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HomeMy WebLinkAbout9902-09 Amend various articles and sections of Chapter 6, and to add Section 6-4.7 Time Limitation on permitsORDINANCE No. 9902-09 Passed by the Common Council of the City of Soutlr Bend, Indiana February 9, 2009 Attest: Attest: Presented by me to the Mayor of the City of South Bend, Indiana February 10, Approved and signed by me February 10 , 2009 City Clerk President of Common Council City Clerk Mayor ORDINANCE NO. ~ ~ ~ ~'~ 1 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO AMEND VARIOUS ARTICLES AND SECTIONS OF CHAPTER 6, OF THE SOUTH BEND MUNICIPAL CODE AND TO ADD SECTION 6-4.7 TIME LIMITATION ON PERMITS, AND SECTION 6-26 LOW VOLTAGE CONTRACTOR REGISTRATION STATEMENT OF PURPOSE AND INTENT On December 31, 1991, the City of South Bend and the County of 5t. Joseph entered into an agreement to merge their building departments; and further created the "consolidated Building Board". In 1993, by Ordinance No. 8412-93, Subsection 1, the Board created the Building Department as an enterprise fund. It has been determined that in order to maintain the enterprise fund, a fee increase will be needed as set forth in this ordinance. In addition, advanced technology has created a need for regulations and inspections of low voltage installations as set forth in this ordinance. Further, the increasing public demand on the Department to provide documentation for various zoning regulations and compliance has created a need for fees to cover costs of providing those documents. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Chapter 6, Article 1, Section 6-4.1 of the South Bend Municipal Code shall be amended to read in its entirety as follows: Sec. 6-4.1. Filing Fees-antl Improvement Location Permits, and Document Processine/I'reparation Fees. The fees levied by this section shall be paid prior to the issuance or acceptance by the Building Commissioner of any petitions filed with the Board of Zoning Appeals, a~ Improvement Location Permits. or written documents on zoning and uses as regulated by Chapter 21 ~of the South Bend Municipal Code Document nrocessinc fees shall he raid prior to the issuanet~ os documents includinc but not limited to verifvin zoning, le{ al non-conformine uses. lirts o _re.c~rcl~s_rehuilci letters. (1) Board of Zoning Appeals: a. Variances and Appeals - $85.00 b. Special Exceptions - $300.00 (2) Improvement Location Permit: a. First Term: $20.00 b. Renewal: $20.00 (31 _ Document Processing;/Preparation Fce~: a. Zoning Verification Only -``;25.00 ____.___________.___(h.)_ AI_I Othe~.Docutnci~ts__ $50,(?O Section II. Chapter 6, Article 1 of the South Bend Municipal Code shall be amended to include a new Section 6-4.7 titled Time Limitation on Permits to read in its entirety as follows: Section 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 Chapter 21 Zoning 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. (c) If work is not completed within two (2) years from the date of issuance, a new permit shall be required The fees for buildin~~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, andlor wiring being installed or performed in accordance to the fees listed for that work in this Chapter. Section III. Chapter 6, Article 2, Section 6-6.3(c) of the South Bend Municipal Code shall be amended to reading its entirety to read as follows: Section 6-G.3 Demolition Permit and Registration. (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 dollars ($100.00). Said registration shall be for a term of one (1) year f•-^~r *'~° ~'^*° ^f ~°°~~^^^° commencinc on t11e 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, with the exception of building 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 6-6.3(d). 2 Section IV. Chapter 6, Article 2 Section 6-6.5(c) of the South Bend Municipal Code shall be amended to read in its entirety as follows: Section 6-6.5 c"t., n'....,,:*~• Sign Contractor Registration. (c) All persons, firm, or corporation erecting signs in the City for r°^•~~~~°•'~'~^~ remu:~~era.t.