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HomeMy WebLinkAboutAmending Chapter 6 Generally known as the Building OrdinanceORDINANCE No.-6.162-77 Passed by the Common Council of the City of South Bend, Indiana June 13 11r, ' Clerk IRENE K. GAMMON of Common Council Presented by me to the Mayor of the City of South Bend, Approved and signed by 77 /) - A� IRENE K. GAMMON Clerk ORDINANCE NO. (0 ( (n a -i % AN ORDINANCE AMENDING CHAPTER 6, GENERALLY KNOWN AS THE BUILDING ORDINANCE, REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA, AND "MAINTENANCE OF BUILDINGS OR STRUCTURES; REGULATING AND CONTROLLING THE DESIGN, CONSTRUCTION, INSTALLATION, QUALITY OF MATERIALS, LOCATION, OPERATION, AND MAINTENANCE OF HEATING, VENTILATING, COOLING, REFRIGERATION SYSTEMS, INCINERATORS AND OTHER MISCELLANEOUS HEAT- PRODUCING APPLIANCES; REGULATING AND CONTROLLING THE ERECTION, INSTALLATION, ALTERATION, ADDITION, REPAIR, RELOCATION, REPLACEMENT, MAINTENANCE OR USE OF ANY PLUMBING SYSTEM; PROVIDING FOR THE ISSUANCE. OF PERMITS AND COLLECTION OF FEES THEREOF, DECLARING AND ESTABLISHING FIRE DISTRICTS; PROVIDING PENALTIES FOR THE VIOLATION THEREOF, AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH. STATEMENT OF PURPOSE AND INTENT The purpose and intent of this Ordinance is to provide for the protection of life, public safety, and real and personal property in the design and construction of buildings and structures in the City of South Bend, Indiana, and further, to bring the sections of the Municipal Code of South Bend, Indiana, dealing with such buildings and structures into conformity with State law as provided under I.C. 22- 11 -1 -1 et. seq. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Chapter 6, Article 1, Section 6 -1(a) (1) of the Municipal Code of the City of South Bend is amended as follows: (1) Baeile ga4144!ng Gode Indiana Construction Rules and Regulations means the Building Code of the City; SECTION II. Chapter 6, Article 1, Section 6 -4(a) except for sub- parts CIT through (16) inclusive of the Municipal Code of the City of South Bend is amended as follows: (a) The fees to be charged for the issuing of permits by the Building Department, not otherwise provided for in the Bae4!e Build- ing Code adopted by Section 6 -5, shall be paid at the time the per- mit is issued and shall be as follows: SECTION III. Chapter 6, Article 2, Section 6 -5, of the Munici- pal Code of the City of South Bend is amended as follows: ARTICLE 2. BA949 BUILDING CODE Sec. 6 -5. Adoption of 999A Pae4e Building Code by reference. 9ke B99A 8a 144ng Gedey 49 -79 £44k4en Indiana Construction Rules and Regulations, Volume I, 1973 Edition, Amended 1_9_7T, ulgated by the Ba4444ng 8 € €4e #a4s and Sede One: Administrative Building Council of Indiana together with any and all reference thereto is made a part of this Chapter with the same force and effect as though set out in full herein as the official Building Code of the City except for such changes, additions or deletions as are specified in this Chapter. At least €een 444 two (2) copies of such B99A 8ae3e Building Code with such amendments and supplements are on file and open for public inspection in the office of the City Clerk. words deleted - -- * words added underlined words amending parts adopted by reference are bracketed [ ) SECTION IV. Chapter 6, Article 2, Section 6 -6, of the Municipal Code of the City of South Bend is deleted in its entirety and a new Section 6 -6 is adopted in lieu thereof as follows: Construction Rules and Regulations; modifications; deletions. (1) Section 201 is amended to read as follows: (2) Section 203 is amended to redd as follows: —2 — shall consist of five - - - - -- - +-+v aiu vl nYNcat, the Governing Body and shall hold office at : shall adopt reasonable rules and regulations vestigations and shall render all decisions to the Building Official with a duplicate coj mad recommend to the Governing Body such new consistent therewlth.°j a as is (3) Section 314 is amended to read as follows: "Whenever any work is found to be in violation of rules and regulations ot the Aaministrative BUIlaing o , r. ec rya (4) Section 316 is amended to read as follows: C It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move improve, remove con- vert or demolish, equip, use, occupy, or maintain any bUlIdIno r structure in the city, or cause the same to be done, contrary to or invToaltin of and of the vif this Code. Any person, firm, of this Code shall be erson shall be deemed every day or portion tl the provisions of this and upon conviction of punishable by a fine o. than three hundred dol. not more than ninety T or corporation violating any of the provisions eemed guilty of a misdemeanor and each such guilty of a separate offense Por each and - ereof during which and violation of any oof Code is committed, continued, or permitted, any such violation such person shall be not less than three dollars $3.00 nor more aFs--(T3-00.