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HomeMy WebLinkAboutAmending Chapter 6 Entitled Buildings Deleting Chapter 8 Articles 1 Through 6ORDINANCE No 7304 -84 Passed by the Common Council of the City of South Bend, Indiana ebruary 27, zg g4 Clerk IRENE K. GAMMON of Common Council Presented by me to the Mayor of the City of South Bend, Indiana Februar 28, ig 84 IRENE K. GAMMON Approved and signed by me g Clerk AMENDED BILL FOR A.B.C. REVIEW 2/14/84 BILL NO. ORDINANCE N0. '7- go'/-d' / AN ORDINANCE AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED BUILDINGS, AND DELETING CHAPTER 8, ARTICLES 1 THROUGH 6 OF THE SOUTH BEND MUNICIPAL CODE 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, and the deletion of Chapter 8, Articles 1 through 6, are required. 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 -1 of the South Bend Municipal Code is deleted in its entirety, and a new Section 6 -1 is adopted, as follows: Section 6 -1. Definitions. As used in this Chapter: (1) Building Code means the provisions of this Chapter and the standard statewide building codes promulgated by the Indiana Administrative Building Council pursuant to I.C. 22- 11 -1 -1 et seq., as adopted by reference in this Chapter, and as amended by this Chapter. (2) Building Official means the City Building Commissioner. (3) City means the City of South Bend, Indiana. (4) Department means the Code Enforcement Department. SECTION II. Chapter 6, Article 1, Section 6 -4(a) is amended to add a new subsection (17) as follows: Section 6- 4(a)(17). The fees for installation of a wood burning stove are as follows: (A) Flue (including chimney and chimney connector ) .................$5.00 (B) Existing masonry chimney (new flue liner ) ........................5.00 (C) Hearth extension (fireplace stove or fireplace insert) ..............5.00 SECTION III. Chapter 6, Article 1 of the South Bend Municipal Code is amended by the addition of the following sections: Section 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 Depart- ment office for public inspection. Section 6 -4.2. Code Enforcement Agency. The Code Enforcement Department is the City code enforcement agency to admin- ister and enforce the rules, regulations, and code adopted and pro- mulgated under this Chapter. Section 6 -4.3. Building Commissioner. (a) The Director of the Department shall appoint a Building Commissioner, who shall hold at least a bachelor's degree in archi- tecture, mechanical, civil, electrical, or structural engineering from an accredited college or university and shall have at least five (5) 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 one year of appointment. (b) In addition to other duties as assigned, the Building Commissioner shall: (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. Section 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. Section 6 -4.5. Employee Restrictions. No Department employee shall undertake or submit a bid to or by himself or by 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 of such building or structure. SECTION V. Chapter 6, Article 2 of the South Bend Municipal Code is deleted in its entirety, and a new Chapter 6, Article 2 is adopted, as follows: ARTICLE 2. BUILDING RULES AND PROCEDURES. 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, -2- improving, removing, conversion, demolition, equipping, using, occupying or maintenance of buildings and structures in the City: (1) Indiana Construction Rules and Regulations, Volume I, 1980 Edition, 660 IAC 1 -1.1, originally published as 3 IR 2148, which identifies, amends and incorporates therein the Uniform Building Code, 1979 Edition, and the Uniform Building Code Standards, 1979 Edition. (2) Indiana Electrical Rules, 1981 Edition, 660 IAC 7, originally published as 4 IR 798, which identifies, amends and incorporates therein the National Electrical Code, 1981 Edition. (3) Indiana Plumbing Rules, originally published as amends and incorporates Code, 1979 Edition. 1981 Edition, 660 IAC 9, 4 IR 2398, which identifies, therein the Uniform Plumbing (4) Indiana Mechanical Rules, 1981 Edition, 660 IAC 8, originally published as 4 IR 1828, which identifies, amends and incorporates therein the Uniform Mechanical Code, 1979 Edition. (5) Indiana One and Two Family Dwelling Rules, 660 IAC 3, originally published as 4 IR 916, which identifies, amends and incorporates therein the One and Two Family Dwelling Code, 1979 Edition. (6) Indiana Energy Conservation Rules for New Building Construction, Volume V, 1979 Edition, 660 IAC 4, 1980 Supp., published under that title. (7) Indiana Swimming Pool Rules, 1982 Edition, 660 IAC 5 -2, published originally as 5 IR 1829 under that title. (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 Housing, 660 IAC 3 -2. (11) Indiana Administrative Rules, 1983 Edition, 660 IAC 6 -3. (b) The following sections of the 1979 edition of the Uniform Building Code, not included in the above rules, regulations and codes, are hereby adopted by reference and made a part of the Building Code as fully as if set forth