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HomeMy WebLinkAboutAmending - Ordinance No. 4381-61 Commonly known as the Building Code for the Civil CityORDINANCE No. 4530 - - -62 Passed by the Common Council of the City of South Bend, NOVEMBER 26, rn 62 Presented by me to the Mayor of the City of South Bend, NOVEMBER 27, — 62 Clerk of Common Council Clerk Approved and signed by me NOVEMBER 27, z9 62 IDEAL �OJEWPRESS AN ORDINANCE AMENDING ORDINANCE NO. 4381 -61 COMMONLY KNOWN AS THE BUILDING CODE FOR THE CIVIL CITY OF SOUTH BEND, INDIANA. BE IT ORDAINED BY THE COMMON COUNCIL OF THE CIVIL CITY OF SOUTH BEND, INDIANA: SECTION I: That "Supplement No. 1" to the Basic Building Code, as published by the Building Officials Conference of America, Inc., 1962, four (4) copies of which have been placed on file with the City Clerk and thereby made available for public scrutiny; be and the same is hereby adopted as an amendment to Ordinance No. 4381 -61, commonly known as the Building Code for the City of South Bend, Indiana, so that said supplement shall become a part of said Ordinance the same as if it were fully contained therein; except for the following changes, additions or deletions: Section 425.0 Mobile Dwelling Units (Delete Entire section and sub - sections without substitutions) SECTION II That Section 118.2 be and the same is hereby amended so that the same shall hereafter be and read as follows: 118.2 -New Construction and Alterations. Fees for building permit shall be as prescribed (in Ordinance No. 4082 and said Ordinance shall remain in full force and effect as a part of the Basic Building Code the same as if it were fully contained herein.) in the following schedule: (a) New Structures & Additions -The fee for new structures (b) or fraction thereof. feet or fraction thereof of sheltered ground area, Plus one ($1.00) dollar. (c) Alterations and Repairs -For alterations and repairs not otherwise provided for for roof repairs, reroofing, tanks towers platforms, stacks and other miscellaneous buildings and structures not included in the preceding for each one thousand dollars (151 000.00) or cost or fraction thereof above ten thousand dollars ($10,000.00) up to and including one hundred thousand (d) (N.) (V (a) Demolition -The fee for demolition of one (1) and two (2) story buildings shall be two dollars (52.00), Dollars subject to the approval or the k.;iLV and conditional upon faithful compliance with the provisions of this Code as they may pertain to the regulations of demolition of buildings and structures; and shall agree to pay all damages costs and expenses which may be caused by any act of negligence, omission or misfeasance of the applicant through failure to comply with the provisions of said Code. Signs -The fee for signs billboards and sign- boards shall be as set forth in Ordinance No. 4303 -60. alleys as ;rovided herein shall be twenty -five (525,.00) dollars; and the fee for Permit to move any building dollars. (h) Penalty -when any Person shall unlawfully proceed to do any work covered by this Code without permit to do so permit fees shall be doubled as a--Pen ity, nor shall the payment of such penalty release the Person in default from any other penalties herein provided for. () Other Fees -The above fees shall not include fees for Permits for Plumbing heating ventilating, air - conditioning or electrical installations or any other fees designated by other sections of this Code. SECTION III That a new section is hereby created and the same shall hereafter be numbered and read as follows: Section 119.0 - volume Computation For the purpose of determining fees predicted on volume said volume shall be computed from the lowest point of the foundation to the mid -point between the eaves and the highest point of pitched roofs and from SECTION IV That Section 120.1 be and the same is hereby amended so that the same shall hereafter be and read as follows: 120.1 Sign Bonds - The sign contractor, the erector or the owner of every sign or bill -board for which permit is required shall be bonded in an amount not less than [Five Thousand ($5,000.00) Dollars for the erection and maintenance of all such "signs or bill - boards] that specified in Ordinance No. 4343 -60 and in accordance with the provisions of Section 1408. SECTION V That Section 303.0 be and the same in hereby amended so that the same shall hereafter be and read as follows: Section 303.0 Restrictions of Fire District No. 1. All new buildings and structures,_ and all additions to existing buildings and structures, hereafter erected within the boundries of Fire District No. 1 shall be fireproof (type 1), protected noncombustible [(type 2)] (types 2A or 2B) or (exterior masonry (type 3)) heavy timber (type 3A) construction as defined in Article 2 and regulated in table 