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HomeMy WebLinkAboutD-1663-04 Building CodeSponsor: Councilor Rattermann ORDINANCE NO. D-1663-04 AS AMENDED AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA An Ordinance Amending Chapter 7: Building Code of the Carmel City Code WHEREAS, the City of Carmel, Indiana, has enacted and codified an Ordinance regulating the erection, construction, enlargement, alteration, and repair of buildings and structures in the City of Carmel and Clay Township; and WHEREAS, it is necessary that said Ordinance be amended, and it is in the best interest of the citizens of the City of Carmel and Clay Township, Indiana, that the Ordinance be amended; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, that the City Code Chapter 7: Building Code shall be revised, updated, and otherwise amended to read as follows: Section I: a. Chapter 7: Building Code of the Carmel City Code should be and the same is hereby amended and shall read as follows: CHAPTER 7 BUILDING CODE ARTICLE 1. GENERAL PROVISIONS. § 7-1 Building Code Title. § 7-2 PurposeofChapter. § 7-3 Authority of Director of Department of Community Services. § 7-4 Scope and Application of Regulations. § 7-5 through 7-7 [Reserved] ARTICLE 2. ADOPTION OF RULES AND REGULATIONS BY REFERENCE. § 7-8 Building Rules of the Indiana Fire Prevention and Building Safety Commission Adopted By Reference. (1) (2) (3) (4) (s) Building Codes - Art. 13. One and Two Family Dwelling Codes - Art. 14. Plumbing Codes - Art. 16. Electrical Codes - Art. 17. Mechanical Codes - Art. 18. Ordinance No. D- 1663-04 p. 1 ARTICLE 3. § 7-9 § 7-10 §7-11 97-12 97-13 § 7-14 § 7-15 97-16 97-17 §7-18 97-19 § 7-20 § 7-21 § 7-22 § 7-23 § 7-24 § 7-25 (6) (7) (8) Energy Conservation Codes - Art. 19. Swimming Pool Codes - Art. 20. Fire Prevention Codes - Art. 22. SPECIFIC REGULATIONS. Application for Permits and Builder Information. Expiration of Permit. Other Ordinances. Fees. Review of Application and Flood Damage Prevention. Suspension of Individuals, Firms, Corporations or Partnerships. [Reserved] Inspections. Inspection Assistance by Fire Department. Proper Credentials for Entry. Stop Work Order. Certificate of Occupancy or Substantial Completion. Workmanship. Violations. Right of Appeal. Remedies. Penalties. § 7-26 Effective Date. § 7-27 Performance Bond for Demolitions. § 7-28 through 7-49 [Reserved] ARTICLE 4. WELL CONSTRUCTION AND USE REGULATIONS. Division I. General Provisions. § 7-50 Application of Article. § 7-51 Definitions. § 7-52 through 7-54 [Reserved] Division II. Requirements for Well Drillers to Operate Within the Corporate Municipal Boundaries. § 7-55 State Licensing Required. Ordinance No. D-1663-04 p. 2 § 7-56 Registration with City Required. § 7-57 Requirements for Registration and Permits. § 7-58 through 7-61 [Reserved] Division lII. Well and Site Approval. § 7-62 Well Site Approval Required. § 7-63 through 7-69 [Reserved] Division lV. Well lnspections. § 7-70 Two Well Inspections Required. Inspection Request Procedures. Inspection Fees. § 7-71 § 7-72 § 7-73 § 7-74 § 7-75 § 7-76 § 7-77 § 7-78 § 7-79 § 7-80 Additional Expenses for Inspections Conducted Atler Normal Business Hours. Failure to Request Well Inspections. Well and Permit Application and Fees. Final Well Permit Procedures. Geothermal Systems. Fines and Penalties. Prohibited Connections of Wells. Notice and Miscellaneous Provisions. § 7-81 through 7-84 [Reserved] Division V. Provisions for the Protection of the Aquifer Serving the City's Wells. § 7-85 Wellhead Protection. § 7-86 through 7-89 [Reserved] ARTICLE 5. MISCELLANEOUS REGULATIONS. § 7-90 Numbering Buildings Required. § 7-91 through 7-99 [Reserved] ARTICLE 1. GENERAL PROVISIONS. Statutory reference: Cities authorized to adopt ordinances which include more stringent or detailed requirements which do not conflict with the Fire Prevention and Building Safety Commission, see Indiana Code 22-13-2-3. Ordinance No. D-1663-04 p. 3 Ordinances which address afire safety law or a building law required to be approved by the Commission, see Indiana Code 22-13-2-5. § 7-1 Building Code Title. This Chapter, and all ordinances supplemental or amendatory hereto, shall be known as the "Building Code of the City of Carmel, Indiana," may be cited as such, and will be referred to herein as "this Code." ('91 Code, § 7-1) (Ord. Z-238, § 23.01, 8-1-88) § %2 Purpose of Chapter. The purpose of this Chapter is to provide minimum standards for the protection of life, health, environment, public safety and general welfare, and for the conservation of energy in thc design and construction of buildings and structures. ('91 Code, § 7-2) (Ord. Z-238, § 23.02, 8-1-88) Statutory reference: Political subdivisions authorized to exercise their statutory powers to regulate buildings, structures, and other property, see Indiana Code 22-13-2-1. § 7-3 Authority of Director of Department of Community Services. (a) All references