herein: Section 202(e). Occupancy Violations. Section 203. Unsafe Buildings or Structures. Section 301. Permits. Section 302. Application for Permit. Section 303. Permit Issuance. Section 304(e). Fee Refunds. Section 305. Inspections. Section 306. Special Inspections. Section 307. Certificate of Occupancy. Section 6 -6. Building Code Board of Appeals. (a) A Building Code Board of Appeals shall hear petitions from persons requesting a revocation or modification of a determination by the Building Commissioner. -3- (b) The Building Code Board of Appeals shall consist of five (5) members who are qualified by experience and training to pass upon matters pertaining to building construction and alteration. Members of the Board shall be appointed by the Mayor for a term of one year and shall hold office at his pleasure. The Building Commissioner shall be an ex- officio member of the Board and shall act as its Secretary. (c) The Building Code Board of Appeals shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the Depart- ment with a duplicate copy to the petitioner. Section 6 -6.1. Compliance with Building Code. (a) It shall be unlawful for any person, firm or corpora- tion 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 in behalf thereof who violates or fails to comply with any of the provisions of the Build- ing Code shall be guilty of an offense and upon conviction thereof shall be fined One Hundred Dollars ($100.00) . Each day that a violation is permitted to exist shall constitute a separate offense. (c) Any building or structure erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted, demolished, equipped, used, occupied, or maintained in violation of any of the provisions of the Building Code or the requirements thereof is declared to be a nuisance, and such nuisance may be abated in the manner nuisances are now or hereafter may be abated under existing law. Section 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 com- pleted 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 will be moved; a plot plan showing the structure in its proposed new location; affidavits from all public utility companies, railroads, service companies, and cable television companies with facilities along the proposed route, certifying that the applicant has deposited with such company or agency satisfactory surety to cover 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 ($1,000,000) Dollars and liability coverage in the amount of Five Million ($5,000,000) Dollars, naming the City of South Bend as co- insured. (c) Within three 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 recommenda- tion, 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. -4- (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 in writing to the Mayor within seven (7) days of the Department's denial of the permit. Notice of hearing for denial of the permit shall be in writing given by the Mayor or his designee. Service of such notice shall be made either by personal service, which shall be certified, or by certified mail, return receipt requested, to the applicant at the last known address, at least five 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. Section 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 obtain- ing 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 ($10,000) Dollar 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 permit holder shall be liable upon his performance bond for the placement of any necessary traffic control devices, such as barricades, warning signs and lights. (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 and 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. -5- ,:I I : 1 (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 backfilling. (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 demolition site within six (6) months after completion of the demolition. Section 6 -6.35. Wood Burning Stove Permit. (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 times, one each for preliminary venting work and for final, completed installation. The permit holder shall notify the Department at least 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. 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. (b) The following areas are designated as Restricted Fire Limits, and all buildings and structures therein shall be subject to the provisions of this section: (i) 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. (ii) 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 eighty -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) 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: (i) complies with the applicable requirements for Type I construction in the Indiana Construction Rules and Regulations, 1980 edition, 660 IAC 1 -1.1; or (ii) is totally installed with automatic sprinkler devices and complies with Type II, III, or IV construction, provided that the Indiana Construction Rules and Regulations, 1980 edition, do not otherwise require a more restrictive type of construction for such building or structure. SECTION VI. Chapter 