, modifications, or amendments of the international
plumbing code, 2015 edition, adopted in section 14-1H-1 of this article to read as fol-
lows:
Section 103.3 Deputies. Amended to read:
Sec. 103.3. Deputies. In accordance with prescribed procedures and with the ap-
proval 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.
Section 103.4 Liability. Amended to read:
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 dis-
charge 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 omis-
sion performed by him or her in the enforcement of any provision of this code
shall be defended by legal counsel provided by this jurisdiction until final termi-
nation of such proceedings.
Section 104.1 General. Amended to read:
Sec. 104.1. Administrative Authority. The administrative authority shall be the
building official who is duly appointed to enforce this code.
Section 104.4 Right of Entry. Amended to read:
Sec. 104.4. Right Of Entry. Whenever it is necessary to make an inspection to en-
force the provisions of this code, or whenever the building official or the building
official's authorized representative has reasonable cause to believe that there
exists 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
61
may enter the building or premises at all reasonable times to inspect or to per-
form the duties imposed 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 representative, 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
herein 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.
Section 105 Approval. Amended to read:
Sec. 105. Brazing And Welding. Brazing and welding shall conform to the applica-
ble standards. All brazing on medical gas systems shall be performed by certi-
fied installers.
Section 106.1 When Required. Amended to read:
Sec. 106.1. Permits Required. It shall be unlawful for any person, firm, or corpora-
tion 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.
Section 106.2 Exempt Work. Amended to read:
Sec. 106.2. Exempt Work. A plumbing permit shall not be required for the follow-
ing:
(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 inspec-
tion 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.
Section 106.6 Fees. Amended to read:
Sec. 106.6. Permit Fees. The fees for each permit shall be as set forth by the city
council.
Section 106.6.1 Work Commencing Before Permit Issuance. Amended to read:
Sec. 106.6.1. Investigation Fees; Work Without A Permit.
62
(1) Investigation. Whenever any work for which a permit is required by this code
has been commenced without first obtaining said permit, a special investiga-
tion 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.
Section 106.6.3 Fee Refunds. Amended to read:
Sec. 106.6.3. Fee Refunds.
(1) The building official may authorize the refunding of any fee paid hereunder
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.
Section 107.1 General. Amended to read:
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 building
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 required
test, necessary corrections shall be made and the work shall then be resub-
mitted for test or inspection.
(b) Testing.
(1) Responsibility. The equipment, material, and labor necessary for inspection
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 sys-
tem. After the plumbing fixtures have been set and their traps filled with wa-
ter, they shall be submitted to a final test.
(3) Water Test. The water test shall be applied to the drainage and vent system
either in its entirety or in sections. If applied to the entire system, all openings
in the piping system shall be tightly closed, except the highest opening, and
63
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 sec-
tion shall be tested with less than a ten-foot (3 m) head of water. In testing
successive sections, at least the upper ten (10) feet (3 m) of the next preced-
ing section shall be tested, so that no joint or pipe in the building (except the
uppermost ten (10) feet (3 m) of the system) shall have been submitted to a
test of less than a ten-foot (3 m) head of water. The water shall be kept in the
system, or in the portion under test, for at least fifteen (15) minutes before in-
spection 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 out-
lets to the system, forcing air into the system until there is a uniform gauge
pressure of five (5) pounds per square inch (34.5 kPa) or sufficient to bal-
ance a column of mercury ten (10) inches (254 mm) in height. The pressure
shall be held without introduction of additional air for a period of at least fif-
teen (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 wa-
ter 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 wa-
ter used for test shall be obtained from a potable source of supply. A fifty (50)
pounds per square inch (344.5 kPa) air pressure may be substituted for the
water test. In either method of test, the piping shall withstand the test without
leaking for a period of not less than fifteen (15) minutes.
(7) Defective Systems. An air test shall be used in testing the sanitary condition
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 struc-
ture 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, ex-
cept that walls or floors need not be removed for such test when other equiv-
alent means of inspection acceptable to the building official are provided.
(9) Test Waived. No test or inspection shall be required where a plumbing sys-
tem, 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 build-
ing 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
64
shall be so placed that both upper and under sides of the subpan shall be
subjected 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.
