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HomeMy WebLinkAbout1987-OR-53 ~TY OFJEFFE~ONVILL~ AN ORDINATE REGULATING HE CONS~TION, ALTERATION, REPAIR, LOCATION AND USE OF BUILDINGS AND s~UCTURES IN HE CITY OF JEFFERSONVILLE, INDIA~ PROVIDING FOR THE ISSUANCE OF pERMITS ~ERE~RE; pRoVIDING PENAL~ES FOR HE VIOLATION THEREOF~ AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED by the Common Council of the City of jeffersonville, Clark County, Indiana as follows: SECTION I: ADOPTION. This Ordinance is hereby adopted pursuant-to provisions of Indiana Law I.C. 22-11-I, 36-7-2 and I.C. 36-7-10. Wis OrdinanCe shall repeal Ordinance No. 1555-1961 and all amendments thereto and shall become Chapter 150 of the Code of Ordinances of the City of jeffersonville, SECTION 2: sECTION SECTION Indiana. TITLE. This Ordinance, and all ordinances ~uppl~mental or amendatory heretO, shall be known as the "Building Code of the City of jeffersonville, will he Indiana , may be cited as such, and referred to herein as "this Code". 3: PURPOSE. The purpose of this Code is to provide minimum standards for the protection of life, limb, health, environment, public safety and welfare and for the conservation of energy in the design and construction of buildings and structures. ~: AUTHORITY. The City Buildin~ Commissioner ~nd his duly authorized representatives are hereby authorized and directed to administer and enforce all of the provisions of this Code. Whenever in this Code, it is provided that anythinE must be done to the approval of or subject to the direction of the Commissioner, his duly authorized representatives or any other officer of the 8uilding Commission, this shall be construed to Exve such person only the discretion of determininf whether the rules and standards established by ordinance have been complied with; and no such provision shall be construed as Eiving any officer discretionary powers as to what such regulations, codes, or standards shall be, or power SECTION SECTION to require conditions not prescribed by ordinances or to enforce ordinance provisions in an arbitrary or discriminatory manner. SCOPE. The provisions of this Code apply to the construction, alterations, repair, use, occupancy maintenance, demolition, moving and additionS to all buildings and structures, including fences, in the City of jeffersooville, Indiana. ADOPTION O__FBUILDIN~ RULES. CODES, AN__~DSTANDARDS BY REFERENCE.. Building 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 (ordinance, chapter, code) and shall include later amendments to those Articles as the same are published in the Indiana Register or the Indiana Administrative Code with effective dates as fixed therein: 1. Article 13 - Building Codes (a) Fire and Building Safety Standards (675 IAC 13-1) (b) Indiana Building Code (675 IAC 13-2) (c) Indiana Building Code Standards (675 IAC 13-3) (d) Indiana Handicapped Accessibility Code (675 IAC 13-4) 2. Article 14 - One and Two Family Dwelling Codes (a) Council of American Building Officials One and Two Family Dwelling Code (675 IAC 14-1) (b) CABO One and Two Family Dwelling Code; Amendments (675 IAC 14-2.1) (c) Standard for Permanent Installation of Manufactured Homes (675 IAC 14-3) 3. Article 14 - Plumbing Codes (a) Indiana Plumbing Code (675 IAC 16-1) -2- SECTION Article 17 - ~lectrical Codes (a) Indiana Electrical Code (675 IAC 17-1.1) (b) Safety Code for Health Care Facilities (675 IAC 17-2) 5. Article 18 - Mechanical Codes (a) Indiana Mechanical Code (675 IAC 18-1) 6. Article t9 - Energy Conservation Codes (a) Indiana Energy Conservation Code (675 IAC 19-1) (b) Modifications to the Model Energy Code (675 IAC 19-2) 7. Article 20- Swimming Pool Codes (a) Indiana Swimming Pool Code (675 IAC 20-1) Copies of adopted building rules, codes and standards are on file in the office of the Building Commission. APPLiCATION FO_O__R_RPERMITS' The Building Commissioner or his duly auth~rized~epresentative may require as a part of the application for a permit the submission of a plat of the proposed location showing -3- sECTION lot boundaries and plans and specifications showing the work to be done. Ail Plans and specifications for construction under the authority of the Fire Prevention and Building Safety Commission must also be filed with the State Building CommiSsioner. No local permits shall be issued hereunder until a copy of a Design Release for construction from the State Building Commissioner and a copy of the plans and specifications approved and stamped by the State Building Commissioner are received by the Building Commission. pERMIT REQUIRED. All Building Permits and Mechanical permits are required to be obtained prior to commencing work from the Building CommisSion in the following instanceS: ~Permit 1. Ail Construction, alteration, remodeling or repair of any buildinf or structure, the cost of which exceeds one hundred dollars ($I00.00). 2. Ail roofinf and sidin~ installationS. 3. The demolition of any building or structure. ~. The moving of any building or structure. 5. The construction of a public swimming pool. 6. The installation of a modular or manufactured home on a permanent foundation. Electrical ~ermit_ The installation, alteration, extension or replacement of electrical wiring, panels and devices within the service area of Public Service Indiana' including all new, temporary or replacement electrical service provided by Public Service Indiana, new or replacement electric distribution panels, wirin~ for. additional circuits, rewirin~ and circuit replacement, and wiring for appliances and equipment including sifns. The installation, alteration, extension or replacement of all heating and air conditioning systems, equipment, apparatus or devices, The installation, alteration, extension or replacement of ell plumbing, piping, fixtures, appliances and appurtenances in connection with sanitary drainage, liquid waste and sewerage systems, venting systems and water supply systems. The installation of all new or replacement water heaters, regardless of cost. The installation or replacement of tanks and dispensin~ equipment for flammable and combustible liquids or gases. Mechanical Installation Permits are not required in the following instances: (a.) The installation or replacement of liquid petroleum gas (LPG) storage facilities having a total capacity of not ~ore than four thousand (~,000) gallons and no single tank having a capacity of sore than two thousand (2,000) gallons measured as gallons of water. (b.) The installation of replacement of storage tanks for Class I, II, IIIA or IIIB liquids, having a capacity of six hundred sixty (660) gallOnS or less, that meet the requirements of Section ~-2 of National Fire Protection Association (NFPA) Standard 30 as incorporated by reference in 675 IAC 22-1. (c.) Public Utilities: Installation of public utilities with respect to construction, maintenance and development work performed in the exercise of their public function. (d.) Railway Utilities: Installations of electrical equipment employed by a -5- railway utility directly in the exercise of its functions as a public carrier and located outdoors or in' buildings used exclusively for that purpose. (e.) Portable Appliances: The installation of a portable heating appliance or of a portable air conditioning appliance. (f.) Radio Transmitting StationS: Equipment used for radio transmission, whether erected on a building or on the ground. Such exception does not extend to equipment and wiring for power supply and the installation of radio towers and antennae and grounding means. (g.) Maintenance: The maintenance or servicing of an existing electrical, heating, air conditioning, fire-extinguishing, fire-alarm or plumbing system or flammable and combustible liquid or gas tsnk and dispensing equipment for the purpose of maintaining it in safe operating condition in conformance with the provisions of this Code. (h.) Well Drilling and Water Softening Equipment: The drilling of wells and the installation of pumps, pressure tanks and piping incidental to a well system. The installation of water softening equipment. Permit Obtained. PrioLToCommencinB Work. It shall be the duty of the property owner, or his authorized agent to obtain all necessary permits before any work has been scatted. Except that in cases where this Code requires that work be performed by a licensed contractor it shall be the responsibility of the licensed contractor to obtain all necessary permits prior to commencing work. Permit To B_~e Posted On Site A Building Permit Card shall be required to be posted on the job site in a conspicuous place -6- E® in full view of the public durin~ the construction, alteration, remodelin~ or repair of a buildin~ or structure until said work shall be completed and finally inspected. A copy of the respective Permit shall be required to be available on the job site pendin~ inspection. ChanRes Not. To Be Made I_g_nPlans After Permit Issued. No chan~e shall be made in any plans, specifications, or construction, after the plans and specifications have been released by the State BuildinE Commissioner and/or a Buildin~ Permit or Mechanical Permit has been issued, unless such chan8e is approved in writin~ by State Buildinf Commissioner and/or by the Department of BuildinE Commission. Non-Conformit~ToLaw Discovere~ After Permit Issued Or Plans Approvedt The issuance of a Permit pursuant to the provisions of this Code or the approval of plans, prints, or specifications, shall not be deemed to authorize any erection, construction, alteration or repair, or the performance of any work, in violation of any of the provisions