HomeMy WebLinkAboutAmending Chapter 6 Entitled Buildings 03/10/86 7616-86 ORDINANCE No. 7616-86
Passed by the Common Council of the City of South Bend, Indiana
March 10, t86
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Attest: """ l Cit y Clerk
IRENE K. GAMMON
Attest: /� ��� _ • - President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
March 11, 86
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Y-e---4--e._ CC7 L City Clerk
IRENE K. GAMMON
Approved and signed by me -10 CULL-k_, / I ig
2QMayor
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BILL NO.
ORDINANCE NO. "Ii, i (,-5‘ (,,
AN ORDINANCE AMENDING CHAPTER 6 OF THE SOUTH
BEND MUNICIPAL CODE, ENTITLED BUILDINGS.
STATEMENT OF PURPOSE AND INTENT:
To provide minimum standards to safeguard life, public
safety and welfare, and real and personal property by regulating
the design and construction of buildings and structures in the
City of South Bend and to bring the Municipal Code into
conformity with state statutes and regulations governing the
construction and alteration of buildings and structures, certain
amendments and additions to the South Bend Municipal Code,
Chapter 6, entitled Buildings, as necessary.
NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS :
SECTION I . Chapter 6, Article 1, Section 6-4 of the
South Bend Municipal Code shall be amended to read as follows :
SECTION 6-4 . Permit fees.
(a) The fees to be charged for the issuing of permits
by the Building Department, not otherwise provided for in the
Building Code adopted by section 6-5, shall be paid at the time
the permit is issued and shall be as follows :
(1) All new construction and all alterations,
repairs and remodeling shall be subject to the following fee
schedule:
VALUATION PERMIT FEE
$1 .00 TO $1,000.00 $5. 00
$1,001 .00 to $2,000. 00 $5.00 for the first $1,000.00,
plus $0 .50 cents for each
additional $100.00 or fraction
thereof, to and including
$2,000.00
$2,001.00 to $10,000.00 $9.50 for the first $2,000.00,
plus $2 .50 for each additional
$1,000.00 or fraction thereof,
to and including $10,000 .00
$10,001.00 to $100, 000.00 $29 .50 for the first
$10,000.00, plus $1.00 for
each additional $1,000.00 or
fraction thereof, to and
including $100,000.00
$100, 001.00 and up $119.50 for the first
$100,000.00, plus $0.50 for
each additional $1,000.00 or
(2)-( 6) Reserved .
(7) The fee for a permit for banner signs shall
be five dollars ( $5.00) each.
(8) Wrecking and demolition permit fees shall be
as follows :
a. Residential :
1. Five dollars ($5.00) per one and
two-story house including accessory.
2. Ten dollars ($10 .00) for more than
a two-story house.
b. Commercial :
1. Fifteen dollars ($15.00) per
one-story building up to four thousand (4,000) square feet.
2 . Twenty-five dollars ($25.00) per
one-story building with four thousand one ( 4,001) to ten
thousand (10,000) square feet.
3. Thirty-five dollars ($35.00) per
one-story building with ten thousand one (10,001) or more
square feet.
For any building with two (2) or more
stories, a fee of fifty ( 50) percent of the single-story fee
shall be added according to size for each story.
(9) The fee for change of classification of a
building shall be one dollar ($1 .00) .
(10) The fee for a permit to install an elevator
shall be five dollars ($5.00) .
(11) All installations of new billboards shall
require a permit, with a billboard fee of twenty-five dollars
($25. 00) .
(12) The fee for the construction of sky signs
shall be ten dollars ($10.00) for the first five hundred (500)
square feet or fraction thereof and two cents ($0 .02) for each
additional square foot above five hundred (500) on the readable
side .
(13) The fee for a permit to move any one- or
two-story building over public streets or alleys shall be fifty
dollars ( $50. 00) .
(14) The fee for a permit to move any building
greater than two ( 2) stories in height over public streets or
alleys shall be one hundred dollars ($100.00) .
(15) The fee for a permit to move any building
from one location to another on the same property shall be five
dollars ( $5.00) .