-007 per day, or LL imprisonment for days, or by both such fine and imprisonment."] (5) Section 317 is amended to read as follows: - 3 - (6) Section X18 9a amended to read as follows: n this Code or in the event adaptable to the propose r or (7) Section 319 is amended to read as follows: (a)[ General.] Where Certificates of Occupancy are required, such certificates shall be obtained from the-5—ep-a-R—ment Raving Aurisdiction. (b) Use or Occupancy. No building or structure in Groups A to 2. inclusive, shall be used or occupied, and no change in the existing occupancy, classification of a building or structure or portion thereof shall be made until the Building Official has issued a Certificate of Occupancy therefor as provided herein. [ (c) Change in Use. Changes in the character or use of a building shall not be made except as specified in Section 502 of this Code.] [ (d) Certificate Issued. After final inspection when it is found that the building or structure complies with the provisions of this Code, the Building Official shall issue a Certificate of Occupancy which shall contain the following: 13 =V U114y11f'j 1.1Gy3111V Ll {.LL IIV Gy-• 2. The address of the building. 3. The name and address of the owner. If. A description of that portion of the building for which 5. A statement that the described portion of the building complies with the requirements of this Code for rg oup and division of occupancy and the use for which the proposed occupancy is classified. 6. The name of the Building Official. ] [(e) Temporary Certificate. A temporary Certificate of Occupancy mad be issued by the Building Official for the use of a portion or portions of a building or structure rp for to the - completion of the entire building or structure. [(f) Posting. The Certificate of Occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the Building Official.? [(g) Occupancy Violations. Whenever any structure is being used contrary to the provisions of this Code, the Building Official may order such use discontinued and the structure or portion thereof vacated by notice served on any person c� g suc —use se tome cone Fl_ nued. Such person shall discontinue i�Te use wit�iin SOdays a�`�r receipt of such notice or make the structure or portion thereof, com— p�with the req emen f is Code; pro decd, however H6 in event or an unsafe hui.13 g Section jT5 snall app - 4 - adding new Sections 321 "Authorized Re resentative" shall include the officers named in n Z C1 77 b and c or is Code. No owner or occupant or anv other person having charge. care or rein proviaea. uo s autnorizea represen Section 124, Permits and Inspections (a) Application for Permits. - 5 - work to be covered or occupancy for which th ended; lans and s ecifications ction o this Section 5. State the valuation of the proposed work; ttee. or his — 6 — (b) Moving Permit. necessary. (c) Building Permits. - 7 - ordinances. and that the fee specified in Section specifications. and computations shall be retained bV one set of approved plans and spec (iii) Validity. The issuance or granting of a permit The issuance of a permit based upon plans and speci eine carried on e o s Suspension or Revocation. The Building Official Or (d) Fees. (e) Inspections. A survey of the lot may be recuired by the Building Official to verify comnliance of the structure with approved plans- - 9 - an inspection Subsection (d). 1. FOUNDATION INSPECTION: To be made after trenches are Fl "transit mixed ") on the Job . 2. FRAME INSPECTION: e. and 3. LATH AND /OR WALLBOARD INSPECTION: To be made after all lathing and /or wallboard interior and exterior, is in place, but before any plastering is applied or before wallboard joints and fasteners are taped and finisled. 4. FINAL INSPECTION: To be made after building is complet- ed and ready for occupancy. (v) Other Inspections. In addition to the called inspec- tions specified above the Building 0 facia may ma e or require any other inspections of any construct on work to ascertain compliance with the provisions of this Code and other laws which are enforced by the (vi) the e. the ur t2g of determining compliance with O1 ( Building Official may cause an to be reinspected . such inspection or reinspection. - 10 - To obtain a reinspection the applicant shall file an application therefor in writing upon a form furnished for that purpose, and pay the-i;einspection fee in accordance with Section 324(e)(vi). (f) Special Inspections. (i) General. In addition to the inspections to be made as specified in Section 324( ) the owner or his age t shall employ a special inspector who shall be present at all times during construction on the following types of work: 1. CONCRETE: On concrete work when the structural design is based on 'yin excess of 2000 pounds 2. MASONRY: Masonry work shall have special inspect- ion when required in Chapter 24. 