of this Code, nor shall such issuance or approval, be a quaranty, warrant or assurance to any person that any such plans, print or set of specifications, are in conformity to the provisions of this Code and to all laws and Ordinances. Upon the discovery of any departure of any such plans, print, or specifications, from the requirements of this Code, such departure shall be corrected immediately, and the erection, construction, repair or work shall be made to conform to the provisions of this Code. Expiration Of Permits. Every Permit shall expire by limitation if active work shall not have been commenced within sixty (60) days of the date of issue thereof. If the work authorized by such Permit is suspended or abandoned at any time after work is commenced, for a period of ninety (gO) days, such work shall be recommenced only after the issuance of a new permit. -7- H® SI~CTION 9_:.. sECTION, 10. If no construction has begun above the foundation of a proposed buildinE or structure within one (1) year of the date of issue of the Permit, the Permit shall expire by limitation. Revocation Of ~Permi¢. The City Building Commissioner or his duly authorized representative may revoke a permit if it is determined that the permit was issued in error or in violation of any rules of the State of Indiana or provisions of this Code or if the permit is based on incorrect or insufficient information or if the person to whom the permit was issued ceases work and abandons the job prior to said Job being completed and finally inspected. A written Notice of Revocation shall be served on the person who obtained the permit and the owner of the property either by delivery in person or Certified Mail. OTHER ORDINANCES. Ail work done under any permit ~ssued hereunder ~hall be in full compliance with all other Ordinances pertaining thereto, and in addition to the fees for permits hereinafter provided for, there shall be paid the fees prescribed in such Ordinances. FEE SCHEDUL~ A. Fees. Pai~T°Cit~Clerk-Treasurer' 1. Ail fees for permits required to be paid by any section in this chapter, or elsewhere in this code shall be paid to the City Clerk-Treasurer when such permits are issued by him, with the approval thereof by the Building Commissioner. 2. The permit fee for all publicly owned structures or structures owned and wholly occupied by religious or non-profit organizations shall be one-half the fee as stated in any section of this chapter. B. Fees For. New. Construction, Additions, ~lterations. For Repairs.%. Fees for the issuance of the various permits provided for by this code, and for various kinds of construction work and inspections shall be as follows: 1. For each building permit covering the original construction of any building or structure, the fees shall be as follows: (a.) Residential Construction. For all residential Construction the fee for permits shall be (.02 centS) two cents per square foot of livinf area including garage area if applicable. Porches if not enclosed excluded from square footage charge. Square footage shall 5e calculated by the extreme outside dimensions of the structure. Basements and attics shall be excluded from square footage charge if unfinished. (b.) Commercial.. Construction, For all commercial construction the fee for permits shall be (.03 centS) three cents per square foot of floor area up to 15,000 square feet. Any square footage 15,001 square feet and over shall be (.03 1/2 centS) three and one half cents per square foot of floor area. (c.) Detache~ The fee to erect a detached residential garage or carport shall be ($8.50) eight dollars and fifty cents per car space. (d.) Utilit~~' The fee to erect a utility building up to 144 square feet shall be ($3.40) three dollars and forty cents. 145 square feet and up shall be $5.00 (five dollars). 120 square and over must be on a foundation. (e) For each building permit covering alterations, repairs or additions to any building or structure, the fee shall be ($3.40) tSree dollars and forty cents for each fraction thereof of the written estimated costs from ~he building contractor. In no event shall this fee be less than ($15.00) fifteen dollars. Movin~ Structures. The fee for a permit to move any building of two (2) stories or less on or over any street, alley, or public highway shall be ($200.00) two hundred dollars. Intentions must be approved by the Board of Public Works and Safety before a moving permit may be issued by the Building Commissioner. -9- (a.) (b.) The fee or a permit to move any structure upon a self-powered moving vehicle shall be ($20.00) twenty dollars. Intentions must be approved by the Board of Public Works and Safety before a moving permit may be issued by the Building Commissioner. The fee for a permit to move any building from one location to another on any one Zot shall be ($4.00) four dollars. 3. Foundation Permit. A foundation permit for the new location shall be required and shall be determined by cost of work at the rate of ($4.00) four dollars per ($I,000.00) one thousand dollars of cost or fraction thereof. Wrecking. The permit fee to wreck any structure shall be ($.10) ten cents per (I,000) one thousand cubic feet of contents as figured for new structures. The minimum permit fee to wreck any structure shall be ($4.00) four dollars. A minimum permit of ($~.00) four dollars only is required for condemned structures. Tents. The fee to be charged for a permit to erect a tent shall be ($2.00) two dollars. Any permit to erect a tent shall require prior approval of the Board of Public Works and Safety and the Commissioner of Buildings and the Chief of the Fire Department, and shall be issued for a period of not to exceed (30) thirty days any one year. 6. Flues or Smokestacks. The fee for a permit for the erection or alter- ation of a steel or brick stack or flue shall be as follows= (a.) 256 square inches or less, on cross section of free area for flue gases - ($4.40) (b.) 257 to 500 square inches, ~n cross section of free area for flue gases - ($6.60) (c.) Over 500 square lnches, in cross section of free area for flue gases - ($11.00) -10- ® Marquees and Permanent AwninR~. Projection Over Public Property. The permit fee shall be at the rate of ($5.00) five dollars for the first (100) one hundred square feet of covered area and ($1.50) one dollar and fifty cents per each additional (100) one hundred square feet or fraction thereof. The permit fee for the erection of line fences shall be at the rate of ($4.40) four dollars and forty cents for the first (100) one hundred lineal feet of such fence, or fraction thereof, and ($1.00) one dollar for each additional (100) one feet or fraction thereof. (Ord. No. 67-0B-3, 2-6-671 Ord. No. 70-OR-11, 7-6-70). C. Si~ns; Fees For New Erections. The fees to be charged for the erection of all signs, or advertising display, shall be as follows: I. Ground Sign Boards The first 50 sq. ft. or fraction thereof $ 8.00 From 50 to I00 sq. ft. 12.00 From 100 to 200 sq. ft. 20.00 Over 200 sq. ft., for each additional 50 sq. ft, add 5.00 2. Roof Signs: Up to and including 250 sq. ft. in area $20.00 Over 250 sq. ft., add 10.00 3. Wall Bulletins and Wall Signs: For the first 16 sq. ft. $ ~.00 From 16 sq. ft. up to and including 200 sq. ft. 8.00 For each additional 100 sq. ft, or fraction thereof, over 200 sq. ft., add ~.00 -11- Projecting Signs: Up to and including 20 sq. ft. in area $ 8.00 For each additional 20 sq. ft., or fraction thereof, add 6.00 5. Banners: For each 100 sq. ft., or fraction thereof ~.00 The area of (2) two or more advertising displays, when their combined areas are less than the minimum for their class, shall not be added or included in one permit, but a separate permit shall be taken for each display. Each face shall be calculated ~n determining total fee. Any sign .~r advertising display that shall be taken down temporarl y from its fastenings or supports or replaced in any manner, shall be considered as ~ new sign or display, and an erection permit shall he required, as for a new installation before such sign or advertising display shall be re-erected. Ail wiring for signs must be done in accordance with the provisions of the Indiana Electrical Code. (Ord. No. 67-0R-3, 2-6-67) Ord. No. 68-0R-5, ~-1-68). -12- De Fees'For Electrical Permits. 1. Residential-Single Occupancy Only. New or replaced service entrance $.20 per AMP New Double or Multi-OccupancY. Residential and Commercial Building New or replaced service entrance $.30 per AMP Industrial Buildings. New or replaced service entrance $.~0 per AMP Additioas or Repairs to any Building not requiring new or replaced service entrances $15.00 per inspection Fee~For Plumbin~ Permits.. 1. For a permit for the installation and inspection of new work, the fees shall be as follows~ First Fixture $10.20 Each additional fixture up to and including 50 fixtures Above 50 fixtures A fixture shall be defined as any receptacle intended to receive and discharge water, liquid, or water carried soil and for wastes into drainage system with which they are connected. 2. Process plping such as Sprinkler Systems shall be ($3.~0) three dollars and forty cents per ($I,000.00) one thousand dollars or fraction thereof. 1.60 .80 -13- 3, The fee for replacement of existing plumbing fixtures and existing water services shall be ($3.40) three dollars and forty cents excepting replacement of garbage disposals. (When electrical system is grounded to metallic water service and water service is changed to plastiC, it is the responsibility of the installer of the plastic service to see that the electrical service is grounded properly.) (Ord. No. 70-0R-11, 7-6-70). 