HomeMy WebLinkAbout11211-25 Amending Articles 1 Through 7 and Article 11 of Chapter 6 of the South Bend Municipal Code to Update Regulations Governing the Building Department ORDINANCE No . 11211_25
Passed by the Common Council of the City of South Bend, Indiana
June 23, 20 25
Attest: lAwd., City Clerk
Bianca L. Tirado
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Attest: President t^'►yt/' livillw of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
June 24, 20 25
"4 City Clerk
ianca L. Tirado
Approved and signed by me J '4rt 19
20 25
k-- A/N-..-- Mayor
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BILL NO. 38-25
ORDINANCE NO. 11211-25
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING ARTICLES 1 THROUGH 7 AND ARTICLE 11 OF CHAPTER 6
OF THE SOUTH BEND MUNICIPAL CODE TO UPDATE REGULATIONS
GOVERNING THE BUILDING DEPARTMENT
STATEMENT OF PURPOSE AND INTENT
Chapter 6 of the South Bend Municipal Code provides the regulations governing the
operations of the Building Department within the City of South Bend, among other topics.
The proposed ordinance provides key updates to the Articles within Chapter 6 pertaining
to the Building Department to address topics such as fee adjustments, procedural improvements,
definition updates, and process clarifications in order to support the Building Department's
operations and enforcement capabilities.
The proposed ordinance increases permit fees to account for inflation and generate revenue
necessary to support Building Department operations. The revised fee structure ensures that the
costs associated with permit processing, inspections, and enforcement are adequately funded
without creating an undue burden on applicants.
The proposed ordinance updates definitions to align with state definitions to ensure
consistent application and enforcement and minimize ambiguities in interpretation.
The proposed ordinance clarifies operational cooperation between the Building and Fire
Department in promoting compliance. It also clarifies the process for issuing a stop work order,
identifying abandoned projects, and the Building Department's inspection authority.
The proposed ordinance provides for a red tag and citation cadence for enforcement of
violations of the Building Code to ensure effective enforcement.
The proposed ordinance also clarifies demolition requirements, including compliance with
Indiana Department of Environmental Management requirements, access to the right-of-way,
handling of construction and demolition waste, and leaving the site in a buildable state.
The proposed ordinance clarifies the process for contractor registrations contained in
Articles 6 and 7, including the requirements for an application and the process for approval. It also
includes requirements for suspending or revoking a registration. The proposed ordinance also
contains updated fee schedules for mechanical, plumbing, and electrical permits to ensure that the
fee schedules set forth in the ordinance align with Building Department forms to avoid confusion.
The proposed ordinance also addresses new requirements adopted by the Indiana General
Assembly to take effect on January 1,2026 applicable to Class 2 structures requiring municipalities
to allow private providers to perform certain plan reviews and inspections.
This ordinance amendment is necessary for the effective, efficient administration of the
Building Department. This ordinance is in the best interest of the City and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA as follows:
SECTION I. Articles 1 through 7 and 11 of Chapter 6 shall be amended as follows:
Page 1 of 31
CHAPTER 6 BUILDING'
ARTICLE 1. GENERAL PROVISIONS
Sec. 6-1. Definitions.
As used in this chapter:
(1) Building Code means the provisions of this chapter and the standard state-wide
Building Codes as adopted by reference in this chapter, and as amended by this
chapter.
(2) Building Official, code official, and Building Commissioner mean the City of South
Bend's Building Commissioner or their designee.
(3) City means the City of South Bend, Indiana.
(4) "Class 1 structure"has the meaning ascribed thereto in IC 22-12-1-4.
(5) "Class 2 structure"has the meaning ascribed thereto in IC 22-12-1-5.
(6) "Commission"has the meaning ascribed thereto in IC 22-12-1-6.
(7) "Construction"has the meaning ascribed thereto in IC 22-12-1-7.
(8) Department means the City of South Bend's Building Department.
(9) "Industrialized building system"has the meaning ascribed thereto in IC 22-12-1-14.
(10) "Manufactured home" has the meaning ascribed thereto in IC 22-12-1-16.
(11) "Mobile structure" has the meaning ascribed thereto in IC 22-12-1-17.
(12) "Person"has the meaning ascribed thereto in IC 22-12-1-18.
(13) "Structure"means both Class 1 and Class 2 structures, unless specifically stated
otherwise.
(14) "Temporary structure" has the meaning set forth in 675 IAC 12-6-2 (f).
(15) "Vehicular bridge"has the meaning ascribed thereto in IC 22-12-1-26.
"Terms not defined": Where terms are not defined in this Ordinance and are defined in the
General Administrative Rules, Indiana Building Code, Indiana Fire Code, Indiana
Mechanical Code and Indiana Fuel Gas Code, such terms shall have the meanings
ascribed to them as in those codes. Where terms are not defined through the methods
authorized, such terms shall have ordinarily accepted meanings such as the context
implies.
(Ord. No. 8243-92, § 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.
(Ord. No. 8243-92, § 1)
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 provisions are less restricted than similar provisions of this chapter.
(Ord. No. 8243-92, § 1)
'Editor's note(s)—Ord. No. 8243-92, § 1, adopted Feb. 10, 1992, amended Ch. 6, Arts. 1-10 to
read as herein set out. Prior to amendment, Arts. 1-10 contained §§ 6-1-6-4, 6-4.1-6-
4.5, 6-5, 6-6, 6-6.1-6-6.3, 6-6.3.5, 6-6.5, 6-7, 6-7.1, 6-7.2, 6-8, 6-8.1, 6-9-6-25, 6-36, 6-
36.1-6-36.3, 6-37-6-44, which pertained to similar subject matter. For a comprehensive
listing of the ordinances from which Arts. 1-10 derived, please refer to the Code
Comparative Table in the back of this Code book.
Cross reference(s)—Plumbing permit fees, § 6-10(c); plumbing contractors' registration fees, §
6-10(d)(2)(b); heating, air conditioning and ventilating contractors'registration fees, § 6-
36(i); installation fees for heating, ventilating air conditioning and refrigeration equipment,
§ 6-36.3(c).
State law reference(s)—Building Code compliance and enforcement, IC 36-7-9-1 et seq.; power
of Council to regulate building, IC 36-7-10-2.
Page 2 of 31
Sec. 6-4. Permit fees.
(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.
(b) Withhold issuance of permits.
(1) Whenever a person owes fees to the Building Department (including checks returned
for insufficient funds, permit fees owed pursuant to the South Bend Municipal Code, or
inspection fees owed pursuant to the South Bend Municipal Code) applies for or
otherwise seeks to obtain a building permit, the Building Commissioner shall withhold
the issuance of a building permit to such person until such time that all fees are paid or
are no longer due and owing by operation of law.
(2) Whenever a person applies for a building permit for a structure that is not being used
or constructed in conformance with the Zoning Ordinance or any other ordinance
relating to land use, the Building Commissioner shall withhold the issuance of the
requested building permit until such time that the structure is brought into conformance
with all applicable ordinances; provided, however, that if additional construction is
necessary to achieve compliance, the Building Commissioner is authorized to permit
such construction, which shall be performed in accordance with all applicable laws and
subject to regulation and enforcement by the Building Department.
(c) Permit revocation. The Building Commissioner shall revoke a building permit when any of
the following is applicable:
(1) The application, plans or supporting documents contain a false statement or
misrepresentation as to a material fact;
(2) The application, plans or supporting documents reflect a lack of compliance with
building standards and procedures;
(3) There is a failure to comply with any provisions of state or local law; or
(4) The structure for which the building permit has been issued is not being used or
constructed in compliance with the Zoning Ordinance or any other ordinance relating
to land use.
(d) Where a building permit for a building or structure has been issued prior to the effective
date of the ordinance from which this section is derived, and provided that construction
begins within six (6) months of the effective date and is diligently performed to completion,
that building or structure may be completed in accordance with the approved plans on the
basis of which the building permit has been issued, and further, may, upon completion, be
occupied under a certificate of occupancy for the use for which was originally designated,
subject thereafter, if applicable, to the provisions herein for nonconforming buildings,
structures, and uses.
(e) 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 residential and commercial new construction and
building additions shall be based upon the following:
a. Cost per Square Foot (CSF) times the total square footage (TSF) times the Local
Variable Factor(LVF) of$0.00098, rounded down to the nearest whole dollar.
b. Cost per square foot (CSF) shall be determined by the International Code Council
Building Valuation Table in effect in January of each year.
c. The cost per square foot (CSF)by occupancy classifications shall be amended as
follows:
1. Groups F-1, F-2, H-1, H-2, H-3, H-4, and M shall have the same rate as A-3.
2. Groups 1-4, R-2, and R-4 shall have the same rate as I-1.
3. Groups S-1, S-2, and U shall have the same rate as R-3.
d. Minimum fee—Sixty dollars ($60.00).