3. WELDING: On all structural welding. 4. REINFORCED GYPSUM CONCRETE: When cast -in -place Class B reinforced gypsum concrete is being mixed or deposited. 5• SPECIAL CASES: On special construction or work in- volving unusual hazards or requiring constant .inspection. EXCEPTION: The Building Official may waive the re- quirement for the employment of a special inspector if he finds that the construction or work is such that no unusual hazard exists. (ii) Special Tnsspec o . The special inspector shall be a qualified person approved by the Building Official. The special inspector shall furnish continuous in- (iii) Approved Fabricators. Special inspections required .by this Section and elsewhere in this Code shall not 1 be required where the work is done on the premises of a fab- ricator approved by the Building Official to perform suc work without special inspection. The certificate of approval shall be subject to revocation by the ui ing Official if it is found that any work done pursuant to the approval is in violation of this Code. (9) Section 1601 is amended by adding a new subsection (f) as follows: f i Fire District No. 1 (Establish boundaries of Fire District No. 1 according to the following description). Fire District No. 1 shall comprise the areas housing highly congested business, commercial, manufacturing and industrial uses or in which such uses are developing. he limits of such areas are described as bounded by a line beginning at the intersection of the center line o as Jefferson Boulevard and the center line of the St. Joseph River: thence easterly along the center line of East Jefferson Boulevard to the center line of St. Louis Boule- vard: thence northerly along the center line of said boulevard to the center, line of South Bend Avenue; thence southwesterly along the center line of said avenue to the - 11 - center line of Hill Streetl thence northerly along the center line of said street to the center line of Crescent Street; thence southwesterly along the center line of said street to the center line of the first alley west of Hill Street; thence northerly along the center line of said alley to the center line of the first alley north of Kalorama Street extended; thence westerly along the center line of said alley extended to the center line of the St. Joseph River; thence southerly along the center line of said river to the center line of Marion Street extended; thence westerly along the center line of said street to the center line of St. Joseph Street; thence northerly along the center line of said street to the center line of Bartlett Street; thence westerly along the center line of said street to the center line of aiM� n Street; thence southerly along the center line of said street to the center line of Navarre Street; thence wester- ly along the center line of said street to the center i of Lafayette Boulevard; thence southerly along the center line of said boulevard to the center line of Madison Street; thence westerly along the center line of said street o the center line of the first alley west of Lafayette Boulevard; thence southerly along the center line of said alley to a line running parallel to and 140 feet north of the north line of Lincolnwayy West; thence northwesterly along said parallel line to the center line of Sherman Avenue; thence southerly along the center line of said avenue to a line running parallel to and 140 feet south of the south line of Lincolnway West; thence southeasterly along said parallel line to the center line of Taylor Street; thence southerly along the center line of said street to the center line of Prairie Avenue; thence southwesterly along the center line and the center line extended of Prairie Avenue continuous from South Street to the center line of the outh end, t. Joseph and Southern Railroad right -of -way; thence westerly along the center line of said right -of -way to the center line of Arnold Street; thence southerly along the line of said street to the center -line of Prairie Avenue thence northeasterly along the center line of said avenue to the center line of Dubail Avenue; thence easterly along the center line of said avenue to the center line of the first alley east of Prairie Avenue; thence northeasterly along the center line of said alley to the center line of the first alley south of Indiana Avenue; thence easterly along the center line of said alley to the center line or Kemble Avenue; thence southerly along the center line of said avenue to the center line of Dubail Avenue, thence easterly