4. Addition or Repairs to any building not requiring new or replaced plumbing ($15.00) fifteen dollars per inspection. Fees For Fuel StoraRe Tanks an__dGasoline 1. Fuel storage tanks for flammable liquids or other liquids. For a permit for the installation of fuel storage tank or tanks for flammable liquids or other liquids, the fee shall be as follows: (a.) Up to 300 gallons capacity $ ~.~0 (b.) 300 gallons to 1,100 gallons 8.80 capacity (c.) 1,100 gallons to 25,000 gallons 13.20 capacity (d.) Over 25,000 gallons capacity 17.60 2. Gasoline or Other Flammable Liquid Dispensers: The fee shall be ($20.00) twenty dollars for each dispenser. The fees of paragraphs (I) and (2) shall 5e payable in addition to any fees required by any other subsection of this fee ordinance. (Ord. No. 67-0R-3, 2-6-67; Ordo No. 68-0R-5, 4-I-68). G. Fees For~MachinerYl Refriferation Machinery o_!_rEquipmen~.Wher~ Compressor. I__sRemote From Lo~ Pressure. ~ide~. ~. Up to and including one horsepower of $4.00 prime movers rating 2. Over one horsepower and up to and including three horsepower of prime 6.00 movers rating -14- He These foes are based on individual compressor units) provided~ however, that no permit shall be required for the installation of any self-contained refrigerating unit in which 5otb the high pressure side and the iow pressure side are assembled as one unit in the same cabinet or structure by the manufacturer, except as provided hereinafter specified for BTU output up to 300,000 BTU. (Ord. No. 67-0R-3, 2-6-67; Ord. No. 4-1-68) Fees. For Heatin~ Permits... 1. The fees for heating, air conditioning and ventilating are as follows: (a.) Forced warm air system heating permit $ 8.60 8.60 (b.) Blower (c.) Each supply and return outlet .80 (d.) Wall stack inspection 3.40 including PVC flues 2. Conversion Permit. The fee for a conversion permit, any fuel shall be ($8.70) eight dollars and seventy cents. 3. (a.) The fee for a floor furnace, unit heater or wall heater shall be ($5.00) five dollars. (b.) The fee for a fas-fired incinerator shall be ($4.00) four dollars for commercial and ($2.00) two dollars for domestic. (c.) The fee for a 8as-fired commercial clothes dryer shall be ($~.00) four dollars. 4. Permit fees for heating boilers for steam, hot water and radiant heat: Group. I. Heating boilers (low pressure) of a capacit-~ to supply a net load of (1,500) one thousand five hundred square feet or less of direct steam radiation, or the equivalent, ($15.00) fifteen dollars. GrouR. 2. Heating boilers (low pressure) of a capacit-~ to supply a net load of more than {I,500) one thousand five hundred square feet of direct steam radiation, or the equivalent, ($30.00) thirty dollars. -15- Low pressure boilers are defined as those boilers designed to operate at a maximum safe working steam pressure of (15) fifteen pounds per square inch gauge, or, for water (30) thirty pounds per square inch gauge. Hot water supply boilers will also be classified in those groups for the purpose of this section. Electric Heating System. The heating permit fee for any type of electric heating system shall be charged at the rate of ($8.60) eight dollars and sixty cents each I00,000 BTU or fraction thereof. Fee~ For, Air~ 1. Fees for installation of air conditioning equipment shall be for each ton up to (50) fifty tons ($2.00) two dollars per ton. 2. Window air conditioners shall require a separate electrical circuit and the fee shall be determined as in (1) above. (Ord. No. 67-0R-3, 2-6-67) 3. Addition or repairs to any building not requiring new or replaced HVAC ($15.00) fifteen dollars per inspection. Fee~For~ Whenever so requested, or for any use, it becomes the duty of the Commissioner of Buildings~ on his own motion~ to reinspect, or cause to be reinspected, any building, structure, electrical circuit, machinery device, or apparatus or equipment for combustion, the owner, lessee or tenant, or person in possession or control thereof, or of the premises on or in which the same may be situated, shall pay in advance a fee of ($10.00) ten dollars to the City Clerk- Treasurer, if he requests such reinspection; or he shall pay such fee within (10) ten days after the delivery to him of a certificate certifying that such building, structure, -16- electrical circuit, machinery or device, or apparatUS or equipment for combustion has been reinspected, when it was not done at the request of such person. Unless the fee provided by subsection of this section shall be paid as herein prescribed, no reinspection shall be made when so requested by any such person; or if not paid after reinspection on the motion of said commissioner of buildings and being billed therefor, as aforesaid, such charge may either collected by suit, or be certified by said Commissioner of Buildings to the City Clerk-Treasurer, who shall enter the same on on the tax duplicate of the owner of such nremises, to be a lien thereon and to be ~ollected as taxes are collected. Me Fees~h.~enDoubled. Should any person, copartnership, or any corporation begin work of any kind such as hereinbefore set forth, or for which a permit from ~he bureau of buildings is required by ordinance, without having secured the necessary permit therefore from the bureau of buildings either previous to, or during the day of commencement of any such work, or on the next succeeding day where such work is commenced on a Saturday or on a Sunday or a holiday, he shall, when subsequently securing such permit be required to pay double the fees hereinbefore provide for such permit, and shall be subject to all the penal provisions of this Code. Continued Violation._ The continued violation of any provision of this ordinance shall be and constitute a separate offense for each and every day such violation shall continue. Fees FO__q~r~nnual rnspectio~OfPro~ectin~ The owner, or person in chafee or control of the maintenance of any projecting sign, over (5) five square feet in area and under (I0) ten pounds in weight, or any such sign weighing less than pounds, shall pay an annual inspection fee of ($2.00) two dollars for each and every sign in place at the time such inspection is made. Fees Fo/Annual in~pectioq. OfSi~An~d~ ~Other.~ha~~Signs' An annual inspection fee shall be paid to the City Clerk-Treasurer by every person in possession, charge, or control of any kind of advertising display, other than projecting signs, as follows, to wit~ SECTION 11. Ground sign boards over 32 square feet in area overall Roof Signs Wall bulletins, or wall signs, over 32 square feet in area overall, or of any area when electrically illuminated $ 2.00 6.00 4.00 (Ord. No. 67-0R-3, 2-6-67) O. Periods Covered By Initial Fee and Annual Fee For All Kinds Of Advertising. Display~And Signs. The fee chargeable and paid at the time of the issuance of a permit for the erection of any kind of advertising display, or sign, as provided for in this chapter, shall cover all charges for any such advertising display, or sign, for the remainder of the calendar year in which such permit is issued. The annual inspection fee for any kind of such advertising display, or sign, shall be due and payable on the first of January of the year next following the erection of any such advertising display or si~n, but it shall not be delinquent until (30) thirty days after such annual inspection is made and a written notice thereof is delivered or mailed to the person owning same. When any inspection fees shall be unpaid and delinquent, the person owning same or in control of the si~n, shall be again notified in writing thereof and that unless paid within (1) one week from the mailing of such notice, or its personal service, the Building Commissioner will cause such sign to be removed, at such personts expense. If so removed, no sign shall be replaced, without payment of all arrears due and also the new permit fees. A separate fee shall be paid for each and every kind of sign, or advertising display described in this Code. However, (2) two or more such signs, or advertising displays, may be ~rouped on (i) one inspection slip, and when the fees therefor shall be paid one tag may be issued for the entire group. No reinspection fee shall be required for signs painted on the walls of buildings. REVIEW OF APPLICATION. Prior to the issuance of any permit hereunder, the Building Commissioner or his authorized a~ent shall: -18- SECT O¢ Do Review all permit applications to determine full compliance with the provisions of this Ordinance. Review all permit applications for new construction or substantial improvements to determine whether proposed buildinE sites will be reasonably safe for flooding. Review permit applications for major repairs within the flood plain area having special flood hazards to determine that the proposed repair, (I) uses construction materials and utility equipment that are resistant to flood damage, and (2) uses construction methods and practices that will minimize flood damage. Review permit applications for new construction or substantial improvements within the flood plain area having special flood hazards to assure that the proposed construction (includin~ prefabricated and mobile home), is protected against flood damage, (2) is designed (or modified) and anchored to prevent flotation, collapse, or lateral movement of the structure, flood damage, and (~) uses construction methods and practices that will minimize flood damage. E. Determine if the permit applicant meets the necessary licensing or registration requirements of this Code. INSPECTIONS. After the issuance of any permit hereunder, ~he Building Commissioner or his