Section 108.2 Notice of Violation. Amended to read:
The code official shall serve a notice of violation or order to the person responsible
for the erection, installation, alteration, extension, repair, removal or demolition of
plumbing work in violation of the provisions of this code, or in violation of a detail state-
ment or the approved construction documents thereunder, or in violation of a permit or
certificate issued under the provisions of this code. Such order shall direct the discon-
tinuance of the illegal action or condition and the abatement of the violation.
A notice of violation is not required in every situation and city staff may issue a mu-
nicipal infraction without previously issuing a notice of violation.
Section 108.3 Prosecution of Violation. Amended to read:
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 appropriate 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.
Section 108.4 Violation Penalties. Amended to read:
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 reference shall be deemed a separate offense for each and every
day or portion thereof during which any such unlawful act is committed, contin-
ued, or permitted and upon conviction shall be punishable as provided in title 1,
chapter 4 of the code of ordinances. The penalty herein provided shall be cu-
mulative with and in addition to the revocation, cancellation, or forfeiture of any
license or permit elsewhere in this code provided for violation thereof.
Section 108.7.1 Authority to Condemn Equipment. Amended to read:
Sec. 108.7.1. Authority To Condemn Equipment. Whenever the building official
ascertains that any plumbing, or portion thereof, regulated by this code has be-
come hazardous 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 order. No person shall use or maintain de-
fective 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
disconnection may be made immediately without such notice.
Section 108.7.2 Authority to Disconnect Service Utilities. Amended to read:
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
disconnection 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
65
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 danger to life or property, such dis-
connection may be made immediately without such notice. The building official
shall immediately notify the serving utility in writing of such order to disconnect.
Section 108.7.3 Connection after Order to Disconnect. Amended to read:
Sec. 108.7.3. Connection From Order To Disconnect. No person shall make con-
nections from any energy, fuel, power supply, or water distribution system nor
supply energy, fuel, or water to any equipment regulated by this code which has
been disconnected 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
notice 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 pre-
vent, restrain, correct, or abate the violation.
Section 109.1 through 109.7 replaced with City of Dubuque Code of Ordinances
Section 14-1H-7.
Section 202 General Definitions. Amended to read:
Sec. 202. General Definitions.
Accepted Engineering Practice. That which conforms to accepted principles, 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 plumbing
drainage system when negative pressures develop in the piping system. The
device shall close by gravity and seal the vent terminal at zero differential pres-
sure (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 without 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 in-
terceptor at a point below the flood level rim and above the trap seal.
Air Gap (Drainage System). The unobstructed vertical distance through the free
atmosphere 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 sup-
plying water to a tank, plumbing fixture or other device and the flood level rim of
the receptacle.
66
Alternative Engineered Design. A plumbing system that performs in accordance
with the intent of chapters 3 through 12 and provides an equivalent level of per-
formance for the protection of public health, safety and welfare. The system de-
sign 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
services.
Approved Qualified Welder. 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 pres-
sure that passes through an integral orifice or constriction, causing a vacuum.
Aspirators are also referred to as suction apparatus, and are similar in operation
to an ejector.
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
backflow 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 be-
low atmospheric pressure of the plumbing fixtures, pools, tanks or vats con-
nected 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 build-
ing 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.
67
Bathroom Group. A group of fixtures consisting of a water closet, lavatory, bathtub
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 di-
rect 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 ad-
jacent 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 drain-
age stack. Measurements are taken down the stack from the highest horizontal
branch connection.
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 Official. See “Code Official”.
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, indi-
vidual 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 sew-
age.
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.
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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.
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 re-
movable fixture 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. Any
reference to “BUILDING OFFICIAL” in this code refers to “CODE OFFICIAL”.
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 pip-
ing 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 pre-
pared or assembled for describing the design, location and physical characteris-
tics of the elements of the project necessary for obtaining a building permit. The
construction 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 min-
imum 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 elevation 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 critical level.
Cross Connection. Any physical connection or arrangement between two other-
wise separate piping systems, one of which contains potable water and the oth-
er either 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 depending on the pressure differential between the two sys-
tems (see "Backflow").