(2) Permits issued for all alterations, repairs, remodeling of existing structures over five
hundred dollars ($500.00), fence installations, swimming pool installations,
communication towers, and utilities, as verified by the submitted documentation shall
be subject to the following fee schedule:
Estimated Construction Costs Permit Fees
$1.00 to$3,000.00 $60.00
3,001.00 to 4,000.00 65.00
4,001.00 to 5,000.00 70.00
5,001.00 to 6,000.00 75.00
Page 3 of 31
6,001.00 to 7,000.00 80.00
7,001.00 to 8,000.00 85.00
8,001.00 to 9,000.00 90.00
9,001.00 to 10,000.00 95.00
10,001.00 to 11,000.00 100.00
11,001.00 to 12,000.00 105.00
12,001.00 to 13,000.00 110.00
13,001.00 to 14,000.00 115.00
14,001.00 to 15,000.00 120.00
15,001.00 to 16,000.00 125.00
16,001.00 to 17,000.00 130.00
17,001.00 to 18,000.00 135.00
18,001.00 to 19,000.00 140.00
19,001.00 to 20,000.00 145.00
20,001.00 to 21,000.00 150.00
21,001.00 to 22,000.00 155.00
22,001.00 to 23,000.00 160.00
23,001.00 to 24,000.00 165.00
24,001.00 to 25,000.00 170.00
25,001.00 to 26,000.00 175.00
26,001.00 to 27,000.00 180.00
27,001.00 to 28,000.00 185.00
28,001.00 to 29,000.00 190.00
29,001.00 to 30,000.00 195.00
30,001.00 to 31,000.00 200.00
31,001.00 to 32,000.00 205.00
32,001.00 to 33,000.00 210.00
33,001.00 to 34,000.00 215.00
34,001.00 to 35,000.00 220.00
35,001.00 to 36,000.00 225.00
36,001.00 to 37,000.00 230.00
37,001.00 to 38,000.00 235.00
38,001.00 to 39,000.00 240.00
39,001.00 to 40,000.00 245.00
40,001.00 to 41,000.00 250.00
41,001.00 to 42,000.00 255.00
42,001.00 to 43,000.00 260.00
43,001.00 to 44,000.00 265.00
44,001.00 to 45,000.00 270.00
45,001.00 to 46,000.00 275.00
46,001.00 to 47,000.00 280.00 _
47,001.00 to 48,000.00 285.00
48,001.00 to 49,000.00 290.00
49,001.00 to 50,000.00 295.00
50,001.00 to 51,000.00 300.00
51,001.00 to 52,000.00 305.00
52,001.00 to 53,000.00 310.00
53,001.00 to 54,000.00 315.00
54,001.00 to 55,000.00 320.00
55,001.00 to 56,000.00 325.00
56,001.00 to 57,000.00 330.00
57,001.00 to 58,000.00 335.00
58,001.00 to 59,000.00 340.00
59,001.00 to 60,000.00 345.00
60,001.00 to 61,000.00 350.00 _
61,001.00 to 62,000.00 355.00
62,001.00 to 63,000.00 360.00
63,001.00 to 64,000.00 365.00
64,001.00 to 65,000.00 370.00
65,001.00 to 66,000.00 375.00
66,001.00 to 67,000.00 380.00
67,001.00 to 68,000.00 385.00
68,001.00 to 69,000.00 390.00
69,001.00 to 70,000.00 395.00
70,001.00 to 71,000.00 400.00
71,001.00 to 72,000.00 405.00 -1
72,001.00 to 73,000.00 410.00
73,001.00 to 74,000.00 415.00
74,001.00 to 75,000.00 420.00
Page 4 of 31
75,001.00 to 76,000.00 425.00
76,001.00 to 77,000.00 430.00
77,001.00 to 78,000.00 435.00
78,001.00 to 79,000.00 440.00
79,001.00 to 80,000.00 445.00
80,001.00 to 81,000.00 450.00
81,001.00 to 82,000.00 455.00
82,001.00 to 83,000.00 460.00
83,001.00 to 84,000.00 465.00
84,001.00 to 85,000.00 470.00
85,001.00 to 86,000.00 475.00
86,001.00 to 87,000.00 480.00
87,001.00 to 88,000.00 485.00
88,001.00 to 89,000.00 490.00
89,001.00 to 90,000.00 495.00
90,001.00 to 91,000.00 500.00
91,001.00 to 92,000.00 505.00
92,001.00 to 93,000.00 510.00
93,001.00 to 94,000.00 515.00
94,001.00 to 95,000.00 520.00
95,001.00 to 96,000.00 525.00
96,001.00 to 97,000.00 530.00
97,001.00 to 98,000.00 535.00
98,001.00 to 99,000.00 540.00
99,001.00 to 100,000.00 545.00
100,000 and up 550.00
Plus, per [one] thousand dollars ($1,000.00) of estimated construction cost thereafter, up to one
million dollars ($1,000,000.00) total estimated construction cost. 0.90
Plus, per one thousand dollars ($1,000.00) of estimated construction costs thereafter 0.60
(3) Sixty dollars ($60.00) for each reinspection made by department inspectors of
commercial and industrial projects.
(4) Eighty dollars ($80.00) for each additional final inspection necessitated by the failure
to pass the previous final inspection.
(5) Reserved.
(6) Reserved.
(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;
fascia signs; marquee or canopy signs and for lettering on buildings as follows:
a. Under 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: Forty dollars ($40.00);
c. Twenty-six (26) square feet to fifty (50) square feet of display area and
embellishments: Sixty dollars ($60.00);
d. Fifty-one (51) square feet to one hundred (100) square feet of display area and
embellishments: Eighty-five dollars ($85.00);
e. In excess of one hundred (100) square feet of display area and embellishments:
One hundred twenty dollars ($120.00);
f. Temporary signs: Initial permit, Forty dollars ($40.00); each extension of a
temporary permit, Forty-five dollars ($45.00).
(8) Wrecking and demolition permit fees shall be as follows:
a. Residential:
1. $0.02 per square foot, with a minimum fee of Sixty dollars ($60.00).
b. Commercial:
1. $0.015 per square foot, with a minimum fee of Sixty dollars ($60.00).
(9) Move any one- or two-story building over public streets or alleys: One hundred
twenty-five dollars ($125.00).
(10) Move any building greater than two (2) stories in height over public streets or alleys:
One hundred seventy-five dollars ($175.00).
(11) The fee for installation of a wood-burning stove shall be sixty dollars ($60.00) per flue
(including chimney and chimney connector).
(f) 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.
Page 5 of 31
(g) 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.
(h) Where a person shall unlawfully proceed to do any work or construction without a required
permit, the applicable permit fees shall be tripled as a penalty. The payment of such penalty
shall not release the person in default from any other penalties hereafter provided, nor from
compliance with any relevant provisions of the Building Code.
(i) 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.
(Ord. No. 8243-92, § 1; Ord. No. 8931-98, § 1; Ord. No. 9126-00, § 1; Ord. No. 9528-04, §§ 1,
2; Ord. No. 9779-07, § 1, 8-27-07; Ord. No. 10137-11, § I, 12-12-11; Ord. No. 10394-15, §
I, 10-26-15; Ord. No. 10662-19 , § I, 8-26-19)
Sec. 6-4.1. Filing fees; improvement location permits and document processing/preparation fees.
The fees levied by this section shall be paid prior to the issuance or acceptance by the
Building Commissioner of any applications filed.
(1) Tent and Temporary Structures:
a. First Term$60.00
b. Renewal$65.00
(2) Document Processing/Preparation Fees:
Verification Documents$70.00
(3) Fire Department Commercial Plan Review Fees:
a. Sprinklered Building$348.00
b. Non-sprinklered Building$205.00
c. Addition$253.00
d. Remodel-under$58,001.00 as follows:
$1.00 to 1,000.00$45.00
$1,001.00 to 2,000.00.$50.00
$2,001.00 to 3,000.00$55.00
$3,001.00 to 4,000.00$60.00
$4,001.00 to 5,000.00$65.00
$5,001.00 to 6,000.00$70.00
$6,001.00 to 7,000.00$75.00
$7,001.00 to 8,000.00$80.00
$8,001.00 to 9,000.00$85.00
$9,001.00 to 10,000.00$90.00
$10,001.00 to 11,000.00$95.00
$11,001.00 to 12,000.00$100.00
$12,001.00 to 13,000.00$105.00
$13,001.00 to 14,000.00$110.00
$14,001.00 to 15,000.00$115.00
$15,001.00 to 16,000.00$120.00
$16,001.00 to 17,000.00$125.00
$17,001.00 to 18,000.00$130.00
$18,001.00 to 19,000.00$133.00
$19,001.00 to 20,000.00$136.00
$20,001.00 to 21,000.00$139.00
$21,001.00 to 22,000.00$142.00
$22,001.00 to 23,000.00$145.00
$23,001.00 to 24,000.00$148.00
$24,001.00 to 25,000.00$151.00
$25,001.00 to 26,000.00$154.00
$26,001.00 to 27,000.00$157.00
$27,001.00 to 28,000.00$160.00
$28,001.00 to 29,000.00$163.00
$29,001.00 to 30,000.00$166.00
$30,001.00 to 31,000.00$169.00
$31,001.00 to 32,000.00$172.00
$32,001.00 to 33,000.00$175.00
$33,001.00 to 34,000.00$178.00
$34,001.00 to 35,000.00$181.00
$35,001.00 to 36,000.00$184.00
$36,001.00 to 37,000.00$187.00
$37,001.00 to 38,000.00$190.00
$38,001.00 to 39,000.00$193.00
$39,001.00 to 40,000.00$196.00
$40,001.00 to 41,000.00$199.00
$41,001.00 to 42,000.00$202.00
Page 6 of 31
$42,001.00 to 43,000.00$205.00
$43,001.00 to 44,000.00$208.00
$44,001.00 to 45,000.00$211.00
$45,001.00 to 46,000.00$214.00
$46,001.00 to 47,000.00$217.00
$47,001.00 to 48,000.00$220.00
$48,001.00 to 49,000.00$223.00
$49,001.00 to 50,000.00$226.00
$50,001.00 to 51,000.00$229.00
$51,001.00 to 52,000.00$232.00
$52,001.00 to 53,000.00$235.00
$53,001.00 to 54,000.00$238.00
$54,001.00 to 55,000.00$241.00
$55,001.00 to 56,000.00$244.00
$56,001.00 to 57,000.00$247.00
$57,001.00 to 58,000.00$250.00
e. Remodeling over$58,000$253.00
* All of the above include a $15.00 Processing Fee.