(16) No permit, except for the change of classi-
fication of building, shall be issued for a lesser fee than two
dollars ($2 .00) .
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a. Flue (including chimney and chimney
connector) - Five dollars ($5.00) .
b. Existing masonry chimney (new flue
liner) - Five dollars ($5. 00) .
c. Hearth extension (fireplace stove or
fireplace insert) - Five dollars ($5.00) .
(b) The fees provided in this section shall not
include permits for plumbing, heating or electrical installa-
tions covered by other provisions of this Code or other
ordinances of the City .
(c ) Refunds shall not be made for fees paid for permits
which have been revoked for any reason, or expired prior to full
completion of work; nor shall such fee be applied to reduce the
fee on any subsequent permit which may be issued for any
structure at the same location.
(d) Where a person shall unlawfully proceed to do any
work or construction without a required permit, the
above-mentioned permit fees shall be doubled as a penalty. The
payment of such penalty shall not release the person in default
from any other penalties hereafter provided .
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SECTION II . Chapter 6, Article 2, Section 6-5 shall be
amended to read as follows :
SECTION 6-5. Adoption by reference.
(a) The following rules, regulations and codes are
hereby adopted by reference as fully as if set forth herein to
govern the erection, construction, enlargement, alteration,
repair, moving, improving, removing, conversion, demolition,
equipping, using, occupying or maintenance of buildings and
structures in the city:
(1 ) -Cori izet4oa-R+ile-s-aid-Reg-taa io ,-3T.-o-lam te-3,
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Code , 675 IAC 13-2, 13-3 and 13-4 which adopts by reference the
Uniform Building Code and the Uniform Building Code Standards,
1985 Edition.
( 2) Indiana Electrical Code, 1984 Edition ( 675 IAC
17) originally published as ( 8 IR 1010) which identifies, amends
and incorporates therein the National Electrical Code, 1984
Edition.
(3) Indiana Plumbing Rules, 1981 Edition, (675 IAC
5) originally published as ( 4 IR 2398) which identifies, amends
and incorporates therein the Uniform Plumbing Code, 1979
Edition.
( 4) Indiana Mechanical Rules, 1981 Edition, (675
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(5) One- and Two-Family Dwelling Code, 1984 Edition,
( 675 IAC 3-2) originally published as (7 IR 1870) which identi-
fies, amends and incorporates therein the Council of American
Building Officials and One- and Two-Family Dwelling Code, 1983
Edition.
( 6) Indiana Energy Conservation Code, 1984 Edition,
( 675 IAC 19) originally published as (7 IR 2525) which
identifies, amends and incorporates therein the Model Energy
Code , 1983 Edition.
(7) Indiana Swimming Pool Rules, 3-9-$z- 1985 Edition,
4475-Z4C- 9) (675 IAC 13-2) originally published as (5 IR 1829)
under that title .
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(8) Installation and Operation of Solid Fuel
Burning Appliances, 1981 Edition, published by the International
Conference of Building Officials .
(9) Standard for Chimneys, Fireplaces, Vents and
Solid Fuel Burning Appliances, Regulation 211, 1980 Edition,
published by the National Fire Protection Association.
(10) Indiana Standards for Permanent Installation of
Manufactured Homes, 675 IAC 3-3, originally published as (6 IR
1729 ) under that title .
(11) General Administrative Rules - Also known as the
Indiana Administrative Code, 675 IAC 12 ( 675 IAC 12-1 and 675 IAC
12-2) , also known as the General Administrative Rules .
(12) Indiana Handicapped Accessibility Code .
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SECTION III . Chapter 6, Article 2, Section 6-6.5 of
the South Bend Municipal Code shall be amended to read as
follows :
SECTION 6-6. 5. Restricted fire limits.
(a) Areas designated as restricted fire limits by this
section are so designated because the Common Council has
determined that the designations and accompanying restrictions
are necessary for public health, safety, and welfare, due to
the congestion of buildings and structures and uses thereof in
the designated areas and due to the accompanying necessity of
the prevention of and protection from fire within those areas.