~n shall be registered with the Department. Registration shall be on forms provided by the Department and be accompanied by a five thousand dollars ($5,000.00) 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 sin root of l~ab~lit insurance ~;z~~-a~-Te ~••°~' '~~~-C'~~~te~-''~1-or~h~Sau ~-B°~:Q 1~4u~iE-~p~.; in the amount` o{~ one hundred thousand dollarti (S 100 000.00) ner person three hundred thousand dollars 0300 000.00) ner occurrence, and fifty thousand dollars (~SO~OQO.00) pet property dama,_,e to save and keep the City harmless from any claims damages, liabitities_to5tie5__ actions suits or iud~ments which may he brought presented sustained or obtained a~`ainst the City or its officials because of negligence of the sign hanger, contractor or his agents, or b~~ reason of defects in the constriction, or damages resulting from the collapse or failure of any sign, and payment of a registration fee of one hundred dollars ($100.00). Said registration shall be for a term of one (1) year f^^, *'~° ~'~*° ^f ~°~•~~~^^° commenei_n~ on the effective date of the surety bond. Section V. Chapter 6, Article 6, Section 6-23(h)(1) of the South Bend Municipal Code shall be amended to read in its entirety as follows: (h) Term of license; rene-val: (1) Term: The term of each license under this article is from the effective date of i:~z==s~ ^~ ~ ^^•••'~~°n°° the suret~t~o~id and for twelve (12) months thereafter. Section VI. Chapter 6, Article 6, Section 6-24(c) of the South Bend Municipal Code shall be amended to read in its entirety as follows: (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 being twenty dollars ($20.00). (1) Temporary service for construction: All amperage $ 7.00 (2) Switchboards and panel boards each, new and replaced: 3 60-amp $ ~:9f17.00 100-amp ?A8 9.00 200-amp Ll~ 1.,2..OQ. 400-amp -1-i(~(3 15.00 600-amp ~A8_20.Q0 Over 600-amp to 2,000 amp ~84~ 25.00 Over 2,000 amp ~9 50.00 (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)_____Pool wirinc and/or bondin~T ''0.00 (6) Rcnair, extension, and/or _Maintenance of wiring X0.00 ~)_~ Reset, relocation and reconnect fees, each 20.00 (-~~8_ Each re-inspection fee 25.00 (-~_~9 _ Each additional final inspection 50.00 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 known. Section VII. Chapter 6, Article 6 of the South Bend Municipal Code shall be amended to include a new Section 6-26 titled Low Voltage Contractor Registration to read in its entirety as follows: Section 6-26. Low voltage contractor Registration. It shall be unlawful to engage in business in the City as a contractor installing low voltage wiring, without first having registered as required by this article. Section 6-26.1Definitions. 4 The term "low voltage contractor" for the purpose of this article, shall mean and include anyone engaging for remuneration in the business of installing low voltage wiring, including but not limited to security fire burglary and surveillance systems; video/audio cable, data, CATV, Fiber Optic, and telephone cables.- Section 6-25.2. Regulations. (a) Any contractor engaging for remuneration in the installation of low voltage wiring shall be construed as doing business as a low voltage contractor. (b) It shall be the duty of all low voltage contractors to comply with the Electrical Code adopted by the City of South Bend. (c) Failure to comply with the Electrical Code and all other applicable local, state and federal laws and regulations, shall be grounds for suspension or revocation of a low voltage wiring_permit issued hereunder, and may be grounds for refusal to renew the low voltage contractor registration. Section 6-26.3 Registration. (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 Officer of the Building Commissioner. Such registrations shall be reviewed by the Building Commissioner or his representative, as to their content and applicability and shall be reviewed on an annual basis. (b) Fees. The annual fee for a low voltage contractor registration shall be one hundred dollars ($100.00). (c) Surety Bond. Each applicant for regLtration 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 electrical 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. (d) 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. Section 6-26.4 Permits. (a) Required in advance. No person shall perform or cause to be performed the installation or alteration of any low voltage wiring, on or within any building, structure, or premises within the City without obtaining, in advance, a permit from the Building Department. (b) Penalty. 