(4) Northeast Neighborhood Development Area Overlay Zoning District a/k/a Northeast
Neighborhood Development Area Design Review Fees:
Required for all standalone residential or commercial new construction, in addition to
and separate from any other permit, processing, or review fee: $160.00
The Department's review or processing of all of the above listed matters is subject to
form and submission requirements which are available for inspection in the office of
the Building Department, and viewable on the City website, www.southbendin.gov.
(5) Engineering Review Fees:
a. Downspout/Drainage Disconnection Check: Field check to determine whether
building or site discharges stormwater through pipe conveyance into City sewer
system.
(1) Previously Confirmed Disconnect: exempt
(2) Single-Use Residential: $20.00*
(3) Other: $50.00*
*Downspout/Drain Disconnection Fee shall be waived until January 1, 2018.
b. Drainage Review (Required of all non-single-use residential) $150.00
c. Utility Verification Fee $50.00
(Ord. No. 9779-07, § III, 8-27-07; Ord. No. 9902-09, § I, 2-9-09; Ord. No. 10137-11, § II, 12-12-
11; Ord. No. 10177-12, § I, 8-13-12; Ord. No. 10394-15, § II, 10-26-15; Ord. No. 10403-15,
§ I, 11-23-15; Ord. No. 10575-18 , § II, 1-22-18)
Sec. 6-4.2. 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. 8243-92, § 1; Ord. No. 9779-07, § II, 8-27-07)
Sec. 6-4.3. Enforcement by Building Department.
(a) The Building Department,with the assistance of the South Bend Fire Department as necessary or
required, is the City agency to administer and enforce the rules, regulations,and code adopted and
promulgated under this chapter.
(b) No building permit will be issued to a person that would cause a violation of IC 22-15-3-7.
(c) This building code does not apply to an industrialized building system or mobile structure that is
certified under IC 22-15-4.
(d) Whenever a person applies for a building permit for a Structure that is not being used or
constructed in conformance with applicable provisions of an applicable zoning ordinance or other
ordinance relating to land use,the Building Commissioner is authorized to withhold the issuance
of requested permit(s) until such time that the property is brought into conformance with
applicable ordinances.
(e) Stop Work Order
(1) The Building Commissioner may issue an order requiring suspension of the pertinent
Construction(stop-work order)in accordance with this section. A stop-work order may also
take the form of a cease and desist order.
i. The stop work order shall:
1. Be in writing.
2. State with specificity the Construction to which it is applicable and the
reason for its issuance.
3. Be posted on the property in a conspicuous place.
Page 7 of 31
4. Identify the specific law, order, or interpretation upon which the finding
of noncompliance is based, specifying the edition,chapter, and section of
any applicable building or fire codes.
5. The stop-work order shall state the conditions under which Construction
may be resumed.
ii. If practicable,the stop work order shall be given to:
1. The person doing the Construction; and
2. To the owner of the property or the owner's agent.
iii. The Building Commissioner may issue a stop-work order if:
1. Construction is proceeding in an unsafe manner, including, but not
limited to, in violation of any standard set forth in this Ordinance
or any state or federal law pertaining to safety during Construction.
2. Construction is occurring in violation of this Ordinance or in such
a manner that if Construction is allowed to proceed, there is a
reasonable probability that it will be substantially difficult to
correct the violation.
3. Construction for which a building permit is required is proceeding
without a building permit being in force.
The issuance of a stop-work order shall in no way limit the operation of penalties
provided elsewhere in this ordinance.(Ord. No. 8243-92, § 1; Ord. No. 9779-07, § II, 8-27-
07) •
Sec. 6-4.4. Building Commissioner—Established.
(a) The 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 or shall have at least ten(10) years' progressively
responsible experience and a thorough knowledge of the codes adopted by reference by this
chapter. The Building Commissioner must obtain a Certified Building Official certification
by the International Code Council within two (2) years of appointment.
(b) In addition to other duties as assigned, and unless prevented from doing so by any federal,
state, or local law, 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 accordance with provisions of the Building
Code and Section 6-6.2, of the South Bend Municipal 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. 8243-92, § 1; Ord. No. 9779-07, § II, 8-27-07; Ord. No. 10225-13, § I, 3-25-13; Ord.
No. 10701-20 , § I, 1-27-20)
Sec. 6-4.5. 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. 8243-92, § 1; Ord. No. 9779-07, § II, 8-27-07)(c) Records of advanced structural
systems shall be submitted to all necessary departments and/or agencies as outlined in IC
22-11-21.
Sec. 6-4.6. Employee restrictions—Established.
(a) Definitions.
As used in this section:
(1) Conflict of Interest means a direct or indirect financial interest in the issuance of a
permit.
(2) Permit means:
Page 8 of 31
a. An improvement location permit.
b. A building permit.
c. A certificate of occupancy.
d. Approval of a site-specific development plan.
e. Approval of a primary or secondary plat.
f. Approval of a contingent use, conditional use, special exception or special use.
g. Approval of a planned unit development.
(b) No Department employee shall undertake or submit a bid by himself or with others that
would 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.
(c) The Building Commissioner, a building code official, or an inspector may not issue or
oversee the issuance of a Permit if he or she has a Conflict of Interest.
(d) If a building code official or an inspector has a Conflict of Interest, he or she must promptly
report the Conflict of Interest to the Building Commissioner, who shall immediately report
the Conflict of Interest to the head of the Law Department. If the Building Commissioner
has a Conflict of Interest, he or she must report the Conflict of Interest to the head of the
Law Department.
(e) Promptly upon receipt of a report of a Conflict of Interest, the head of the Law Department,
or a duly-authorized member of the Law Department, shall appoint a qualified temporary
replacement to issue or oversee the issuance of the Permit. This individual must not also
have a Conflict of Interest.
(Ord. No. 8243-92, § 1; Ord. No. 9779-07, § II, 8-27-07; Ord. No. 10701-20 , § II, 1-27-20)
Sec. 6-4.7. Time limitation on permits.
(a) All permits issued by the Building Department, except where stricter limits are specifically
stated in this chapter or in the Zoning ordinance, shall be valid when work is started within
six (6) months from the date of issuance and completed within one(1) year.
(b) By request, an extension of six(6)months may be granted, with a maximum of two (2) such
extensions.
(1) If work is not completed within two (2) years from the date of issuance, a new permit
shall be required. The fees for building permits shall be based on the cost of completion of
the work. The fees for all other permits shall be based on the apparatus, equipment, and/or
wiring being installed or performed in accordance to the fees listed for that work in this
chapter.
(c) Where work has started to construct a structure, but no work has taken place within two years
and where a certificate of occupancy not been issued, that jobsite may be considered as
abandoned and an order may be issued by the code official to remove the structures or, at the
discretion of the commissioner, be referred to Neighborhood Services and Enforcement to be
processed under the Unsafe Building Act. Failure to remove a structure, if ordered pursuant to
this subsection, shall be subject to citation for violation of the Municipal Code.
(Ord. No. 9902-09, § II, 2-9-09)
Sec. 6-4.8 Inspections and Investigations
All Construction is subject to periodic inspections by the Building Commissioner irrespective of
whether a building permit has been, or is required to be, obtained for the purposes of determining
whether the structure meets building standards and procedures and ascertaining whether the
construction and procedures have been accomplished in a manner consistent with this Building
Ordinance and the rules of the Fire Prevention and Building Safety Commission. Nothing in this
Code shall be considered a conflict of or more stringent than the rules of the Fire Prevention and
Building Safety Commission as set forth in I.C. 22-12-2-5(b).
Sec. 6-4.9 Class 2 Structure Permits, Plan Review, and Inspections
(a) This section shall apply effective January 1, 2026 and only to Class 2 structures and
applies only in those circumstances when the City requires a building permit, plan
review, or inspection for the construction of a Class 2 structure
Page 9 of 31
(b) Where this Section applies, the plan review or inspection required under subsection (a)
shall be allowed to be conducted by either:
(1) An individual employed by the City as a building inspector;
(2) An individual employed by another city, town, or county as a building inspector; or
(3) A private provider who is:
a. An architect registered under I.C. 25-4-1;
b. A professional engineer registered under I.C. 25-31-1; or
c. A certified building official (as defined in I.C. 36-7-2.5-3).
(c) An applicant for a building permit may choose to have a private provider conduct the
plan review or inspection provided for under I.C. 36-7-2.5 et seq.
(d) A private provider engaged to perform a plan review or inspection of a Class 2 structure
shall not be an employee of, affiliated with, or financially interested in the person, firm,
or corporation engaged in the project to be reviewed or inspected and shall not be an
employee of a unit.
ARTICLE 2. BUILDING RULES AND PROCEDURES
Sec. 6-5. Adoption by reference.
(a) Pursuant to IC 22-13-2-3(b), the rules of the Indiana Fire Prevention and Building Safety
Commission as set out in the following Articles of Title 675 of the Indiana Administrative
Code are hereby incorporated by reference in this code and shall include any later
amendments to those rules.
(1) Article 13—Building Codes:
a. Fire and Building Safety Standards.
b. Indiana Building Code.
(2) Article 14—Indiana Residential Code;
(3) Article 16—Indiana Plumbing Code;
(4) Article 17—Indiana Electrical Code;
(5) Article 18—Indiana Mechanical Code;
(6) Article 19—Indiana Energy Conservation Code;
(7) Article 20—Indiana Swimming Pool Code;
(8) Article 22—Indiana Fire Code;
(9) Article 25—Indiana Fuel Gas Code.
(10) Article 28 —NFPA Standards
(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
Subsection 6-7(a)(1).
(Ord. No. 8243-92, § 1; Ord. No. 9528-04, § 3)
Sec. 6-5.2. Local Plan Review by Unit
(a) The Department may conduct or may require a local plan review in compliance with IC 22-15-3.3
on any construction project or site development.