along the center line of said avenue to the center line of Catalpa Avenue; thence northerly a o� ng the center line of said avenue 179 feet; thence easterly to the center line of the first alley east of Catalpa Avenue; thence northerly along the center line of said alley to the center line of the first alley south of Indiana Avenue; thence easterly along the center line of said alley and said center line extended to the center line of Franklin Street; thence northerly along the center line of said street to the cen er line of Garst Street; thence easterly along the center line of said street to the center line of Michigan Street; thence northerly along the center line of said street to the center line of Keasey Street, thence easterly along the center line of said street to the center line and the center line ex- tended of the first alley east of Michigan Street; thence northerly along said center line to the center line of Sample Street; thence easterly along the center line of said street to the north right -of -way line of the New York Central Railroad; thence northwesterly along the said right-of-way line to the center line of St. Joseph Street extended; thence northerly along the extended center line of said street to the center line of Monroe Street; thence easterly along 'E_he center line of said street to the intersection with e easterly ri ht- of-w o ay line f the new Columbia tree extend- ed south; thence due north 1.25 feet to the ntersec on 12 of the easterly r Street with the n Street; thence no n of 47 of 105. an are nd sub P of -way line of the new Columbia rly right-of-way line o onroe 301 1811 west 293.79_re_e_T_-,_tFience a distance of 293.20 feet; thence eet along an arc to the left and .97 feet and subtended by a long of north 35° O1' 3 west and a thence north 9° 32' 51 a dis- n nortn uu- 22, io" west a distance oi' 204.57 feet; thence north 05° 261 02' east a distance of 117.19 feet; thence northeasterly 275.51 feet along an arc to the right and having a radius of 275.81 feet and subtended by a long chord having a bearing of north 530 14' 5 east and a length of 2 .20 feet all along the easterly right -of -way line of the new Columbia Street, new East Western Avenue and the new Jefferson Boulevard; thence due north to the center line of East Jefferson Boulevard; thence easterly along the center line of East Jefferson Boulevard to the intersection with the center line of St. Joseph River, th place of beginning. (ii) Fire District No. 2 (Establish the boundaries of Fire District No. 2 according to the - t on ). Fire District No. 2 shall comer se a areas housing residential uses use groups L-1 an - to- gether with retail stores, b_u_sTn_e_s_s.and amusement centers or in which such uses are developing; and the limits or— such areas are described as Fo—unde-a by a line beginning— at the intersection of the center line of ay or ree and the center line of the first alley north or es ern Avenue extended; thence westerly along the center ne o - 13 - along the center line of said street to the center line of Orange Street; thence westerly along the center line of said street to the center line of Olive Street; then southerly along the center line of said street to the center line of the first alley north of Western Avenue extended; thence westerly along the center line of said alley extended to the center line of Sheridan Avenue; thence northerly along the center line of said avenue to a line running parallel to and three hundred forty (3 407 eet north of the north line of Western Avenue; thence westerly along said parallel line to the center line of Lombardy Drive; thence northerly along the center line of said drive to a line running parallel to and six hundred 00 feet north of the north line of Western Avenue; thence westerly along said parallel line to the center line of Summit Drive; thence southerly along the center line of said drive to a line running parallel to and one hundred thirty -two (1__32T feet south of the south line of Washington Avenue; thence westerly along said parallel line to the east line of Mayflower Road; thence southerly along said line to a line running parallel to and three hundred eighty -seven 3 7 feet south of the center line of Western Avenue; thence easterly along said parallel line to the east line of Summit Drive; thence southerly along said line to a line running parallel to and seven hundred forty (740T feet south of the center line of Western Avenue; thence easterly along said parallel line to the west line of Lombardy Drive; thence northerly along said line to a line running parallel to and four hundred seventy 70 feet south of the center line of Western Avenue; thence easterly along said parallel line to the center line of the first alley west of Gladstone