to the "Building Commissioner" whether by Federal, State, or local laws shall mean the "Director of the Department of Community Services or his designee." (b) The Director of the Department of Community Services is authorized and directed to administer and enforce all of the provisions of this Code. Whenever in this Code it is provided that anything must be done to the approval of or subject to the direction of the Director of the Department of Community Services or any other officer of the City, this shall be construed to give such officer only the discretion of determining whether this Code has been complied with; and no such provision shall be construed as giving any officer of the City discretionary powers as to what this Code shall be, or power to require conditions not prescribed by ordinances or to enforce this Code in an arbitrary or discriminatory manner. Ord~anceNo. D-1663-04 p. 4 (c) All permits, Certificates of Occupancy and similar documents regarding the administration and enforcement of this Code shall be issued by the Director, who shall be responsible for determining that the same are in compliance with the terms of this Ordinance. The Director shall receive and review all applications submitted pursuant to this Ordinance, furnish prescribed documents and forms, issue notices or orders, and otherwise regulate and administer all matters pertaining to zoning, subdivision and signage control within the jurisdiction of the Commission, including the retention of all records related thereto, with the exception of official documents required to be retained by the Clerk-Treasurer. All such records shall be open to public inspection during normal office hours, but shall not be removed from the Office of the Director. ('91 Code, § 7-3) (Ord. Z-238, 8 23.03, 8-1-88) § 7-4 Scope and Application of Regulations. The provisions of this Code shall apply to the construction, alterations, repair, use, occupancy, maintenance and additions to all buildings and structures, in the City of Carmel, Indiana ("City") and in Clay Township, Hamilton County, Indiana (the "Township"). ('91 Code, 8 7-4) (Ord. Z-238, 8 23.04, 8-1-88) § 7-5 through 7-7 Reserved for Future Use. ARTICLE 2. ADOPTION OF RULES AND REGULATIONS BY REFERENCE, Statutory reference: Definitions for fire safety, building and equipment laws, see I.C 88 22-12-1-1 through 22-12-1-26, inclusive. § %8 Building Rules of the Indiana Fire Prevention and Building Safety Commission Adopted by Reference. (a) Building rules of the Indiana Fire Prevention and Building Safety Commission are as set out in the following Articles of Title 675 of the Indiana Administrative Code (IAC) are incorporated by reference in this Chapter 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) Indiana Building Code (International Building Code with Indiana Amendments). b) Indiana Building Code Standards. c) Indiana Handicapped Accessibility Code. Ordinance No. D- 1663-04 p. 5 (2) Article 14 - One and Two Family Dwelling Codes. a) Indiana Residential Code (IntemationaI Residential Code with Indiana Amendments). b) Standard for Permanent Installation of Manufactured Homes. (3) Article 16 - Plumbing Codes. a) Indiana Plumbing Code. (4) Article 17 - Electrical Codes. a) Indiana Electrical Code. b) Safety Code for Health Care Facilities. (5) Article 18 - Mechanical Codes. a) Indiana Mechanical Code. (6) Article 19 - Energy Conservation Codes. a) Indiana Energy Conservation Code. b) Modifications to the Model Energy Code. (7) Article 20 - Swimming Pool Codes. a) Indiana Swimming Pool Code. (8) Article 22 - Fire Prevention Codes. a) Indiana Fire Code (Intematiunal Fire Codes with Indiana Amendments). (Ord. D-734, § 1, 12-2-91) (b) Copies of adopted building rules, codes and standards are on file in the office of the Carmel Department of Community Services. ('91 Code, § 7-8) (Ord. Z-238, § 23.05, 8-1-88) Statutory reference: Fire and Building Safety Commission, inclusive. see LC. §§ 22-12-2-1 through 22-12-2-8, ARTICLE 3. SPECIFIC REGULATIONS. § 7-9 Application for Permits and Builder Information. (a) It shall be unlawful for any person or entity to construct, alter, repair, remove or demolish any building or structure, or to commence construction or the alteration of real estate, without first filing a written application with the Director and Ordinance No. D- 1663 p. 6 (b) obtaining an Improvement Location Permit or other appropriate permit regarding same, unless the submission of same is expressly excused by applicable law. Applications for permits shall include the following supportive information, as applicable: 1. a site plan, drawn to scale, showing locations of proposed and existing improvements, easements and rights of way and the appropriate dimensions thereof; 2. a legal description of the real estate involved; 3. a sewer or septic permit; 4. building elevations on all sides of each proposed structure depicting thereon the true character of