duly authorized representative shall make inspections of the work being done under such permit as are necessary to insure full compliance with the provisions of this Code and the terms of the permit. Any person, firm or corporation who has obtained a permit from the Building Commission shall be required to request an inspection of the work performed in the following instances. The inspection shall be requested at least twenty-four (26) hours in advance of the need for such inspection. It shall be the duty of the person requesting the inspection to provide access to and ~eans for the proper inspection of such work. The person responsible for performin~ the work or his representative shall be present on the job site durinf the inspection. No portion of any work shall be covered or concealed until inspected and approved. The City shall not be liable for any expense entailed in the removal or replacement of material required to permit inspection. It shall be the responsibility of the person obtaining the permit to insure that all phases of the work are completed before requesting a final inspection. -19- A. The installation of a temporary electrical service on ~ pole. B. Footing and foundation excavations prior to the placement of concrete. C. The installation of all underground and underslab electrical, heatin8 and air conditioning, plumbing systems, tanks and dispensing equipment prior to being covered. D. The construction of structural components of a new buildin8 or structure or of an addition to a building or structure, including floors, walls, ceilings and roof, prior to said structural components being covered. E. The installation of all rough-in and final electrical, heating and air conditioning, and plumbing systems within a building or structure prior to being covered. F. The installation of an electrical meter on a building or structure. G. The final installation of a new or replacement tanks and dispensing equipment for flammable and combustible liquids or ~ases. H. The installation of replacement furnaces, heat pumps, central air conditioning systems, water heaters and dryers. I. The demolition of a building or structure in the following instances: (1) After the basement floor is broken and the water and sewer services are sealed. (2) After backfilling is completed and the site is uniformly graded and all debris has been removed. J. The excavation of an insround swimming pool and the electrical bonding and grounding of all metal components prior to the placement of concrete. K. The installation of a modular or manufactured home on a permanent foundation. -20- SECTION 13. SECTION i~. SECTION 15. No person, form or corporation shall connect or permit to be connected any electrical installation, heating or air conditioning installation or water heater to a source of electrical or flammable and combUstible liquid or gas energy until such installation has been inspected and approved by the Building Commission and a Certificate of Approval has been attached ko such installation by the Department. The Certificate of Approval shall be in the form of a sticker and shall be signed by the Building Commissioner or his duly authorized representative. ENTRY. Upon presentation of proper credentials, whenever necessary to make an inspection to enforce any of the provisions of this Code or whenever there is reasonable cause to believe that there exists in any building, structure or. premises any condition or Code violation which makes such building, structure or premises unsafe, dangerous or hazardous, the Building Commissioner or his duly authorized representatives may enter at reasonable times any building, structures or premises in the City of jeffersonville to perform any duty imposed upon him by this Code. STOP ORDER. Whenever any work is being done c--~nt~ary t~ the provisions of this Code or whenever satisfactory progress is not being made in correcting work ordered by the Building Commission or his duly authorized representative, said Building Commissioner or his duly authorized representative may order the work stopped on that portion deemed to be in violation, or on the entire project, by posting a Stop Work Card on the job site. Any person, firm or corporation who shall continue any work on a stopped project, or portion thereof, other than corrective work, shall be liable to penalty for violations es set forth in this Code. Each day, or portion thereof, of any continued work shall be considered a separate offense. CERTIFICATE OF OCCUPANCY. After the adoption of this Code, 'i-~shall be unlawful for any owner, lessee or tenant to occupy, use or permit the use of any building, structure or part thereof that is constructed, erected, altered, repaired or the use of which is changed, prior to the issuance of a Certificate of Occupancy by the Building Commission. The fee to be charged for a Certificate of OccupanCy shall be ($15.00) fifteen dollars. -21- sECTION 16. SECTION 17. No Certificate of Occupancy shall be issued unless such buildinf or structure was constructed, erected, altered, repaired or chanfed in compliance with the provisions of this Code. The BuildinE Commission may require that the owner and/or the professional inspectinE architect or enfineer of a construction project submit to the Department, prior to the issuance of a Certificate of Occupancy, a statement indicatinf that the project construction work is substantially complete in accordance with the construction documents released by the State Buildinf Commissioner. Said statement shall also list all remaininf items that require completion or correction. STANDARDS-- Ail work on the construction, alteration and repair of buildinfs and other structures shall be performed in a Eood and workmanlike manner accordinE to accepted standards and practices in the trade. ~ICENSE REQUIREMENTS A. Electrical Examinin~ Board. I. To carry out the provisions of this Section, there is hereby recreated, and also continued, as previously created and established a Board for the examination and licensiaf of persons enfaged in installing electrical systems, to be known as the "Board of Mechanical Controls" of the City of Jeffersonville, Indiana. The Board of Mechanical Controls (referred to below as the Board) shall examine applicants for licenses under this Section, issue Certificates of License to qualified applicants who have paid the prescribed fees and who have passed the examination hereinafter required, and revoke or suspend any license after just cause shown before such Board. 2. Any member of the Board~ so serving under previous appointments at the time this Code takes effect, shall continue to serve pursuant to their previous appointments. Thereafter, the Board shall consist of ten (IQ) members. The members are listed as follows: -22- (a.) Building Commissioner or a representative of his office to serve as an "ex officio" member; (b.) A regularly registered architect of the State of Indiana; (c.) A registered professional engineer of the State of Indiana; (d.) A reputable building construction contractor engaged in business; (e.) A reputable plumbing contractor engaEed in business; (f.) A reputable electrical contractor engaged in business; (g.) The Clark County Health Officer or his representative; (h.) The City Engineer; (i.) A reputable heating, air conditionin~ and ventilating contractor engaged in businesS; (j.) The Chief of the Fire Department or his representative; Members shall serve for a term of one (1) year and shall hold office at the pleasure of the Mayor. Each term shall expire on December 31st of each year. However, each member shall continue to serve until a successor is appointed. Vacancies occurrin~ within a term shall be filled by the Mayor for the unexpired portion of the term. This position is a non-paying position. 3. On the first Wednesday, in February, May, AuEuSt and November the Board shall examine applicants for licenses, provided that any such applications are pending. The Board may also meet at the call of the Chairman of the Board, and provide for examinations at other times. ~. The Board shall keep minutes of all meetings and a record of all licenses issued and shall adopt a printed manual of its rules and regulations for the conduct of meetings and examinations. 5. Five (5) members of the Board shall constitute a quorum for the transaction of business, but any action taken at a meeting shall require the affirmative vote of at least four (~) members. 6. No new license under this Section shall be issued without approval by the Board. -23- B. Electrical License Ail persons performing any installation, alteration or repair of any electrical wiring, devices, panels or equipment in the City of Jeffersonville, or within the service area of Public Service Indiana shall be required to be licensed by the City of Jeffersonville as an Electrical Contractor or shall be in the employ of a licensed Electrical Contractor working under the supervisor, direction and responsibility of said licensed Contractor. Non-transferability and Non-negotiability. Any license issued under this Section may not be transferred, assigned, sold or negotiated to another person. It shall be unlawful to transfer, assign, sell or loan such license to the use of any other person, firm or corporation to enable such person, firm or corporation to work on a job without obtaining the proper license or permit. 