Street; thence northerly along said center line to the center line of the first alley south of Western Avenue; thence easterly along said center line and center line extended to the cen- ter line of Arnold Street; thence southerly along the cen- ter line of said street extended to a line running parallel to and six hundred 00 feet south of the south line of Sample Street; thence easterly along said parallel line to the center line of Prairie Avenue; thence northeasterly along the center line of said avenue extended to the north right - of -way line of the New York Central Railroad; thence wester- ly along said right -of -way line to the south right -of -way line of the Grand Trunk Railroad extended; thence north- easterly along said right -of -way line to the center line of Western Avenue; thence easterly along the center line of said avenue to Taylor Street; thence northerly along the center line of said street to the center line of the first alley north of Western Avenue extended to the place of bep:inninR. - 14 - center line of said alley to the center line of Keasey Street; thence easterly along the center line of said street to the center ne o g ree ; ence sou er- ly along the center line o sa s freer o une center line of Broadway; thence easterly along the cen er line of Broadway to the center line ol V1rgTnIa Street; thence southerly along the center line of said s reet to Indiana venue; thence easterly along the center ne o said avenue to the center line of the second alley west of Miami Street; thence southerly along said center line to the center line of the first alley south of Indiana Avenue; thence easterly along said center line to the cen- ter line of the first alley west of Miami Street; thence southerly along said center line extended to the center line of Altgeld Street; thence easterly along said center line to the center line of the first alley east of Miami Street; thence northerly along the center line of said alley extended to the center line of the Saint Joseph River; thence northwesterly along the center line of said river to the center line of the second alley south of Bronson Street extended; thence south - westerly along the extended center line of said alley to the center line of the first alley east of Lincolnway the first alley east of Miami Street; thence northerly along the center line of said alley extended to the center line of the Saint Joseph River; thence north - westerly along the center line of said river to the center line of the second alley south of Bronson Street extended; thence south - westerly along the extended center line of said alley to the center line of the first alley east of Lincolnway East; thence north- wester- ly along the center line of said alley extended to the cen- ter line, of Arch Avenue; thence south - westerly along the center line of said avenue to the center line of the first alley east of Lincolnway East; thence north - westerly a ong the center line of said alley extended to the center line of Arch Avenue; thence south - westerly along the center line of said avenue to the center line of the first alley east of Lincolnway East; thence north - westerly along the center line of said alley to the center line of Monroe Street; thence south - westerly along the center line of s et to the center line of Lincolnway East; thence wes er y a ong to the center line of Monroe Street to the center line o St. Joseph Street; thence southerly along the center line of said street extended to the north right-of-way ne o the New York Central Railroad; thence south - easterly a ong said right -of -way line to the center line of amp a ree ; thence westerly along the center line of said street o e center line of the first alley east of Michigan Street; thence southerly along the center line of said alley to the center line of Keaseyy Street; thence westerly along the center line of said street to the center line of Michigan Street; thence southerly along the center line of said street to the center line of Garst Street; thence wester- ly along the center line of said street to the place of beginning. "Also, bounded by a line beginning at the intersection of the center line of North Side Boulevard and the center line of Louise Street; thence northerly along the center line of Louise Street to a line running parallel to and one hundred thirty-two (132) feet south of the south line of Mishawaka Avenue; thence easterly along said paralle line to the center line of Logan Street; thence northerly along said center line to the center line of the first - 15- SECTION V. Chapter 6, Article 3, Section 6 -7(a) of the Muni- cipal Code of the City of South Bend is amended as follows: (a) The 1941 Bd# ##eR e€ #die u0ne and Two Family Dwelling Codeu= 1975 Edition, Amended 