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)
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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
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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
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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
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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.
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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.
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(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)
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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
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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).
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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
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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
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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.
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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,
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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:
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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