69
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 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. Drain-
age 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 particu-
lar fixture depends on its volume rate of drainage discharge, on the time dura-
tion of a single drainage operation and on the average time between successive
operations.
Drainage System. Piping within a public or private premises that conveys sewage,
rainwater or other liquid wastes to a point of disposal. A drainage system does
not include 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 supply
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 ar-
ea. For faucets and similar fittings, the effective opening shall be measured at
the smallest orifice 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.
70
Essentially Toxic Transfer Fluids. Soil, waste or gray water and fluids having a
Gosselin rating of 2 or more including ethylene glycol, hydrocarbon oils, ammo-
nia 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 an-
tisiphon 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 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 sup-
ply pipe or directly to a main water supply pipe.
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
flooding 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.
Flood Level Rim. The edge of the receptacle from which water overflows.
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 out-
let 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 de-
signed to discharge a predetermined quantity of water to fixtures for flushing
purposes.
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
71
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 drain-
age 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 in-
stalled 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 intervention 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.
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 con-
ducts 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 drainage
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 utiliza-
tion 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
normal 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 oc-
cupancies.
Flexible. Any joint between two pipes that permits one pipe to be deflected or
moved without movement or deflection of the other pipe.
72
Mechanical. See "Mechanical Joint."
Slip. A type of joint made by means of a washer or a special type of packing com-
pound 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 some applications, the joint is part of a coupling, fitting or adapter.
Medical Gas System. The complete system to convey medical gases for direct pa-
tient 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 re-
quirements of the A.S.M.E. boiler and pressure vessels code, section IX or as
approved by the administrative 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
73
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 systems.
Plumbing Appliance. Anyone of a special class of plumbing fixtures intended to
perform a special function. Included are fixtures having the operation or control
dependent 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 tem-
perature range, a pressure range, a measured 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 sys-
tem.
Plumbing Fixture. A receptacle or device that is either permanently or temporarily
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 sys-
tem 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 re-
spective connections, devices and appurtenances within a structure or premis-
es.
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 unreason-
ably 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 in-
tended for utilization by a family or an individual.
Public Or Public Utilization. In the classification of plumbing fixtures, "public" ap-
plies 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 installed 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.
74
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 simi-
lar obstruction and without the use of a portable ladder, step stool or similar de-
vice.
Reduced Pressure Principle Backflow Preventer. A backflow prevention 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 re-
lief means.
Registered Design Professional. An individual who is registered or licensed to
practice professional architecture or engineering as defined by the statutory re-
quirements 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.
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.
75
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 (per-
cent) 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, po-
sitioned 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 drain-
age system at the lower terminal, that receives the vapors from nonpressure
sterilizers, or the exhaust vapors from pressure sterilizers, and conducts the
vapors directly to the open air. Also called vapor, steam, atmospheric or ex-
haust vent.
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 re-
moval 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.
76
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 ma-
terial 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 certifi-
cation agency. Assertion of certification is in the form of identification in accord-
ance with the requirements of the third-party certification agency.
Third-Party Tested. Procedure by which an approved testing laboratory provides
documentation that a product, material or system conforms to specified re-
quirements.
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 drainage
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.
Waste Pipe. A pipe that conveys only waste.
Water-Hammer Arrestor. A device utilized to absorb the pressure surge (water
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 com-
munity use.
77
Water Outlet. A discharge opening through which water is supplied to a fixture, in-
to the atmosphere (except into an open tank that is part of the water supply sys-
tem), 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 con-
veys water from the water service pipe, or from the meter when the meter is at
the structure, 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 wa-
ter 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 ma-
chine 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
casing.
Whirlpool Bathtub. A plumbing appliance consisting of a bathtub fixture that is
equipped and fitted with a circulating piping system designed to accept, circu-
late 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.
Section 605 Materials, Joints and Connections. Amended to read:
Sec. 605. Use Of Copper Tubing.
(a) Copper tube for underground drainage and vent piping shall be tempered
copper 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 en-
trance to a building or structure. Water distribution pipe within a building or
structure shall be type L or type K. Type M copper tube may be used in de-
tached 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
78
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.