(b) No later than January 1, 2026, the Department shall provide a schedule of requirements
for obtaining a permit, which includes the following:
(1) Listing of any required plan reviews or inspections, including a statement that an
applicant may use either the City or a private provider to conduct any required
plan review or inspection and that the applicant must indicate whether it will use a
private provider;
(2) The timeline provided by I.C. 36-7-2.5 et seq. for notifications and submission of
documents;
(3) Any regulatory fees charged by the City;
(4) All requirements for a complete application, including documents,prior
approvals, and permits which must be obtained prior to applying for the permit;
(5) If the applicant is using a private provider for plan review or inspection, a copy of
the provider's certificate of insurance confirming compliance with the coverage
amounts required by I.C. 36-7-2.5-26.
(c) Fees
Page 10 of 3 I
(1) Applicants electing to use a private provider to perform a plan review or
inspection pursuant to the provisions of I.C. 36-7-2.5 et seq. are subject to a
convenience fee of One Hundred Dollars ($100.00) which shall be paid at the
time the application is submitted.
(2) The City may withhold this convenience fee from fees initially paid for a City-
conducted plan review or inspection if the applicant switches from a City-
conducted plan review or inspection to a private provider.
Sec. 6-6. Administration.
(a) The Building Commissioner or his designated representative shall have the power to
administer and enforce the Building Code and any and all ordinances or codes adopted now
or hereafter by the Common Council of the City of South Bend that regulate construction,
enlargement, repair, alteration, relocation and demolition of buildings and heating,
ventilation, air conditioning, electrical and plumbing construction.
(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, as to those
structures within the jurisdiction of the Building Department, and shall provide reports of
such inspection to the Building Commissioner.
(c) The Building Commissioner and the Fire Department shall work cooperatively to conduct
inspections and investigations to promote compliance with fire safety laws, as to those
structures within the jurisdiction of the Building Department. The Fire Department has
independent authority to conduct inspections and take enforcement actions under IC 36-8-
17.
(Ord. No. 8243-92, § 1)
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 owner, tenant, or occupant of any building or structure or part thereof and any
architect, builder, contractor, agent, or other person who commits, participates in, assists,
directs, creates, or maintains any violation of the terms and provisions of this Ordinance
may be issued a red tag or violation notice by the Department.
(c) The Department may issue a red tag notice to a person (i.e., any owner, tenant, or occupant
of any building or land or part thereof and any architect, builder, contractor, agent, or other
person) who commits a violation of the Building Code. This notice will be issued by posting
such notice in a conspicuous place on the premises where the violation occurs and sending
notice to the owner and registered contractor, if applicable, and shall serve as notice that a
Building Code violation has been committed.
(d) No violation shall be issued unless red tag notice as provided by this Section has been
provided at least three(3) days before the violation is issued, in order to allow the person
receiving notice an opportunity to correct the violation and come into compliance with the
terms and provisions of the Building Code. If upon re-inspection, the Building Code
violation remains unabated, a second violation may be served at least ten (10) days
following service of the initial citation. The violation may be served by personal service;
certified mail, return receipt requested; registered mail; or, by posting such notice in a
conspicuous place on the lot where the violation occurs, and shall serve as notice that a
Building Code violation has been committed.
(e) No citation shall be issued unless notice as required by Section 6-6.1(d) has been provided
at least ten (10) days before the citation is issued, in order to allow the person receiving
notice an opportunity to come into compliance with the terms and provisions of the
Building Code. If upon reinspection, the Building Code violation remains unabated, a
citation accompanied by the fines as specified below may be issued.
(f) Monetary fines for violations of this Chapter shall be assessed as follows:
Page I 1 of 31
(1) The monetary fine for the first citation shall be not less than Fifty Dollars
($50.00). The following monetary fines shall apply for each subsequent citation:
(2) Second Citation—Minimum $100.00
(3) Third Citation—Minimum $200.00
(4) Each additional —Not to exceed a $300.00 increase in the previously assessed monetary
fine, to a maximum monetary fine for each citation not to exceed Two Thousand Five
Hundred Dollars ($2,500.00).
(5) Each day that a violation remains uncorrected shall constitute a violation which
may result in the issuance of a subsequent citation.
(g) All fines prescribed by this section shall be deposited with the applicable fund for fines of
the Building Department. The person making the payment shall receive a receipt stating the
amount and purpose for which the fine has been paid, a duplicate of which shall be made a
part of the records of the City of South Bend.
(h) If a person who receives a citation fails to pay the assessed fine within sixty(60) days after
the issuance of a citation, the South Bend Corporation Council, Building Commissioner, or
appropriate enforcement official may file a lawsuit as provided by applicable law to enforce
the terms and provisions of this Ordinance.
(i) Seeking a penalty as authorized in this section does not preclude the City from seeking
alternative and additional relief from the Court in the same action, or from seeking
injunctive relief or any other remedy in a separate action for the enforcement of this
Ordinance available under applicable Indiana law.
(j) 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 five hundred dollars ($500.00). Each day that a violation is permitted
to exist shall constitute a separate offense. In the event that a violation of this Ordinance is
determined to exist by a court of competent jurisdiction, the owner, tenant, or occupant of
any building or land or part thereof and any architect, builder, contractor, agent, or other
person who commits, participates in, assists, directs, creates, or maintains any situation that
is in violation of the terms and provisions of this Ordinance shall be liable to the City of
South Bend for the City's reasonable attorney fees in accordance with Indiana law.
(Ord. No. 8243-92, § 1)
Sec. 6-6.2. Certificate of occupancy.
(a) General. A Certificate of Occupancy shall be required for all new residential dwelling, new
non-residential structures, and non-residential structures with renovations over the cost of
fifty thousand dollars ($50,000.00), with the exception of a renovation involving life safety
issues.
(b) Use and Occupancy. No building or structure as listed in Subsection 6.6.2(a) shall be used
or occupied until the building official has issued a Certificate of Occupancy as provided
herein. Issuance of a Certificate of Occupancy shall not be construed as an approval or
waiver of a violation of the provisions of the Building Codes or of any other ordinances
enforced by the Building Department. It shall be unlawful to use or occupy a building or
structure as listed in Subsection 6.6.2(a) without the issuance of a Certificate of Occupancy.
(c) Certificate Issued. After the building official inspects the building or structure and finds no
violations of the provision of the Codes listed above, the building official shall issue a
Certificate of Occupancy that contains the following:
(1) The building permit number.
(2) The address of the structure.
(3) The name and address of the owner.
(4) The township in which the structure is located.
(5) The name and address of the general contractor.
(6) The State project number, if applicable.
(7) The zoning of the property.
(8) The occupancy group/use of the structure.
( 9) A statement that the described structure or portion of the structure has been inspected
for compliance with the requirements of the codes for the occupancy and use for which
the proposed occupancy is classified.
(10) Any special stipulations and conditions of the building permit.
(11) The name of the building official.
Page 12 of 31
(d) Temporary Occupancy. The building official is authorized to issue a Temporary Certificate
of Occupancy before the completion of the entire work covered by the permit, provided that
such portion or portions shall be occupied safely. The building official shall set a time
period during which the Temporary Certificate of Occupancy is valid.
(e) Revocation. The building official is authorized to, in writing, suspend or revoke a
Certificate of Occupancy issued under the provision of this section wherever the Certificate
is issued in error, or on the basis of incorrect information supplied, or where it is determined
that the building or structure or portion thereof is in violation of any regulation of the
provisions of the codes and/or ordinances.
(Ord. No. 10225-13, § III, 3-25-13)
Sec. 6 6.3. 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 the provisions 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 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 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 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(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. No. 8243-92, § 1; Ord. No. 10225-13, § II, 3-25-13)
Page 13 of 31
Sec. 6-6.4. Demolition permit and registration.
(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) All persons performing demolition work within the City shall be registered with the
Department. Registration shall be on forms provided by the Department and shall be
accompanied by payment of a registration fee of one hundred twenty-five dollars ($125.00).
Said registration shall be for a term of one(1) year, commencing on the effective date of the
surety bond required by this section. However, an owner of the property performing their
own demolition work shall be exempt from the bonding and registration requirement, to the
extent that buildings or structures being demolished are six hundred (600) square feet or
under. For buildings or structures being demolished which are over six hundred (600)
square feet, the owner shall be subject to the bonding requirement set forth in Subsection 6-
6.4(d).
(d) 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, or their designee, 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. However, the owner of the property performing
their own demolition work on a building or structure under six hundred (600) square feet
shall be exempt from the bond requirement.
(e) Prior to commencing demolition or renovation activities, the owner or operator of a facility
must meet all inspection and notice requirements pursuant to 326 IAC 14-10 et seq., as
amended from time to time.
(f) 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 permit holder
shall be required to comply with all Department of Public Works and/or Board of Public
Works requirements for accessing the right-of-way. 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.
(g) 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.
(h) 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.
(i) 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.
(j) After removing all materials and debris from any basement of a building to be demolished,
the permit holder shall leave site in a"buildable state," which shall be considered clean
compactable fill level with the surrounding area, as determined by the Department.
Rubbleized brick does not constitute a"buildable state,"unless it otherwise meets the
requirements of this definition.
(k) No fire shall be permitted on the demolition site for the disposition of material resulting
from the demolition.
(1) All construction and demolition("CID") waste must be handled and disposed of properly in
a state permitted municipal solid waste("MSW") landfill, non-MSW landfill, or C/D site
that is authorized to accept such waste (defined by 329 IAC 10-2-37). C/D waste may
include scrap lumber, bricks, concrete, stone, glass, wallboard (drywall), roofing, plumbing
fixtures, wiring, and nonasbestos insulation..