5; and shall be constructed within the height and area limitations of table 6; except as herein provided; SECTION VI That Section 304.0 be and the same is hereby amended so that the same shall hereafter be and read as follows: Section 304.0 - Restrictions of Fire District No. 2 All new buildings and structures, and all additions to existing buildings and structures, hereafter erected within the boundries of Fire District No. 2 shall be fireproof (type 1), noncombustible (type 2), heavy timber (type 3- or protected exterior masonry wallItype 3A) construction as defined in article 2 and regulated by table 5, and shall be constructed within the height and area limitations of table 6; except that all the variations permitted in Fire District No. 1 shall apply to permissible construction in Fire District No. 2 with the following additional exceptions: SECTION VII That Section 1143.41 be and the same is hereby amended so that the same shall hereafter be and read as follows: 1143.41 -Bond Every applicant for a Class A License before being issued a license shall give, execute and deliver a surety bond, payable to the City of South Bend, in the penal sum of [Five Thousand ($5,000.00)] Two Thousand ($2,000.00) Dollars, subject to the approval of the City Controller, and conditional upon faithful compliance with provisions of the Basic Code, as they may pertain to the regulation of heating, air - conditioning and ventilating work and apparatus; and shall agree to pay all damages, costs and expenses which may be caused by any act of negligence,,_ omission or misfeasance of such licensee through failure to comply with the provisions of said Basic Code. SECTION VIII That Section 1408.1 be and the same is hereby amended so that the same shall hereafter be and read as follows: 1408.1 - Filing Bond No person shall erect, install, remove or rehang any sign for which a permit is required under the provisions of [the Basic] this code until an approved bond shall have been filed [in the sum of Five Thousand ($5,000.00) Dollars as herein required and] as specified in Section 120.1. SECTION IX That there is hereby created a new section which shall hereafter be numbered and read as follows: Section 1417.0 - Other Requirements Signs which proiect over public property shall comply with all provisions of this article and of Ordinance No. 4303 -60; and said Ordinance No. 4303 -60 shall hereby become a part of the Basic Code the same as if it were fully contained therein. SECTION X That Article 17 be and the same is hereby amended by change, addition or deletion of the following designated sections, sub - sections, clauses and phrases so that the same shall hereafter be and read as follows: 1704.73 Appliance Dealer- An Appliance Dealer, within the meaning of this Code, shall be any person who offers for sale to the general public, [plumbing fixtures and appliances] water heaters, water softeners, or both; who shall maintain a shop or store as an outlet for the sale of such fixtures and appliances; who contracts for the installation of water softeners and [,] water heaters [, automatic clothes washing machines, auto- matic dishwashing machines, and garbage disposals] in one - and two - family dwellings only; and who shall [have passed the examination and] be licensed by the City as herein required. 1704.75 Appliance Installer - An Appliance Installer within the meaning of this Code shall be any person who installs water softeners or water heaters in one- or two - family dwellings only; who shall be employed by and work under the supervision of a Licensed Appliance Dealer only; and who shall have passed the examination and be licensed by the City as herein required. 1707.3 Plumbing Appliance Dealers' - Installers_'_ Examining Board - There is hereby created a Plumbing Appliance Dealers' - Installers' Examining Board, hereafter referred to as the "Appliance Board," which shall consist of three (3) members. one member shall be the Building Official; one member a licensed Master Plumber; and one member a licensed Appliance Dealer. With the exception of the Building Official, the members of the Appliance Board shall be appointed by the Mayor to serve until his successor shall have been appointed. 1707.31 Duties of the Appliance Board - It shall be the sole right and duty of the Appliance Board to examine applicants for license as Appliance Dealer or Appliance Installer, and the duties and authority of said Appliance Board shall be the same as those of the Plumber's Examin- ing Board as set forth in 1707.1; provided further, how- of any Appliance Dealer or Installer who has performed Plumbing work other than that permitted under his license. SECTION 1708.0 PLUMBER'S LICENSE Any person who desires to do plumbing work within the corporate limits of the municipality shall secure from the muncipality a license as a Master Plumber as defined in 1704.71, as a Journeyman Plumber as defined in 1704.72, as an Appliance'Dealer as defined in 1704.73, as an Appliance Installer as defined in 1704.75, or shall register as a Plumber in Training in accordance with provisions as set forth in 1704.74. 