0 Issuance of Permits. ~t shall be the responsibility of licensed Electrical Contractors to secure permits required by the provisions of this Code prior to commencing work. Ail work performed pursuant a permit issued to a licensed contractor shall be the sole responsibility of said Contractor and the Contractor's License Bond shall pay all damages, costs and expenses caused by negligence through failure to comply with the provisions of this Code. No licensed Contractor shall allow any other person to do or cause ~o be done any work under a permit secured by said Contractor except persons in his employ. Exemption. No license under this Section is required for the execution or performance of the following electrical work: (a.) Installation of communications systems, installations in recreational vehicles, and installations not covered by the Indiana Electrical Code (current National Electric Code). (bo) (c.) The performance of electrical work in a one-family dwelling by the owner-occupant of the dwelling~ provided, however, ~hat 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, and that said applicant sign such waiver required by the Building Commission. The maintenance of servicing of an existing electrical system for the purpose of maintaining it in a safe operating condition in conformance with the provisions of this Code. Application. Each applicant shall apply in writing to the Board for a license at least fourteen (1~) days before the next scheduled meeting da~e. The application shall include: (a.) (b.) (c.) (d.) (e.) (f.) (g.) (h.) The applicant's name, address, telephone number end age. The applicant's number of years of experience. The applicant's present place of employment. Payment of ($75.00) seventy five dollars for Block and Associates Exam. Askinf applicant if they are familiar with the Indiana Electric Code and/or the Indiana Mechanical Code. Asking applicant if they have been convicted of a felony within past five (5) years. Asking applicant if a judgment has ever been entered against them or a lawsuit ever settled in which they or the firm where they worked for an amount in excess Of $10,000.00. Informing applicant that insurance is required before a license can be granted. -25- Insurance Requirements. Each licenseholder actively employed for hire in the City of Jeffersonville and doing work of their respective trade shall, at the Eime application is made for renewal and/or licensing, provide the Building Commissioner with evidence of liability insurance for each occurrence in the amount of $100,000/$300,000 by an insurance company licensed to do business in the State of Indiana. The following exceptions to this requirement may be allowed= (a.) If the licenseholder is currently employed by a firm that carries insurance on said individual and he does not do work for hire in the City, he, therefore, may retain his license by renewal, and said license being ~ndicated by the office of the Building Commissioner in such a manner that this individual shall not be allowed to obtain permits for work within the City Limits of Jeffersonville without proof of insurance as previously set forth in Ordinance 86-0R-5, except on the premises of the firm maintaining the insurance. (b.) If the licenseholder is currently not actively engaged in plying his trade but wishes to retain his license by renewal, said license shall be indicated by the office of the Building Commissioner in such a ~anner that this individual shall not be allowed to obtain permits for work within the City Limits of Jeffersonville without proof of insurance as previously set forth in Ordinance No. 86-0R-5. 7. Examination. The examinations will he given in the months of March, June, September and December. The examination in the electrical field is the Master Electrician Exam from "Block and Associates that the Board of Mechanical Controls sets forth as an appropriate examination. If any applicant has. obtained a score on the "Block and Associates examination in any other City, that is sufficient to meet the requirements of the Board of Mechanical Control, (70 percentile) that individual may be given a license for that particular trade. -26- Should an emerfency arise, any applicant may, at their own expense, take £he same "Block and Associate examination (Master ~lectrician Exam) at Gainesville, Florida, under the testinf firm's auspices, or in any city where it is offered and the Board of Mechanical Control shall accept the results of that examination for the purposes of issuinf a license. 8. An applicant for an Electrical License shall submit to an examination liven by the examining board or a representative. Such examination shall be Seventy-Five Dollars ($75.00). This fee is a non-refundable fee and shall be retained whether the applicant passes or fails the examination. 9. Ail licenses shall be renewed on or before January 2 of each year. Should a license- holder fail to renew his license within sixty days (60) of that date (i.e., by March 2) the Building Commissioner shall notify that individual by refistered mail, return receipt requested, that he has thirty (30) days in which to renew his license. However, the fee shall be One Hundred Dollars ($100.00) during that thirty (30) day period. Should the licensee fail to renew his license during that period of time, he shall be required to pass the examination for license issuance; provided~ however, that the examining board may, for a food cause shoWn, waive such re-examination. 10. The license fee shall be Seventy Dollars ($70.00) payable on or before January 2 of the following year. This fee shall ¢overn unless the licenseholder fails to obtain his license within the sixty (60) day period set forth in Parafraph 9 above. -27- Cw Heatin~,~ndAi_~.~~License' I. All heating, ventilating and air conditioninf systems, equipment, apparatus, or devices, and all installations, alterations, improvements shall conform to the Indiana Mechanical Code except one and two family dwellings which are governed by the One and Two Family Dwelling Code adopted in Section 6. The installation of all electrical equipment and wiring on connection with any heating, ventilating or air conditioning system, apparatus or device, shall be in accordance with the requirements of the Indiana Electrical Code as already adopted. e Non-transferability and Non-negotiability. Any license issued under this Section may not be transferred, assigned, sold or negotiated to another person. It shall be unlawful to transfer, assign, sell or loan such license to the use of any other person, firm or corporation to enable such person~ firm or corporation to work on a job w~thout obtaining the proper license or permit. -28- ~ssuance of Permits. It shall 5e the responslhility of licensed Heatinf and Air Conditioning Contractors to secure permits required by the provisions of this Code prior to commencing work. All work performed pursuant to a permit issued to a licensed Contractor shall be the sole responsibility of said Contractor and the Contractor's License Bond shall pay all damages, costs and expenses caused by negligence through failure to comply with the provisions of this Code. No licensed Contractor shall allow any other person to do or cause to 5e done any work under a permit secured by said Contractor except persons in his employ. Application. Each applicant shall apply in writing to the Board for a license at least fourteen (I~) days before the next scheduled meeting date. The application shall include: (a.) The applicant's name, address, telephone number and age. (b.) The applicant's number of years of experience. (c.) The applicant's present place of employment. Cd.) Payment of ($75.00) seventy five dollars for Block and Associates Exam. (e.) Asking applicant if they are familiar with the Indiana Electric Code and/or the Indiana Mechanical Code. (f.) Askinf applicant if they have been convicted of a felony within past five (5) years. -29- Asking applicant if a judgment has ever been entered against them or a lawsuit ever settled in which they or the firm where they worked for an amount in excess of $10,000,00, (h.) Informing applicant that insurance is required before a license can be granted. Insurance Requirements. Each licenseholder actively employed for hire in the City of jeffersonville and doing work of their respective trade shall, at the time application is made for renewal and/or licensing, provide the Building Commissioner with evidence of liability insurance for each occurrence in the amount of $100,000/$300,000 by an insurance company licensed to do business in the State of Indiana. The following exceptions to this requirement may be allowed: (a.) ~f the licenseholder is currently employed by a firm that carries insurance on said individual and he does not do work for hire in the City, he, therefore, may retain his license by renewal, and said license being indicated by the office of the Building Commissioner in such a manner that this individual shall not be allowed to obtain permits for work within the City Limits of jeffersonville without proof of insurance as previously set forth in Ordinance 86-0R-5, except on the premises of the firm maintaining the insurance. (b.) If the licenseholder is currently not actively engaged in plying his trade but wishes to retain his license by renewal, said license shall be indicated by the office of the Building Commissioner in such a manner that this individual shall not be allowed to obtain permits for work within the City Limits of jeffersonville without proof of insurance as previously se~ forth in Ordinance No. 86-0R-5. -30- Examination. The examinations will be given in the months of March, June, September and Oecember. The examination in these areas shall be the "Block and AssociateS" examination that the Board of Mechanical Controls sets forth as an appropriate examination. If any