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 or in any other relevant section of the South Bend Municipal Code, nor from compliance with any relevant provisions of the South Bend Municipal Code. (c) Fees. Each application for a permit for installation or alteration of low voltage wiring shall be accompanied by fees in accordance with the schedule below, with the minimum permit fee of twenty dollars ($20.00). (1) Outlet, termination, and/or jack, each $3.00 Section VIII. Chapter 6, Article 7, Section 6-36.2(g)(1) of the South Bend Municipal Code shall be amended to read in its entirety as follows: (g) Term of license; renewal: (1) Term. The term of each license under this article ~~-fry=~-tr~ c2m_mences on the effective date of ~°°•~^^^^ ^F ^ ^°~~•'~^°^°° the surety bond and is for twelve (12) months thereafter. Section IX. Chapter 6, Article 11, Section 6-50(c) of the South Bend Municipal Code shall be amended to read in its entirety as follows: Section 6-50 Prelicensing Registration Process. (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 ~iss~ance the surety bond. Section X. This Ordinance shall be in full force and effect from and after its adoption by the Common Council, approval by the Mayor, and any publication required by law. Member, South Bend Common Council Atte k 6 Presented by me to the Mayor of the City of South Bend, Indiana on the (..~~' day of ~ 2-~v~.s.~,c,~ , 2 Avg, at ltd `-`~ S o'clock mac- _. m. City C k ~ ,at.~ yc. Approved and signed by me on the ~_ day of ~-'~ , 2~, at jz;,30 o'clock ~, m. Mayor, City o outh Bend, Indiana F:\DATA\SHARE1Legal\Wpdata\AMD\Ordinances\Building Ord 010809.doc ~,Z~_o~ 1 st READING PUBLlC NEARING Z'~ _vQ 3rd RfAD;P~G Z-~-~~E NOT APPROVED REfERRED PASSED 2. ' ~ " a~ ,! ^:, ~~: 7. 0 2009 .~:~ f TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 06-09 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO AMEND VARIOUS ARTICLES AND SECTIONS OF CHAPTER 6, OF THE SOUTH BEND MUNICIPAL CODE AND TO ADD SECTION 6-4.7 TIME LIMITATION ON PERMITS, AND SECTION 6-26 LOW VOLTAGE CONTRACTOR REGISTRATION Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. Ann Puzzello Chairperson, Committee of the Whole BUILDING DEPARTMENT JAMES D. MARKLE, R.A. Design/Plan Review Specialist January 12, 2009 The Honorable Derek Dieter South Bend Common Council 455 County-City Building South Bend, IN 46601 125 S. LAFAYETTE BLVD. SUITE 100 SOUTH BEND, IN 46601 (574) 235-9554 TDD 574-235-5567 FAx 574-235-5541 CHARLES C. BULOT BUILDING COMMISSIONER RE: Intent of Filing for Changes Chapter 6, Building, of the South Bend Municipal Code Dear Mr. Dieter: MARK A. LYONS Asst. Zoning Administrator On December 31, 1991, the City of South Bend and the County of St. Joseph entered into an agreement to merge their building departments; and further create the "Consolidated Building Board". In 1993, by Ordinance No. 8412-93 subsection 1, the Board created the Building Department as an enterprise fund. It has been determined that in order to adequately maintain the enterprise fund, a fee increase would be needed as set forth in this ordinance. In addition, advanced technology has created a need for regulations and inspections of low voltage installations as set forth in this ordinance. Further, the increasing demand for formal documentation of various zoning regulations and compliance has created a need for fees related to processing of these documents. All document fee increases are based on 2008 year-end average hourly overhead costs for one-hour and two-hour processing times. I intend to present these changes at the next available scheduled Common Council meeting. Feel free to contact me if you have any questions. Sincerely, Charles C. Bulot Building Commissioner Fiacd n er~:'~ C~~~i~e JA~1 2 0 2009 JOI,~I 1EO~:IIDFIn, IN.