1976, as promulgated by the Administrative ui Blding Council of Indiana, €e##eW #Rgt Amer-loan # &nee Aseee#a- $#eR 9u44!4#Rg 9 € € #e #e #e and 6ede Aix #w #s��e�e�s #wke��ae #ess #; -�seT #R4erRa #4eRa# Qom€epenee -e€ RR # #d #Rg A € € #e #a #e and ge4thern 6eRgrees; together with any and all amendments and supplements is hereby adopted and by this reference made a part of this Code with the same force and effect as though set out in full herein, except for such changes, additions or deletions as are specified in this Chap- ter. At least €e4ip 444 two (2) copies of such Dwelling Code together with such amendments or suppI—ements are on file and open for public inspection in the office of the City Clerk. SECTION VI. Chapter 6 of the Municipal Code of the City of South Bend is amended by adding a new Article 7 as follows: ARTICLE 7 MECHANICAL CODE Sec. 6 -36. Mechanical Code; adoption by reference; amendments; additions; modifications: deletions. The Mechanical Rules and Regulations, Volume IV, 1973 Om - 16 - (b) The provisions of the Mechanical C de adopted by Se 6 -36 a shall be modified added to or deleted so that the r ing Articles, Sections or Subsections shall read as follows: (1) A new See. 204 is adopted as ollows• "H a in Air - Conditioning and Ventilating Examining Board. (i) There is hereby created a Heating, Air - Condit and VentilatiH-g Examining Board of the City, here ecsignated as the 'Board" which shall consist of members to be appointed by the Mayor as follo ree members shall be class A contractors o: member sha be a professional engineer with five years experience in heating and ventilation ae da u uy cue nui.Laing urliclal and one (1 FFe u ng Off c al or such person as Each appointment shall be for a ter s or unM a successor is appointed. nt one 1 of the members to act as c ny appo nted member may be remove he Mayor. Each appointed member shall 'n o ars 10.D0i for each day durin 3ed a meeting of the Board, except th or s agent, who shall serve without (iii) Rules and e Board shall at all times. 11censes and ce- of Its rules an ons. (iv) License an not a issued w: (v) Quorum. Three (3) members of the E meeting shall constitute a quorum for a action of usiness but any action take shall require the affirmative vote of a members. (2) A new Sec. 205 is adopted as follows: ions. Records open to the p' al. New 1 written ap M4 C] (ii) Classes of Licenses. Four (4) classes of licenses and certificates shall be known respectively as class A_ hPatino sales ana insraliasion or conversion burners in existing furnaces and installation of steam and hot water heating systems; class C, journeymen heating, air conditioning and - 17 - ventilating employees lg dense; and eland n beating air conditioning and ventilating dealers license (vii) Application for License. Each application for viii) Qualifications. Before examination is given o an applicant for a class A license. the person rurnisn eviaence sarisractory s of good character and su - - 18 - (21) of age; and shall furnish affidavits from ce class B. class C and class D license shall present such evidence as the Board may designate to show the applicants' qualifications for the class of license applied for. (ix) Examinations. Every applicant for a class A license shall be examined by the Board as to--his knowledge of the rules and regulations covering the installation of heating, air conditioning and ventila- ting equipment or systems as specified n this Vode. Such applicant shall secure a grade of not less s than seventy -five percent 75 in a written examination of not less than twenty -five 5 questions which shall De adequate to determine the applicant s fitness and ability. A complete record of every examination given shall be kept on file in the office of the Building Official for a period of three 3 years after the date of the examination. (x) Failure. Should an applicant fail to pass an examination he may be re- examined upon submitting a new a lication as specified in ubsection (vii), within one 1 year after the date of his failure. (xi) Exemption. Applicants for a class B, class C or class D license shall not be r�uired to take a written examination. A class A class B class C or class D license shall not be required for the sale, installation use maintenance alteration oEo%pair of window air conditioning units of two 2 horsepower or less or electric baseboard cable or panel heatj! units. (xii) Issuance of License. The Controller shall issue • license to every successful applicant who has filed • bond, paid the prescribed fee and has presented the Controller with a certificate of approval issued--b-y---t-he Board. - - -- (xiii) Bond. Every applicant for a class A license, before being issued a license shall give, execute and deliver a surety bond a