(m) The permit holder shall fill to grade level and grade the lot with three (3) inches of topsoil.
Seeding must be done at the time the lot is graded; provided, however, that seeding shall not
Page I4 of 3l
be required if a new building is scheduled to be constructed on the demolition site within six
(6) months after completion of the demolition.
(Ord. No. 8243-92, § 1; Ord. No. 8931-98, § 2; Ord. No. 9528-04, § 4; Ord. No. 9902-09, § III,
2-9-09; Ord. No. 10225-13, § II, 3-25-13)
Sec. 6-6.5. 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 (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 sixty
dollars ($60.00) shall be charged for each future inspection of that stage of work.
(Ord.No. 8243-92, § 1; Ord. No. 9779-07, § IV, 8-27-07; Ord. No. 10137-11, § III, 12-12-11;
Ord. No. 10225-13, § II, 3-25-13; Ord. No. 10394-15, § III, 10-26-15)
Sec. 6-6.6. Sign contractor registration.
(a) No person, firm, or corporation shall erect or cause to be erected a sign in the City without
obtaining, in advance, a sign 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) All persons, firm or corporation erecting signs in the City for remuneration shall be
registered with the Department. Registration shall be on forms provided by the Department
and be accompanied by a ten thousand dollar($10,000.00) bond made payable to the City of
South Bend, 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 sign 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 erection of such sign,
proof of liability insurance in the amounts of two hundred thousand dollars ($200,000.00)
per person, six hundred thousand dollars ($600,000.00)per occurrence, and one hundred
thousand dollars ($100,000.00)per property damage to save and keep the City harmless
from any claims, damages, liabilities, losses, actions, suits or judgments which may be
brought, presented, sustained or obtained against the City or its officials because of
negligence of the sign hanger, contractor or his agents, or by reason of defects in the
construction, or damages resulting from the collapse or failure of any sign, and payment of a
registration fee of one hundred twenty-five dollars ($125.00). Said registration shall be for a
term of one(1) year commencing on the effective date of the surety bond.
(Ord. No. 9126-00, § 2; Ord. No. 9528-04, § 5; Ord. No. 9902-09, § IV, 2-9-09; Ord. No. 10225-
13, § II, 3-25-13; Ord. No. 10394-15, § IV, 10-26-15)
Sec. 6-6.7. Soils and water table review required as part of the permit process for new
dwelling(s) and building(s).
(a) Before a permit is issued to build or construct any new dwelling or building within the City,
the person submitting the application shall review the Indiana Department of Environmental
Management (IDEM) list of sites with significant water withdrawals, or an equivalent of the
IDEM list, to determine the building or dwelling's proximity to such significant water
withdrawal site, defined as ground water withdrawal of one hundred thousand (100,000) or
more gallons per day. For purposes of this Section, dwelling or building refers to habitable
structures, including single-family dwellings, two-family dwellings, multifamily dwellings,
hotels, motels, boarding houses, lodging houses, bed and breakfasts, and all commercial
buildings. The Building Commissioner for purposes of this Section shall include his/her
authorized designee.
(b) Upon the Building Commissioner's review of the applicant's materials required to be
submitted, and if the construction site for the building or dwelling is located within one
Page 15 of 31
quarter(' ) mile radius around a well head where there exists confirmed operations with
significant groundwater withdrawals defined as one hundred thousand (100,000) or more
gallons per day, with a map depicting the wells registered to pump over one hundred
thousand (100,000) gallons per day in the vicinity of South Bend being maintained in the
Building Department. The Building Commissioner shall make as condition(s) of any permit,
which may be granted, any or all of the following:
(1) Soil boring data at completion of boring, and at twenty-four(24) hours after
completion of boring which is recorded on boring log in low permeability soils such as
silts and clays. Artesian pressure and seepage zones, if encountered, must also be noted
on the boring log;
(2) Relocation of the proposed building;
(3) Elevation requirements;
(4) Denial of a basement in the building;
(5) A Soils and Water Table Review conducted by a soil engineer, hydrologist or other
person qualified in the study of soils and soil conditions and registered by the State of
Indiana as same which indicate and confirm that:
(i) The soil compressive capacity will support all imposed loads of the proposed
building.
(ii) The lowest point of any habitable space or footing has a minimum of two (2) feet
of separation above the seasonal high-water level of any subterranean aquifer.
(c) The Building Commissioner shall also review as part of the building permit process, in
addition to the requirements set forth in this Chapter, the new building or dwelling's
location on drawings provided by the person applying for a required permit which depict the
proposed construction using the following maps, which may be overlays to the drawings
submitted'
(1) St. Joseph County Soils Map.
(2) Maps depicting wetlands.
(3) Maps depicting floodplains and compliance with Sections 6-38 and 6-39 of the South
Bend Municipal Code.
(4) Maps depicting drainage basins/watersheds.
(d) An "as built" elevation certificate must be submitted to the Building Commissioner. The
certificate must indicate the difference between the lowest level of the foundation and the
seasonal high-water level of any subterranean aquifer.
(e) Visual inspection of the damp-proofing and drainage tile must be approved before the
basement is back-filled and construction continues on the project.
(Ord. No. 10235-13, § I, 6-24-13)
Sec. 6-6.8. New well requirements and affected areas.
(a) Before a new well permit is issued in the City, a Soils and Water Table Review shall be
made to the Director of Public Works per Section 6-6.7 that also includes an Area of
Influence defined as one-quarter('/)mile radius around the well head.
(b) All property owners within the Area of Influence of any proposed new well shall be notified
within thirty (30) days of any submission to a City entity of an intention to drill.
(c) No new well permit shall be issued within a distance of three thousand feet (3,000') of any
existing production well belonging to the City of South Bend in connection with the city's
water supply.
(Ord. No. 10235-13, § II, 6-24-13)
Sec. 6-6.9. Required process when decommissioning a water well.
(a) The St. Joseph County Health Officer and the Director of Public Works shall be notified at
least thirty(30) days prior to the decommissioning of any water well.
(b) Whenever a water well has been improperly decommissioned or discontinued for use and
does not have formal inactive status, the St. Joseph County Health Officer and the Director
of Public Works shall notify the owner of any costs incurred for such noncompliance, which
such sums being payable in full within thirty(30) days of such notice and itemized billing.
(Ord. No. 10235-13, § III, 6-24-13)
Sec. 6-6.10. Suspension or revocation of registrations; refusal to issue registrations.
Page 16 of 31
(a) The suspension or revocation of any registration, or the refusal to issue any
registration under this Code shall be for just cause after notice and opportunity for
hearing, pursuant to the provisions of Section 4-16 of this Code.
(b) A registration issued under this Chapter may be suspended or revoked by the
Building Commissioner if it is determined that the holder of a registration has been
convicted of any of the following offenses, violations, or crimes, within the five-
year disqualification period as defined by Subsection(d) below:
i. Altering historic property: IC 35-43-1-3.5
ii. Arson: IC 35-43-1-1
iii. Battery: IC 35-42-2-1
iv. Bribery: IC 35-44.1-1-2
v. Burglary: IC 35-43-2-1
vi. Counterfeiting: IC 35-43-5-2
vii. Unlawful handling of hazardous waste: IC 13-30-10-1.5
viii. Counterfeiting: IC 35-43-5-2
ix. Forgery: IC 3 5-43-5-2
x. Fraud: IC 35-43-5-4 (
xi. Identity deception: IC 35-43-5-3.5
xii. Impersonation: IC 3 5-44.1-2-6
xiii. Official misconduct: IC 35-44.1-1-1
xiv. Corrupt business influence: IC 35-45-6-2
xv. Tampering with water supply: IC 35-43-1-2.5
xvi. Terrorism: IC 35-47-12-1
xvii. Theft: IC 35-43-4-2
(c) Said conviction notwithstanding, before the Building Commissioner may issue a
suspension or revocation under this Section, the following shall be considered:
(1) The nature and seriousness of the crime for which the individual was
convicted;
(2) The passage of time since the commission of the crime;
(3) The relationship of the crime to the ability, capacity, and fitness required to
perform the duties and discharge the responsibilities of the occupation; and
(4) Evidence of rehabilitation or treatment undertaken by the individual that
might mitigate against a direct relation to the ability, capacity, and fitness
required to perform the duties and discharge the responsibilities of the
occupation.
(d) If an individual has a disqualifying conviction, the period of disqualification may
not exceed five (5) years after the date of the conviction or release from incarceration,
whichever is later, unless the individual:
(1) was convicted of a crime of violence (as defined by IC 35-50-1-2(a));
(2) was convicted of an offense relating to a criminal sexual act (as defined by IC
35-31.5-2-216); or
(3) is convicted of a second or subsequent crime during the disqualification
period.
ARTICLE 3. DEVELOPMENT DESIGN REVIEW
Page 17 of 31
- SUPPLEMENT HISTORY TABLE
CHAPTER 6 - BUILDING
ARTICLE 4. PLUMBING CODE
Sec. 6-7. Development design areas.
(a) The City may designate areas as development design areas, and all real property and
appurtenances therein shall be subject to the provisions of this article:
(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. 8243-92, § 1; Ord. No. 9237-01, § I)
ARTICLE 4. PLUMBING CODE
Sec. 6-9. Plumbing Inspector.
The Building Commissioner shall appoint a Plumbing Inspector, who may either hold a
valid Indiana plumbing license at the time of hire or have at least ten (10) years-experience
in plumbing services as defined in section 6-10(c)(1)(a), below. In addition, the Inspector
shall have a thorough knowledge of the Indiana Plumbing Code and of approved materials
and methods of plumbing necessary for safety to persons and property.