Section 605.3 Water Service Pipe. Amended to read:
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, gal-
vanized steel pipe. Plastic piping for potable water distribution is prohibited
unless approval is given by the plumbing board or the administrative authori-
ty. 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 de-
vices 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 (50.8 mm) 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).
Section 609. Health Care Plumbing. Amended to read:
Sec. 609. Cooling Water. The discharge of water used exclusively as a cooling
medium in an appliance, device, or apparatus to any sanitary sewer is specifi-
cally 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.
Section 701.5 Damage to Drainage System or Public Sewer. Amended to read:
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 system.
The installation of sump pumps, sump pump connections, or gravity connections
which discharge or cause to be discharged, any storm water, surface water,
groundwater, roof runoff, subsurface drainage, interior and exterior foundation
drains, or floor drains used for collecting storm water to any sanitary sewer is
specifically prohibited.
(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, cinders, 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
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storm 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 adminis-
trative 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 dis-
posed of at some approved offsite location, shall be installed only when re-
quired by the administrative authority or the health officer to prevent antici-
pated surface or subsurface contamination or pollution, damage to the public
sewer, or other hazardous or nuisance condition.
Section 702 Materials. Amended to read:
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.
Section 702.1 Above-Ground Sanitary Drainage and Vent Pipe. Amended to read:
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 under-
ground and shall be kept at least six (6) inches (152.4 mm) above ground.
(2) No vitrified clay pipe or fittings shall be used above ground, where pressur-
ized by a pump or ejector, or on the interior of any building or structure.
Section 702.2 Underground Building Sanitary Drainage and Vent Pipe. Amended to
read:
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 inte-
rior waterway 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.
Section 703 Building Sewer. Amended to read:
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 larg-
er.
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Section 708 Cleanouts. Amended to read:
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. Cleanouts in piping larger than two (2) inches shall have a clear-
ance 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) inch-
es vertical and thirty (30) inches horizontal clearance from the means of ac-
cess 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 build-
ing 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
(30.4 m) in total developed length, shall be provided with a cleanout for each
one hundred (100) feet (30.4 m), or fraction thereof, in length of such piping.
(1) Cleanouts may be omitted on a horizontal drain line less than five (5) feet
(1.5 m) 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 building
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 aggre-
gate change of direction exceeding one hundred and thirty-five (135) de-
grees.
(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.
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(i) Each cleanout extension shall be considered as drainage piping and each
ninety (90) degree cleanout extension shall be extended from a "Y" type fit-
ting 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 intended. Cleanouts located under cover plates shall be so in-
stalled 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 clear-
ance 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) inch-
es vertical and thirty (30) inches horizontal clearance from the means of ac-
cess 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 un-
der 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
coupling and plug shall be accessible for removal or replacement.
Section 712 Sumps and Ejectors. Amended to read:
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, sur-
face water, groundwater, roof runoff, subsurface drainage, including interior and
exterior foundation drains, floor drains used for collecting storm water, uncon-
taminated 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 de-
signed that the total rate of discharge from the premises served on such sewer
cannot exceed five (5) gallons per minute.
Section 715.2 Material. Amended to read:
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
82
remain sufficiently open during 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 ac-
cessible for service and repairs.
Section 902 Materials. Amended to read:
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 subsec-
tion, 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
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 underground 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.
Section 904 Outdoor Vent Extensions. Amended to read:
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
prohibited 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 purposes shall extend not less than seven (7) feet above such
roof and shall be securely stayed.
(d) Vent pipes for outdoor installations shall extend at least ten (10) feet above
ground and shall be securely supported.
83
(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.
Section 1003.3.1 Grease Interceptors and Automatic Grease Removal Devices Re-
quired. Amended to read:
Sec. 1003.3.1. Grease Interceptors And Automatic Grease Removal Devices Re-
quired. A grease interceptor or automatic grease removal device shall be re-
quired to receive the drainage from fixtures and equipment with grease laden
waste located in food preparation areas, such as in restaurants, hotel kitchens,
hospitals, school kitchens, bars, factory cafeterias and clubs. Fixtures and
equipment shall include pot sinks, prerinse sinks; soup kettles or similar devic-
es; work stations; floor drains or sinks into which kettles are drained and auto-
matic hood wash units. Grease interceptors and automatic grease removal de-
vices shall receive waste only from fixtures and equipment that allow fats, oils
or grease to be discharged. Where lack of space or other constraints prevent
the installation or replacement of a grease interceptor, one or more grease in-
terceptors shall be permitted to be installed on or above the floor and upstream
of an existing grease interceptor.