same; 5. detailed construction plans; and 6. such other information as is requested by the Director. In instances where the application for an Improvement Location Permit is made for a business, industrial, manufacturing, institutional or multiple family structure, the Director may also require detailed plans and information concerning vehicular and pedestrian traffic, parking facilities, loading facilities, lighting, fencing, landscaping, water and sanitary sewage facilities, storm water drainage facilities, signage, easements, common facilities and open spaces. The Director shall approve or deny an Improvement Location Permit application within (5) business days from the date of his receipt of a fully completed written application form with all required documentation attached, provided that the builder of record has on file an approved Builder Information Application. The Improvement Location Permit shall be issued if the proposed structure, improvement or use and its location conform in all respects to this Ordinance and all other applicable law. The Director shall issue an Improvement Location Permit for a use variance, a special use or a planned district use only after all necessary governmental approvals have been granted. No Improvement Location Permit shall be issued for an addition, reconstruction or structural alteration to any building before an application has been made for a Certificate of Occupancy. The Director, during his review of an Improvement Location Permit application, shall ensure that the application provides adequate information establishing that all National Flood Insurance Program regulations pertaining to State and Federal permits, subdivision review, mobile home tie down standards, utility construction, record keeping, water-course alteration and maintenance and building permit review procedures relating to same have been met. In addition to the above, a copy of a Design Release issued by the State Building Commissioner and the State Fire Marshal pursuant to Indiana Code 22-15.3-1, as the same may be amended from time to time, shall be provided to the Director of the Department of Community Services before issuance of a permit for the construction or alteration of a Class I structure covered by such Design Release. Ordinance No. D-1663-04 p. 7 (c) An Application For Builder Infomaation shall also be provided to the Department before any permit is issued to any individual, firm, corporation, company or partnership. (d) Misrepresentation of any fact on any application submitted to the Director shall be sufficient grounds for suspension or revocation of a Permit by the Carmel Board of Public Works & Safety. (e) Fees pertaining to any required application are specified in Chapter 10 of the City Code. ('91 Code, § 7-9) (Ord. Z-238, § 23.06, 8-1-88) § 7-10 Expiration of Permit. Residential and commercial construction within the scope of the building permit issued by the Director must commence within one hundred eighty (180) days of the date of issuance of same. If construction, other than activity involving the removal of all or part of a structure, has not been commenced within one hundred eighty (180) days from the date of issuance of the building permit, the permit shall expire by its own terms and shall no longer be of any force or effect; provided, however, that the Director may, for good cause shown, in writing, extend the validity of any such permit for an additional period of time which is reasonable under the circumstances to allow the commencement of construction. Single-family dwellings, additions, and remodels for single-family dwellings must be completed and a certificate of occupancy issued within eighteen (18) months of the issuance date of the permit or applicant must show in writing good reason to extend this time limit. Limits of permits for Commercial Class I structures are subject to the General Administrative Rules of the State of Indiana (See 675 IAC 12). ('91 Code, § 7-10) (Ord. Z-238, § 23.07, 8-1-88; Ord. D-1436-99, 10-4-99) § 7-11 Other Ordinances. All work done under any permit shall be in full compliance with all other ordinances pertaining thereto, and in addition to the fees for permits, there shall be paid the fees prescribed in such ordinances. ('91 Code, § 7-11) (Ord. Z-238, § 23.08, 8-1-88) § 7-12 Fees. Fees set forth in Chapter 10 of the City Code shall govern. ('91 Code, § 7-12) (Ord. Z-238, § 23.09, 8-1-88) Ordinance No. D- 1663-04 p. 8 § 7-13 Review of Application and Flood Damage Prevention. Prior to the issuance of any bnilding permit, the Director of the Department of Community Services shall: (a) Review all building permit applications to determine full compliance with the provisions set forth in Chapter 10 of the City Code and titled Flood Hazard Districts. (b) [unassigned] (C) [unassigned] (d) [unassigned] (e) The Planning Commission shall review subdivision proposals and other proposed new developments to