(Ord. No. 8243-92, § 1)
Sec. 6-10. Fees, registration and permits for plumbing services.
(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.
(c) Schedule of permit fees. Permits issued for plumbing work within the City shall be subject
to the following fee schedule, with a minimum permit fee being sixty dollars ($60.00).
(1) Each plumbing fixture or trap or set of fixtures on one(1) trap, including water and
drainage piping therefore 6.00
(2) Each backflow protection 6.00
(3) Each building sewer:
a. Under 100' 12.00
b. 100' or over 25.00
(4) Each building water:
a. Under 100' 12.00
b. 100' or over 25.00
(5) Each water softener 7.00
(6) Each trailer park sewer 10.00
(7) Each drain within building for rainwater systems 6.00
(8) Each water heater and/or vent 7.00
(9) Each gas reconnection 60.00
(10) Each gas piping system, per outlet 3.00
(11) Each industrial waste pretreatment interception, including its trap and vent, excepting
kitchen-type grease interceptors functioning as fixture traps 8.00
(12) Installation, alteration, or repair of water piping and/or water treating equipment 6.00
(13) Repair or alteration of drainage or vent piping 6.00
(14) Each drywell 12.00
(15) Each lawn sprinkler system on any one(1)meter, including backflow protection
devices thereof 6.00
(16) Fire protection sprinkler system:
a. Up to 30 heads 60.00
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b. Plus each additional 10 heads thereafter 8.00
(17) Fuel tanks and pumps 12.00
(18) Back-up generator—Gas line:
a. 10 Kv or less 60.00
b. Over 10 Kv 70.00
(19) Each reinspection 60.00
(20) Each additional final inspection 75.00
(d) Registration and permits for plumbing services.
(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, drywalls, 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 license plumbing contractor.
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.
e. Plumbing contractor: A person who holds an Indiana Plumbing Contractor's
License and who, for compensation, undertakes to or submits a bid to or does
themselves or 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 Department; provided, however, that the
owner-occupant of a dwelling shall not be required to register when he or she is
installing, altering or repairing the plumbing of that dwelling.
b. Registration shall be on forms provided by the Department and shall be
accompanied by payment of a registration fee, as follows:
Plumbing contractors $125.00
Excavators (as defined in section 6-10(d)(1)b.125.00
Sewer cleaners 125.00
c. Registrations shall be for a term of one(1) year beginning from the date of
issuance.
d. Lawn sprinkler contractors, water softener contractors, sewer work, and fire
protection sprinkler contractors shall comply with Article 11, Building Contractor
Licensing Requirements.
e. Aboveground and underground storage tank removal and installation shall submit
their necessary IDEM documentation to this department and obtain the necessary
permit/s.
(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 c. of this section.
c. Other limitations on permit issuance:
1. An excavator may only be issued a permit for sewer and water line work to
the extent necessary to make connection to internal piping of the structure.
Any permit issued under this subsection must be consistent with the Water
Works Rules and Regulations, Engineering and Construction Standards, and
all provisions of this Code, as amended.
2. A fire protection sprinkler contractor may only be issued a permit to install
or repair fire protection sprinkler systems.
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3. A lawn sprinkler system contractor may only be issued a permit to install or
repair lawn sprinkler systems, including backflow protection devices.
4. 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.
5. A water softener dealer may only be issued a permit to install water softening
equipment or apparatus.
(4) Any contractor performing work pursuant to this Article which is not already
covered by a current plumbing license or demolition bond must provide a surety
bond, payable to the City in the penal sum of ten thousand dollars ($10,000.00),
and conditioned upon faithful compliance with the provisions of the Building
Code and agreeing to pay all damages, costs and expenses caused by the
negligence of the registration through failure to comply with such provisions.
(e) All plumbing installations requiring a permit shall be inspected by the plumbing inspector
three(3) 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 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 sixty dollars ($60.00) shall be charged for each future inspection of that stage of
work.
(Ord. No. 8243-92, § 1; Ord. No. 8566-94, § 1; Ord. No. 8931-98, § 3, 8-24-98; Ord. No. 9528-
04, § 6; Ord. No. 9779-07, §§ V, VI, 8-27-07; Ord. No. 10137-11, § IV, 12-12-11; Ord. No.
10394-15, § V, 10-26-15; Ord. No. 10414-16 , § I, 1-11-2016)
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 in a manner consistent
with the rules defined in Chapter 18, Article 7 of the South Bend Municipal Code.
(b) 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.
(c) The occupancy of a street for the purposes permitted in the permit shall never extend in
front of any one(1) building to exceed one-third of the width of the roadway, 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(1) foot
between such obstruction and the curb line, which may be arched over at a height sufficient
to permit drainage of water in the gutter.
(d) A suitably surfaced walk, five (5) feet wide, for the use of pedestrians shall be maintained
between the building line and the curb line, except as provided in section 6-12.
(e) 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. 8243-92, § 1; Ord. No. 10403-15, § II, 11-23-15)
•
Sec. 6-12. Sidewalk or temporary walkway requirements.
(a) Whenever any building within five(5) feet of or abutting on the sidewalk line is
constructed, altered or repaired to a height of more than one(1) story on the exterior, a
substantial temporary protecting cover over the sidewalk or temporary walkway shall be
erected and maintained during such construction or repair work. The protecting cover shall
not be required on streets where the average daily pedestrian traffic on the building side of
the street does not 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 five(5) 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
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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 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 five(5) 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. 8243-92, § 1)
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.
(b) If at any time building operations shall be discontinued for a period of more than thirty(30)
days, all such temporary buildings and obstructions shall be removed, leaving a clear
unobstructed roadway.
(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. 8243-92, § 1)
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. 8243-92, § 1)
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. 8243-92, § 1)
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. 8243-92, § 1)
Sec. 6-17. Suspension or revocation of registrations or permits; refusal to issue registrations or
permits.
The suspension or revocation of any registration or permit, or the refusal to issue any
registration 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. 8243-92, § 1)
Page 21 of 3 1
Sec. 6-18. Penalty.
Any person or agent or employee who violates any provision of this article shall be
subject to penalties as set forth under this Chapter. The continued violation of any provision
shall constitute a separate offense for each and every day such violation may continue.
(Ord. No. 8243-92, § 1)
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) Service change or upgrade shall require the structure to be brought into compliance with the
electrical code in effect at the time of the service change or upgrade.
(Ord. No. 8243-92, § 1; Ord. No. 8566-94, § 2; Ord. No. 9126-00, § 3)
Sec. 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 registration and certificate issued
pursuant to this chapter.
(Ord. No. 8243-92, § 1)
Sec. 6-21. Electrical Inspector.
(a) Appointment; qualifications. The Building Commissioner shall appoint an Electrical
Inspector, who shall have at least 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 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 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 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.
(Ord. No. 8243-92, § 1)
Sec. 6-22. Electrical Registration Approvals.
(a) The Electrical Inspector and/or the Building Official (hereinafter the"Examiner") shall
examine applicants for registrations under this article, issue certificates therefor to qualified
applicants who have paid the prescribed fees and who have passed the examination
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hereinafter required, and revoke or suspend any registration after just cause shown, as set
forth in Section 6-6.10..
(b) The Examiner shall examine applicants for registrations as they are received.
(c) The Department shall keep a record of all registrations and certificates and may adopt rules
and regulations for conduct of examinations and review of registrations.
(d) No new registration under this article shall be issued without approval by the Examiner.
(Ord. No. 8243-92, § 1; Ord. No. 8566-94, § 2; Ord. No. 9126-00, § 4)
Sec. 6-23. Electrical registration Contractor Registration.
(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 registration from the Building Department.
(1) Class A electrical contractor's registration. A Class A electrical contractor's
registration may be issued to a person who is principally engaged in the business of
electrical contracting. This registration entitles the holder and his employees to
perform electrical contracting work.
(2) Class B industrial electrical registration. A Class B industrial electrical registration
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 registration application and certificate. No person shall hold
more than one (1) Class B registration at one (1) time.
(b) Exemption. No registration 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 Code.
(2) The performance of electrical work in a 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 for a registration at least thirty (30) days
before the next scheduled examination date. The application shall include:
(1) The class of registration applied for.
(2) The name and place of business of the applicant.
(3) Letter(s) from former employer(s); a union; or self-employment documentation 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 fifty-dollar($50.00) application review fee.
(5) Evidence of the applicant's age being at least twenty-one(21) years.
(6) An official statement from a law enforcement agency 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.
(d) Examination. Proof of a passing exam score from an internationally or nationally
recognized electrical examiner, to be determined by the Department and to be reviewed and
published annually, shall be submitted with any registration.
(e) Surety bond. Each applicant for a Class A registration must also provide a surety bond,
payable to the City in the penal sum of ten thousand dollars ($10,000.00), 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 registration through failure to comply with such
provisions.
(f) Issuance of certificate:
(1) The Examiner shall examine the application, the accompanying documentation and
other information provided, examination results, and shall recommend to the Building
Department the granting or denying of the registration applied for. Appeal from the
denial, suspension or revocation of any registration by the Examiner shall be made
according to the procedures in Section 4-16 of the Municipal Code.
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(2) The Examiner shall issue a registration to any approved applicant who has complied
with all requirements of the application, including but not limited to the filing of a
bond and payment of the prescribed registration fee.
(3) Each registration shall specify the name of the person to whom the registration is
issued, the company name under which the registration does business, the business
address, and the expiration date of the registration. The registration shall be posted in a
conspicuous place in the registered person's principal place of business.
(g) Nontransferability. Any registration issued under this article is nontransferable to another
person, and it shall be unlawful to loan or transfer such registration to the use of any person
other than the person in whose name the registration is issued provided; however, that work
may be performed under a Class B registration at a different industrial premises from that
described in the application and certificate, upon written petition for such change by the
registered person, describing the reason therefor, and approval by the Building
Commissioner.