able to the Cit in the ena sum of Five Thousand Dollars 5.000.00 sub.iect to e with the provisions us ana shall agree to pay all damages, costs and expense which may be caused by the negligence of such license through failure to comply with the provisions of the Mechanical Code. - 19 - remain valid. (xvii) Certificates. Each certificate of license pal place of business. whose name the license was issued (3) A new Sec 206 is adopted as follows: (i) Heating Air Conditioning and Ventilating Inspec- tion Division. There is hereby created a division of- the Department of Building Inspection, which shall hereafter be called the Heating. Air Conditioning and f Heating Inspector. The executive official of the Heating, Air Conditioning and Ventila ction Division shall be known as he h of iv) Appointment. The Chief Heating Inspector shall e appointed by the Board of Public works v) Duties - 20 - ster ai to hea y of the Chief Heating rovisions of this Code it conditioning, and d, and to perform such cial may direct. (vi) Assistants. The Board of Public Works shall (vii) Qualifications. Assistants in the Heating_ on shall not least three echnical work in responsible caarge of ouilaing construction or as a skilled worker. (viii) Restrictions. The Chief Heating Inspector and the assistants in the eat ne. Air on on n gagea in or airectly or inairectly connected furnishing of labor, mater a s or app ances construction alterat on or maintenance o a or the preparation of plans or o spec ca therefor. unless they are the owner of the b department. (4) Sec 104 is deleted in its entirety and a new Sec 04 is added in lieu thereof as follows: - 21 - Sec. 304 Fees. Application for a permit for installation of heating, ventfl—ating, air conditioning and re rigera ion equipmen shall be accompanied by fees in accordance with the following sc edu e: "SPACE HEATERS AND PORTABLE HEATERS (EACH) "30,000 B.T.U. input or more ......................$ 3.00 "60,000 to 300,000 B.T.U. input - lst unit .. .. .... 5.00 2nd unit "300,000 B.T.U. input or more .3.00 10 00 "BOILERS (STEAM OR HOT WATER) "60,000 to 300,000 B.T.U. input - lst unit ....... 5.00 2nd unit "300,000 B.T.U. input or more .3.00 10.00 "OIL AND GAS CONVERSIONS 1160,000 to 300,000 B.T.U. input - lst unit ............5.00 2nd unit 11300,000 B.T.U. input or more .3.00 .10.00 "ELECTRIC FURNACES (AIR HANDLING) "Less than 100 K.W. input - lst unit 5.00 2nd unit .3.00 "100 K.W. input or more .... ...... ...................10.00 "AIR CONDITIONING w "Less than 7 1/2 tons .10.00 "7,1/2 tons or more ......... .........................15.00 INDOW UNITS ELECTRI - lst unit ......... ...........no fee 3.00 ............1.00 "REFRIGERATION AND ENGINE - DRIVEN GAS -FIRED OR OIL -FIRED COOLING EQUIPMENT _ 1 to 7 1/2 horsepower or less than 90,000 B.T.U. C92 .10.00 More than 7 1 2 horsepower or 90,000 B.T.U. cooling or more .15.00 "INCINERATORS '5 cubic Feet or less .3.00 "More than 5 cubic feet ............................... 3.00 .............................. plus $1.00 for each cubic foot in excess of 5 cubic feet aximum fee .50.00 "When the total capacit of an system in an single installation is provided by more than one 1 unit, the summation of the capacities of each unit and the total number of such units shall determine the fees as provided in the schedule above." 22 -. SECTION VII.Chapter 6, Article 3, Section 6 -7 of the Municipal Code of the City of South Bend is amended as follows: Sec. 6 -7. Adoption of One and Two - Family Dwelling Code by reference. (a) The 1941 94 4!t 4!eR e€ the ='One and Two - Family Dwelling Code', 1975 Edition, Amended 1976 ee promulgated by the €e ##ew #Rg+ Ar�ee #eaR #xa�t�+aeee �lsaee #a� exEJ 6ede Adjx #x#s- ��e�e+a 6ea €epenee e€ RH #14 4!Rg 8 € € #e #e #a RR4 9"thePR $a ##d#ag 6eagreaey Administrative Building Council of Indiana, together with any and all amendments and supple- ments is hereby adopted and by this reference made a part of this Code with the same force and effect as though set out in full herein, except for such changes, additions or deletions as are specified in this Chapter. At least €eRp 444 two (2) copies of such Dwelling Code together with such amendments or supplements are on file and open for public inspection in the office of the City Clerk. (b) The provisions of such Dwelling Code shall prevail and con- trol in the event of any other conflicting provision or provisions in any other code. SECTION VIII. Chapter 6, Article 4, is deleted in its entirety and a new Article 4 is adopted in lieu thereof as follows: ARTICLE 4 PLUMBING CODE Sec. 6 -9. Adoption of Plumbing Rules and Regulations by reference. The Plumbing Rules and Regulations, Volume III, 1976 Edition, as amen�e3 1976. ..oromu gate v the Administrative But I di nn .nunr. out in er. ame er with the same force and effect as t-hioug se as the official Plum ng Code of e City except additions or deletions as are specll-lect In this two copies of such um ng C_0Te__W1tH such p emen s are on file and open ror pu c nspec e City Clerk. Sec. 6 -10. Plumbing Code; amendments, additions, modifications and deletions. (a) The Schedule of Fees provided under Sec. 20.7 is hereby deleted in its entirety and a new Schedule is adopted in lieu ere - of as follows: Each plumbing fixture .......... ..........................