assure that: (i) all such proposals are consistent with the need to minimize flood damage, (ii) all public utilities and facilities, such as sewer, gas, electrical and water systems are located, elevated, and constructed to minimize or eliminate flood damage, and (iii) adequate drainage is provided so as to reduce exposure to flood hazards; and (f) The City Engineer shall require new or replacement water supply systems and/or sanitary sewage systems to be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and require on-site waste disposal systems to be located so as to avoid impairment of them or contamination from them during flooding. All construction shall be in conformity with the flood plain regulations of the zoning code of the City. ('91 Code, § 7-13) (Res. 12-30-74; Ord. Z-238, § 23.10, 8-1-88) § 7-14 Suspension of Individuals, Firms, Corporations or Partnerships. (a) The Director may suspend for a period of 365 consecutive calendar days, individuals, firms, corporations or partnerships from making application for any permit issued by the Department if such applicant is found to be a Habitual Offender of this Code. (b) For the purposes of this Section, a "Habitual Offender" of this Code is an individual, firm, corporation, company or parmership that has assessed against it within the two (2) years immediately preceding such determination, five (5) or more late fees as prescribed in Chapter 10 of the City Code. (c) Individuals, firms, corporations, companies and partnerships may appeal their suspension by appearing before the Carmel Board of Public Works & Safety and showing good cause why their suspension should be lifted. The decision of the Carmel Board of Public Works & Safety shall be final and binding on any such appeal. ('91 Code, § 7-14) (Ord. D-75, 11-26-74; Ord. Z-238, § 23.11, 8-1-88) Ordinance No. D-1663-04 p. 9 § 7-15 [unassigned] § 7-16 Inspections. After the issuance of any building permit, the Director of the Department of Community Services shall make, or shall cause to be made, inspections of the work being done as are necessary to insure full compliance with the provisions of this Code and the terms of the permit. Reinspections of work found to be incomplete, not ready for inspection, or deficient according to this Code are subject to assessment of reinspection fees as prescribed in the Administration section of Chapter 10 of the City Code. A building permit shall be considered in violation of this Code unless all required reinspections are scheduled by the builder or his designated agent within thirty (30) days from the date of issuance of a correction notice or temporary certificate of occupancy. ('91 Code, § 7-16) (Ord. Z-238, § 23.13, 8-1-88) § 7-17 Inspection Assistance by Fire Department. The Chief of the Fire Department or his designated representative shall inspect fire suppression, detection and alarm systems and shall maintain reports of such inspection and, upon request, make same available to the Director of the Department of Community Services. ('91 Code, § 7-17) (Ord. Z-238, § 23.14, 8-1-88) § 7-18 Proper Credentials for Entry. Upon presentation of proper credentials, the Director of the Department of Community Services, the Chief of the Carmel Fire Department, or their duly authorized representatives may enter at reasonable times any building, structure or premises in the City, or the Township, to perform any duty imposed upon them by this Code. ('91 Code, § 7-18) (Ord. Z-238, § 23.15, 8-1-88) § 7-19 Stop Work Order. Whenever any work is being done contrary to the provisions of this Code, the Director of the Department of Community Services may order the work stopped by notice in writing served on any person(s) engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the Director of the Department of Community Services to proceed with same. ('91 Code, § 7-19) (Ord. Z-238, § 23.16, 8-1-88) Statuto~ reference: Enforcement authority of building standards to issue orders requiring action relative to any unsafe premises authorized, see Indiana Code 36-7-9-5. Ordinance No. D- 1663-04 p. 10 § 7-20 Certificate of Occupancy or Substantial Completion. (a) No certificate of occupancy for any building or structure erected, altered or repaired after the adoption of this Section shall be issued unless such building or structure was erected, altered, or repaired in compliance with the provisions of this Code. (b) It shall be unlawful to occupy any such building or structure unless a full, partial, or temporary certificate of occupancy has been issued by the Director of the Department of Community Services. (c) Certificates of Substantial Completion will be issued for the shell of a structure on projects that have an approved Improvement Location Permit and a scope of work that does not involve human occupancy. (d) Any Certificate of Occupancy may be revoked or down-graded by the Director if there is construction found to be substantially contrary