(h) Term of registration; renewal:
(1) Term: The term of each registration under this article is from the effective date of the
surety bond and for twelve (12) months thereafter.
(2) Renewal:
a. A person is eligible for a renewal registration if he/she holds a valid and
unrevoked registration under this article and renews the registration on or before
its expiration date.
b. A person is also eligible for a renewal registration if he/she has held a valid and
unrevoked registration, which has expired within the previous six (6) months.
Under these circumstances, a renewal registration will be granted, but the fee will
be increased to the fee required for a new registration.
c. A renewal registration will not be granted to any person whose previous
registration has expired for more than six (6)months. Under such circumstances,
application must be made and all requirements met for a new registration as set
out above.
(i) Registration Fees:
(1) Class A:
New $125.00
Renewal $125.00
(2) Class B:
New and renewal $125.00
(j) Inactive Registrations:
(1) Any electrician previously holding a Class A registration and is presently employed by
a government agency as an Inspector within a Building Department may maintain an
inactive registration.
(2) Term: The term of an inactive registration under this article is from the date of issuance
of the registration and for twelve (12)months thereafter.
(3) Registration Fees:
a. Twenty-five dollars ($25.00)
(k) Termination of registration holder:
(1) In the event that the registration holder leaves the employment of a business firm,
company, or corporation, that business firm, company, or corporation shall have thirty
(30) days to secure another registration holder. A new registration shall be issued in
accordance with the provisions set forth in Section 6-23.
(2) In the event of a death of the registration holder, the business firm, company, or
corporation shall have six (6)months to secure another registration holder. A new
registration shall be issued in accordance with the provisions set forth in Section 6-23.
(Ord. No. 8243-92, § 1; Ord. No. 8566-94, § 2; Ord. No. 8931-98, § 4; Ord. No. 9126-00, §§ 5,
6; Ord. No. 9528-04, § 7; Ord. No. 9902-09, § V, 2-9-09; Ord. No. 10394-15, § VI, 10-26-
15)
Sec. 6-24. Permits.
(a) Required in advance. No person shall perform or cause to be performed the installation or
alteration of any electrical wiring or equipment, including fire alarm systemson or within
any building, structure or premises within the City without obtaining, in advance, a permit
from the Department.
Page 24 of 31
(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 or alteration of electrical wiring or
equipment shall be accompanied by fees in accordance with the schedule below; with a
minimum permit fee of sixty dollars ($60.00):
(1) Temporary service for construction:
All amperage $ 7.00
(2) Switchboards and panel boards each, new and replaced:
60-amp7.00
100-amp9.00
200-amp 12.00
400-amp 15.00
600-amp20.00
Over 600-amp to 2,000-amp25.00
Over 2,000-amp50.00
(3) Circuits (new or replaced):
a. Each circuit 5.00
(4) Horsepower(machinery):
a. First hp 7.00
b. Each additional hp 0.25
(5) Backup generator:
a. 10 Kv or less $60.00
b. Over 10 Kv 70.00
(6) Pool wiring and/or bonding$60.00
(7) Repair, extension, and/or maintenance of wiring $60.00
(8) Reset, relocation, reconnect fees, each $60.00
(9) Fire alarm systems (commercial) $60.00
(10) Each reinspection fee $60.00
(11) Each additional final inspection $60.00
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 is known.
(12) Solar array$60.00 + percentage of the construction cost of whole project, as
established by the Department's fee schedule(13) Electrical vehicle device $60.00 per device
(Ord. No. 8243-92, § 1; Ord. No. 8931-98, § 5; Ord. No. 9528-04, § 9; Ord. No. 9779-07, § VII,
8-27-07; Ord. No. 9902-09, § VI, 2-9-09; Ord. No. 10137-11, § V, 12-12-11; Ord. No.
10394-15, § VII, 10-26-15)
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
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 sixty dollars ($60.00) 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 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 Code and of the Building Code, the
Electrical Inspector shall issue to the permit holder an inspection report and release, 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 release to the electric utility.
Page 25 of 31
(d) When the Electrical Inspector issues an inspection report and release authorizing the
connection and use of a temporary installation, the release shall be issued to expire at a time
to be stated therein. The Electrical Inspector may revoke temporary installation releases, in
compliance with Section 6-21.
(Ord. No. 8243-92, § 1; Ord. No. 8566-94, § 2; Ord. No. 10137-11, § VI, 12-12-11; Ord. No.
10394-15, § VIII, 10-26-15)
Sec. 6-26. Reserved.
Editor's note(s)—Ord. No. 9969-09, § I, adopted Oct. 26, 2009, repealed §§ 6-26-26-26.4,
which pertained to "Low-voltage contractor registration" and derived from: Ord. No. 9902-
09, § VII, adopted Feb. 9, 2009.
Secs. 6-27-6-35. Reserved.
ARTICLE 7. MECHANICAL CODE
Sec. 6-36. Mechanical Inspector.
The Building Commissioner shall appoint a Mechanical Inspector, who shall have at
least five(5) 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 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. 8243-92, § 1)
Sec. 6-36.1. Heating, Air Conditioning and Ventilating Contractor Approvals.
(a) The Mechanical Inspector and/or the Building Official (hereinafter the Examiner") shall
examine applicants for registrations 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 registration after just cause shown, as set
forth in Section 6-6.10..
(b) The Examiner shall examine applicants for registrations as they are received
(c) The Department shall keep a record of all registrations and certificates and may adopt rules
and regulations for the conduct of examinations and review of registrations.
(d) No new registration under this article shall be issued without approval of the Examiner.
(Ord. No. 8243-92, § 1; Ord. No. 8566-94, § 3; Ord. No. 9126-00, § 7)
Sec. 6-36.2. Heating, air conditioning and ventilating registrations.
(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 registration from the Building Department.
(1) Heating, air conditioning and ventilating contrac'or's registration. A heating, air
conditioning and ventilating contrac'or's registration may be issued to a person who is
principally engaged in the business of heating, air conditioning or ventilating
contracting. This registration entitles the holder and his/her employees to perform
heating, air conditioning and ventilating contracting work and to sell approved heating,
air conditioning and ventilating apparatus and devices.
(b) Application. Each applicant shall apply in writing for a registration at least thirty (30) days
before the next scheduled examination date. The application shall include:
(1) The name of applicant.
(2) The name and address of applicant's place of business.
(3) Each applicant for a registration must also furnish letter(s) from former employer(s), a
union, or self-employment documentation 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) An official statement from a law enforcement agency 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.
Page 26 of 31
(6) Payment of a fifty-dollar($50.00) examination fee.
(c) Examination. Proof of a passing exam score from an internationally or nationally
recognized mechanical examiner, to be determined by the Department and to be reviewed
and published annually, shall be submitted with any registration.
(d) Surety bond. Each applicant for a registration must also provide a surety bond, payable to
the City in the penal sum of ten thousand dollars ($10,000.00), 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 applicant through failure to
comply with such provisions.
(e) Issuance of certificate.
(1) The Examiner shall examine the application, the accompanying documentation and
other information provided, and the examination results, and shall recommend to the
Building Commissioner the granting or denying of the registration. Appeal from the
denial, suspension or revocation of any registration by the Examiner shall be made
according to the procedures in Section 4-16 of the Municipal Code.
(2) The Building Department shall issue a registration to any applicant approved by the
Examiner, who has complied with all requirements of the application, including but not
limited to the filing of a bond and payment of the prescribed registration fee.
(3) Each registration shall specify the name of the person to whom the registration is
issued, the company name under which the registration does business, the business
address, and the expiration date of the registration. The registration shall be posted in a
conspicuous place in the applicant's principal place of business.
(f) Nontransferability. Any registration issued under this article is nontransferable to another
person, and it shall be unlawful to loan or transfer such registration to the use of any person
other than the person in whose name the registration is issued.
(g) Term of registration; renewal:
(1) Term. The term of each registration under this article commences on the effective date
of the surety bond and is for twelve (12) months thereafter.
(2) Renewal.
a. A person is eligible for a renewal registration if he/she holds a valid and
unrevoked registration under this article and renews the registration on or before
its expiration date.
b. A person is also eligible for a renewal registration if he/she has held a valid and
unrevoked registration, which has expired within the previous six (6) months.
Under these circumstances, a renewal registration will be granted, but the fee will
be increased to the fee required for a new registration.
c. A renewal registration will not be granted to any person whose previous
registration has expired for more than six (6) months. Under such circumstances,
application must be made and all requirements met for a new registration as set
out above.
(h) Exemption.
(1) No registration 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.
(2) The performance of heating, air conditioning, and ventilating systems in a 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 heating, air conditioning, and ventilating work on that
dwelling.
(i) Registration Fees:
New $125.00
Renewal $125.00
(j) Inactive registrations:
(1) Any heating and air conditioning contractor previously holding a Class A registration
and is presently employed by a government agency as an Inspector within a Building
Department may maintain an inactive registration.
(2) Term: The term of an inactive registration under this article is from the date of issuance
of the registration and for twelve (12)months thereafter.
(3) Registration Fees: twenty-five dollars ($25.00).
(k) Termination of registration holder:
Page 27 of 31
(1) In the event that the registration holder leaves the employment of a business firm,
company, or corporation, that business firm, company, or corporation shall have thirty
(30) days to secure another registration holder. A new registration shall be issued in
accordance with the provisions set forth in Section 6-36.2.
(2) In the event of a death of the registration holder, the business firm, company, or
corporation shall have six (6)months to secure another registration holder. A new
registration shall be issued in accordance with the provisions set forth in Section 6-
36.2.