6, Article 3 of the South Bend Municipal Code is deleted in its entirety, and a new Article 3 is adopted as follows: Article 3. Architectural Barriers. Section 6 -7. Application. The provisions of this Article shall be in addition to but shall not conflict with any and all applicable requirements of the Rules adopted by Section 6 -5. Section 6 -8. Entrances, Doorways and Doors. (a) Public exterior entrances which are equipped with doors operable by a physically handicapped person shall be clearly marked as designated for the physically handicapped. Evil (b) Raised or recessed letters or numbers shall be used to identify doors leading to public facilities and emergency facilities, and shall be located at a height between three (3) and five (5) feet from the floor and between four (4) and twelve (12) inches from the door jamb on the side opposite the door hinges. Section 6 -8.1. Stairs. Where open risers of no less than two (2) incl and the bottom of the riser feet from slipping through. walls shall have side skirt height. are u; ies in join, Open board sed, they shall have a partial riser height where the top of the tread to prevent canes, crutch tips and riser stairways not located between of not less than two (2) inches in Section 6 -8.2. Accomodations for Hearing Impaired Persons. (a) Places of assembly shall provide facilities and /or devices to enable persons with hearing disabilities to participate fully in the activities held therein. The facilities and /or devices should normalize the hearing of the hearing disabled person to the greatest extent permitted by available marketed technology. The facilities and /or devices shall be maintained in operating condition. (b) The facilities and /or devices for persons with hearing disabilities shall be located in performance viewing and convenient participation positions, according to the following schedule: Capacities of Assemblies Number of Persons Provided with Hearing Facilities and /or Devices up to 50 ............ ........................minimum 1 51 to 150 ........... ........................minimum 2 150 to 300 .......... ........................minimum 3 301 to 500 .......... ........................minimum 4 501 to 1, 000 ........ ........................minimum 7 1,001 to 1, 500 ...... ........................minimum 10 over 1,500 .......... ........................minimum 10 plus 1 for each 300 over 1,500 SECTION VII. Section 6, Article 4 of the South Bend Municipal Code is amended, as follows: (a) Section 6 -9 is deleted in its entirety, and a new Section 6 -9 is adopted, as follows: Section 6 -9. Plumbing Inspector. The Director of the Department shall appoint a plumbing inspector, who shall hold a valid Indiana plumbing license and shall have at least ten (10) years experience in plumbing services as defined in Section 6- 10(b)(1)(A). In addition the inspector shall have a thorough knowledge of the Indiana Plumbing Rules and of approved materials and methods of plumbing necessary for safety to persons and property. (b) Section 6 -10(b) is deleted in its entirety, and a new Section 6 -10(b) is adopted, as follows: Services. Section 6- 10(b). Registration and Permits for Plumbing we (1) Definitions. As used in this subsection, the following words shall have the following meanings: (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. (B) Excavator: A person who installs sewers or drainage systems and /or devices, such as drain basins, drywells, storm sewers, sanitary sewers, and septic tanks (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. (D) Maintenance Technician: A person who is employed on a permanent basis to keep the premises of a business establishment or multi - family residential establish- ment in good repair. (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 register with the Department; provided, however, that the owner - occupant of a dwelling of eight (8) or fewer residential units shall not be required to register when he or she is installing, altering or repairing the plumbing of those residential units. (B) Registration shall be on forms provided by the Depart- ment and shall be accompanied by payment of a regis- tration fee, as follows: Excavators .....................$10.00 Fire Protection Sprinkler Contractors ...................10.00 Journeyman Plumber ...............5.00 Lawn Sprinkler Contractors ...... 10.00 Maintenance Technician ........... 5.00 Plumbing Contractor .............10.00 Sewer Cleaners ..................10.00 Swimming Pool Installers ........ 10.00 Water Softener Dealer ............ 