Section 1003.3.4 Hydromechanical Grease Interceptors, Fats, Oils and Greases Dis-
posal Systems and Automatic Grease Removal Devices. Amended to read:
Sec. 1003.3.4. Grease Interceptors And Automatic Grease Removal Devices.
Grease interceptors and automatic grease removal devices shall be sized in
accordance with PDI G101, ASME A112.14.3 appendix A, or ASME A112.14.4.
Grease interceptors and automatic grease removal devices shall be designed
and tested in accordance with PDI G101, ASME A112.14.3 or ASME
A112.14.4. Grease interceptors and automatic grease removal devices shall be
installed in accordance with the manufacturer's instructions and maintained in
accordance with the manufacturer's instructions and the city of Dubuque FOG
program.
Chapter 14 Subsurface Landscape Irrigation Systems. Deleted.
Section 3. Section 14-1H-7 of the City of Dubuque Code of Ordinances is amended
by repealing Section 14-1H-7 and enacting a new Section 14-1H-7 in lieu thereof as fol-
lows:
14-1H-7: MECHANICAL AND PLUMBING CODE BOARD OF APPEALS:
A. Board Created: In order to hear and decide appeals of orders, decisions, or de-
terminations made by the code official relative to the application and interpreta-
tion of this code, there shall be and is hereby created a Mechanical and Plumb-
ing Code Board of Appeals. The Mechanical and Plumbing Code Board of Ap-
peals shall be appointed by the City Council and shall hold office at its pleasure.
B. Membership: The Mechanical and Plumbing Code Board of Appeals shall con-
sist of seven (7) residents of the city, appointed by the City Council for a term of
84
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 Mechanical and Plumbing Code Board of Appeals
shall consist of seven (7) individuals eighteen (18) years of age or older, from
each of the following professions or disciplines:
a. Two (2) at-large members;
b. Five (5) members who possess a minimum of one of the following re-
quirements: 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. Oath: Each person, upon appointment or reappointment to the board, must ex-
ecute 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 mechanical inspector for
the City 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 is-
sued under this code shall have the right to appeal to the Mechanical and
Plumbing Code Board of Appeals, 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 interpret-
ed, 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 Appeals does not have the authority to
waive the requirements of this code.
85
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 per-
son 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 mem-
bership.
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 mem-
ber 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.
5. All administrative, personnel, accounting, budgetary, and procurement poli-
cies 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 postpone-
ment 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 city 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 re-
quired 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 Dan-
ger notices) shall stay the enforcement of the notice and order until the appeal
is heard by the appeals board.
Section 4. This Ordinance takes effect July 1, 2016.
86
Passed, approved, and adopted the 6th day of June, 2016.
/s/Ric W. Jones, Mayor Pro-Tem
Attest: /s/Kevin Firnstahl, City Clerk
Summary published officially in the Telegraph Herald newspaper on the 24th day of
June, 2016.
/s/Kevin S. Firnstahl, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 27-16
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE B RESIDENTIAL
CODE, SECTIONS 14-1B-1 INTERNATIONAL RESIDENTIAL CODE ADOPTED AND
14-1B-2 INTERNATIONAL RESIDENTIAL CODE AMENDMENTS BY REPEALING
SUCH SECTIONS AND ENACTING NEW SECTIONS IN LIEU THEREOF ADOPTING
THE 2015 INTERNATIONAL RESIDENTIAL CODE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. 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:
14-1B-1: INTERNATIONAL RESIDENTIAL CODE ADOPTED:
Except as hereinafter added to, deleted, modified, or amended, there is hereby
adopted by reference as the building code of the city that certain building code known
as the international residential code, 2015 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 reconstruction 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, 2015 edition, as adopted, shall be on
file in the office of the city clerk for public inspection.