$1.00 New or reconstructed sewer connection .................... muu Each private sewage disposal system . Each water service connection to public or pr va e supp y. Repair or alteration of any plumbing system .............. Any permit requiring inspection, minimum fee ............. SECTION '. IX. Chapter 6 of the Municipal Code of the City of South Bend is amended by adding a new Article 8 as follows: Sec. 6 -11. Penalties. Violations of ipal Code. ARTICLE 8 PENALTIES ter, unless otherwise after 1. Section 1 -2'3 - 23 - shall be SECTION X. Severability. If any provision, section, or part of any section of this ordinance is declared to be invalid or unconstitutional, such declarations shall not be construed to affect any of the other provisions, sections, or part of sections herein, and the remainder of the ordinance shall not thereby be invalidated. SECTION XI. This Ordinance shall be in full force and effect from and aFt—er its passage by the Common Council and approval by the Mayor. A4"�' a4'zzu Me er of the Common Council FILED IN CLERK'S OFFICE ff� �G 7 1st Rs;a.Cl ?IG PUeM-' HI-;ARING (� - +3 - Irene Gammon 2nd READING (a —13 CITY CLERK, SOUTH BEND, NOT APPROVED IND. REFERRED PASSED — 2 4 �c " I — %� CITY of SOUTH BEND PETER J. NEMETH, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 1977 Thomas J. Brunner, Jr. May 18, 279/284.9241 City Attorney Robert M. Parker Chief Deputy South Bend Common Council 4th floor Council Chambers County -City Building 227 W. Jefferson Blvd. South Bend, Indiana 46601 Re: Ordinance Amending Building Code Dear Council Members: The attached bill would bring the South Bend Building Code into conformity with the rules and regulations adopted by the Indiana State Administrative Building Council under I.C. 1971, 22- 11 -5 -1 et sue. Under statute, these rules and regulations preempt all conflicting local ordinances. As a result it has been difficult to determine whether part or any of the BOCA Basic Building Code, which is still part of the Municipal Code of South Bend, should be enforced. With the foregoing in mind, it was decided to update the entire Building Code. Included are the Indiana Construction Rules and Regulations, Plumbing Rules and Regulations, Mechanical Rules and Regulations, One and Two- -- Family Dwelling Code and the National Elec- trical Code (the latter by separate bill since it was in a different chapter of the Municipal Code). With the ABC's rules and regulations as a basis, city ordinances may go into more detail if desired or may contain more stringent provisions, provided they do not conflict with any rule or regulation of the ABC. Thus, parts of the existing municipal code dealing with the aforementioned areas were incorporated into the ABC's rules and regulations, which rules and regulations are included in the attached bill. After drafting, this bill was approved for introduction to the Common Council by the State Building Commissioner, who is also the Chairman of the ABC. Recently the Common Council adopted a new Unsafe Building Ordinance. The administration feels that it is necessary to adopt Tmttmttttt 11tvart can tkr Tom m Mounrit of tllr (ling of Omd4 10rnd: Your Committee of the Whole to whom was referred A BILL AMENDING CHAPTER 61 GENERALLY KNOWN AS THE BUILDING ORDINANCE, REGULATING THE ERECTION, CON- STRUCTION, ENLARGEMENT, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA, AND MAINTENANCE OF BUILDINGS OR STRUCTURES; REGULATING AND CONTROLLING THE DESIGN, CONSTRUCTION, INSTALLATION, QUALITY OF MATERIALS, LOCATION, OPERATION, AND MAINTENANCE OF HEATING, VENTILATING, COOLING, REFRIGERATION SYSTEMS, IN- CINERATORS AND OTHER MISCELLANEOUS HEAT — PRODUCING APPLIANCES: REGULATING AND CONTROLLING THE ERECTION, INSTALLATION, ALTERATION, ADDITION, REPAIR, RELOCATION, REPLACEMENT, MAINTENANCE OR USE OF ANY PLUMBING SYSTEM; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREOF, �D�hhECLARING AND ESTABLISHING FIRE DISTRICTS: t �VTDINaLIALtr ORthTHEt VIOLATION THEREOF, AND RE- PEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH. Respectfully report that they have examined the matter and that in their opinion this ordinance should be recommended to the Council, favorable. Frank Horvath Chairman rn cc •cess � roeu sn we w.