(1) Central Downtown Restricted Fire Limits :
Beginning at a point formed by the intersection of the north
right-of-way line of Marion Street and the west right-of-way
line of Main Street; thence south along the west right-of-way
line of Main Street to the north right-of-way line of LaSalle
Avenue ; thence west along the north right-of-way line of
LaSalle Avenue to the west right-of-way line of William Street;
thence south along the west right-of-way line of William Street
to the south right-of-way line of Monroe Street; thence
proceeding in a southeasterly and then northeasterly direction
along said south right-of-way line of Monroe Street to the
center of the St. Joseph River; thence proceeding in a
northwesterly direction along the center of the St. Joseph
River to the north right-of-way line of Marion Street; thence
west along the north right-of-way line of Marion Street to the
west right-of-way line of Main Street, which is the point of
beginning.
(2) East Bank Restricted Fire Limits : Beginning
at the point of intersection of the north right-of-way line of
Sorin Street with the east right-of-way line of Niles Avenue in
said City; thence south along said east right-of-way line of
Niles Avenue to the centerline of Jefferson Boulevard; an
eight-two and one-half (82 . 5) foot right-of-way; thence west
along said Jefferson Boulevard centerline to the center of the
St. Joseph River; thence in a northwesterly and northeasterly
direction along the centerline of said river to its
intersection with the projected north right-of-way line of said
Sorin Street; thence east along said projection and along said
north right-of-way line to the east right-of-way line of Niles
Avenue, which is the place of beginning .
(c) Except as hereinafter provided, Ale no person, firm,
or corporation shall erect, construct, enlarge, alter, repair,
move, improve, or convert any building or structure located
within a restricted fire limit unless such work:
(1) Complies with the applicable requirements for Type
I construction in the Indiana Gerletraetiea-Rules-an -ReguIatiens,
10G-EcGien;-66A-IAG-1-1:1 Building Code, (675 IAC 13-2, 13-3 and
13-4) ; or
(2) Is totally installed with automatic sprinkler
devices and complies with Type II, III or IV construction; provided
that the Indiana GeratniatIan-Rules-an -Regulatiene;-1g8G-Ecitien
Building Code, de does not otherwise require a more restrictive type
of construction for such building or structure.
(d) The provisions of subsection (c) shall not apply
to either:
( 1) A building or structure which meets all of the
following criteria:
(a) Requirements of this section are not other-
wise required by the building code ;
(b) Each building or structure is located at
least twenty (20) feet from any other building or structure;
(c ) Fire lanes are adequate to accommodate
firefighting equipment, as determined by the Fire Chief;
(d) The total square footage of the building or
(e) The area of the subject property is not
congested . Congestion shall be defined as a condition where the
ratio of the total square footage of buildings and structures to the
total square footage of vacant land on the subject parcel and all
parcels abutting the subject property is more than 1.15 :1.
( 2) Minor improvements to existing buildings or
structures, which meet all of the following criteria:
(a) There is no change to the existing occupancy
classification; and
(b) Improvement is limited solely to providing
additional exits;
(c) There are no structural alterations to the
building; and
(d) Fire retardant materials are used in the
rehabilitation of the structure.
SECTION IV. Chapter 6, Article 3 is deleted in its entirety
and reserved for future use.
SECTION V. Chapter 6, Article 10 shall be amended to read as
read as follows :
ARTICLE 10. VACANT STRUCTURES
SECTION 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 -t n--(1-(-)- 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.
SECTION 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 .
(b) Sign means and includes any marquee, awning,
billboard, nameplate or advertising device which projects over,
above, or on any portion of the public easements.
(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.
SECTION 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.
SECTION 6-143. 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.
SECTION 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 viola-
tion of this article, he shall notify, by certified mail , any
person having a fee interest, a life estate interest or a
substantial property interest of the existing violation(s) ,
indicate the corrective action required under this article, and
order the corrective action to be completed within fien--(3-0-)-
five (5) days from the date on which the notice is received.
Further, the notice shall state that if the corrective action is
not completed within the -ti-day- five ( 5) day period, the
Building Commissioner, or his designee, will cause the work to be
completed. Where the Building Commissioner, or his designee,
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.
SECTION VI . This Ordinance shall be in full force and
effect from and after its passage by the Common Council,
approval by the Mayor and the Indiana Fire Prevention and
Building Safety Commission and legal publication.
EMBER OF THE ' MON COUNCIL
/14-1
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__ai.a04� CITY of SOUTH 1:ETD
93 !. ®�\
���;�,,",p,l��l� '�,°0� ROGER O. PARENT, Mayor
LL� G t0 0
P H'� s /%.� ®0' COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601
' ,#E-/ICE B
°mow...
DEPARTMENT OF CODE ENFORCEMENT
Katherine G. Barnard 219/284-9486
Director 219/284-9325
Jack A. Mathews February 18, 1986
Building Commissioner
Members
South Bend Common Council
4th Floor
County-City Building
South Bend, Indiana 46601
Dear Council Members :
The attached ordinance includes several amendments to Chapter 6 of
the South Bend Municipal Code, entitled "Buildings" . The majority
of these amendments bring the Municipal Code into conformance with
state statutes and regulations governing the construction of
buildings and are found in Section 6-5 .
The State statutes which have been updated include the following :
(1) The 1979 Edition of the Indiana Building Code has been
updated and adopted by the state as the 1985 Indiana Building Code
and now must be adopted locally by March 1, 1986. The 1985 Indiana
Building Code will incorporate designated National Fire Prevention
Association standards .
( 2) The Indiana Administrative Code, also referred to as
the General Administrative Rules of the Indiana Fire Prevention and
Building Safety Commission was adopted by the state in May, 1985.
These rules consolidate most administrative provisions necessary
for the implementation of state-wide building codes.
The purpose of the Indiana Administrative Code is to provide for
coordinated administrative procedures at the state level for the
Department of Fire Prevention and Building Safety which includes
the State Building Commissioner and State Fire Marshal . Since the
City of South Bend has adopted the state-wide and fire codes, these
rules must be adopted locally. The major changes in the Indiana
Administrative Code is in the area of enforcement. Locally, the
responsibility for the enforcement of these rules has been assigned
to the Building Commissioner.
r.
T
South Bend Common Council Members
February 18, 1986
Page Two
(3) The Indiana Handicapped Accessibility Code will take
effect March 1, 1986. This code adopts standards for making
buildings and facilities accessible and usable by physically
handicapped individuals .
Several changes to Section 6-6.5, entitled "Restricted Fire
Limits", are being proposed . This section of the code designates
two fire districts within the City -the central downtown area and
the East Bank area. As you are aware, these areas were so
designated because of the congestion of buildings and structures
within these areas, making it necessary to impose certain
restrictions .
The changes to the fire limit section make it possible for
construction in less congested areas and permits minor improvements
to existing buildings if the specified criteria are followed. The
criteria established ensures that cost effective development can
occur in these districts in conformity with all health and safety
factors .
Section 6-40 governing Vacant Structures has been amended to allow
Code Enforcement to secure buildings that have been open five ( 5)
days rather than waiting ten (10) days . A vacant structure in a
neighborhood is a hazard and should be secured as soon as possible
after adequate notice has been provided to the property owner.
Five (5) days is sufficient time for a property owner to secure a
structure after receiving notice from Code Enforcement.
If you have any questions concerning the amendments to the Building
Chapter, please feel free to contact me.
Sincerely yours,
er
Katherine G. Barnard
Director
Department of Code Enforcement
KGB/vls/14-43
cc: Mayor Roger 0. Parent
Jack Mathews, Building Commissioner
Luther Taylor, Fire Chief
Jon Hunt, Director, Redevelopment
Marva J. Leonard, Assistant City Attorney
finmmittrr Report
0!0 the Tommnn &unrtl of the U1ttg of*nutty limb:
Your Committee of the Whole
to whom was referred
BILL NO.
22-86 A BILL AMENDING CHAPTER 6 OF THE SOUTH BEND 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.
Ann B. Puzzello
Chairman
FREE PRESS PUBLISHING CO.
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