Section 2. 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, 2015 Edition, adopted in
Section 14-1B-1 to read as follows:
The following additions, deletions, modifications, or amendments of the international
residential code, 2015 edition, adopted in section 14-1B-1 of this article to read as fol-
lows:
Section R102.7 Existing Structures. Amended to read:
R102.7 Existing structures. The legal occupancy of any structure existing on the
date of adoption of this code shall be permitted to continue without change, ex-
cept as is specifically covered in this code, the International Property Mainte-
nance Code as adopted by the City of Dubuque in Title 14, Chapter 1, or the In-
ternational Fire Code as adopted by the City of Dubuque in Title 14, Chapter 1,
or as is deemed necessary by the code official for the general safety and wel-
fare of the occupants and the public.
Section R103.1 Creation of Enforcement Agency. Amended to read:
87
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
code official.
Section R105.5 Expiration. Amended to read:
Sec. R105.5. Expiration. Every permit issued shall become invalid unless the work
on the site authorized by such permit is completed within one year after its is-
suance. The code official is authorized to grant, in writing, one or more exten-
sions of time, for periods not to exceed 180 days. The extensions shall be re-
quested in writing and justifiable cause demonstrated.
Section R112.1 through R112.4 replaced with City of Dubuque Code of Ordinances
Section 14-1A-6.
Section R113 Violations. Amended to read:
Sec. R113. Violations. It shall be unlawful for any person, firm or corporation to
erect, construct, enlarge, alter, repair, move, improve, remove, convert or de-
molish, 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, can-
cellation or forfeiture of any license or permit elsewhere in this code provided
for violation thereof.
A notice of violation is not required in every situation and city staff may issue a
municipal infraction without previously issuing a notice of violation.
Section R202 Definitions. Amendment to “Building Official” and inclusion of “Code Of-
ficial”:
BUILDING OFFICIAL. See “CODE OFFICIAL”.
CODE OFFICIAL. The officer or other designated authority charged with the admin-
istration and enforcement of this code, or a duly authorized representative. Any
reference to “BUILDING OFFICIAL” in this code refers to “CODE OFFICIAL”.
Section R302.2.2 Parapets for Townhouses. Deleted.
Section R302.2.3 Parapet Construction. Deleted.
Section R303 Light, Ventilation and Heating. Deleted.
Section 310.1 Emergency Escape and Rescue Opening Required. Amended to read:
Sec. R310.1. Emergency Escape And Rescue Required. Basements, habitable at-
tics, 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.
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
88
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 accord-
ance 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 to-
tal floor area of 200 square feet (18.58 m2).
2. Basements without bedrooms that provide a second stairway that terminates
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 code official and the following conditions are met:
a. The exterior finish grade is more than 36 inches (914 mm) above the inte-
rior floor level of the room, or altering the exterior configuration of the
building 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 fin-
ished 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 R314.
Section 311.7.8.2 Continuity. Amended to read:
Sec. R311.7.8.2. 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 11/2 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 low-
est tread.
3. Top rails may be interrupted by walls.
Section 313 Automatic Fire Sprinkler Systems. Deleted.
Section R404.1.2 Design of Masonry Foundation Walls. Amended to read:
Sec. R404.1.2. Concrete Foundation Walls. Concrete foundation walls that support
light-frame walls shall be designed and constructed in accordance with the pro-
visions of this section, ACI 318, ACI 332 or PCA 100. Concrete foundation walls
that support above-grade concrete walls that are within the applicability limits of
section R611.2 shall be designed and constructed in accordance with the provi-
sions 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 founda-
89
tion walls, project drawings, typical details, and specifications are not required
to bear the seal of the architect or engineer responsible for design, unless oth-
erwise required 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.