applicant has obtained a score on the "Block and Associates" examination in any other City, that is sufficient to meet the requirements of the Board of Mechanical Control, (70 percentile) that individual may be given a license for that particular trade. Should an emergency arise, any applicant may, at their own expense, take the same "Block and AssociateS" examination (Mechanical Contractor Exam) at Gainesville, Florida, under the testing firm's auspices, or in any city where it is offered and the Board of Mechanical Control shall accept the results of that examination for the purposeS of issuing a license. An applicant for a contractor's license shall submit to an examination given by the examining board. Such examination shall be Seventy-Five Dollars ($75.00). This fee is a non-refundable fee and shall be retained whether the applicant passes or fails the examination. Ail licenses shall 5e renewed on or before January 2 of each year. Should a license- holder fail to renew his license within sixty days (60) of that date (i.e., by March 2) the Building Commissioner shall notify that individual by registered mail, return receipt requested, that he has thirty (30) days in which to renew his license. However, the fee shall be One Hundred Dollars ($I00.00) during that thirty (30) day period. Should the ~icensee fail to renew -31- sECTION 18. SECTION 19. his license during that period of time, he shall be required to pass the examination for license issuance! provided, however, that the examining board may, for a good cause shown, waive such re-examination, The license fee shall be Seventy Dollars ($70.00) payable on or before January 2 of the following year. This fee shall govern unless the licenseholder fails to obtain his license within the sixty (60) day period set forth in Paragraph B above. REGISTRATIO~ OF PLUMBING CONTRACTORS. A. Definitions 1. Plumbing means the practice of, and the materials and fixtures used in the installation, maintenance, extension, and alteration of all piping, fixtures, appliances and appurtenances in connection with any structure within the City of jeffersonville. Ail plumbing rules and regulations shall be in compliance with p.L.2~8-1985 [H. 1123. Approved April 16, enacted by the General Assembly of the State of rndiana. WRECKING BUILDINGS. AN~ STRUCTURES.. A. Wreckinf. ~ermit~ Before proceeding with the wrecking or tearing down of any building or structure, in whole or part, a permit therefor shall first be obtained by the owner or his agent from the Building Commissioner, upon a form prescribed by said Department. It shall be unlawful to proceed with such work unless such permit shall have been first obtained. B. ~F°--r ~DamaRe Auld B°dily Injury All persons engaged in the demolition of a building or structure, including the property -32- owner and his agent, shall be liable for any bodily injury or damage to public or private property occurring as a result of the demolition work. Said persons shall indemnify and save harmless the City of jeffersonville against any loss, damage, expense, claim, demand, action, judgement or liability of any kind whatsoever which may arise or result from the demolition work. Before any Demolition Permit is issued to any person, firm or corporation who offers to demolish a building or structure for another person and/or who engages in business of demolition contracting, sal person, firm or corporation shall furnish to the Building Commissioner, a Certificate of Insurance, indicating the appropriate endorsement for wrecking or demolition work. The minimums of such insurance shall be as follows: Each Occurrence A re~ Liability for Bodily Injury $100,000.00 $300,000.00 Liability for Property $100,000.00 $300,000.00 Damage OR COMBINED SINGLE LIMIT COVERAGE AS FOLLOWS: Liability for Bodily Injury and Property $300,000.00 $300,000.00 Damage Minimu~ Standards For pemolition Ail persons engaged in the demolition of a building or structure shall comply with the followin~ minimum standards: I. Control shall be maintained over the site and operation to eliminate hazards to the public. Nail or other t/re puncturing items shall not be dropped on streetS, alleys and adjacent property. Public streets, curbs and sidewalks shall be protected from damage. The person en~aged in the demolition work shall be liable for any and all damage to curbs, streetS, sidewalks and other public or private property and for any bodily injury occurring as a result of the demolition work. -33- 2. Basement walls and all other concrete slabs and footinfs not intended or not able to be reused shall be removed two (2) feet below finished frade. Material used for backfill shall be free of wood and compacted thoroughly. 3. Ail sewer and drain lines shall he removed for a distance of two (2) feet outside of the basement wall and shall he thoroughly pluffed and sealed with cement. Ail water service shall be turned off at the service valve and water lines shall be removed for a distance of two (2) feet outside of the basement wall and shall be thoroughly plu~ged and sealed to prevent leakage. ~. Easement floors shall be broken to provide positive drainage for a minimum of twenty percent (20~) of the floor area uniformly distributed. 5. Ail undersround tanks .oresent on the site shall be removed. Cisterns present on the site shall be filled in accordance with the requirements for basements. 6. Ail debris resulting from the demolition work shall be uroperly disposed of. 7. The demolition site shall be left with a uniform grade and shall be free of debris. 8. The person engaged in the demolition work shall be responsible for requesting two (2) inspections during the course of the work. The first inspection shall be made after the basement floor is broken and the water and sewer services are sealed. The second inspection shall be made after the backfill is completed, the site is uniformly ~raded and all debris has been removed. -34- SECTION 20. MOVINq ~UILDING~ OR STRUCTURES. A. Aj3proval And Permi.~ RequiredF°LM°vin~ ~and Strucrures I. No building or structure shall be moved to a new location over any street, bridge, other public property or private property within the Corporate limits of the City of jeffersonville without first obtaining the approval of the Board of Public Works and Safety of the City of jeffersonville, and obtaining a Permit from the Building Commissioner. 2. Any person desiring to move a building or structure shall submit an application to the Building Commissioner on such forms as may be prescribed by said Department. The Application shall be accompanied by the following: (a.) A map indicating the proposed route. (b.) A letter from all public utility companies, railroads and cable television companies with facilities along the proposed route indicating that the applicant has deposited with such company adequate surety to cover the cost of any damage or changes in facilities resulting from moving the building or structure. (c.) A letter from the Traffic Division of the Jeffersonville Police Department with recommendations regarding the proposed route and traffic control. (d.) A letter from the Director of the Department of Public Works indicating any problems or recommendations regarding public facilities and improvements° (e.) A letter from the Building Commissioner regarding the overall structural condition of the buildin~ or structures proposed to be moved. -35- (f.) Approval from the County Highway Engineer if the proposed route includes any County highway or bridge. (g.) Approval from the Indiana Department of Transportation if the proposed route includes any State Highways. (h.) Written authorization from any private property owner whose land must be crossed during the move. (i.) A Certificate of Insurance and Performance Bond as required below. All applications for a Permit to move a building or structure shall be referred to the Board of Public Works and Safety of the City of jeffersonville. The Board shall review the application and recommendations made by all interested parties. If the Board of Public Works and Safety determines that the moving and relocation of the building or structure can he made without injury to persons or to curbs, sidewalks, bridges, sewers, or other public or private property and improvements, the Board may approve the Moving Permit Application and the Building Commission may issue a Moving Permit. The Board of Public Works and Safety shall approve the route to be utilized for the move~ the time and date such move shall take place and the time and date when such move shall be completed. The Board may require other reasonable conditions as necessary to protect the public health, safety and welfare. No Application for movinf shall be approved by the Board if the building or structure proposed to be moved has been damaged by wear or tear of other cause to an extent exceeding fifty percent (50~) of its original cost. 6. Any building or structure that has been moved to a new location shall be rehabilitated or reconstructed so as to be made to conform to the provisions of this Code for new construction. -36- Be Insuranc~An~ Bonding~ 1. The Applicant for a Moving Permit shall agree to assume the responsibility for any personal injury or any damage to public or private property occurrin~ as a result of moving a building or structure. The Applicant shall agree to defend, indemnify and hold harmless the City of jeffersonville, Indiana, its Departments Boards, Employees, Officers and Agents from and against all claimS, charges, damages, demandS, costS, suits, liabilities and payments, expenses (including counsel fees), fines, judgments, penalties, and/or losses of any kind or nature whatsoever, resulting from or in respect of any injury or damage to person or property caused negligently or otherwise from the moving of any building or structure, and/or the granting of a Moving Permit. The Applicant shall submit to the Building Commissioner, a Certificate of Insurance as evidence that said Applicant has liability insurance coverage properly endorsed for moving of a building or structure in the following minimum amounts: Each Occurrenc~ ~ Liability for Bodily Injury $500,000.00 $1,000,000.00 Liability for Public and Private Property Damage $500,000.00 $I,000,000.00 OR COMBINED SINGLE LIMIT COVERAGE AS FOLLOWS= Liability for Bodily Injury and Property Damage $1,000,000.00 $1,000,000.00 -37- SECTION 21. 