5.00 (C) Registration shall be for a term from August 1 or the date of initial registration and shall be renewed each year by August 1. (3) Permits required. (A) No person shall perform plumbing services within the City without obtaining in advance a permit from the Department. (B) Before a plumbing permit may be issued, the applicant must comply with subsection (b)(2) of this section. (C) Other limitations on permit issuance. (i) 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. (ii) A fire protection sprinkler contractor may only be issued a permit to install or repair fire protection sprinkler systems. (iii) A lawn sprinkler system contractor may only be issued a permit to install or repair lawn sprinkler systems, including back flow protection devices. (iv) A maintenance technician may only be issued a permit to repair plumbing or to replace fixtures which require no changes to the piping, provided that the repair or replacement is to plumbing at his regular place of employment as a maintenance technician. (v) A sewer cleaner may only be issued a permit to repair or alter existing drainage piping, or to install sewer or water lines, from a distance of two (2) feet outside of any building or structure to the public way. (vi) A swimming pool installer may only be issued permits required for work connected with the installation of swimming pools. (vii) A water softener dealer may only be issued a permit to install water softening equipment or apparatus. (c) All plumbing installations requiring a permit shall be inspected by the plumbing inspector three times, once each for underground work, rough -in 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 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. SECTION VIII. Chapter 6, Article 6 of the South Bend Municipal Code is eleted in its entirety, and a new Article 6 is adopted, as follows: Article 6. Electrical Code. Section 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. -10- (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. Section 6 -20. Liability for Damages. 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. Section 6 -21. Electrical Inspector. (a) The director of the Department shall appoint an electrical inspector, who shall have at least ten (10) 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 five (5) years of such experience and be a graduate of a recognized engineering college or university. In addition, the inspector shall have a thorough know- ledge of the Indiana Electrical Rules 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 discontinuance of electrical service to such electrical equipment. (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. Section 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, one (1) electrical construction journeyman, and the City electrical inspector. Members shall serve for a term of four (4) years, and shall hold office at the pleasure of the Mayor. Each member shall receive Ten ($10.00) Dollars for each meeting of the Board he attends, except for the electrical inspector, who shall serve without pay. (c) On the first Monday in March and on the first Monday in August the Board or its designee shall examine applicants for licenses, provided that any such appliations are pending. The Board may also meet at the call of the chairman of the Board, and provide for examinations at other times. - 11 - (d) The Board shall keep a record of all licenses and certificates and shall have printed a manual of its 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. Section 6 -23. Electrical Licenses. (a) No person shall perform or cause to be performed any installation, maintenance, alteration or repair of any electrical equipment without obtaining in advance a license from the Controller upon presentation of a certificate issued by the Board. (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 Class B license at one time. (b) Exemption. No license under this Article is required for the execution or performance of the following electrical work: (1) Installations of communications systems, installations in recreational vehicles, and installations not covered by the Indiana Electrical Rules. (2) The performance of electrical work in a one- or two - 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 compen- sation 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 $20.00 examination fee; provided, however, that in the event of a specially scheduled examination, the examination fee shall be $50.00. (5) Evidence of the applicant's age being at least 21 years. -12- (6) 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. (7) Place and date of graduation from high school or equivalent. (d) Examination. To qualify for a new license, an applicant must earn a score of not less than 75% correct answers to a written examination to be given by the Board. The examination shall consist of not less than 25 questions testing the applicant's knowledge of the Indiana Electrical Rules 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 ($5,000.00) Dollars, 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 provisons. (f) Issuance of certificate. (1) The Board shall examine the application, the accompany- ing documentation and other information provided, examination results, and shall recommend to the Controller the granting or denying of the license applied for. 