(Ord. No. 8243-92, § 1; Ord. No. 8566-94, § 3; Ord. No. 8931-98, § 6; Ord. No. 9126-00, §§ 8,
9; Ord. No. 9528-04, § 10; Ord. No. 9902-09, § VIII, 2-9-09; Ord. No. 10394-15, § IX, 10-
26-15)
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, with a minimum permit fee being sixty dollars ($60.00). 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.
(1) Heating units: $60.00
(2) Air Conditioning, Central, Electric:
a. Less than 10 tons 60.00
b. Over 10 tons 70.00
c. Water chillers 85.00
d. EMI-air blower 60.00
(3) Ventilating and exhaust systems:
a. Less than 500 CFM capacity 6.00
b. 500 to 1,500 CFM capacity 12.00
c. Greater than 1,500 CFM capacity 20.00
(4) Ventilating commercial hoods; including make up air: 120.00
(5) Refrigeration and engine-driven, gas-fired or oil-fired cooling equipment:
a. Up to 10 horsepower, each 60.00
b. More than 10 horsepower, each 75.00
(6) Rooftop combination
a. Up to 7'/2 tons 60.00
b. 7% tons or more 75.00
(7) Heat pumps:
a. Up to 7%2 tons, each 75.00
b. 7'h tons or more, each 85.00
c. Earth, coupled water source 60.00
(8) Mini-split Unit 60.00
a. Each Head 20.00
(9) Boilers, steam or hot water:
a. Up to 300,000 Btu 60.00
b. 300,000 Btu or more 70.00
(10) Combination air conditioning/heating:
a. VAV Boxes w/Coil 60.00
b. P-Tac, per Unit 60.00
(11) Air handlers 70.00
(12) Duct and register:
a. Up to 30 openings 60.00
b. 31-100 openings 80.00
c. Over 100 openings 100.00
(13) Backup generators—Gas line: 60.00
(14) Gas reconnection, each 60.00
Page 28 of 3 1
(15) Gas piping(distribution of piping to equipment)to be included on permit application,
Each gas piping system, per outlet 3.00
(16) Woodburning stoves, per flue(including chimney and chimney connector) 60.00
(17) Each reinspection fee 60.00
(18) Each additional final inspection 70.00
(Ord. No. 8243-92, § 1; Ord. No. 8566-94, § 3; Ord. No. 8931-98, § 7, 8-24-98; Ord. No. 9528-
04, § 11; Ord. No. 9779-07, § VIII, 8-27-07; Ord. No. 10137-11, § VII, 12-12-11; Ord. No.
10394-15, § X, 10-26-15)
ARTICLE 11. BUILDING CONTRACTOR
LICENSING REQUIREMENTS2
Sec. 6-45. Legislative findings.
(a) The South Bend Common Council hereby finds that there is a need to develop licensing
procedures for Building Contractors doing business in the City.
(b) The Common Council declares that the following procedures are established for the purpose
of protecting the public health, safety and welfare of the community.
(Ord. No. 8228-91, § 1)
Sec. 6-46. Building Contractors prelicensing registration required; annual renewal.
(a) It shall be unlawful to engage in business in the City as a Building Contractor without first
having registered as required by this article.
(b) Annual renewal of registration shall be required of Building Contractors for each year they
wish to engage in business as a prelicensing procedure until full licensing procedures are
implemented.
(Ord. No. 8228-91, § 1)
Sec. 6-47. Definitions.
(a) The term "Building Contractor" shall mean and include anyone engaging for remuneration
in the building construction business of new construction, repair, alteration, or remodeling,
for which a building permit is required.
(b) The term "handyman" shall mean any person providing for a fee, repair or maintenance
services for a fee which would not require a building permit under the Building Code of the
City of South Bend. A handyman is exempt from the provisions of this article.
(Ord. No. 8228-91, § 1)
Sec. 6-48. Fees.
(a) The annual fee for a Building Contractor's prelicensing registration shall be one hundred
twenty-five dollars ($125.00), and placed in a special nonreverting fund to assist in the
implementation of this article.
(b) Any Building Contractors performing electrical, plumbing, heating, air conditioning or
ventilating services shall be subject to the applicable fee requirements addressed in Sections
6-10, 6-23 or 6-36.2 of this Code, instead of the one hundred twenty-five dollar($125.00)
fee addressed in Subsection(a)herein.
(Ord. No. 8228-91, § 1; Ord. No. 9528-04, § 12; Ord. No. 10394-15, § XI, 10-26-15)
Sec. 6-49. Regulations.
(a) Any Building Contractor engaging for remuneration in the building construction business of
new construction, repair, alteration, or remodeling for which a building permit is required,
shall be construed as doing business as a Building Contractor.
2Editor's note(s)—Ord. No. 8271-92, adopted June 22, 1992, amended Ord. No. 8228-91, § III,
which section was not printed herein, to provide that Ord. No. 8228-91 effective Nov. 1,
1992.
Page 29 of 31
(b) It shall be the duty of all Building Contractors to comply with the Building Code adopted by
the City of South Bend, and all other ordinances relating to new construction, alterations,
repairs and remodeling.
(c) Failure to comply with the Building Code and all other applicable local, state and federal
laws and regulations, shall be grounds for suspension or revocation of a building permit,
issued hereunder, and may be grounds for refusal to renew an application for a Building
Contractor's prelicensing registration.
(Ord. No. 8228-91, § 1)
Sec. 6-50. Prelicensing registration process.
(a) Application and forms. All forms required by this article shall be made available in the
Office of the Building Commissioner and shall be kept on file in that office. Every
application for registration or renewal thereof, as required by this article, shall be filed with
the Office of the Building Commissioner. Such registrations shall be reviewed by the
Building Commissioner as to their content and applicability and shall be reviewed on an
annual basis.
(b) Building Contractor's prelicensing registration. All Building Contractor's prelicensing
registration fees shall be paid to the Office of the Building Commissioner upon review of
the completed registration application form, and a written receipt for payment of said fee
shall be given by the City.
(c) Term of registration. All registrations received under this article shall be for a term of one
(1) year commencing on the effective date of the surety bond.
(d) Proof of coverage. Applicants must provide written proof of Workers' Compensation
coverage, such as a sworn affidavit signed under penalties of perjury regarding coverage or
noncoverage, or a certificate of insurance, at the time of making application.
(e) Surety bond. Each applicant for registration must also provide a surety bond payable to the
City in the penal sum of five thousand dollars($5,000.00), conditioned upon faithful
compliance with the provisions of the Building Code as it relates to work performed by the
applicant, and agreeing to pay all damages, costs and expenses caused by the applicant
through failure to comply with such provisions.
(Ord. No. 8228-91, § 1; Ord. No. 8313-92, § 1, 11-9-92; Ord. No. 9902-09, § VIII, 2-9-09)
Sec. 6-51. Nature of interest conferred by permit.
All Building Contractor's prelicensing registrations issued under this article shall be
accepted as a privilege to do business within the City.
(Ord. No. 8228-91, § 1)
Sec. 6-52. Nontransferability.
All Building Contractor's prelicensing registrations issued under this article are
nontransferable.
(Ord. No. 8228-91, § 1)
Sec. 6-53. Regulations supplemental.
The registration procedure set forth in this article is supplemental to all other
regulations set forth in Chapter 6 of this Code. In the event of conflict, these regulations
shall supersede all others.
(Ord. No. 8228-91, § 1)
Sec. 6-54. Citations and fines.
(a) Upon learning that a person or entity is doing business as a Building Contractor, as defined
herein, without having registered, a citation shall be issued to said person or entity by the
City for each violation.
(b) Citations may be issued for each and every violation of the required provisions of this
article, and each such violation shall be treated as a separate act for which a citation may be
issued.
Created: 2021-12-02 09:01:23 [EST)
(Supp. No.56)
Page 30 of 3 I
(c) Citations issued under this article shall contain the date, time, name and address of the
violator, the Code section violated, the nature of the violation, location of the violation, the
name of the officer issuing the citation and instructions as to the disposition of the
citation(s).
(d) Each citation issued under this article shall impose a fifty dollar($50.00) fine payable
through the Department as addressed in Section 2-213 of this Code.
(e) Additionally, whenever any work is being done contrary to the provisions of this article, the
Building Commissioner, or his designee, may order the work stopped by notice in writing
served on any persons engaged in the doing or causing such work to be done, and any such
persons shall forthwith stop such work until authorized by the Building Commissioner, or
his designee to proceed with the work.
(f) Any person who subsequently violates any provisions of this article in the same year for
which registration was required, shall be subject, upon conviction, to a fine of not less than
two hundred fifty dollars ($250.00) and not more than two thousand five hundred dollars
($2,500.00), and possible suspension or revocation of any registrations issued hereunder.
(g) Each subsequent day of violation shall be considered a separate offense for which a citation
may be issued.
(Ord. No. 8228-91, § 1)
Sec. 6-55-6-61. Reserved.
SECTION II. If any section, subsection, sentence, clause, or phrase of this Ordinance
is, for any reason, declared to be unconstitutional or invalid, such decision shall not affect the
validity of the Ordinance as a whole, or any part thereof, other than the part so declared.
SECTION III. This Ordinance shall be in full force and effect upon adoption by the
Common Council and approval by the Mayor and any publication required by law.
iZrAttS---a
,,__
Canneth J. Lee, Council Presi ed nt
South Bend Common Council
Attest:
liteihtiA/
Bianca L. Tira , City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the 24th day of June ,2025,at 12 o'clock p.m.
41(11{k(/4t.
Bianca L. Tirado, Ci Clerk
Office of the City Clerk
Approved and signed by me on the rith day of la%t. , 2025, at y o'clock
i ).111.
Jam Mueller, Mayor
Cit of South Bend, Indiana
Page 31 of 31