to the appropriate building code or fire code and the builder of record fails to repair the deficiency after proper notice from the Department. (e) Temporary certificates of occupancy must be abated within the prescribed time limit or late fees per Chapter 10 of the City Code will apply. (f) No full, partial, or temporary certificate of occupancy or certificate of substantial completion shall be issued until the building or structure has passed inspection by the Carmel Fire Department. It shall be the responsibility of the general contractor to make arrangements with the Carmel Fire Department for such inspection. ('91 Code, § 7-20) (Ord. Z-238, § 23.17, 8-1-88) § 7-21 Workmanship. All work on the construction, alteration and repair of buildings and other structures shall be performed in a good and workmanlike manner according to accepted standards and practices in the trade. ('91 Code, § 7-21) (Ord. Z-238, § 23.18, 8-1-88) § 7-22 Violations. It shall be unlawful for any person, firm, ov corporation, company or partnership, 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, other than fences, in the City or Clay Township, or cause or permit the same to be done, contrary to or in violation of the provisions of this Code. ('91 Code, § 7-22) (Ord. Z-238, § 23.19, 8-1-88) Ordinance No. D- 1663-04 p. ll § 7-23 Right of Appeal. All persons shall have the right to appeal the decision of the Director of the Department of' Community Services, first through the Carmel Board of Public Works and Safety and then to the Fire Prevention and Building Safety Commission o£ Indiana in accordance with the provisions o£ Indiana Code 22-13-2-7 and Indiana Code 4-21.5-3-7. ('91 Code, § 7-23) (Ord. Z-238, § 23.20, 8-1-88) § 7-24 Remedies. The Director of the Department of Community Services shall in the name of the City bring actions in the City or County Courts of Hamilton County, Indiana, for mandatory and injunctive relief in the enforcement of and to secure compliance with any order or orders made by the Director of the Department of Community Services, and any such action for mandatory or injunctive relief may be joined with an action to recover the penalties provided for in this Code. ('91 Code, § 7-24) (Ord. Z-238, § 23.21, 8-1-88) § 7-25 Penalties. If any person, firm, o~ corporation, company or partnership shall violate any 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 Director o£ the Department of Community Services, or shall fail, neglect or refuse to obey any lawful order given by such Director, in connection with the provisions of this Code for each such violation, failure or refusal, such person, firm, o~ corporation, company or partnership shall be fined in any sum not less than $100, nor more than $1,000 per day. Each day of such unlawful activity as is prohibited by the first sentence of this Section shall constitute a separate offense. ('91 Code, § 7-25) (Ord. Z-238, § 23.22, 8-1-88) § 7-26 Effective Date. Articles 1 through 3 of this Chapter shall be in full force and effect from and after its adoption, approval by the Fire Prevention and Building Safety Commission of Indiana, and publication as required by law. ('91 Code, § 7-26) (Ord. Z-238, § 23.23, 8-1-88) § 7-27 Performance Bond For Demolitions. Prior to the City issuing a demolition permit for the demolition of a building or structure located within the corporate limits of the City, the permit applicant shall submit to the City's designated public official, £or such person's review, a written estimate of the cost of the demolition services requested, and, if the cost estimate for such demolition Ordinance No. D- 1663-04 p. I2 exceeds $1,000, shall further submit, for such person's approval, a performance bond for the full mount of such written estimate. ('91 Code, § 7-27) (Ord. D-1436-99, 10-4-99) § 7-28 through 7-49 Reserved for Future Use. ARTICLE 4. WELL CONSTRUCTION AND USE REGULATIONS. Division I. General Provisions. § 7-50 Application of Article. This Article shall apply to all persons, corporations, companies, partnerships, and other entities which drill Wells, are engaged in business of drilling Wells, are the owners of Wells which have been or will be drilled in the City, or maintain Wells drilled within the City's municipal corporate boundaries. ('91 Code, § 7-50) (Ord. A-62, § I, 6-4-90) § 7-51 Definitions. (a) A Well is any hole or shaft drilled, augured, sunk, or inserted into the earth for extraction, injection, or disposal of any material. A Well shall include all mechanical and plumbing appliances connected thereto. This includes any device inserted into the earth which is intended for geothermal or heat exchange purposes whether or not said device pumps water from or into the earth directly. This definition is included for directional purposes in interpretation of the concept of Well. (b) A Well Driller is any person, corporation, company, partnership, or other entity engaged in the business, whether