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, payment of the prescribed license fee, and presentation of a certificate of approval from the Board. (3) Each certificate of license shall specify the name of the person to whom the license is issued, the address of the place from which the licensee does business, and the expiration date of the license. The certificate of license shall be posted in a conspicuous place in the licensee's principal place of business. (g) Non - transferability. Any license issued under this Article is non - transferable 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 Board. (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 or January 1 of a renewal license through and including December -13- 31 of each calendar year. A grace period shall be allowed for the renewal of each license until January 11 of the next calendar year. (2) Renewal. A person is eligible for a renewal license if he has held a valid and unrevoked license under this Article within the preceding twenty -four (24) months, or has held a valid and unrevoked license under this Article within the preceding forty -eight (48) months and demonstrates to the satisfaction of the Board that during at least twenty -four (24) months of that period the person has been actively engaged in electrical work applicable under the type of license held. If the person fails to comply with either of the requirements of this subsection, he must apply for and meet all requirements for a new license. (i) License fees. (1) Class A: New: Renewal: (2) Class B: New: Renewal: Section 6 -24. Permits. (a) Required in advance. to be performed the installation or wiring or equipment on or within any within the City without obtaining in Department. $50.00 $25.00 $50.00 $15.00 No person shall perform or cause alteration of any electrical building, structure or premises advance a permit from the (b) 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: 60 AMP ............. ..........................$3.00 100 AMP ............ ...........................4.00 200 AMP ............ ...........................5.00 (2) Service Entrance Equipment: a. Domestic (Dwellings) : 60 AMP (efficiency apartments only) ....... 2.00 100 AMP ........ ...........................3.00 200 AMP ............... ..................4.00 Over 200 AMP ... ...........................5.00 b. Commercial or Industrial: 100 AMP ........ ...........................4.00 200 AMP ........ ...........................6.00 400 AMP .. ............................... .8.00 600 AMP ........ ..........................10.00 Over 600 AMP thru 2,000 AMP ..............12.00 Over 2,000 AMP . ..........................15.00 (3) Circuits: a. Nonmetallic sheathed cable, each ............ ................2.00 b. Circuits in raceways, each ................3.00 (4) Horsepower: a. First hp...... ...........................5.00 b. Each additional hp ........................0.20 -14- (5) Reset and reconnect fees ......................4.00 (6) Miscellaneous inspection fee, each ............ 5.00 (7) Re- inspection fee, each ......................10.00 (Said fee shall be in addition to the regular fee) (8) Illuminated signs projecting over public property: (A) Permit fees for new signs shall be calculated at a rate of thirty cents ($0.30) per square foot of each face measured on skeleton framework. (B) Permit fees for signs flat against a building shall be calculated at a rate of thirty cents ($0.30) per square foot measured as total area of the display surface. (C) All installations of new billboards shall require a permit with a billboard fee of twenty -five dollars ($25.00). (c) If the exact number of circuits or horsepower is unknown at the time of application for a permit, a permit may be taken for the minimum amount known with correction to be made at the time the work is completed. Section 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 at least 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 ($10.00) Dollars shall be charged for each future inspection of that stage of work. (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 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 Rules 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. Section 26 through 35 are reserved for future use. SECTION IX. Chapter 6, Article 7 of the South Bend Municipal Code is deleted it in its entirety, and a new Article 7 is adopted, as follows: -15- Article 7. Mechanical Code. Section 6 -36. Mechanical Inspector. The Director of the Department shall appoint a mechanical inspector, who shall have at least ten (10) years experience in heating, air conditioning, and ventilating installation, maintenance, alteration or repair. In addition, the inspector shall have a thorough knowledge of the Indiana Mechanical Rules and of approved materials and methods of heating, air conditioning, and ventilating installation, maintenance, alterations, and repair necessary for safety to persons and property. Section 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: three (3) class A contractors, one (1) professional engineer with five (5) years experience in heating, air conditioning and ventilation, as verified by the Building Commissioner, and the Building Commissioner or his