Section 405.1 Concrete or Masonry Foundations. Amended to read:
R405.1 Concrete or masonry foundations. Drains shall be provided around con-
crete or masonry foundations that retain earth and enclose habitable or usable
spaces located below grade. Drainage tiles, gravel or crushed stone drains,
perforated pipe or other approved systems or materials shall be installed at or
below the area to be protected and shall discharge by gravity or mechanical
means into an approved drainage system. Gravel or crushed stone drains shall
extend not less than 1 foot (305 mm) beyond the outside edge of the footing
and 6 inches (152 mm) above the top of the footing. The top of open joints of
drain tiles shall be protected with strips of building paper. Except where other-
wise recommended by the drain manufacturer, perforated drains shall be sur-
rounded with an approved filter membrane or the filter membrane shall cover
the washed gravel or crushed rock covering the drain. Drainage tiles or perfo-
rated pipe shall be placed on a minimum of 2 inches (51 mm) of washed gravel
or crushed rock not less than one sieve size larger than the tile joint opening or
perforation and covered with not less than 6 inches (152 mm) of the same ma-
terial.
Exception: A drainage system is not required where the foundation is installed
on well-drained ground or sand-gravel mixture soils according to the Unified
Soil Classification System, Group I soils, as detailed in Table R405.1.
Section N1101.14 (R401.3) Certificate (Mandatory). Deleted.
Section N1102.4.1.2 (R402.4.1.2) Testing. Deleted.
Section N1103.3.4 (R403.3.4) Duct Leakage (Prescriptive). Deleted.
Section N1103.3.5 (R403.3.5) Building Cavities (Mandatory). Amended to read:
Section N1103.3.5 (R403.3.5) Building Cavities (Mandatory). Exterior building fram-
ing cavities shall not be used as ducts or plenums.
Section 2903.6 Determining Water Supply Fixture Units. Amended to read:
Sec. P2903.6. 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 building,
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.
Section P2904 Dwelling Unit Fire Sprinkler Systems. Deleted.
Chapter 30 Sanitary Drainage. Deleted.
Section P3114.3 Where Permitted. Amended to read:
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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 cas-
es 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.
Appendix A – Adopt
Appendix B – Adopt
Appendix C – Adopt
Appendix D – Adopt
Appendix E – Do Not Adopt
Appendix F – Do Not Adopt
Appendix G – Adopt
Appendix H – Adopt
Appendix I – Do Not Adopt
Appendix J – Adopt
Appendix K – Do Not Adopt
Appendix L – Do Not Adopt
Appendix M – Do Not Adopt
Appendix N – Adopt
Appendix O – Do Not Adopt
Appendix P – Do Not Adopt
Appendix Q – Do Not Adopt
Appendix R – Do Not Adopt
Appendix S – Do Not Adopt
Appendix T – Do Not Adopt
Appendix U – Do Not Adopt
Section 3. This Ordinance takes effect July 1, 2016.
Passed, approved, and adopted the 6th day of June, 2016.
/s/Ric W. Jones, Mayor Pro-Tem
Attest: /s/Kevin Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 24th day of June, 2016.
/s/Kevin S. Firnstahl, City Clerk
11. WS Live - Amendment to Development Agreement: City Manager recommending
approval of the Second Amendment to Development Agreement among and between
the City of Dubuque, Interstate Building, LLLP and WS Live, LLC in order to correct the
Termination Date in Section 6.3 to June 1, 2017. Motion by Lynch to receive and file the
documents and adopt Resolution No. 230-16 Approving the Second Amendment to De-
velopment Agreement among and between City of Dubuque, Interstate Building, LLP,
and WS Live, LLC. Seconded by Connors. Motion carried 5-0 with Del Toro abstaining
for possible conflict of interest as an employee of WS Live.
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RESOLUTION NO. 230-16
APPROVING THE SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
AMONG AND BETWEEN CITY OF DUBUQUE, INTERSTATE BUILDING, LLLP, AND
WS LIVE, LLC
Whereas, a Development Agreement (the Agreement), dated November 3, 2008,
was entered into by and between the City of Dubuque, a municipal corporation of the
State of Iowa (City), and Interstate Building, LLLP and WS Live, LLC; and
Whereas, City, Interstate Building, LLLP, and WS Live, LLC now desire to amend the
Development Agreement as set forth in the attached Second Amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Second Amendment of the Development Agreement among and
between City, Interstate Building, LLLP, and WS Live, LLC is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute said Second
Amendment on behalf of the City of Dubuque and the City Clerk is authorized and di-
rected to attest to his signature.
