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WHEREAS, a National emergency exists and such emergency <br />has caused, and will from time to time cause certain materials used <br />in the construction, re- construction, alteration and repairs of <br />buildings to be withdrawn from the open market and has also limited, <br />and will from time to time limit the supply of other materials so <br />used, and <br />WHEREAS, the Federal Government has suggested that as to <br />such materials ordinance provisions requiring the use thereof be <br />suspended to permit the substitution of other materials, installations <br />or method of construction during such emergency, <br />NOW,, THEREFORE, BE IT ORDAINED by the Common Council of <br />the City of South Bend, that: <br />Section I. <br />The Building'Commissioner shall be and hereby is authorized <br />to approve temporarily, as conditions from time to time may require, <br />substitutions of building materials, including electric wiring, <br />plumbing, heating and any other materials, equipment, methods of <br />installation, or methods of construction in respect to buildings <br />or structures, as now required by ordinance provisions of the City of <br />South Bend., whenever said Building Commissioner shall determine; <br />1. That the materials required by ordinance provisions <br />are not available or cannot be obtained within a <br />reasonable time or cannot be obtained except at pro - <br />hibitive cost; and <br />2. That the use of such substitute materials or equip- <br />ment, or installation or metYn ds of construction will <br />not materially increase the fire, health or life hazard, <br />nor materially lessen the structural stability of the <br />building or structure for which said substitute is to <br />be used. <br />Section II <br />The said Building, Commissioner shall be and 'hereby is <br />granted authority to prg4mzlgate rules and regulations to carry out <br />the intent and purposes of this ordinance. The rulings of said <br />Building Commissioner in respect to substitutes shall be complied <br />with by the various building designers, contractors and inspectors. <br />Section III. <br />In any case in which a permit is refused by the Building <br />Commissioner, the applicant shall have the right to demand a review of <br />the Building Commissionerts action by the Board of Public Works, which <br />shall determine whether or not the use of a substitute plan method <br />and /or materials shall be consistent with the public health, safety <br />and convenience. <br />Section IV. <br />It shall be unlawful for any person, firm or corporation <br />to fail, or neglect or refuse to comply fully with each and every <br />term and provision under which any such permit or approval shall have <br />been obtained and upon conviction in the City Court of any person, <br />firm or corporation failing, neglecting or refusing so to comply, <br />such person shall be punished\by a fine of not more than $300.00, <br />or imprisonment not exceeding \thirty days or by both such fine and <br />imprisonment. <br />