designee. Members shall serve for a term of four (4) years and shall hold office at the pleasure of the Mayor. Each member shall receive Ten ($10.00) Dollars for each meeting of the Board he attends, except for the Building Commissioner or his designee, who shall serve without pay. (c) On the second Monday in January and the second Monday in July of each year the Board or its designee shall examine applicants for licenses, provided that any such applications are pending. The Board may also meet at the call of the chairman of the Board and provide for examinations at other times. (d) The Board shall keep a record of all licenses and certificates and shall have printed a manual of its rules and regu- lations 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. Section 6 -36.2. Heating, Air Conditioning and Ventilating Licenses. (a) No person shall perform or cause to be performed 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, upon presentation of a certificate issued by the Board. (1) Class A Heating, Air Conditioning and Ventilating Contractor's License. A Class A 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 -16- 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. (2) Class B Heating, Air Conditioning and Ventilating Contractor's License. A Class B heating, air conditioning and ventilating contractor's license may be issued to a plumbing contractor who is actively engaged in the steam and hot water contracting business, who holds a plumbing contractor's license and a plumbing contractor's permit from the Department. This license entitles the holder to perform steam and hot water contracting work and to install conversion burners in existing furnaces. (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 application shall include: (1) The class of license applied for. (2) The name and place of business of the applicant. (3) Each applicant for a Class A 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 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. (6) Place and date of graduation from high school or equivalent. (7) Payment of a $20.00 examination fee; provided, however, that in the event of a specially scheduled examination, the examination fee shall be $50.00. (8) Each applicant for a Class B license must present evidence to demonstrate his qualifications for the license. (c) Examination. (1) Class A License. To qualify for a new Class A license, an applicant must earn a score of not less than 75% correct answers to a written examination given by the Board. The examination shall consist of not less than 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 Mechanical Code. The Department shall keep a complete record of each examination for three 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. -17- (2) Class B License. No written examination is required. (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 $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 accompany- ing documentation and other information provided, and, in the case of applicants for Class A licenses, the examination results, and shall recommend to the Controller the granting or denying of the license applied for. 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, payment of the prescribed license fee, and presentation of a certificate of approval from the Board. (3) Each certificate of license shall specify the name of the person to whom the license is issued, the address of the place from which the licensee does business, and the expiration date of the license. The certificate of license shall be posted in a conspicuous place in the licensee's principal place of business. (f) Non - transferability. Any license issued under this Article is non - transferable 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 or January 1 of a renewal license through and including December 31 of each calendar year. (2) Renewal. A person is eligible for a renewal license if he has held a valid and unrevoked license under this Article within the preceding twenty -four (24) months, or has held a valid and unrevoked license under this Article within the preceding forty -eight (48) months and demonstrates to the satisfaction of the Board that during at least twenty -four (24) months of that period the person has been actively engaged in heating, air conditioning and ventilating work applicable under the type of license held. If the person fails to comply with either of the requirements of this subsection, he must apply for and meet all requirements for a new license. (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 horsepower or less or of electric baseboard cable or panel heating units. (i) License fees. (1) Class A: New: $50.00 Renewal: $25.00 (2) Class B: New: $25.00 Renewal: $15.00 Section 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) Fees. Each application for a of heating, ventilating, air conditioning, a equipment or systems shall be accompanied by the schedule below. When the total capacity single installation is provided by more than capacities of each unit and the total number determine the fee. permit for installation nd refrigeration fees in accordance with of any system in any one unit, the sum of the of such units shall Space Heaters, each 30,000 Btu input or more ....... $ 5.00 Warm -air furnaces and unit heaters: 60,000 to 300,000 Btu input: 1st unit .............. ..........................10.00 2nd unit ........ ............................... .5.00 300,000 Btu input or more :.......... ..............20.00 Oil and gas conversions: 60,000 to 300,000 Btu input: 1st unit .............. ...........................5.00 2nd unit.............. ...........................3.00 300,000 But input or more... .... ........ 10.00 Electric furnaces (air handling): Less than 100 kw input: lst unit.............. ..........................10.00 2nd unit..... ... oo ........... o .......... ..... 5.00 100kw input or more........... . .................20.00 Roof top combination furnace and air conditioning (see similar classification below)...30.00 Modular unit air conditioning .......................20.00 Air conditioning, central, electric: Less than 5 tons... ..... oo ... _0000 ... oo ... 0000.o.10.00 5 to 10 tons............ ..........................20.00 Over 10 tons............ ..........................30.00 Ventilating and exhaust systems: Less than 500 CFM capacity ........................no fee 500 to 1500 CFM capacity ...........................5.00 (plus $1.00 for each 500 CFM or fraction thereof in excess of 1500 CFM) Refrigeration and engine- driven, gas fired or oil fired cooling equipment: 1 to 5 horsepower, ............ o .......... o ....... olO.00 6 to 10 horsepower ...... ..........................20.00 More than 10 horsepower . ..........................30.00 Incinerators : 5 cubic feet or less .... ...........................3.00 More than 5 cubic feet.. ....... .................3.00 (plus $1.00 for each cubic feet in excess of 5 cubic feet) Maximum fee .... ........ ..........................50.00 Roof top combination furnace and air conditioning units (see similar classification above) 60,000 to 300,000 Btu: Upto 7 1/2 tons ........ ..........................30.00 7 1/2 tons or more.. . ..........................50.00 Heat pumps, 60,000 to 300,000 Btu: Upto 7 1/2 tons ........ ..........................30.00 7 1/2 tons or more ...... ..........................50.00 -19- Boilers, steam or hot water: 60,000 to 300,000 Btu: First unit ............ ..........................10.00 Second unit ........... ...........................5.00 300,000 Btu or more ..... ..........................20.00 Through -wall combination air conditioning /heating: First unit ............ ...........................3.00 Each additional unit .. ...........................2.00 Reinspection fee .......... ..........................10.00 SECTION X. Chapter 8, Articles 1, 2, 3, 4, 5, and 6 of the South Bend Municipal Code, entitled Electricity, are deleted in their entirety and reserved for future use. SECTION XI. If any section, subsection, sentence, clause or phrase of this ordinance is held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. SECTION XII. Any ordinances or portions of the Municipal Code in conflict herewith are hereby repealed. SECTION XIII. This ordinance shall be in full force and effect from and after its adoption by the Common Council, approval by the Mayor, approval by the Indiana Administrative Building Council, and legal publication. e of the C OP16 n Counci 1st READING PUBLIC HEARING 2nd READING NOT APPROVED REFERRED i PASSED c� _ � '7 " � c G.� tiC�"'`�" -20- CITY of SOUTH BEND ROGER O. PARENT, Mayor COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 Department of Code Enforcement 219/284.9486 Katherine G. Barnard 219/284.9498 Director 219/284.9325 Paul L. Roelke Building Commieeloner February 24, 1984 Dear Council Members: Attached please find a copy of the Building Ordinance that has been approved by the State Administrative Building Council and a copy of the letter I received from David Bills, the Director of Code Enforcement for the State of Indiana. Building Commissioner Paul Roelke, Electrical Inspector Don Cedergren, Plumbing Inspector Merle Carlton, Heating Inspector Bert Ellis and I will all be at the Public Safety Committee meeting and the Council meeting on January 24, 1984 to answer any questions you might have concerning the ordinance. If you have questions before the Council meeting please feel free to contact me at the office, 284 -9325 or at my home 233 -6688. Sincerely, Jo�_ &V. ---St Katherine G. Barnard Director KGB:jw ( antutt rr ar,par# (To 14t f60mum Tom% of #4r 04; of 0out4 Your Committee OF THE WHOLE to whom was referred 6 -84 A BILL AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED BUILDINGS, AND DELETING CHAPTER 8, ARTICLE 1 THROUGH 6 OF THE SOUTH BEND MUNICIPAL CODE. 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 substitution of a new bill; and amending the substitute bill on page 2, Section 6 -4.3 fourth sentence, remove "or in a closely related field" Joseph T. Serge Chairman FREE PRESS PUBLISHING CO.