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The fire chief in matters of fire prevention shall have full power to exercise judgment in a reasonable and proper manner and rule accordingly on all special cases in regard to any of the matters and things treated in this code relating to fire hazards not specifically covered thereby. (Ord. 46-10, 8-6-2010; amd. Ord. 23-23, 5-15-2023)
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, 2021 edition, as published by the International Code Council, and the provisions of such mechanical code shall be controlling for the installation, maintenance, and use of heating, ventilating, cooling, refrigeration systems, incinerators, and other miscellaneous heat-producing appliances within the corporate limits of the City and shall be known as the Dubuque Mechanical Code. A copy of the International Mechanical Code, 2021 edition, as adopted, shall be on file in the Office of the City Clerk for public inspection. (Ord. 42-19, 9-3-2019; amd. Ord. 24-23, 5-15-2023)
The following additions, deletions, modifications, or amendments of the International Mechanical Code, 2021 edition, adopted in section 14-1F-1 of this article to read as follows:
Section 101.1 Title. Amended to read:
101.1 Title. These regulations shall be known as the Dubuque Mechanical Code, hereinafter referred to as “this code.”
Section 103.1 Creation of enforcement agency. Amended to read:
103.1 Creation of enforcement agency. The Inspection & Construction Services Division is hereby created and the official in charge thereof shall be known as the code official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code.
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 during which any such unlawful act is committed, continued, or permitted to continue and upon conviction shall be punishable as provided in title 1 of the City Code of Ordinances. The penalty herein provided shall be cumulative with and in addition to the revocation, cancellation, or forfeiture of any license or permit elsewhere in this code provided for violation thereof.
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 113 Means Of Appeal. Amended to read:
113.1 Means of Appeals. See City of Dubuque Code of Ordinances section 14-1A-6
Section 114. Board of Appeals. Amended to read:
114.1 Board of Appeals. See city of Dubuque code of ordinances section 14-1A-6
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 representative. Any reference to “building official” in this code refers to “code official”. (Ord. 42-19, 9-3-2019; amd. Ord. 24-23, 5-15-2023)
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