2. A building or structure shall be required to be placed on its permanent foundation within thirty (30) days after being moved to a new location. An Applicant for a Moving Permit shall submit to the Board of Public Works and Safety a performance band, or other form of surety acceptable to said Board, in an amount to be determined by the Board, guaranteeing that the moving of the building or structure shall be completed within the time specified by the Board and that the building or structure shall be placed on its permanent foundation within thirty (30) days after being moved to a new location, 3. ~n the event of adverse weather conditions or other unforeseen circumstances, the board may, upon the request of the Applicant, grant an extension of time to complete the move or to place the buildin8 or structure on its permanent foundation. The Board shall release the Performance ~ond upon the satisfactory completion of the move and the placement or the building or structure on its permanent foundation. MINIMUM STANDARD~FO__REXTERIO~ MAINTENANCE. A. ExterioL_ Maintenance _ Standards The exterior of all premises and the condition of all buildings and structures thereon shall be maintained so that the appearance thereof shall reflect a level of maintenance in keeping with the standards of the City and so as to avoid blighting effects and hazards to health, safety, and welfare. -38- The owner and operator shall keep the exterior of all premises and every structure thereon including but not limited to walls, roofs, cornices, chimneys, drains, towers, porches, landings, fire escapes, stairs, refuse or garbage containers, store fronts, signs, windows, doors, awninfs and marquees, in good repair, and all surfaces thereof shall be kept painted or protected with other approved coating or material where necessary for the purpose of preservation and avoiding a 51ifhting influence on adjoining properties. Exterior wood, composition or metal surfaces shall be protected from the elements by paint or other protective covering. Surfaces shall be maintained so as to be kept clean and free to flaking, loose or peeling paint or covering. Those surface materials whose appearance and maintenance would be enhanced by a natural weathering effect or other natural effects may remain untreated. Ail surfaces shall be maintained free of broken glass, loose shingles, crumbling stone or brick, peeling paint, when such peeling consists of at least thirty-three and one third percent (33 1/3~) of the surface area, or other conditions reflective of deterioration or inadequate maiutenance, and not show evidence of weathering discoloration, ripping, tearing, or other holes or breaks, to the end that the property itself may be preserved safely and fire hazards eliminated adjoining properties and the neighborhood protected from blighting influence. Ail premises shall be mainta~ued and lawn, hedges, bushes, trees, and other vegetation shall be kept trimmed and from becoming overgrown and unsightly where exposed go public view or where such vegetation may constitute a blighting influence on adjoinin~ property. Ail premises shall be maintained free of all debris, trash, rubbish, litter, garbage, refuse, junk and foundation remnants. No premises shall be used for storage of inoperable motor vehicles, machinery, junk vehicles or machinery and vehicle Darts when such storage is within view of any public premises or public alley, sEreet or highway so as not to cause a blighting problem or adversely effect the public health or safety. -39- Ail vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure, and sanitary condition as provided herein. Remedies, The Building Commissioner shall request the City Attorney to hrinf action on behalf of the City in the Circuit or Superior Courts of Clark County, Indiana, for mandatory and injunctive relief in the enforcement of and to secure compliance with any order or orders made by the Buildinf Commissioner or his authorized representative, and any such action for mandatory or injunctive relief may be joined with an action to recover the penalties provided for in this Ordinance. Any person adjudged quilty of a violation of this Ordinance may also be adjudfed to pay the costS of prosecution. The owner of the property shall be notified in writinE statin~ that the property owner shall have a maximum of thirty (30) days to comply with the standards of maintenance as outlined in this Section, after which time if the property owner has not complied, a fine shall be assessed as provided for in Subsection C below. Penalties If any property owner violates the provisions of this Section, said property owner shall be notified in writin8 of such violation. The Building Commissioner or his authorized representative, shall send a "Violation Notice" by Certified Mail or by delivery in person to the property owner found to he in violation of this Section, and that said person shall have a maximum of fifteen (15) days to complete and return a form letter indicatinf agreement to "Correct the Violation within thirty (30) days" or to "Appeal the Violation". Upon receipt of a request for an appeal the Buildin~ Commissioner shall notify the appellant in writing of the place and dates to schedule an appeal. The property owner may. appeal. "The Violation", "The Compliance Requirements , or "The Completion Date". -40- SECTION 22. De Upon presentation of convincinf evidence the Board of Public Works and Safety may negotiate an adjusted "Compliance Schedule" commensurate with the evidence presented and in keeping with this Section. Proof of Hardship: Upon Proof of hardship a resident-owner may be franted a continuance and be excepted from fines for those violations requiring the expenditure of unavailable funds provided that said violations do not adversely affect the public health or safety. Failure to comply: In the event the owner failed to respond to any of the above procedure the owner would be found in violation of this Section end fined accordingly. He shall be cited before the City Court of the City of jeffersonville, and upon conviction of the violation shall be fined not less than twenty five dollars ($25.00) nor more than twenty five hundred dollars ($2,500.00). RIGHT T_~OAPPEAL The Board of Public Works and Safety shall have the authority to grant special variances or relief to any provisions or requirements of this Section and may prescribe any conditions or requirements deemed necessary to minimize adverse effects upon the community. The Board of Public Works and Safety may develop standards and procedures for the implementation and enforcement of these provisions. GENERA~ PROVISIONS. A. Temporary ~or Use~ No temporary building or structure, trailer, mobile or manufactured home, or mobile or manufactured office or classroom unit shall be used for any purpose by any commercial, industrial or institutional occupancy within the Corporate Limits of the City of jeffersonville, Indiana unless such building, structure, trailer, or mobile or manufactured home or unit is placed on a permanent foundation and plans and specifications for such construction and use are submitted to and approved by the State Building Commissioner. -41- the provisions of. this~SectiOn_ ~ .shall. not__apply in Except that ~ . ractor tra~lers ........ I Cont the followlng ~nstances. ( ) and sheds used in conjunction with construction or demolition work; (2) Accessory buildings and structures with an area equal to or less than 120 square feet; and (3) The installation of a commercial mobile unit bearing an Indiana seal of compliance under Public Law 135, when the use of such unit is intended for a limited period of time not exceeding twelve (12) months duration and when such installation complies with the standards and requirements of the Zoning Ordinance of the City of jeffersouville. The Building Commissioner shall issue a Building Permit for the installation of a commercial mobile unit. Said Permit shall indicate the period of time the commercial mobile unit shall be used, which shall not exceed twelve (12) monthS. Upon the expiration of the time limit specified in the Permit, the commercial mobile unit shall be completely removed from the premiSeS or said permit renewed prior to expiration by the Board of Zoning Appeals. Tents Any tent or air-supported structure erected within the Corporate Limits of the City of leffersomwille, intended to be used by the public, shall comply with the provisions of the Indiana Fire Prevention Code. ~Of__ .P°lice ~T° Assis~The- ~Commission The jeffersonville Police Department, upon request of the Building Commissioner, shall assist in the enforcement of this Code. The Building Commissioner or his duly authorized representative may request the Police to accompany them to any premises to help enforce the law and serve required notices. Fir~ ~ ~ Cooperat~ With Thee ~Commission The jeffersonville Fire Department shall cooperate with and provide assistance to the Building Commissioner in determining the compliance of new buildings and structures under construction with the fire safety standard requirements of this Code. -42- Ge Stor~ Water An~Subsoi~ DrainaRg-Systems When storm water and subsoil drainage systems are installed, they shall be discharged into an approved sump or receiving tank and shall be discharged at an approved location, but shall not be discharged into a sanitary sewer. Construction Work And Buildin~ Material I_~_n Publiq Ri~ht-of-Wa~ No construction work, demolition work or storage of building materials shall occur within the public right-of-way adjacent to the construction or demolition site without the prior approval of the Board of Public Works and Safety. Whenever authority is granted to use the public right-of-way, the Board shall require appropriate safety measures to protect the public, as set forth in chapter 44 of the IBC as adopted by-reference in chapter 6. InterceutoL Required An interceptor shall be required to be installed in occupances where grease, oil, sand, solids, flammable wastes, acid or alkaline substances or other ingredients may be introduced into the drainage or sewage system in quanti~ies that can effect line stoppage or hinder sewage treatment. Such occupances include, but are not limited to restaurants, cafes, lunch counters, cafeteriaS, bars and clubs; hotel, hospital, nursing home, factory or school kitchens, slaughter houses, soap factories, packing, fat rendering, hide curing and vehicle washing establishments. Interceptors shall be installed in compliance with the provisions of the Indiana p_l_umbi~g Code. He Chan~e O_.~.fUse. Or Occupancy No change shall be made in the use or character of occupancy of any building which would place the building in a different class or group of occupancy and use, unless such building is made to conform with this Code for the proposed revised use of the building. -43- Maintenance Ail buildings and structures, and their electrical, plumbing and heating and air conditioning systems, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices, safegaurds and systems shall be maintained in conformance with ~he provisions of the Building Code in effect when installed. The owner or his authorized agent shall be responsible for the maintenance of buildings and structures. To determine compliance with this Subsection, the Building Commissioner or his authorized representative may cause any building or structure to be reinspected. Tape Action The Building Commissioner and his duly authorized representative have the authority to take necessary emergency action concerning any unsafe premise within the Corporate Limits of the City of Jeffersonville. Such action may include but not be limited to, the vacating of an unsafe building and/or the disconnection of any electrical service or natural gas service to any premises upon determination that such immediate action is necessary for safety to persons or property. Such emergency action taken shall be limited to removing any immediate danger. Disconnection.. O__fUnsaf~ Electrical Servic~B_y. Public Service Indiana In the event Public Service Indiana removes an electrical ~eter or disconnects the service drop to a building or structure because the electrical system of said building or structure is unsafe and hazardous. The electrical system of said building or structure shall not be placed back in service unless such system is inspected by an Electrical Contractor licensed under the provisions of this Code and upgraded as necessary to bring such system into compliance with the provisions of the Indiana Electrical Code. (NEC). -44- Electrical Connections B_y_Heatin~ And Air Conditioninf Contractor~ An~ Plumbers. Any licensed Heating and Air Conditioning Contractor or person in his employ and any Refistered Plumbing Contractor or Journeyman Plumber may make the necessary electrical connections as may be required for the satisfactory performance of either a new or replacement heating and/or air conditioning system or a hot water heater, provided the rating of circuit conductors and disconnect are not exceeded and the electrical connection meets the requirements of the Indiana Electrical Code (NEC). However, such persons shall not be permitted to install service equipment, branch circuits, over current devices nor resistance electric heat. Sealin~ Vacant Buildinfs. And ~tructures The sealing and securing of any vacant building or structure, including any work performed subject to an Order issued under the Unsafe Building Ordinance of the City of jeffersonville, Indiana, or any work performed by an owner on his own initiative, shall be required to be accomplished pursuant to the following uniform standard: Double headed nails shall be utilized to fasten one-half (1/2) inch exterior frade plywood to all exterior openings of every floor. The plywood shall be cut and installed to precisely fit each opening so as to present a neat, workmanlike appearance. Prior to the sealing and securing of any vacant building or structure, the building or structure shall be cleared of all human inhabitants. Any building or structure that has been sealed and secured shall be repaired and rehabilitated as required to bring said building or structure into compliance with this Code prior to said building or structure being again occupied or used. N. Unsafe Buildinf~ And Structures. The regulation and abatement of unsafe buildings and structures shall be in accordance with Ordinance No. 8~-0R-18 of the Code of Ordinances of the City of Jeffersonville, Indiana. -45- SEJrION 23. SECTION 2~. sECTION 25. SECTION 26. LIABILITY. The City of jeffersonville, the Building Commissioner or his duly authorized representatives charged with the enforcement of this Code, acting in food faith and without malice in the discharge of their duties, shall not thereby render themselves personally liable and they hereby are relieved from all personal liability for any damage that may accrue to person or property as a result of any act required or by reason of any act of omission in the discharge of their duties. A~y suit brought aga~ust the City or the Commissioner and/or Boards, or his duly authorized representatives, because of such act or omission performed by them in the enforcement of any provisions of this Code, shall be defended by the City Attorney of the City until final termination of the proceedings~ as covered in IC 34-4-16.5-2 (1) VIOLATIONS. It shall be unlawful for any person, firm or corporation, whether as owner, lessee, sub-lessee, or occupant, to erect, construct, enlarge, alter, repair, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure, including fences, in the City of jeffersonville, Indiana, or cause or permit the same to be done, contrary to or in violation of the provisions of this Code. RiGHT O_~FAPPEAL. All persons shall have ~he right to appeal th~decision(S) of the Building Commissioner or his duly authorized representatives first through the Board of Public Works and Safety of the City of 3effersonville and then through any Administrative Agency set forth in the Indiana Code or to a Court of competent jurisdiction. EDIES. The Building Co~missioner shall request the REM . .. ~ ~-~-- actiOn on behalf of the City City Attorney ~o in the Circuit or Superior Courts of Clark County, Indiana, for ~andatory and injunctive rellef in the enforcement of and to secure compliance with any order or orders made by the Commissioner or his duly authorized representative, and any such action for mandatory or injunctive relief ~ay be joined with an action to recover the penalties provided for in this Code. Any person adjudged ~uilty of a violation of this Code may also be adjudged to pay the costS of prosecutio~o -46- ~ ~ECTION 27. sECTION 28. SECTION 29. PENALTIES. If any person, firm or corporation shall violate a~y of the provisions of this Code, or shall do any act prohibited herein, or shall fail to perform any duty lawfully enjoined, within the time prescribed by the Building Commissioner or his duly authorized representative~ or shall fail, neglect or refuse to obey any lawful order given by the Commissioner or his duly authorized representative, in connection with the provisions of this Code, for each such violation, failure or refusal~ such person~ firm or corporation shall upon conviction of said violations be fined accordingly~ pursuant to Section 150.99g of the City Code. Each act of violation and every day upon which a violation occurs constitutes a separate offense. Enforcement of this Ordinance shall be by the Building Commissioner or his duly authorized representatives. SEVERABILITY... If any section, sub-section, sentence, clause, phrase or portion of this Code is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate~ distinct and independent provisions and such holding shall not effect he validity of the remaining portions hereof. SUPERSEDES PRIOR CODES AND ORDINANCES. That the provision~ ~f t~is Code shall supersede any provisions of prior Ordinances or Codes in conflict with the provisions contained herein. -47- '~ % This Ordinance shall be in full force following signing and publication as required by law. Passed this ~__ day of ~r~~' -- '-' 1987. MAYOR DALE L. ATTEST: b se es Clerk-Treasurer to the ~ayor of said Presented Y . ~ ~o,, ~f -~z~_!_ _ , 1987. ..... onville this ~ uuj ~ ~ T-- City of jerrez~ - 1987. Approved and signed by se this of~- MAYOR DALE L. oREM ENDORSEMENT: ~ roved this ~day of/C~__~__, 1987, by the Fire Prevention