Section 3. That the City Manager is authorized to take such actions as are necessary
to implement the terms of the Second Amendment as herein approved.
Passed, approved and adopted this 6th day of June, 2016.
Ric W. Jones, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
12. Resolution of Necessity for 210 Jones Street Urban Revitalization: City Manager
recommending approval of a Resolution of Necessity for an Urban Revitalization Area at
210 Jones Street. Motion by Lynch to receive and file the documents and adopt Resolu-
tion No. 231-16 Resolution of Necessity finding that the rehabilitation, conservation, re-
development, economic development, or a combination thereof of 210 Jones Street in
the City of Dubuque, Iowa, is necessary in the Interest of public health, safety, or wel-
fare of the residents of the City. Seconded by Resnick. Responding to questions from
the City Council, City Manager Van Milligen the Urban Revitalization designation pro-
cess and provided information on funding sources. Motion carried 6-0.
RESOLUTION NO. 231-16
RESOLUTION OF NECESSITY FINDING THAT THE REHABILITATION, CONSER-
VATION, REDEVELOPMENT, ECONOMIC DEVELOPMENT, OR A COMBINATION
THEREOF OF 210 JONES STREET IN THE CITY OF DUBUQUE, IOWA, IS NECES-
SARY IN THE INTEREST OF PUBLIC HEALTH, SAFETY, OR WELFARE OF THE
RESIDENTS OF THE CITY
Whereas, as a preliminary step to exercising the authority to approve an area for ur-
ban revitalization conferred upon Iowa municipalities by Iowa Code Chapter 404, a mu-
nicipality must adopt a resolution finding that the rehabilitation, conservation, redevel-
opment, economic development, or a combination thereof of the area is necessary in
the interest of public health, safety, or welfare of the residents of the city, and
Whereas, 210 Jones Street in the City of Dubuque, Iowa, according to the recorded
plat thereof (the Area) is the location of 210 Jones, LLC. (the Company); and
92
Whereas, the Area is located in an Urban Renewal Area and the Company is propos-
ing an economic redevelopment of the Area; and
Whereas, the City Council finds that the economic redevelopment of the Area is nec-
essary in the interest of the welfare of the residents of the City, and that the Area sub-
stantially meets the criteria for urban revitalization according to Iowa Code § 404.1.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. 210 Jones Street in the City of Dubuque, Iowa is appropriate as an eco-
nomic development area as defined in Iowa Code § 403.17, and is hereby designated
the 210 Jones Street Urban Revitalization Area.
Section 2. The City Manager is hereby directed to prepare a proposed Urban Revital-
ization Plan for the 210 Jones Street Urban Revitalization Area in conformance Iowa
Code Chapter 404for review and approval by the City Council.
Passed and approved this 6th day of June, 2016.
Ric W. Jones, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
13. Request for Work Session - Bee Branch Creek Restoration Project W alking Tour:
City Manager requesting the City Council schedule a work session for another walking
tour of the Bee Branch Creek Restoration Project for Monday, July 11, 2016 at 5:30
p.m. The tour will start at the parking lot at Garfield Avenue and Pine Street. Motion by
Connors to receive and file the documents and set the work session as recommended.
Seconded by Lynch. Mayor Pro-Tem Jones stated that he will not be able to attend the
work session. Motion carried 6-0.
COUNCIL MEMBER REPORTS
Council Member Connors reported on a presentation she made in the Council
Chambers to several groups of second grade students on how a city works and con-
gratulated the teachers for providing the opportunity.
Mayor Pro-Tem Jones reported on the recent delegation visit to Washington, DC and
the meetings with legislative staff. Jones reminded everyone to vote in the primary elec-
tion on Tuesday, June 7, 2016.
CLOSED SESSION
Motion by Connors at 8:16 p.m. to convene in closed session to discuss pending liti-
gation and property acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Se-
conded by Lynch. Mayor Pro-Tem Jones stated for the record that the attorney the City
Council will consult with on issues to be discussed in closed session is Assistant City
Attorney Maureen Quann. Motion carried 6-0.
Upon motion the City Council reconvened in open session at 8:35 p.m. having given
staff proper direction.
There being no further business, upon motion the City Council adjourned at 8:36 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk