HomeMy WebLinkAboutAmending Chapter 6 Building ORDINANCE No. 8243-92
Passed by the Common Council of the City of South Bend, Indiana.
February 10, Yq 92
Attest: - $- City Clerk
IRENE K. GAMMON
Attest: ..4 % / President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
February 11, i9 92
City Clerk
IRENE K. GAMMON
Approved and signed by me February 14 i9 92
o , ,
Mayor
SUBSTITUTE ORDINANCE NO. P02 , /,g- 9,
AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING
VARIOUS SECTIONS THROUGHOUT CHAPTER 6 OF THE
MUNICIPAL CODE ENTITLED "BUILDING"
STATEMENT OF PURPOSE AND INTENT
The purpose of this ordinance is to amend Chapter 6 of the
Municipal Code so as to ( 1) adopt by reference current editions of
state and national building codes and to provide that future
revisions to such codes will be deemed a part of the municipal code;
( 2) make fee schedules and other code provisions compatible with the
St. Joseph County Building code to simplify the operation of the
Consolidated Building Department; ( 3 ) delete certain provisions of
the Code which conflict with state laws or regulations, and (4) make
other minor structure and content changes.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA, AS FOLLOWS:
Section 1. Chapter 6 of the South Bend Municipal Code is amended
to read as follows:
CHAPTER 6
BUILDING
ARTICLE 1. GENERAL PROVISIONS
§6-1. Definitions
§6-2. Powers of County Health Department, Health Officer and
Chief of Fire Department not affected by chapter.
§6-3. Effect of chapter as to other ordinances or laws.
§6-4. Permit fees.
§6-4. 1 Building code available.
§6-4.2 ¢091¢/ iffht¢OgiOyit Enforcement by Building Department
§6-4.3 Building Commissioner.
§6-4. 4 Reports and records.
§6-4. 5 Employee restrictions.
ARTICLE 2. BUILDING RULES AND PROCEDURES
§6-5. Adoption by reference.
§6.6. 1644 I I0/000.0/140Ata/Of/4160AX l Administration.
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ARTICLE 3 . DEVELOPMENT DESIGN REVIEW
§6-7. Development design areas.
§6-7. 1 Development Design Review Committee.
§6-7.2 Appeal.
§6-8. Application
§6-8. 1 Modification or deletion of other requirements.
§6-8.2 Reserved.
ARTICLE 4. PLUMBING CODE
§6-9. Plumbing Inspector
§6-10. Fees, registration and permits for plumbing services.
ARTICLE 5. CONSTRUCTION PROJECT,
TEMPORARY WALKWAYS
§6-11. Permit requirements.
§6-12. Sidewalk or temporary walkway requirements.
§6-13. Temporary sheds or trailers; removal
§6-14. Temporary permission to occupy streets and sidewalks
for purpose of building.
§6-15. Temporary wooden fences; construction; removal.
§6-16. Advertising on temporary structures, walks and fences
prohibited; exception.
§6-17. Suspension or revocation of licenses or permits, refusal to
issue licenses or permits.
§6-18. Penalty.
ARTTCT.R A RT.RrmPTcaT. rnmp
§6-21. Electrical Inspector.
§6-22. Electrical Examining Board.
§6-23. Electrical licenses.
§6-24. Permits
§6-25. Inspections.
§6-26-6-35 Reserved
ARTICLE 7. MECHANICAL CODE
§6-36. Mechanical Inspector
§6-36.1 Heating, Air Conditioning and Ventilating Examining Board
§6-36.2 Hearing, air conditioning and ventilating licenses.
§6-36. 3 Permits.
ARTICLE 8. PROPERTY MAINTENANCE CODE
§6-37. BOCA Basic Property Maintenance Code.
ARTICLE 9. FLOODPLAIN CODE
§6-38. Definitions.
§6-39. Floodplain regulations.
ARTICLE 10. VACANT STRUCTURES
§6-40. Applicability of article.
§6-41. Definitions
§6-42. Securing premises.
§6-43. Removal of signs.
§6-44 Violation of article deemed nuisance, abatement; appeals.
CHAPTER 6
Sec. 6-1. Definitions.
As used in this chapter:
(1) Building code means the provisions of this chapter and the
standard statewide building codes 144tAtOd/ /tt0/X 11AAA
as adopted by reference in this chapter, and as amended by this
chapter.
(2) Building Official or Building Commissioner means the City of
South Bend's Building Commissioner.
(3) City means the City of South Bend, Indiana.
(4) Department means the ¢091¢/ 0t¢¢ ¢4t10¢16Atli¢pit1 City of
South Bend's Building Department.
(Code 1962, § 9-1; Ord. No. 6162.77, § 1; Ord. No.
7304-84, § 1)
Sec. 6-2. Powers of County Health Department, Health Officer and
Chief of Fire Department not affected by chapter.
Nothing contained in this chapter shall be deemed to reduce,
limit or remove any of the power or authority of the County Health
Department, the Health Officer or the Chief of the Fire Department.
(Code 1962, §9-4)
Sec. 6-3. Effect of chapter as to other ordinances or laws.
Nothing contained in this chapter shall be deemed to reduce or
remove any pertinent provisions of other ordinances or laws now in
effect unless specifically designated in this chapter or unless such
»rwicinrc me lcec rcct rin�aa cimilnr »rwi cirrc e,c 4-Hic
(a) No person shall build or construct any new building or
structure, or alter, repair, remodel, demolish, or move an existing
structure, or install a sign, billboard, fence, in-ground pool, or
wood burning stove within the City without obtaining, in advance, a
permit from the Department.
f17(b) Unless otherwise provided in the building code, the
fees to be charged for the issuance of permits by the Department shall
be paid at the time the permit is issued.
(1) The fee for permits issued for new construction and
building additions shall be based upon the square footage of such new
construction or addition at the rate of 5 cents per square foot for
the first 100,000 square feet and 3 cents per square foot for each
additional square foot.
KZ%(2) Permits issued for all A00/¢0A0t li yiA/#AV#XX
alterations, repairs #lia remodeling of existing structures over five
hundred dollars ($500.00) , and fence installation and in-ground pool
installation shall be subject to the following fee schedule:
Estimated Construction Costs Permit Fees
$ 1.00 to 1,000.00 $15.00
1,001.00 to 1,100.00 16. 00
1,101.00 to 1,200.00 17.00
1,201.00 to 1,300.00 18.00
1,301.00 to 1,400.00 19.00
1,400. 00 to 1,500.00. . 20.00
1,501. 00 to 1,600. 00. . . 21.00
1,601.00 to 1,700. 00 22.00
7n1 nn 4-, 1 Qnn nn 11 nn
3,001. 00 to 4,000.00 31. 00
4,001. 00 to 5,000.00 34. 00
5,001. 00 to 6,000.00 37.00
6,001. 00 to 7,000.00 40.00
7,001. 00 to 8,000. 00 43 .00
8,001.00 to 9,000.00. . . . 46. 00
9,001. 00 to 10,000.00 49.00
10,001. 00 to 11,000.00 51. 00
11,001.00 to 12,000.00 53.00
12,001.00 to 13,000.00 55. 00
13,001. 00 to 14,000.00 57. 00
14,001.00 to 15,000.00 59.00
15,001. 00 to 16,000.00 61.00
16,001. 00 to 17,000.00 63. 00
17,001. 00 to 18,000.00 65.00
18,001.00 to 19,000. 00 67.00
9,001. 00 to 20,000.00 69. 00
20,001.00 to 21,000.00 71.00
21,001.00 to 22,000.00 73.00
22,001.00 to 23 ,000. 00 75.00
23,001.00 to 24,000.00 77.00
24,001.00 to 25,000.00 79.00
25,001. 00 to 26,000.00 81.00
26,001.00 to 27,000.00 83 .00
27,001.00 to 28,000.00 85.00
28,001.00 to 29,000.00 87.00
29,001.00 to 30,000.00. . . . . . . . . . . . . . . . . . . . . . . . . 89.00
30,001.00 to 31,000.00 91.00
31,001.00 to 32,000.00 93 . 00
32,001.00 to 33,000. 00 95. 00
33,001. 00 to 34,000.00 97.00
34,001. 00 to 35,000.00 99.00
is nni nn qg nnn nn in, nn
39,001. 00 to 40,000. 00 109.00
40,001.00 to 41,000.00 111.00
41,001.00 to 42,000. 00 113.00
42,001. 00 to 43 ,000.00 115. 00
43,001.00 to 44,000.00 . .. . . . . . . .117.00
44,001.00 to 45,000.00 119.00
45,001. 00 to 46,000. 00 , . . . . . . . .1 . .121.00
46,001. 00 to 47,000.00 - 123.00
47,001. 00 to 48,000.00 125. 00
48,001.00 to 49,000.00 127.00
49,001.00 to 50,000.00 ..129.00
50,001.00 to 51,000. 00 131.00
51,001. 00 to 52,000.00 133 .00
52,001. 00 to 53,000.00135. 00
53,001.00 to 54,000.00 137.00
54,001.00 to 55,000.00 139.00
55,001.00 to 56,000. 00 141.00
56,001.00 to 57,000.00 143 .00
57,001.00 to 58,000.00 145. 00
58,001.00 to 59,000. 00 _. . . . . . . . . . .147.00
59,001. 00 to 60,000.00 149.00
60,001. 00 to 61,000. 00 151.00
61,001.00 to 62,000.00. . 153.00
62,001.00 to 63,000.00 155.00
63 ,001.00 to 64,000.00 157.00
64,001.00 to 65,000.00 159.00
65,001.00 to 66,000. 00 161.00
66,001.00 to 67,000.00 163.00
67,001.00 to 68,000.00 165.00
68,001.00 to 69,000.00 167.00
69,001. 00 to 70,000.00 169.00
70,001.00 to 71,000.00 . . . . . . . . . . . . . . .171.00
71 nni nn 77 nnn nn 171 nn
75,001. 00 to 76,000.00. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 181.00
76,001.00 to 77,000.00 183 . 00
77,001. 00 to 78,000. 00 185. 00
78,001.00 to 79,000.00. . . .. 187.00
79,001.00 to 80,000.00 189.00
80,001. 00 to 81,000. 00 191.00
81,001. 00 to 82,000.00 . . . . . ... . . . . .193. 00
82,001. 00 to 83,000.00 195.00
83,001. 00 to 84,000.00 197.00
84,001.00 to 85,000.00 . . . . . . . . . . . . 199. 00
85,001.00 to 86,000.00 201.00
86,001.00 to 87,000.00 203.00
87,001. 00 to 88,000.00 205.00
88,001.00 to 89,000. 00. . . . . . . . . . . . . . . . . . 207. 00
89,001.00 to 90,000.00 209.00
90,001.00 to 91,001.00. . . . . . . . . . . . . . . . . ... . . . . . . . . 211.00
91,001.00 to 92,000.00 213.00
92,001. 00 to 93,000.00 215.00
93,001. 00 to 94,000.00 . . . . . . . . . . . . . .217.00
94,001.00 to 95,000.00 219. 00
95,001.00 to 96,000.00 221.00
96,001. 00 to 97,000.00 223.00
97,001. 00 to 98,000.00 225.00
98,001. 00 to 99,000.00 227.00
99,001.00 to 100.000.00 229.00
100,000.00 and up 229.00
Plus, per thousand dollars of estimated construction cost
thereafter, up to $1,000,000.00 total estimated con-
struction cost 0.75
Plus, per one thousand dollars of estimated construction
nr�cFc f-l�cro�� - v A CA
121X1(4) Fifty dollars ($50.00) for each additional final
inspection necessitated by the failure to pass the previous final
inspection.
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(7) Sign Permits. Fees shall be charged for the issuance of
permits for the installation or erection of freestanding signs;
billboards, including outdoor and off-premises signs; facia signs;
marquee or canopy signs and for lettering on buildings as follows:
a. One (1) square foot or less of display area and
embellishments, no fee;
b. One (1) square foot to twenty-five ( 25) square feet of
display area and embellishments, fifteen dollars ($15.00) ;
c. Twenty-five (25) square feet to fifty ( 50) square feet of
display area and embellishments, twenty dollars ($20. 00) ;
d. Fifty (50) square feet to one hundred (100) square feet of
display area and embellishments, twenty-five dollars ($25.00) ;
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f. Temporary signs: First thirty ( 30 days' permit, ten dollars
($10.00) ; each thirty (30) days of extension of temporary permit, ten
dollars ( $10.00) .
(8) Wrecking and demolition permit fees shall be as follows:
a. Residential:
1. Fifteen dollars ($15.00) per one and two-story
house, including accessory.
2. Twenty dollars ( $20.00) dollars for more than a
two-story house.
b. Commercial;
1. Twenty dollars ( $20.00) per one-story building up
to four thousand ($4,000) square fee.
2. Forty dollars ($40.00) per one-story building with
four thousand one (4,001) to ten thousand ( 10,000) square feet.
3. Forty-five dollars ($45.00) per one-story building
with ten thousand one (10,001) or more square feet.
c. Other fee requirements: For any building with two ( 2)
or more stories, fifty (50) percent of the single-story fee to be
added according to size for each story.
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a41(10) Move any building greater than two (2) stories in
height over public streets or alleys, one hundred twenty-five dollars
($125.00) .
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KX7J(11) The feet for installation of a wood burning stove
0/ /faX0Otishall be Five Dollars ($5.00) per flue (including
chimney and chimney connector) .
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f16J(c) The fees provided in this section shall not include
permits for plumbing, heating or electrical installations covered by
other provisions of this Code or other ordinances of the City.
f¢J(d) Refunds of fees paid for permits which have been
revoked for any reason, or which have expired prior to full completion
of work shall not be made; nor shall such fee be applied to reduce the
fee of any subsequent permit issued by the Department, including any
permit which may be issued for any structure at the same location.
fcU(e) Where a person shall unlawfully proceed to do any work
or construction without a required permit, the applicable permit fees
cha l l him 1-ri n1 AA ac a nomna l t-v_ Tha navmAnt- of cunh nlana l t-v sha l l nntt.
(f) The Building Commissioner shall periodically review the
permit fees charged by the Department, comparing the fees to those
charged by other local governmental entities and comparing the total
annual fees collected to the annual cost of operating the Building
Department. Such a review shall be made at least once every three (3)
years. The Building Commissioner shall report the findings and
conclusions from such review to the Common Council of the City.
(Code 1962, §9-6; Ord. No. 7005-81,§13( 1) , (2) , (4) ; Ord. No. 7043-82,
§1; Ord. No. 7304-84, §2; Ord. No. 7616-86, §1; Ord. No. 7696-86, §1;
Ord. No. 7972-89, §1)
Sec. 6-4.1 Building code available.
At least two (2) copies of the building code, together with
amendments and supplements thereto, shall be kept in the Department
office for public inspection. (Ord. No. 7304-84, §3)
Sec. 6-4.2 ¢0d¢/ 0f¢¢1A¢At/40¢4¢l/ Enforcement by Building
Department.
The 00d0/Z4f0tO017604t Building Department is the City ¢c6
04f9V¢¢0¢4t agency to administer and enforce the rules, regulations,
and code adopted and promulgated under this chapter. (Ord. No.
7304-84, §3 )
Sec. 6-4. 3. Building Commissioner.
(a) The OJj¢¢t04/0f/tX0/0¢16AttOcilit Mayor shall appoint a
Building Commissioner, who shall hold at least a bachelor's degree in
architecture, mechanical, civil, electrical, or structural engineering
from an accredited college or university Avid or shall have at least
fly6¢/f$J ten ( 10) years' progressively responsible experience and a
thorough knowledge of the codes adopted by reference by this chapter.
The Building Commissioner must obtain certification by the Council of
American Building Officials within q4¢/11J two ( 2) years of
(1) Issue or deny all permits from the Department, after
review of applications, plans, diagrams and other documents required
by the Department to determine compliance with and enforcement of this
chapter.
(2) Issue stop work orders where work on a building or
structure is occurring in violation of this chapter.
(3) Issue or deny certificates of occupancy, in accord
with provisions of the building code.
(4) Exercise powers and perform duties accorded the local
Building Official under the rules, regulations, and codes adopted and
promulgated under this chapter. (Ord. No. 7304-84, §3)
Sec. 6-4. 4. Reports and records.
(a) The Director of the Department shall submit a report to the
Mayor annually, covering the work of the Department during the
preceding year. The report shall include recommendations for
amendments to the building code.
(b) The Department shall keep a permanent, accurate account of
all fees and other monies collected and received, the names of persons
upon whose account the fees and monies were paid, the date and amount
thereof, and the location of the building or premises to which they
relate. (Ord. No. 7304-84, §3)
Sec. 6-4.5. Employee restrictions.
No Department employee shall undertake or submit a bid to or by
himself or 14 with others engage in or directly or indirectly be
connected with the furnishing of labor, materials or appliances for
the erection, construction, enlargement, alteration, repair, moving,
improving, removing, conversion, demolition, equipping, or maintenance
of a building or structure or the preparation of plans or
specifications therefor, when such building or structure is subject to
the provisions of the building code, unless such employee is the owner
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Sec 6-5. Adoption by reference.
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(a) The following Articles of Title 675 of the Indiana
Administrative Code are hereby incorporated by reference into this
code and shall include later amendments to those Articles as the same
are published in the Indiana Register or the Indiana Administrative
Code with effective dates as fixed therein.
( 1) Article 12 - General Administrative Rules
(2) Article 13 - Building Codes
a. Fire and Building Safety Standards
b. Indiana Building Code
c. Indiana Building Code Standards
d. Indiana Handicapped Accessibility Code
( 3) Article 14 - One and Two Family Dwelling Codes
a. Council of American Building Officials One and Two
Family Dwelling Code
b. CABO One and Two Family Dwelling Code Amendments
c. Standards for Permanent Installation of Manufactured
Homes
( 4) Article 16 - Plumbing Code
T-ii i nr» Dl iiml�i rin ( ��o
( 6) Article 18 - Mechanical Code
Indiana Mechanical Code
(7) Article 19 - Energy Conservation Codes
a. Indiana Energy Conservation Code
b. Modifications to the Model Energy Code
( 8) Article 20 - Swimming Pool Code
Indiana Swimming Pool Code
( 9) Article 22 - Fire Prevention Code
(b) Also adopted and incorporated by reference into this code
are the Design Guidelines for the South Bend Central Development Area,
as amended, which shall be applied to real property and appurtenances
within the South Bend Central Development Design Area designated in
Section 6-7(a) (1) (Ord No. 7960-89, §9)
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Sec. 6-6. Administration
a. The Building Commissioner or his designated representative
shall have the power to administer and enforce the Building Code and
nnTT nnrl n 1 T ,,r/R 1 nnflp.ae er p.r Aat. �Anr.4—nA r,ac., nr 1 roar+-car l-ses i-k-' f'n........r.r.
b. The Chief of the Fire Department, or his designated
representative, shall assist the Building Commissioner in the
inspection of fire suppression, detection and alarm systems and shall
provide reports of such inspection to the Building Commissioner.
Sec. 6-6.1. Compliance with Building Code.
(a) It shall be unlawful for any person, firm or corporation to
erect, construct, enlarge, alter, repair, move, improve, remove,
convert, demolish, equip, use, occupy, or maintain any building or
structure in the City or permit the same to be done, in violation of
any of the provisions of the Building Code.
(b) Any person or anyone acting on behalf thereof who
violates or fails to comply with any of the provisions of the Building
Code shall be guilty of an offense and, upon conviction thereof, shall
be fined $ i0 five hundred dollars K$XOOIOOX ($500.00) . Each day
that a violation is permitted to exist shall constitute a separate
offense.
Sec. 6-6. 2. Moving permit.
(a) No person, firm, or corporation shall move any building or
structure in the City or cause the same to be done without obtaining
in advance a moving permit from the Department; provided, however,
that the provisions of this section shall not apply to the moving of
manufactured housing prior to its initial installation in compliance
with section 21-175 of the South Bend Municipal Code.
(b) The applicant must file with the Department a completed
application on the form provided, with all information indicated on
the application submitted in full and with all other required
information, including: the extreme height, width and length of the
structure when mounted; the proposed route over which the structure
F mnvcri. a. r'l n+- nl an chntai nrt the ci-i-nr.--lira in i i-c nrnnncAt3 nPcu
with such company or agency satisfactory surety to cover the cost of
any damage or changes in facilities resulting from the moving of the
structure over the proposed route; and any additional information the
department deems necessary for enforcement of the building code. The
applicant shall also provide a certificate of insurance showing
property damage coverage in the amount of one million dollars
($1,000,000.00) and liability coverage in the amount of five million
dollars ($5,000,000. 00) , naming the City of South Bend as co-insured.
(c) Within three (3) days after the completed application and
required information has been filed, the Department shall submit the
application and information to the Bureau of Traffic and Lighting, the.
Engineering Department, the Police Department, the Park Department and
the Building Commissioner for review and recommendations, with their
recommendations being submitted to the Department within five ( 5)
days. The Department shall immediately forward the application, other
information, certificate of insurance, and recommendations to the
Board of Public Works.
(d) At its next regularly scheduled meeting, the Board of
Public Works shall review the application, information, certificate of
insurance, and recommendations to determine the effect that the move
of the structure will have on public health, safety or welfare, as
well as any possible physical damage to public streets, sidewalks,
other public ways and public places and other properties. The Board
shall recommend to the Department whether or not to issue the permit.
The Department shall follow the recommendation of the Board and shall
not issue a moving permit without an affirmative recommendation from
the Board. In the event of denial of a permit, the Department shall
notify the applicant of such denial in writing setting forth the
specific reasons for such denial.
(e) In the event that the Department denies the moving permit,
the applicant shall have the right to request a hearing to review such
denial before the Mayor or his designee. Such request shall be made
i r 4-r. 4--vs- M—TAY ..7i 4-1„4 r. e•ecror. ("71 Am.vr etc 4-h Tov.�r�-mot�i- e•
certified, or by certified mail, return receipt requested, to the
applicant at the last known address, at least five (5) days prior to
the date of the hearing. The Mayor or his designee shall file a copy
of his findings and determination with the Department, the Board of
Public Works, and the applicant within twenty-four (24) hours after it
is made. The determination of the Mayor or his designee shall be the
final municipal action for the purpose of judicial review. (Ord N.
7304-84, §5)
Sec. 6-6. 3 . Demolition permit.
(a) No person, firm, or corporation shall demolish or cause to
be demolished a building or structure in the City without obtaining,
in advance, a demolition permit from the Department.
(b) The applicant shall file with the Department a completed
application on the form provided, with all information indicated on
the application submitted in full and with all other required
information.
(c) The Department shall not issue a demolition permit until
the applicant files a ten thousand dollar ($10,000.00) bond with the
Department, which bond must be approved by the Controller,
indemnifying the City against all loss or damage to public ways,
public places, and other public property during the course of the work
under the demolition permit and further conditioning that the
applicant will indemnify the City and pay any and all personal and
property damages caused by any negligent act or omission in the
demolition of such building or structure.
(d) In all cases where traffic control may be necessary during
the demolition work or whenever the building or structure to be
demolished is adjacent to arterial streets, the Department shall not
issue a demolition permit without first obtaining the approval of the
Public Works Department for barricading and traffic control. The
�.. ......t 7....1.7..r ..L.-.l l L... l - 1•.l.. ..r...r
1,4c. 1�evstA car i-l�c
(e) The permit holder shall place any necessary devices such as
barricades, warning signs, and lights when performing demolition work
over, across, or upon public sidewalks.
(f) The permit holder shall take all necessary precautions to
protect public ways, public places, and other public property during
the course of the work authorized by the demolition permit. The
permit holder must repair or replace any public ways, public places,
and other public property damaged during the demolition, to conform to
current City specifications, with the work to be approved by the
Public Works Department.
(g) The permit holder shall cut off the sewer service
connection to the main sewer line by plugging the sewer line with
concrete sufficient to prevent a back-up leak. The permit holder
shall notify the Department to inspect the sewer line plug before he
begins back-filling.
(h) After removing all materials and debris from any basement
of a building to be demolished, the permit holder shall break up the
basement floor sufficiently to assure free drainage of storm water and
shall top basement walls three (3) feet below the finished grade.
(i) No fire shall be permitted on the demolition site for the
disposition of material resulting from the demolition.
(j ) All debris and residue resulting from the demolition must
be hauled away and deposited in an approved landfill before
backfilling may begin; provided, however, that concrete and masonry
from the top three (3) feet below grade level may remain if it is
broken sufficiently to permit drainage and if it is put in the
basement cavity area, with the maximum size pieces being two (2) feet
square.
(k) The permit holder shall fill to grade level and grade the
lot with three (3) inches of top soil. Seeding must be done at the
time the lot is graded; provided, however, that seeding shall not be
required if a new building is scheduled to be constructed on the
Acmnl i f-i nn ci+-A rui thi n Rix ( Al months after completion of the
(a) No person, firm, or corporation shall install or cause to
be installed a wood burning stove in any building or structure in the
City without obtaining in advance a wood burning stove permit from the
Department.
(b) The applicant shall file with the Department a completed
application on the form provided, with all information indicated on
the application submitted in full and with all other information
required by the Department for the enforcement of the Building Code.
(c) All installations of wood burning stoves shall be inspected
by the Department two (2) times, one (1) each for preliminary venting
work and for final, completed installation. The permit holder shall
notify the Department at least twenty-four (24) hours in advance of
the time the work is ready for inspection. If the work does not pass
inspection, a reinspection fee of ten dollars ($10.00) shall be
charged for each future inspection of that state of work. (Ord. No.
7304-84, §5)
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ARTICLE 3. DEVELOPMENT DESIGN REVIEW
Sec. 6-7. Development design areas.
(a) The following areas are designated as development design
areas, and all real property and appurtenances therein shall be
subject to the provisions of this article;
(1) South Bend Central Development Design Area: Beginning at
the point of intersection of the south right-of-way line of Sample
Street with the west right-of-way line of Michigan Street; thence
north along said west right-of-way line of Michigan Street to its
intersection with the northerly line of the Conrail Railroad
r4 rOn*-r,f-canNr. +-honr•c nnrthmcct-crl v al nnrr ca i ti
with the Westerly projection of the north right-of-way line of Monroe
Street; thence east along said projection and the north right-of-way
line of said Monroe Street to its intersection with the southerly
projection of the centerline of the first fourteen-foot alley lying
west of Lafayette Boulevard; thence north along said projection and
the centerline of said fourteen-foot alley to the south right-of-way
line of Washington Street; thence west along said south right-of-way
line to the east right-of-way line of William Street; thence north
along said east right-of-way line to the north right-of-way line of
Colfax Avenue; thence east along said north right-of-way line to the
centerline of the first fourteen-foot alley lying west of Lafayette
Boulevard; thence north along said centerline, in certain places
being sometimes known as St. James Court, to the north right-of-way
line of LaSalle Street; thence east along said north right-of-way
line to the west right-of-way line of Michigan Street; thence north
along said west right-of-way line to the westerly projection of the
north line of Lot 111 in the Original Plat to the Town, now City of
South Bend; thence east along said projection, the North line of said
Lot 111 and its easterly projection to the center line of the St.
Joseph River; thence meandering northeasterly and northwesterly along
said centerline to the westerly projection of the south right-of-way
line of Corby Street; thence east along said projection and the south
right-of-way line of said Corby Street to the centerline of the first
fourteen-foot alley lying west of Hill Street; thence south along
said centerline to the north right-of-way line of Crescent Avenue;
thence southeasterly to the point of intersection of the south
right-of-way line of said Crescent Avenue with the centerline of the
first fourteen-foot alley lying west of said Hill Street; thence
southeasterly, southwesterly and south along the centerline of said
alley to the centerline of the first fourteen-foot alley lying north
of Cedar Street; thence east along said centerline to the centerline
of the first fourteen-foot alley lying east of Hill Street; thence
c�i �l� 3l�rrr c.m i A r.cni-crl i no +n 4he l ri nht-of-wav l i nP of
right-of-way line of Monroe Street; thence southwesterly along said
projection and the southerly right-of-way line of Monroe Street to
the easterly right-of-way line of Lincoinway East (U.S. Highway #33) ;
thence southeasterly along said easterly right-of-way line to the
south right-of-way line of Sample Street; thence west along said
right-of-way line to the place of beginning.
(2) Studebaker Corridor Design Area: A parcel of land being
a part of the City of South Bend, Portage Township, St. Joseph
County, Indiana, and being more particularly described as follows:
Beginning at the intersection of the centerline of Prairie Avenue and
the northerly right-of-way line of the New York Central Railroad;
thence, southeasterly along said line to the southeast corner of Lot
#20 in the recorded plat of "Martin & Tutt's Addition to the City of
South Bend," as recorded in the records of said county; thence,
southeasterly to the southwest corner of Lot #12 in said plat; thence
east along the line between Lots 12 & 13 in said plat to the
centerline of a north-south alley lying between Main and Michigan
Streets; thence, south along said centerline to the centerline of the
first alley north of Tutt Street; thence, east along said line 35.00
ft. to the centerline of the first alley west of Michigan Street;
thence, south to the centerline of Sample Street; thence, west along
said centerline to the alley lying between Michigan and Main Streets;
thence, south along said line to the centerline of Indiana Street;
thence west along said line to the centerline of Franklin Street;
thence north along said line to the centerline of the South Bend and
St. Joseph Railroad; thence, west along said line to the centerline
of Kendall Street; thence, north along said line to the centerline of
Cotter Street; thence, west along said line to the centerline of
Prairie Ave. ; thence northeasterly along said line to the centerline
of Chapin Street as shown on the recorded plat of "Inter Belt
Industrial Park" as recorded in Book 21 of plats on Page 1 in the
records of said county; thence, north along said line to the
Tcse e‘n cm4, }1-fGrinC =1ri,rr
(b) Except as hereinafter provided, no person, firm, or
corporation, shall erect, construct, enlarge, alter, repair, move,
improve, remove, convert or demolish any building, structure or other
real property or appurtenances located within a development design
area unless such work has been approved in advance by the Development
Design Review Committee pursuant to this article. (Ord. No. 7960-89,
§1; Ord. No. 8103-90, §L)
Sec. 6-7.1. Development Design Review Committee.
(a) A Development Design Review Committee is established with
the membership, powers, and duties, as set forth in this article.
(b) The Development Design Review Committee shall be composed
of nine (9) members as follows: The Director of the Division of
Redevelopment, who shall serve as chairperson; the City Engineer; the
City Building Commissioner; the Director of the St. Joseph County
Area Plan Commission; and five ( 5) other members, to be appointed by
the South Bend Redevelopment Commission. The five (5) members
appointed by the South Bend Redevelopment Commission each shall serve
a term of two (2) years and shall serve at the pleasure of the South
Bend Redevelopment Commission. The other four (4) members shall
serve while they hold their designated public offices. Five (5)
members shall constitute a quorum. All members shall serve without
compensation except for compensation ordinarily paid by virtue of any
other public office held by that member.
(c) The Development Design Review Committee shall have the
following powers and duties:
(1) To review and to approve, modify and approve, or
disapprove applications for work on any building, structure, or other
real property or appurtenances within a development design area;
provided, however, that such review and action shall relate solely to
compliance or noncompliance of the proposed work with design
guidelines for the specific development design area adopted by
rPfPrPnrP at liddVfdvi/a4q ccr,Fi rm A-7
Sec. 6-7. 2. Appeal.
Any decision of the Development Design Review Committee may be
appealed to the South Bend Redevelopment Commission. The decision of
the South Bend Redevelopment Commission shall be the final
administrative action for the purpose of judicial review. (Ord. No
7960-89, §1)
Sec. 6-8. Application.
(a) An application for any permit issued under authority of the
South Bend Municipal Code shall also be deemed to be an application
for review by the Development Design Review Committee when the site
of the proposed work is within a development design area and the
proposed work would affect exterior appearance of a property or its
appurtenances located within that area. Where no other permit is
required, an application for Development Design Review Committee
approval shall be filed with the Building Commissioner on the form to
be prescribed by the Development Design Review Committee.
(b) Within five (5) working days of receipt of such application,
the Building Commissioner shall forward the application to the
Development Design Review Committee for review and action.
(c) The Development Design Review Committee shall consider any
application and within thirty ( 30) days of its receipt shall approve,
modify and approve, or deny application. Where the application is
modified and approved or denied, the reasons for such modification or
denial shall be given in writing by the Committee. Failure to the
Committee to take action within forty-five (45) days after receiving
the application shall constitute approval thereof.
(d) The Development Design Review Committee shall forward in
writing its action on the application to the Building Commissioner.
(e) The Building Commissioner shall not issue a permit for any
work which will affect the exterior appearance of property located
.iovol^r»noni- elaci ern =re> >inl ecc -he =rw'.l i n=t-i nn hoc hacmn
for the work as modified by the Development Design Review Committee.
(Ord. No. 7960-89, §1)
Sec. 6-8.1. Modification or deletion of other requirements. .
Nothing herein shall be deemed to modify or delete any other
requirements of this Code for any proposed work within a development
design area. (Ord. No. 7960-89, §1)
Sec. 6-8.2. Reserved.
ARTICLE 4. PLUMBING CODE
Sec. 6-9. Plumbing Inspector.
The OU0005t/Of/00/0016AttiA010. Building Commissioner shall
appoint a Plumbing Inspector, who shall hold a valid Indiana plumbing
license and shall have at least t04/I40I five (5) years experience
in plumbing services as defined in section 07110f4 M1141
6-10(c) (1) (a) , below. In addition, the Inspector shall have a
thorough knowledge of the Indiana Plumbing Fti&X $ Code and of
approved materials and methods of plumbing necessary for safety to
persons and property. (Ord. No. 7304-84,§7(a) )
Sec. 6-10. Fees, registration and permits for plumbing services.
al (a) No person shall perform or cause to be performed the
installation or alteration of any plumbing work on or within the City
without obtaining, in advance, a permit from the Department.
(b) Where a person shall unlawfully proceed to do any work or
installation without a permit as required herein, the applicable
permit fee shall be tripled as a penalty. The payment of such
penalty shall not release the person in default from any other
penalties provided herein, nor from compliance with any relevant
provisions of the municipal code.
f .Y tol snhPdii1e of Hermit fees. TM6/t6Mddili/df/t(ittXt/)004
Each plumbing fixture or trap or set of fixtures on one trap,
including water, drainage piping and backflow protection
therefor. . . . . . . . . . 4.00
Each building sewer 7.00
Each water softener 6. 00
Each trailer park sewer 9.00
Each drain within building for rainwater systems 4.00
E ./00$4 160cXJ1 11 11 11Iu1 1111 J1111JJ111A11111u111lll1111llll/111//01oo
ZA04/15tX 0/40vb . 0/5[X4*644X/4)W0 1111111111111111111111111111/X0100
Each water heater and/or vent . . . . . . . . . . . . . . . . . r.. . . 6.00
Each gas piping system of 1 to 4 outlets 3. 00
Each gas piping system of 5 or more, per outlet 1. 00
Each industrial waste pretreatment interception, including its
trap and vent, excepting kitchen-type grease interceptors
functioning as fixture traps. . . . . . . . . . . . . . . . . . . . ._. . . . 7.00
Installation, alteration or repair of water piping and/or water
treating equipment 0/00
5.00
Repair or alteration of drainage or vent piping A100
5.00
Each lawn sprinkler system on any one meter, including
backflow protection devices thereof MOO
5.00
YA0110.0/16k4AgO /1 / Ac XX0vb/7VOtOOU3f0/40,fX00$/9516/tAAX$1
//16 y41/0y411/ /W/XWAXXAtXOA/01i/11i14V0t0¢i0d/tX1 ► X1 d/
II fX it Okl/XA0Xxt XAd/A000$$Att/0 /16116X141
//Xlt0/4/140 04$1111111111111111111111111111111111111111111111111//4100
// lOJl>W01/ A¢16111111111111111111111111111111111111111111111//X100
Fire protection sprinkler system:
0 to 30 heads 16.00
30 to 50 heads 31.00
Greater than 50 heads 44.00
ZAOX 1A460401/01001X/AID OWX/U$ 4111111111111111111111111//0100
1¢X (d) Registration and permits for plumbing services.
(1) Definitions. As used in this subsection, the following
words shall have the following meanings:
1$% a. Plumbing services: The construction,
installation, removal, alteration, repair, remodeling, or removal and
replacement, or the causing of such work to be done, for any
plumbing, gas, or drainage equipment, or any water softening or
conditioning or water sprinkler equipment or apparatus within or
adjacent to any building or premises.
116X b. Excavator: A person who installs sewers or
drainage systems and/or devices, such as drain basins, drywalls,
storm sewers, sanitary sewers, and septic tanks.
f¢J c. Journeyman plumber: A person who holds an Indiana
license and who engages or offers to engage in, as an occupation or
trade, plumbing services under the supervision, direction and
responsibility of a licensed plumbing contractor.
(01 d. Maintenance technician: A person who is employed
on a permanent basis to keep the premises of a commercial business
establishment of multifamily residential establishment in good
repair.
;(¢l e. Plumbing contractor: A person who holds an
Indiana license and who, for compensation, undertakes to or submits a
bid to or does himself or by others perform plumbing services and who
is responsible for substantially all of the plumbing services within
the entire project, or one who fabricates units of plumbing
substantially completed and ready for installation.
f. Sewer cleaners: A person who cleans or otherwise
repairs sewers.
(2) Registration required:
( }' a. All persons performing plumbing services within
the City shall be a Plumbing contractor and shall register with the
Tldna rtmcnt. nrnc�i ricer h�c.rccsor
4.1,„4-
al b. Registration shall be on forms provided by the
Department and shall be accompanied by payment of a registration fee,
as follows:
Excavators $10.00
Fire protection sprinkler contractors10.00
ZA0A/ 1� AX1 /dddt tA0t $11 11111111,1111/111111111/X 100
MAUtOAAA00/t 00114101 .111111111;111111111111111111/I%100
Sewer cleaners 10.00
$y44r1uilAd/1600XIXA4tAXX0 $11111111111111111111111111/X0100
Water softener dealer 10. 00
X¢X c. Registrations shall be for a term f `di/d4Ay.d±t/X
shad/d .t Ola/X 1 tIA1/ 0211 .tEX0A/dAd/4M .XX/160/ 040004/0A0X/t0At/14
144�t/X of one ( 1) year beginning from the date of issuance.
(3) Permits required:
XUI a. No person shall perform plumbing services within
the City without obtaining, in advance, a permit from the Department.
;COY b. Before a plumbing permit may be issued, the
applicant must comply with subsection c. of this section.
UI c. Other limitations on permit issuance:
1. An excavator may only be issued a permit for sewer
and water line work from a distance of two ( 2) feet outside of the
foundation walls of any building or structure to the public way.
2. A fire protection sprinkler ¢0At i(¢tE contractor
may only be issued a permit to install or repair fire protection
sprinkler systems.
3. A lawn sprinkler system contractor may only be
issued a permit to install or repair lawn sprinkler systems,
including backflow protection devices.
41//A/AAX4tE04AA00/t0014A4¢Xdd/ W/dy1Xj/$0/£$$dfed/A
160t0Xt/t Olt016A4/15X14 1A0/d 100/tOlXddd/1X 4d4/011Xdl1/ d91X d/A0
OXAA400/05/00/16X16X 41/I iO3adfid/O /010/i016AXi/Off'/t016X40010A VI$/t 0
tXd 1Ad/dt/SIX ddu1Xdi/ltXddd/d /0016X0ttel0 t/d /d/r,WAt OA44dd
01//. /4vbX X46/ 60X/X 4t4XXOt/ itt/0 4t/160/44$1404
160i]A E$/ 09:0.X 091/f04/09 /0014400 04/14 / 0/14$ XX s64/95f/401 444
1600X4,
7 5. A water softener dealer may only be issued a
permit to install water softening equipment or apparatus.
XO% (e) All plumbing installations requiring a permit shall be
inspected by the plumbing inspector three (3) times, once each for
underground work, rough-on work, and final completion. A complete
line test shall also be supervised by the plumbing inspector. The
plumbing permit holder shall notify the plumbing inspector at least
twenty-four (24) hours in advance of the time the work is ready for
inspection. If the work does not pass inspection, a reinspection fee
of ten dollars ( $10. 00) shall be charged for each future inspection
of that stage of work. (Code 1962, §9-3; Ord. No. 6162-77, §8; Ord.
No. 6604-79, §§1, 2; Ord. No. 7005-81, §2, 4(3) ; Ord. No. 7304-84,
7(b) ; Ord. No. 7513-85, §§2, 3; Ord. No. 7696-86, §3; Ord. No.
7972-89, §3)
ARTICLE 5. CONSTRUCTION PROJECT,
TEMPORARY WALKWAYS
Sec. 6-11. Permit requirements.
(a) All temporary occupancy of public property as hereinafter
provided for shall be considered and treated as being at the will of
the City, and will be permitted only by special permit issued by the
City Engineer.
(b) No permit shall be issued until the applicant has executed
and filed with the Board of Public Works and Safety a bond with
proper securities approved by the Controller, in an amount to be
designated by the Board, but in no case less than five thousand
Ant 1 „-c ltq nnn nn) .....,,a; � ;,,.,,.,a �.. - ..a.......s r.. -. --- --� ■--- -
reason of any act or thing done or neglected to be done, or by virtue
of the authority given in such permit.
(c), Such a permit will be for temporary occupancy of the street
or streets immediately in front of the contemplated building or
structure for the building operations as herein described and for
administration purposes.
(d) The fee for granting such a permit shall be twenty dollars
($20.00) .
(e) The occupancy of a street for the purposes permitted in the
permit shall never extend in front of any one building to exceed
one-third of the width of the roadway 0j/t0/011¢ 1/01 )E i/A0/0,A1/26¢
AWOM1/16t/010/Vgiff4O/$14414100t, unless a greater width is
permitted by the Board of Public Works, and in no event is any
material to be stored or placed closer than four (4) feet of any
railway track. In all cases where such obstruction of the street is
made there shall be a clear space of not less than one foot between
such obstruction and the curbline, which may be arched over at a
height sufficient to permit drainage of water in the gutter.
(f) A suitably surfaced walk, four (4) feet wide, for the use of
pedestrians shall be maintained between the building line and the
curbline, except as provided in section 6-12.
(g) Earth taken from the excavation and rubbish taken from the
building shall not be stored upon the sidewalk or roadway of the
street. (Ord. No. 5149-70, §1; Ord. No. 7005-81, §3(3) )
Sec. 6-12. Sidewalk or temporary walkway requirements.
(a) Whenever any building within four ( 4) feet of or abutting on
the sidewalk line is constructed, altered or repaired to a height of
more than one story on the exterior, a substantial temporary
r,rr,to.+�i ran nncTcr nvcr +he ci Acooa l lr nr Fcmrcnra rc7 wa l ltmav cha l l ha
exceed one hundred (100) persons between the hours of 8:00 a.m. and
5:00 p.m.
(b) The sidewalk cover may be one-half the width of the sidewalk
but not less than four (4) feet wide. The roof of the same shall be
of solid plank or plywood not less than two (2) inches nominal
thickness with an outer edge splash rail not less than forty-eight
(48) inches high and an enclosed back, all rigidly supported and of
sufficient strength to resist the force of falling materials. The
headroom under such protecting cover shall not be less than eight (8)
feet above the sidewalk. All changes in elevation shall be provided
with y1 tA16Z¢/4t0150/$t an easy graded approach at each end with
proper handrails. The walkway and approaches shall be kept open and
unobstructed by material, rubbish or snow at all times. It shall be
kept properly lighted during the hours of darkness.
(c) When it becomes necessary to reconstruct the permanent
sidewalk or build a vault under the sidewalk, a suitably surfaced
walkway not less than four ( 4) feet wide shall be built in the street
on a level with and connected to the adjoining sidewalks and so
constructed as not to obstruct the flow of water in the gutter.
(d) The temporary walkways shall not be maintained outside of
the curbline more than forty-eight (48) hours after the retaining
walls around such vaults have been built to grade and the sidewalk
work and all other construction work is completed. (Ord. No.
5149-70,§2)
Sec. 6-13. Temporary sheds or trailers; removal.
(a) Temporary sheds or trailers for office purposes or for
storage of tools and materials may be erected or parked upon the
public property within the limits prescribed for materials.
(c) The period of thirty ( 30) days may be extended at the
discretion of the City Engineer to allow for acts of God, strikes and
other acts beyond the contractor' s control. (Ord. No. 5149-70, §3 )
Sec. 6-14. Temporary permission to occupy streets and sidewalks for
purpose of building.
(a) The permission to temporarily occupy streets and sidewalks
for the purpose of building is intended for use only in connection
with the actual erection, repairing, alteration or removal of
buildings and is terminated after completion of such operations.
(b) No person shall occupy any street or sidewalk after the
completion of the operation for which other permit has been issued.
(Ord. No. 5149-70, §4)
Sec. 6-15. Temporary wooden fences; construction; removal.
Temporary wooden fences to shield lots during building operations
may be erected upon public property if the permit for the same has
been obtained. The fences shall not be less than four ( 4) feet nor
more than eight ( 8) feet in height, and shall be removed within ten
(10) days after the external walls of the building are erected and
the roof enclosure covered in. (Ord. No. 5149-70, §5)
Sec. 6-16. Advertising on temporary structures, walks and fences
prohibited; exception.
No person shall use the walls or any portion of the temporary
sheds or sidewalk coverings or any fences built around building
operations for billboards or for any manner of advertising, except
such as may pertain to the building itself. (Ord. No. 5149-70, §6)
The suspension or revocation of any license or permit, or the
refusal to issue any license or permit under this Code shall be for
just cause after notice and hearing thereof pursuant to the
provisions of section 1-18. (Ord. No. 5149-70, §7)
Sec. 6-18. Penalty.
Any person or agent or employee who violates any provision of
this article shall be subject, upon conviction, to a fine of not less
than ten dollars ($10.00) nor more than three hundred dollars
($300.00) for such offense. The continued violation of any provision
shall constitute a separate offense for each and every day such
violation may continue. (Ord. No. 5149-70, §8)
ARTICLE 6. ELECTRICAL CODE
Sec. 6-19. Connections to installations; permit and report
required.
(a) No person shall make connection from a supply of electricity
to any electrical equipment, for the installation of which a permit
is required, until a permit is issued by the Department.
(b) No person shall make connections from a supply of
electricity which has been disconnected or ordered to be disconnected
by the electrical inspector until an order to connect has been issued
by the electrical inspector.
(c) The electric utility shall submit to the Department a daily
report of the address of each service location where the utility's
customer has requested a final billing of the account. (Ord. No.
7304-84, §8)
con fL-711 T_i phi l i acs few rl=mmnoc
Nothing in this chapter shall be construed to relieve from or
lessen the responsibility or liability of any party owning,
operating, controlling, or installing any electrical service or
equipment for damages to person or property caused by any defect
therefrom. Nothing in this chapter shall be construed to have the
City assume any such liability by reason of examination authorized
under this chapter or by the license and certificate issued pursuant
to this chapter. (Ord. No. 7304-84, §8)
Sec. 6-21. Electrical. Inspector.
(a) Appointment; qualifications. The 01j¢¢#0/&E/01
0016 ttlA0 it Building Commissioner shall appoint an Electrical
Inspector, who shall have at least t0A/fX0% five (5) years'
experience in installation, alteration, repair or inspection of
electrical wiring and equipment for electric light, heat and power in
or on buildings or premises or shall have had fl3f0/X$J three (3)
years' of such experience and be a graduate of a recognized
engineering college or university. In addition, the Inspector shall
have a thorough knowledge of the Indiana Electrical 0.1610$ Code and
of approved materials and methods of electrical construction
necessary for safety to persons and property.
(b) Authority to discontinue use. Upon finding that any
electrical equipment is dangerous to persons or property because it
is defective or defectively installed, the Electrical Inspector has
the authority to order, in writing, the person responsible for the
electrical equipment to make changes or repairs necessary to place
the equipment in safe condition in compliance with this chapter. If
the person responsible does not comply with the order within
seventy-two (72) hours from service of the order, the Electrical
Inspector shall have the authority to disconnect or order the
----;-o 4-r, cmii rtmoni-
(c) Authority to disconnect electrical equipment. Upon the
approval of the Building Commissioner, the Electrical Inspector has
the authority to disconnect or cause the disconnection of any
electrical equipment immediately upon his determination that such
immediate disconnection is necessary for safety to persons or
property. (Ord. No. 7304-84, §8)
Sec. 6-22. Electrical Examining Board.
(a) An Electrical Examining Board (referred to in this article
as the Board) shall examine applicants for licenses under this
article, issue certificates therefor to qualified applicants who have
paid the prescribed fees and who have passed the examination
hereinafter required, and revoke or suspend any license after just
cause shown before such Board.
(b) The Board shall consist of five (5) members to be appointed
by the Mayor, as follows: Two ( 2) Class A Electrical Contractors,
one (1) electrical engineer registered in the State of Indiana, 0110
XXr/OZOOt ;{¢AX/¢4Sd$t d¢tX0d/10u.f it0A i one (1) representative from a
public utility providing electricity to St. Joseph County, and the
City Electrical Inspector. Members shall serve for terms of four (4)
years, and shall hold office at the pleasure of the Mayor. Each
member shall receive ten dollars ( $10.00) for each meeting of the
Board he attends, except for the Electrical Inspector, who shall
serve without pay.
(c) On the UUi4* second Monday in March and on the Mgt
*Witt second Tuesday in Mitliitt September, the Board or its
designee shall examine applicants for licenses, provided that any
such applications are pending. The Board may also meet at other
times at the call of the chairman of the Board.f/$did/7VOndO/U0i
(d) The Board shall keep a record of all licenses and
certificates and 0411X/X416 /p lit04/A/ AAO. .X/0f/Xt $ may adopt rules
and regulations for conduct of examinations.
(e) Three (3) members of the Board shall constitute a quorum for
the transaction of business, but any action taken at a meeting shall
require the affirmative vote of at least three (3 ) members.
(f) No new license under this article shall be issued without
written approval by the Board. (Ord. No. 7304-84, §8)
Sec. 6-23. Electrical licenses.
(a) Required. No person shall perform or cause to be performed
any installation, maintenance, alteration or repair of any electrical
equipment within the City without obtaining in advance a license from
the Controller. 416014/15i0$0Ati t,404/0f/A/00ttlfIOA 4$4 L4 0./)5 /1010
BOAN
(1) Class A electrical contractor's license. A Class A
electrical contractor' s license may be issued to a person who
maintains a business telephone in St. Joseph County and is
principally engaged in the business of electrical contracting. This
license entitles the holder and his employees to perform electrical
contracting work.
( 2) Class B industrial electrical license. A Class B
industrial electrical license may be issued to a person who installs,
maintains, alters, and/or repairs electrical equipment, provided that
any such work performed shall be confined to the
industrial premises described in the license application and
certificate. No person shall hold more than one (1) Class B license
...,.. (1 1
(1) Installations of communications systems, installations
in recreational vehicles, and installations not covered by the
Indiana Electrical glA4 Code.
(2) The performance of electrical work in a 04071/9
t007LfAttint single family dwelling by the owner-occupant of the
dwelling; provided, however, that this exemption does not apply to
any person hired by the owner-occupant for compensation to assist or
to perform such electrical work on that dwelling.
(c) Application. Each applicant shall apply in writing to the
Board for a license at least thirty ( 30) days before the next
scheduled examination date. The application shall include:
(1) The class of license applied for.
(2) The name and place of business of the applicant.
(3) Letter(s) from former employer(s) or a union to show
that the applicant has had not less than four (4) years' (or
equivalent) experience in the installation, repair and maintenance of
residential, commercial or industrial electrical wiring, apparatus or
equipment.
(4) Payment of a forty-dollar ($40.00) examination fee.
17V0 X4 041/14000 4sXX/ /IA/ 0/0*4 /45 /A/$2300XAXX$/$0044X0d
0)W614At4 41/ 0/0* XviAtX04/f00/414AXX/)b0/$0,f 4147 13f0/4145XX 4
f$7$1oo1
(5) Evidence of the applicant' s age being at least
twenty-one (21) years.
1 ,1 m
(lx//PX0.00/Api ./a .tO/a/t #s.gAt40A/XJ s /XX 0/$01A06X/0
0411x0 .X00i1.1
(d) Examination. To qualify for a new license, an applicant
must earn a score of not less than seventy-five (75) percent correct
ATIWOWtO on a written examination to be given by the Board. The
examination shall consist of not less than twenty-five ( 25) questions
testing the applicant' knowledge of the Indiana Electrical Xya04
Code and the provisions of this article covering the areas of
electrical work involved in the license applied for. The Department
shall keep a complete record of each examination for three ( 3) years
after the examination. An applicant who fails to pass an examination
may be reexamined not earlier than the next scheduled examination
upon submitting a new application in compliance with this article.
An applicant who passes the examination shall not be required to
retake the examination to obtain a license renewal, if he meets the
renewal requirements of subsection (h) ( 2) below.
(e) Surety bond. Each applicant for a Class A. license must also
provide a surety bond, payable to the City in the penal sum of five
thousand dollars ($5,000.00) , subject to the approval of the
Controller and conditioned upon faithful compliance with the
provisions of the building code as it pertains to the regulation of
electrical work and apparatus and agreeing to pay all damages, costs
and expenses caused by the negligence of the licensee through failure
to comply with such provisions.
(f) Issuance of certificate:
(1) The Board shall examine the application, the
accompanying documentation and other information provided,
nnA chm l l rcr'ntnmand to t-h runt rnl 1 P_r the
(2) The Controller shall issue a license to any applicant
approved by the Board, who has complied with all requirements of the
application, including but not limited to the filing of a bonds and
payment of the prescribed license fees. A491/16t040AtAtXOA/O /d
00 110 t0/X51/$. p5tc6 aa/fi00/ i0/ . 41
( 3) Each (604t4fX¢AWa license shall specify the name of
the person to whom the license is issued, the company name under
which the licensee does business, the business address, 0¢/dddk044
O `/# i4 4 ¢0/ft i/OXIO i/ 0/4X00 i 00/d9Sd$/16 1110$$s and the
expiration date of the license. The $ t41X¢A 0/&f license shall
be posted in a conspicuous place in the licensee's principal place of
business.
(g) Nontransferability. Any license issued under this article
is nontransferable to another person, and it shall be unlawful to
loan or transfer such license to the use of any person other than the
person in whose name the license is issued provided; however, that
work may be performed under a Class B license at a different
industrial premises from that described in the application and
certificate, upon written petition for such change by the licensee,
describing the reason therefor, and approval by the ItS0Ajd Building
Commissioner.
(h) Term of license; renewal:
(1) Term: The term of each license under this article is
from the date of issuance of a new license d /,tApi1d i/X/a/#/t0A00AX
X4001440/ 040/A4d/X 10X411440/00004 / X/O /OA i/¢dX0AW/YOAJ //.
d 40/1 X091/4iAXX/160/AXX000d/fd /00/ffiliONAW X/O#¢1/XXd0A40/4AtIX
$1434 t/XX/d1/ 0/pi¢ t/¢ .X¢TId ifeA4 and for twelve ( 12) months
�koYO���or
X40016$0/ 0 /Oils/A t t X0/0 10144/t 10/16 000dIA IWIttf04414t/X4$I
BOAOWAA0140093AWAt 0$/t 0/00/$AtEWA0t1014/0X/tA0/00 . s ItAA#/4111 X it
#/X /tf00AttifOltt/I yIRW04/0f/tAAIL/160tUalt140/1604$016/Aii$,W04
40140.04 0A4AtOdnA/04(e0t .X/00a/A146X1¢4440/0101W 0/i4160/0
ickxtXt0 0 4/X01/A/ .00/XX¢0V401
(2) Renewal
a. A Person is eligible for a renewal license if he holds a
valid and unrevoked license under this article and renews the license
on or before its expiration date.
b. A person is also eligible for a renewal license if he
has held a valid and unrevoked license, which has expired within the
previous six ( 6) months. Under these circumstances, a renewal
license will be granted, but the fee will be increased to the fee
required for a new license.
c. A renewal license will not be granted to any person
whose previous license has expired for more than six (6) months.
Under such circumstances, application must be made and all
requirements met for a new license as set out above.
(i) License fees:
( 1) Class A:
New .. _ %$0100
$100.00
Renewal 25.00
(2) Class B:
New $50.00
Renewal 15. 00
(a) Required in advance. No person shall perform or cause to be
performed the installation or alteration of any electrical wiring or
equipment on or within any building, structure or premises within the
City without obtaining, in advance, a permit from the Department.
(b) Where a person shall unlawfully proceed to do any work or
installation without a permit as required herein, the applicable
permit fee shall be tripled as a penalty. The payment of such
penalty shall not release the person in default from any other
penalties provided herein, nor from compliance with any relevant
provisions of the municipal code.
J26% (c) Fees. Each application for a permit for installation
or alteration of electrical wiring or equipment shall be accompanied
by fees in accordance with the schedule below:
(1) Temporary service for construction:
All amperage $ 7.00
(2) Switchboards and panel boards each, new and
replaced:
60-amp $5.00
100-amp . . . . . . . . . . . . . . . 7.00
200-amp 9.00
400-amp 12.00
600-amp 15.00
Over 600-amp to 2,000 amp 20.00
Over 2,000 amp 25. 00
( 3) Circuits (new or replaced:
( 4) Horsepower (machinery) :
a. First hp 7.00
b. Each additional hp. . . . . . . . .. . . . ., 0.25
( 5) Reset and reconnect fees, each 6.00
(6) Each re-inspection fee 25. 00
(7) Each additional final inspection50.00
If the exact number of circuits or horsepower is
unknown at the time of the application for a permit, a permit may be
taken for the minimum amount known with new permits issued as the
extent of the work known.
A:111 `X00/4tt . W i /4X91 14/441 .4X/160/0AX0x[XAitied
/; 95X/0 .0 i/XA00AdiOA400 t/0 i/00/4X0Z U1
/ft400 49SXX/ itt/tt 0/x40/01111/1, 111111 1/////0/1110/441/ftt;
7/
161//$4011$/fUtt/AtAX $11/4/161e= 4AVO#4X/160
/OAX014X4ft0d/16 $41d O/f930tt/r►0 .;W / /
/ttOt AX/AXON./OX/d1WA $IWx.0011111111111/101010/441/Xi1
01//AXX/41WAX44t404$/a/ 00/16XXX160Ai 0/
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Sec. 6-25. Inspections.
(a) All electrical wiring and equipment installations and
alterations requiring a permit shall be inspected by the Electrical
Inspector. The permit holder shall notify the Electrical Inspector
I ')111 f-i mo 4-Ho i c
(b) When any electrical wiring or equipment will be hidden from
view by the permanent placement of parts of the building or
structure, the permit holder shall notify the Electrical Inspector
when that stage of work is completed and shall not conceal the work
until it has been inspected and approved by the Electrical Inspector;
provided, that on large installations where the concealment of wiring
or equipment proceeds continuously, the permit holder shall give the
Electrical Inspector twenty-four (24) hours' notice, excluding
Saturdays, Sundays, and holidays, and the Electrical Inspector shall
make inspections periodically during the progress of the work.
(c) Upon finding the installation or alteration of electrical
wiring or equipment to be in conformity with the provisions of the
Indiana Electrical WOO Code and of the Building Code, the
Electrical Inspector shall issue to the permit holder a certificate
of approval, with a duplicate copy for delivery to the owner,
authorizing the use of the installation or alteration and connection
to the supply of electricity. In addition, the Electrical Inspector
shall send written notice of such certificate to the electric
utility.
(d) When the electrical inspector issues a certificate of
approval authorizing the connection and use of a temporary
installation, the certificate shall be issued to expire at a time to
be stated therein. The Electrical Inspector may revoke temporary
installation certificates of approval, in compliance with section
6-21. (Ord. No. 7304-84, 08)
Secs. 6-26 - 6-35. Reserved
ARTICLE 7. MECHANICAL CODE
Sec. 6-36. Mechanical Inspector.
ventilating installation, maintenance, alteration or repair. In
addition, the Inspector shall have a thorough knowledge of the
Indiana Mechanical X1t1¢4 Code and of approved materials and methods
of heating, air conditioning, and ventilating installation,
maintenance, alterations, and repair necessary for safety to persons
and property. (Ord. No. 7304-84, §9)
Sec. 6-36.1. Heating, Air. Conditioning and Ventilating
Examining Board.
(a) A Heating, Air Conditioning and Ventilating Examining Board
(referred to in this article as the Board) shall examine applicants
for licenses under this article, issue certificates therefor to
qualified applicants who have paid the prescribed fees and who have
passed the examination hereinafter required, and revoke or suspend
any license after just cause shown before such Board.
(b) The Board shall consist of five (5) members to be appointed
by the Mayor, as follows: W¢O/f J two ( 2) class A contractors,
one (1) professional engineer with five (5) years` experience in
heating, air conditioning and ventilation, as verified by the
Building Commissioner, one (1) representative of a public utility
serving St. Joseph County, and the Building Commissioner or his
designee. Members shall serve for terms of four (4) years and shall
hold office at the pleasure of the Mayor. Each member shall receive
ten dollars ($10.00) for each meeting of the Board he attends, except
for the Building Commissioner or his designee, who shall serve
without pay.
(c) On the $000A$ first Monday in 0444iAjj March and the
400014/M0vi91A1 first Tuesday in %W September of each year, the
Board or its designee shall examine applicants for licenses, provided
a„r'h i i cati nnc are tendina. The Board may also meet at
(d) The Board shall keep a record of all licenses and
certificates and iXX/W0/1644At041/A/ ► yi .X sbf/Iii$ may adopt rules
and regulations for the conduct of examinations.
(e) Three ( 3) members of the Board shall constitute a quorum for
the transaction of business, but any action taken at a meeting shall
require the affirmative vote of at least three (3) members.
(f) No new license under this article shall be issued without
written approval of the Board. (Ord. No. 7304-84, §9)
Sec. 6-36.2. Heating, air conditioning and ventilating licenses.
(a) Required. No person shall perform or cause to be performed
within the City any installation, maintenance, alteration or repair
of any heating, air conditioning or ventilating equipment or system
without obtaining, in advance, a license from the Controller. 146041
IVO$01it tIO i/s1/A/4`•0ttIflOAt0/14$xi041/]4/04b/$04i .,1
(1) ¢X0.44/4 Heating, air conditioning and ventilating
contractor's license. A OX . /X heating, air conditioning and
ventilating contractor's license may be issued to a person who
maintains a business telephone in St. Joseph County, Indiana, and is
principally engaged in the business of heating, air conditioning or
ventilating contracting. This license entitles the holder and his
employees to perform heating, air conditioning and ventilating
contracting work and to sell approved heating, air conditioning and
ventilating apparatus and devices.
1211/0W4/B/X0AtIlid.l/Alt/095A4ItIOYiIAVAA41/3hiAt latIvid
095 .005414/41004401//A/OZAWZI/ 0AtIvidi/Ali/00A4ItIOA1 i4/AA4
AA4+E,F4A+FA41,hV..h/arc 14A4 4 4414/d.ic,b4„4A.,1 /4'.,5 /41IA Id4d4rA/4 ,1 /ti AW IT 4d4
(b) Application. Each applicant shall apply in writing to the
Board for a license at least thirty ( 30) days before the next
scheduled examination date. The 14¢04$¢ application shall include:
KW/T16$/04$$$/45 /XX00 i$0/$146XX04t/f 1
(1) The name of applicant.
(2) The name and 1 X$00/ / 4$X7.0$$/4SX/ 10/Ak5XX041t 1
address of applicant' s business.
(3 ) Each applicant for a 0U$$/. l/Z1¢¢1i$0 license must
also furnish letter(s) from former employer(s) or a union to show
that the applicant has had not less than four ( 4) years' or
equivalent experience in the installation, repair and maintenance of
heating, air conditioning, and ventilating equipment or systems.
( 4) Evidence of the applicant's age being at least
twenty-one ( 21) years.
( 5) A statement of whether or not the applicant has ever
been convicted of a misdemeanor or felony, and if so, the crimes
convicted of and the dates and places of such convictions.
01//0XA00/ 1 41/4 s 0/0X/sVoid gAtXWXX4S ►/AX0/$01400X/4SX
(7) Payment of a forty-dollar ($40.00) examination feel.
16XO6X41O411/140003Wil tIAAV IA/ ` 0/03MAt/a/A/$1d00X$XW$4`KOdicated
0 4iXAAti0$1/00/OURVAA tX4s i/f00/$M[XX/)60/$0364sAtt/MMlle $
I$7%1ooxl
f Y / /7214,h,( /4,l„(Y A4 / 14,A7F/4 /r$1444/11/ /14AA4dA/41A4V /tf(iFA4A11(4'
I XX//¢X /iIX ¢04$01 To qualify for a new ¢XA$411(
license, an applicant must earn a score of not less than seventy-five .
(75) percent correct li$00W tO on a written examination given by
the Board. The examination shall consist of not less than
twenty-five ( 25) questions testing the applicant's knowledge of the
mechanical requirements for the installation, maintenance, alteration
or repair of heating, air conditioning and ventilating equipment and
systems as specified in the r,4¢¢ i 4i ¢ .ZIq c6 ¢ Indiana Mechanical
Code. The Department shall keep a complete record of each
examination for three (3) years after the date of the examination.
An applicant who fails to pass an examination may be reexamined upon
submitting a new application in compliance with this article. An
applicant who passes the examination shall not be required to retake
the examination to obtain a license renewal, if he meets the renewal
requirements of subsection (g) ( 2) below.
I 11//OX 4/B/IX $A4011/1401Ab Iet0 i/0 dilviAtIO i/ I ` Od1
(d) Surety bond. Each applicant for a Class A license must also
provide a surety bond, payable to the City in the penal sum of five
thousand dollars ($5,000.00) , subject to the approval of the
Controller and conditioned upon faithful compliance with the
provisions of the building code as it pertains to the regulation of
heating, air conditioning and ventilating work and apparatus and
agreeing to pay all damages, costs and expenses caused by the
negligence of the licensee through failure to comply with such
provisions.
(e) Issuance of certificate:
(1) The Board shall examine the application, the
7rwi ni-hdmr infrIrmaFinn Y%rnvi CiPii _ And flA
denying of the license $.1610X14641/f4 . Appeal from the denial,
suspension or revocation of any license by the Board shall be made
according to the procedures in section 4-16 of the Municipal Code.
(2) The Controller shall issue a license to any applicant
approved by the Board, who has complied with all requirements of the
application, including but not limited to the filing of a bond/ and
payment of the prescribed license fee/.I. AAVI146$46AtAtIOA/4511$.
¢4S1i 1l1¢$i-46/$ /A1010tqS $.X/ 0 i/0146/U45$1411
(3) Each ¢01t111040/01 license shall specify the name of
the person to whom the license is issued, the company name under
which the licensee does business, the business address, tX0/Addt0$$
451/t160/167LA046/1100/0XX / 0/XX00A400/d004/401A04$1 and the
expiration date of the license. The fWi111O4i046/951 license shall
be posted in a conspicuous place in the licensee's principal place of
business.
(f) Nontransferability. Any license issued under this article
is nontransferable to another person, and it shall be unlawful to
loan or transfer such license to the use of any person other than the
person in whose name the license is issued.
(g) Term of license; renewal:
(1) Term. The term of each license under this article is
from the date of issuance of a new license 911 AuiAtt/X14S /A/t46A460AX
4104611$46/0145xitA/Avidnvi¢Xuiabid/0000 /WW04 1/0#X0 . At/YOAil and
for twelve (12) months thereafter.
K 2II/A0A0 A1.1//4/160t$0 i/1$/46XWK0/10i/A/146A40AUX100 1$$/11
X0/X$$/1i46X41/A/3b$.X141/AA41/144V0360X0¢1/XX004$0/xt1i1 0/iO4WAitX0X0/0101A
,u1 ,,.w_LA4a.,4/4.l..,C,it4�Ll4A,6,F i f 1t Y /nfSAnivu4//A-.4/bfaf si/bfo7d/A/iairid/dnid
1600A/A0tIliOXVOAdAtOd/IA/140AtXA4‘/Alt/00441t40444d/AA4/ 0At4XAtI44
Ov#X/AY4UOA XO/ A40 / 0/t 0/0t/XX¢01$0/KadifIXt/01040 $04/tA44$
t0/0001674/0X /0Xt140tIOt/tA0/ 0d14X 0 04t$/0t/t1 /$10$00tX041/X0/ t
AO Xt/tWA44/600t/AXX/ 0 liO 0At/tOt/A/400/XX¢0440I
(2) Renewal
a. A person is eligible for a renewal license if he
holds a valid and unrevoked license under this article and renews the
license on or before its expiration date.
b. A person is also eligible for a renewal license if
he has held a valid and unrevoked license, which has expired within
the previous six (6) months. Under these circumstances, a renewal
license will be granted, but the fee will be increased to the fee
required for a new license.
c. A renewal license will not be granted to any person
whose previous license has expired for more than six (6) months.
Under such circumstances, application must be made and all
requirements met for a new license as set out above.
(h) Exemption. No license under this article is required for
the sale, installation, use, maintenance, alteration or repair of
window air conditioning units of two ( 2) horsepower or less or of
electric baseboard cable or panel heating units.
(i) License Fees:
XX%I/oX'$4I41
New $ o1oo $100.00
Renewal. . . . . . . . . . . . . . . . . . . . . . . . . 25.00
I2IIIU1#$4/01
I//I/$0s11 1111/lI/IJIll//IIIIIII111111A1111III/z$1oo
Sec. 6-36.3. Permits
(a) Required in advance. No person shall perform or cause to be
performed the installation of heating, ventilating, air conditioning
or refrigeration equipment or systems without obtaining, in advance,
a permit from the Department.
(b) Where a person shall unlawfully proceed to do any work or
installation without a permit as required herein, the applicable
permit fee shall be tripled as a penalty. The payment of such
penalty shall not release the person in default from any other
penalties provided herein, nor from compliance with any relevant
provisions of the municipal code.
(c) Fees. Each application for a permit for installation
of heating, ventilating, air conditioning, and refrigeration
equipment or systems shall be accompanied by fees in accordance with
the schedule below. When the total capacity of any system in any
single installation is provided by more than one (1) unit, the sum of
the capacities of each unit and the total number of such units shall
determine the fee.
Space heaters, each 30,000 Btu input or more $15.00
Warm-air furnaces and unit heaters:
, 60,000 to 300,000 Btu input:
First unit 15.00
Second unit 1%100 10.00
300,000 Btu input or more 25.00
Oil and gas conversions:
60,000 to 300,000 Btu input:
First unit 15.00
Second unit 10.00
-Ann nnn nr mnra 75 nn
Second unit 10.00
100 kw input or more25.00
Modular unit air conditioning 25.00
Air conditioning, central, electric:
Less than 5 tons . . . . . . . . • . . 15.00
5 to 10 tons. . . . . . . . . . . . . . . . . . . .. . . . , . . . . . . . . . 25.00
Over 10 tons 40.00
Water chillers. . . . . . . . . . . . . . .. .. . . . . . . 75.00
Ventilating and exhaust systems:
Less than 500 CFM capacity 5.00
500 to 1,500 CFM capacity. . . . . . . 10.00
(Plus 1. 00 for each 500 CFM or fraction
thereof in excess of 1,500 CFM)
Ventilating commercial hoods:
500 CFM to 1,500 CFM capacity 25.00
Over 1,500 CFM capacity 50. 00
Refrigeration and engine-driven, gas-fired or oil-fired
cooling equipment:
1 to 5 horsepower, each 15.00
6 to 10 horsepower, each25.00
More than 10 horsepower, each 40.00
Incinerators:
5 cubic feet or less . . . . . . .-. _. . . . 10.00
More than 5 cubic feet - 10.00
(Plus $1.00 for each feet in excess of
5 cubic feet)
Maximum fee 75.00
Rooftop combination furnace and air conditioning units,
60,000 to 300,000 Btu's, each:
Up to 7 1/2 tons 40.00
7 1/2 tons or more 60.00
Heat pumps, 1,000 to 60,000 Btu' s input:
v; -,* ,,,,; . . . . . 15.00
Earth, coupled water source50.00
Boilers, steam or hot water, 60,000 to 300,000 Btu' s:
First unit 20.00
Each additional unit. . . . . . . . . . . ... . . . . . . . . . . 15.00
300,000 Btu' s or more. . . . . . . . . . . . . . . . .. . . . . . .... .- 50.00
Through-wall combination air conditioning/heating:
First unit 10.00
Each additional unit. . . . . . . . . . -. . . . . . . . . . . . . . - 5.00
Solar heat units 50.00
Air handlers:
400 CFM to 2,500 CFM 25.00
Over 2,500 CFM 60.00
Duct and register:
Change fee 10.00
Plus each register and location change 2.00
Gas piping (distribution of piping to equipment) to be
included on permit application:
Each gas piping system of 1 to 4 outlets 3.00
Each gas piping system of 5 or more, per outlet. 1.00
Each reinspection fee 25.00
Each additional final inspection 50.00
(Ord. No. 7304-84, §9; Ord. No. 7696-86, §5; Ord. No. 7972-89, §5)
ARTICLE 8. PROPERTY MAINTENANCE CODE
Sec. 6-37. BOCA Basic Property Maintenance Code.
(a) Adoption by reference. The first edition of the BOCA
Basic/National Existing Structures Code/1984, promulgated by the
Building Officials and Code Administrators International, Inc. , is
=C f„1117 ac if sPt forth herein to Govern
(b) Additions, modifications and deletions. The provisions of
the BOCA Basic/National Existing Structures Code/1984, adopted by
subsection (a) shall be modified, added to or deleted so that the
following articles, sections or subsections shall read as follows:
(1) Section ES-100.1, Title: These regulations shall be
known as the Existing Structure Code of the City of South Bend,
Indiana, hereinafter referred to as the Existing Structures Code.
(2) Sections ES 107, 108, 109, 110, 111 and 112 shall be
deleted in their entirety.
(3) The definitions for the following words shall be
deleted in Article 2: Dwellings, dwelling unit, family, hotel, junk
vehicle, motel, multifamily dwellings, public nuisance, rooming
house, rooming unit and rubbish, and each of the above words shall be
defined as provided in the relevant section of the South Bend
Municipal Code.
(4) Sections ES 301.7, 301.10, 333301.10.1 and 301.10. 2
shall be deleted in their entirety.
(5) Section ES 303.7 shall be modified to read in its
entirety: Every door available as an exit shall be capable of being
opened easily from the inside.
(6) Section ES 701.3 shall be modified to read: All doors
in the required means of egress shall be readily openable from the
inner side. Delete without the use of keys.
(7) Article 9 shall be deleted in its entirety.
/..t > .7....�i ..r. ..� iar,�..r•....... .r• - n-F Q..iliiir>ev C4- re4n Ac! Tmr.. D>>rcr>nni-
the City of South Bend, Indiana, hereby adopts the Enforcement of
Building Standards Law, being IC 36-7-9-1 through 36-7-9-28, as it
may be amended from time to time; and incorporates herein the
definition of "substantial property interest" contained in IC
36-7-9-2, as it may be amended from time to time.
(d) Administration. The Code Enforcement Department is hereby
designated as the executive department which shall administer the
provisions of the Enforcement of Building Standards Law. The
Director of the Code Enforcement Department shall be the person
responsible for the administration of the Enforcement of Building
Standards Law.
(e) The Board of Public Safety shall have the responsibility for
fixing the average "processing expense" as provided in the
Enforcement of Building Standards Law.
(f) Unsafe building fund:
(1) As provided by Section 14 of the Enforcement of
Building Standards Law, a fund designated as the "unsafe building
fund" shall be established in the operating budget of the Code
Enforcement Department. Any balance remaining at the end of the
fiscal year shall be carried over in the fund for the following year
and shall not revert to the general fund. Monies for such fund may
be received from any source including appropriations by local, State
or Federal governments, and donations.
( 2) As further provided by Section 15 of the Enforcement of
Building Standards Law, The Code Enforcement Department may take
action to transfer all or any part of any money which may exist in
the "building, demolition, repair and contingent fund" created by IC
18-5-5-7, to the unsafe building fund. (Ord. No. 683-80, §2; Ord.
No. 7145-82, §§1-4; Ord. No. 7513-85, §4; Ord. No. 7696-86, §6)
As used in this article:
(1) Floodproofing: A combination of structural and
nonstructural additions, changes or adjustments to properties and
structures which maintain a dry interior and eliminate flood damage
to lands, water and sanitary facilities, structures and contents of
buildings.
(2) Improvement location permit: A permit issued by the
Building Commissioner in accordance with the provisions of this
article prior to the erection or alteration and use of a building or
structure or use of land, stating that the proposed building,
structure and/or uses comply with all applicable provisions of this
article.
( 3 ) Regulatory flood profile: A longitudinal profile along
the thread of a river or stream showing the maximum water surface
attained by the regulatory flood. For purposes of this article, the
regulatory flood shall be the 100-year flood.
(4) Substantial improvement: Any repair, reconstruction or
improvement of a structure, the cost of which equals or exceeds forty
(40) percent of the market value of the structure, excluding the
value of the land, either:
(a) Before the improvement is commenced; or
(b) Prior to damage, if the structure has been damaged
and is being restored.
Substantial improvement shall be considered to occur when the
first alteration of any wall, ceiling, or other structural part of
the building commences. The term shall not include any repair,
reconstruction or improvement of structures listed on the National
Register of Historic Places or the State Inventory of Historic.
Places. (Ord. No. 6424-78. S2: Ord. No. 7496-85 . .S1)
An improvement location permit shall be required for all new
construction and development in an area designated as a Special Flood
Hazard Area by the Federal Insurance Administration in implementing.
the National Flood Insurance Program. The department shall require
that all other state and federal permits are obtained. Applications
for building permits shall be reviewed and approved in accordance
with the following:
(1) Proposed new construction (including prefabricated and
mobile homes) and substantial improvements shall meet the following
minimum standards:
(a) Construction materials and utility equipment shall
be resistant to flood damage.
(b) Consruction methods and practices that will
minimize flood damage shall be used.
(c) Construction shall be protected against flood
damage.
(d) Construction shall be designed or modified and
anchored to prevent flotation, collapse or lateral movement of the
structure.
(e) Residential buildings and structures shall be
constructed so that the lowest floor (including the basement) is
elevated to two (2) feet above the regulatory flood profile, as
established by the Federal Insurance Administration.
(f) Nonresidential buildings and structures shall be
constructed so that:
2. The lowest floor (including the basement)
shall be elevated to two (2) feet above the regulatory flood profile,
as established by the Natural Resources Commission; or
(2) Together with attendant utility and sanitary
facilities, the building or structure shall be designed so that the
fi not nrntnrnti nn tirade Rha1 1 be at least two (2) feet above the
and hydrodynamic loads and effects of buoyancy. Where floodproofing
is utilized for a particular structure in accordance with this
provision, a professional architect or engineer registered in the
State of Indiana shall certify that the floodproofing methods are
reasonably adequate to withstand the flood depth, pressures,
velocities, impact and uplift forces, and other factors associated
with the one hundred-year flood, and a record of such certificate
shall be maintained by the department.
( 3) The following provision shall apply to new mobile
home parks and mobile home subdivisions, to expansion of existing
mobile home parks and mobile home subdivisions, to expansion of
existing mobile home parks and mobile home subdivisions, to mobile
homes located in other than a mobile home park or mobile home
subdivisions whether repair, reconstruction or improvement of street,
utilities, and pads equals to or exceeds fifty (50) percent of the
value of the streets, utilities and pads before the repair,
reconstruction or improvement was commenced.
(a) Ground anchors for tie-downs shall be in
accordance with the Mobile Home Manufacturers Association standards
or standards determined by the Federal Insurance Administration in
implementing the National Flood Insurance Program.
(b) Stands or lots shall be elevated on compacted
fill or on piles so that the pads are elevated to two (2) feet above
the regulatory flood profile, as established by the Natural Resources
Commission.
(c) Adequate surface drainage and easy access for
a hauler shall be provided.
(d) In the instance of elevation of piles, lots
shall be large enough to permit steps. Pile foundations shall be
placed on stable soil no more than ten ( 10) feet apart, and steel
reinforcements shall be provided for piles more than six (6) feet
high.
( A 1 The f�,l l�a.�i nn r�r�eri c i Inc chn l l �r�r�l v �r mr�1i l o
(a) Ground anchors for tie-downs shall be
required in accordance with the Mobile Home Manufacturers Association
standards or standards determined by the Federal Insurance
Administration in implementing in the National Flood Insurance
Program.
(b) The fact that the mobile home is being
located in a floodplain area having special flood hazards shall be
disclosed to the mobile home and/or lot purchaser or lessee in the
purchase contract, deed or lease.
(c) An evacuation plan indicating alternate
vehicluar access and escape routes shall be filed with the
appropriate disaster preparedness authorities. (Ord. No. 6424-78,
§2; Ord. No. 7496-85, §2)
ARTICLE 10. VACANT STRUCTURES
Sec. 6-40. Applicability of article.
This article shall apply to any structure or any portions of a
structure which remain vacant and open for a period in excess of five
(5) days or is a hazard to the public health, safety, and welfare.
The incidental use of any vacant structures for storage purposes
shall not be deemed to exempt it from the provisions of this
article. (Ord. No. 6885-81, §2; Ord. No. 7616-86, §5)
Sec. 6-41. Definitions.
( 1) As used in this article:
(a) Building Commissioner means the duly authorized and
acting Building Commissioner of the City and his designees.
1h1 Ci rrn mcmnc nnA i nnl nAoc nncr mnrrr1ico mv.ni nrr hi l l hnmrri
(c) Structure means any building, regardless of the purpose
for which built or used, or any other type of improvement or fixture
on real estate. (Ord. No. 6558-81, §2; Ord. No. 7616-86, §5)
Sec. 6-42. Securing premises.
( 1) All vacant structures subject to this article shall be made
secure from trespassers in the following manner:
(a) All doors and windows of the building shall be locked,
nailed shut or barred;
(b) All broken doors or windows shall be replaced or
covered by boards, fitted plywood, hardware, cloth or other material
which will effectively bar entry to the structure; and,
(c) All other openings into the structure which are
accessible to trespassers shall be closed by boarding or such other
means approved by the Building Commissioner. (Ord. No. 6885-81, §2;
Ord. No. 7616-86, §5)
Sec. 6-43 . Removal of signs.
Any sign located on the same property as any vacant structure,
which sign extends above, over or upon the public easement and which
sign the Building Commissioner determines is unsafe, shall be removed
on order of the Building Commissioner. (Ord. No. 6558--81, §2; Ord.
No. 7616-86, §5)
Sec. 6-44. Violation of article deemed nuisance, abatement;
appeals.
( 1) The violation of any provision of this article constitutes a
public nuisance which shall be abated as herein set forth. Whenever
the Building Commissioner or his designee determines that a vacant
structure is being maintained in violation of this article, he shall
nni-i fzr her rncrti fi crl mmi l mnxr ricrcnn hncri nn n foc n l i fc
Further, the notice shall state that if the corrective action is not
completed within the five-day period, the Building Commissioner, or
his designee, will cause the work to be completed. Where the
Building Commissioner, or his designee, takes such action, the cost
of accomplishing the work may be entered as a judgment by either the
Superior or Circuit court of St. Joseph County against persons having
a fee interest or life estate interest in the premises.
(2) Any person having a fee interest, a life estate interest or
a substantial property interest or the person to whom the order was
issued has a right to request a hearing before the Division of Code
Enforcement Hearing Officer. He/she may appear at such hearing with
or without legal counsel, present evidence, cross-examine opposing
witnesses, and present arguments. The Division of Code Enforcement
Hearing Officer may make findings and take action either to affirm
the order, to rescind the order, or to modify the order.
( 3) The final action taken by the Division of Code Enforcement
Hearing Officer shall be subject to review by the Circuit or Superior
Court of St. Joseph County. Any person aggrieved by the action may
file a complaint within ten ( 10 calendar days after the date such
action was taken. (Ord. No. 6885-81, §2; Ord. No. 7616-86, §5)
Section II. The Ordinance shall be in full force and effect from
and after its adoption by the Common Council, approval by the Mayor,
and legal publication.
Member of Common Council
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Department of Code Enforcement
Patricia E. DeClercq
Director Building Commissioner
December 3, 1991.
Mr. Donald Niezgodski, President
South Bend Common Council
4th Floor, County-City Building
South Bend, IN 46601
Re: Bill Amending Chapter 6 of the
South Bend Municipal Code
Dear Mr. Niezgodski:
I am attaching for filing a bill amending Chapter 6 of the South
Bend Municipal Code entitled "Buildings" . The intent and effect of
the bill is to amend sections of the Chapter to bring the fee
schedule and the operation and functions of the Building Department
into conformity with provisions of the St. Joseph County ordinance in
order to facilitate the consolidation of the two Building Departments
to take place in 1992. A similar bill has been filed with the St.
Joseph County Council for their action.
The bill also adopts by reference into Chapter 6 newly revised
editions of state and national building and related codes, deletes
portions of the code which were at odds with State regulations, and
makes other minor form and content changes.
Your support and favorable consideration of this bill is
respectfully requested.
Sinc- -ly,
Ai
\ CektA-ceL °I(-6 ee- -7
Patricia E. DeClercq, Director
Department of Code Enforcement
PED/j l
Attachment
County City Building • South Bend, Indiana 46601 • 219/284-9486
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Ma tie Common floumil of tier Edit of 1%3ut Nem):
Your Committee of the Whole
to whom was referred
BILL NO.
83-91 SECOND READING ON A BILL OF THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS THROUGHOUT
CHAPTER 6 OF THE MUNICIPAL CODE ENTITLED "BUILDINGS" .
Respectfully report that they have examined the matter and that in their opinion
This bill should be recommended to the Council favorable, as amended
by substitute bill; which changed three pages.
Ann Puzzello Chairman