1708.1 Application - Every person desiring to secure a license as a Master Plumber, as a Journeyman Plumber [or], as an Appliance Dealer or as an Appliance Installer, shall make application therefor upon a form furnished by the Building Official, provided, however, that in case of a firm, partnership or corporation, such application shall be made by a duly authorized and designated agent of such firm, partnership or corporation. 1708.24 Appliance Installer - An applicant for an twenty -one (21) years of age, shall be of good characte: shall successfully pass the examination herein required and shall be employed by a duly licensed Appliance Dealer as herein provided for. 1708.31 Form - The examination of applicants for license shall be in such form as [the] each Board may deem necessary to determine fitness and ability of the applicant, in accordance with the rules and requlations as established by said Boards [; except that applicant for Appliance Dealer's License, and all Appliance Installers, shall be given a written examination to determine his fitness and ability to install water soft- eners, water heaters, automatic clothes washing machines, and garbage disposals in one- and two - family dwellings only. The Board to give said examination shall consist of the Building Commissioner, one (1) Master Plumber and one (1) Appliance Dealer, said appointments to the Board to be made by the Mayor, and they shall serve until their successors are appointed.) If the applicant shall, in the opinion of the Board having jurisdiction, have satisfactorily passed the examination, said applicant shall be entitled to a license. 1708.33 Exceptions - The provisions of this Code requir- in4 examination do not apply to any Master Plumber, or Journeyman Plumber qualified and licensed under the provisions of an ordinance or code heretofore in effect [.l; nor to any person who can show to the satisfaction of the Appliance Board that he has been doing work as an Appliance Dealer, as herein defined, in St. Joseph cn,.,n +b fir a neriod of two (2) vears prior to the i 1708.4 Issuance of License - The Plumber's Examin- ation Board or the Plumbing Appliance Dealers' - Install- ers' Examining Board shall present each successful applicant with a certificate stating that said applicant is entitled to a license as Master Plumber, Journeyman Plumber, [or as a] Plumbing Appliance Dealer [.] or as a Plumbing Appliance Installer. Upon receipt of said certificate, along with bond and fee herein required, the City Controller shall issue license to said success- ful applicant. The license as issued shall be in the name of the successful applicant and in the event the applicant is an employee of a company or corporation] may show the name of the employer. No license as such shall be issued in the name of a corporation or company. 1708.41 Fee - The fee for Master Plumber's license shall be fifty($50.00) Dollars. The fee for Appliance Dealer's license shall be Fifty ($50.00) Dollars. The fee for Journeyman Plumber's license shall be five($5.00) dollars. The fee for Appliance Installer's license shall be five ($5.00) dollars. 1708.43 Expiration and Renewal - All licenses issued under the provisions of this Code shall expire on December 31st of each year, but may be renewed, upon approval of the Board having jurisdiction, before March lst of each year by submitting to the City Controller a. certificate of approval from said Board and a renewal fee of fifteen ($15.00) dollars for Master Plumber's license, fifteen ($15.00) dollars for Appliance Dealer's license, [and] two ($2.00)dollars for Journeyman Plumber's license [.1 and two ($2.00) dollars for Appliance Installer's license. SECTION XI That Ordinance No. 4082 is hereby repealed in its entirety; SECTION XII That if any provisions, section, sub - section, or part of a section of this Ordinance or of the Basic Code shall be declared to be unconstitutional or invalid, such partial invalidity shall not be construed to effect the validity of the remainder of the Ordinance or the Basic Code, and all other provisions thereof shall remain valid and enforceable; SECTION XIII And that this Ordinance shall be in full force and effect from and after its enactment, its approval by the Mayor and its publication as required by law. a merWer of Common Council JUN '62 AM `°'t s F I L E D CIFY OF SOUTH BEND FREGA G. N06LE. CLERK Wet It Zed NEADINS GW' z DOMMITTEE DF THE WNgi.E PUBLIC HEARING 3rd READING NOT APPROVED REFERRED PASSE0 C1