full or part time, or professional or amateur, of placing Wells into the surface of the earth. This includes, those persons, businesses, or partnerships which construct geothermal heat exchange systems, well operated sprinkling or irrigation systems, and wells for domestic or professional use or for the use or disposal of any material. ('91 Code, § 7-51) (Ord. A-62, § IA, 6-4-90) § 7-52 through 7-54 Reserved for Future Use. Ordinance No. D-1663-04 p. 13 Division II. Requirements for Well Drillers to Operate Within the Corporate Municipal Boundaries. § 7-55 State Licensing Required. All persons drilling Wells must have a current drilling license from the State of Indiana. ('91 Code, § 7-55) (Ord. A-62, § II A, 6-4-90) § 7-56 Registration with City Required. All Well Drillers working within the corporate municipal boundaries of the City must register their business with the Administrative Office of the City of Carmel Utilities Department ("Carmel Utilities") within thirty (30) days of commencing work within the corporate municipal boundaries. ('91 Code, § 7-56) (Ord. A-62, § II B, 6-4-90) § 7-57 Requirements for Registration and Permits. (a) Each business or person registering a business shall retain a copy of the specifications and regulations of Carmel Utilities regarding well drilling, and shall comply with those standards and specifications. (b) Each business or person shall fill out a registration information form provided by Carmel Utilities. (c) Each business or person shall obtain from Carmel Utilities a permit, which shall be valid for one (1) year, from date of issue, unless otherwise revoked. (d) All Wells must comply with the City's specifications as revised from time-to-time and be inspected and certified by Carmel Utilities, prior to being placed into service. ('91 Code, § 7-57) (Ord. A-62, § II B, 6-4-90) § 7-58 through 7-61 Reserved for Future Use. Division III. Well and Site Approval. § 7-62 Well Site Approval Required. Within a reasonable time after an application is presented to Carmel Utilities, but before drilling is started, the owner, or his agent shall request well site approval from Carmel Utilities. The owner or his agent shall make this request on a form provided by Carmel Utilities. ('91 Code, § 7-62) (Ord. A-62, § III, 6-4-90) § 7-63 through 7-69 Reserved for Future Use. Ordinance No. D-1663-04 p. 14 Division IV. Well Inspections. § 7-70 Two Well Inspections Required. (a) All Wells are required to have two (2) inspections: (1) During the grouting procedure; and (2) A final inspection made after all appurtenances are installed and just prior to placing the Well in service. (b) No Well shall be placed in service prior to passing final inspection. ('91 Code, § 7-70) (Ord. A-62, § IV(A), 6-4-90) § 7-71 Inspection Request Procedures. All inspection requests shall be in writing to CarmeI Utilities at least twenty-four (24) hours pr/or to the inspection taking place and include the following information: (a) Address of property, lot number, phone number; (b) Land owners name, address, telephone number; (c) Well Driller's name, address, phone number; and (d) Date and time the inspection is requested. ('91 Code, § 7-71) (Ord. A-62, § IV(B), 6-4-90) § 7-72 Inspection Fees. (a) All fees shall be paid to the Carmel Utilities prior to the actual inspection taking place. (b) All inspection and reinspecfion fees under this article are established at $35.00 for the grouting inspection, and $35.00 for the final inspection fee. ('91 Code, § 7-72) (Ord. A-62, § IV(C), 6-4-90) § 7-73 Additional Expenses for Inspections Conducted After Normal Business Hours. (a) Normal business hours for the Carmel Utilities to conduct inspections are from 8:15 a.m. to 4:00 p.m., Monday-Friday, not including major holidays. (b) In the event that an inspection is requested during a holiday or after hours, the following requirements shall apply. If an inspector is available: (1) An inspection will be made; (2) In addition to the inspection fee, the requesting parties shall reimburse Carmel Utilities for any overtime expense which the utility will incur to accommodate the requesting party for the extraordinary inspection. (3) If an inspector carmot be scheduled, the drilling shall not be done. ('91 Code, § 7-73) (Ord. A-62, § IV(C)(3), 6-4-90) Ordinance No. D- 1663-04 p. 15 § 7-74 Failure to Request Well Inspections. (a) If a Well is drilled and no inspection is requested or made in accordance with this Article 4, that Well must be abandoned and scaled off according to thc City and State specifications. A new Well must be drilled unless otherwise excepted in writing by the manager of the Carmel Utilities and inspection occurs in accordance with this Article. (b) If any plumbing or system violates the standards, schedules, or requirements of the City or the State of Indiana, those violations must be corrected within a time set by the inspector and an inspection rescheduled. ('91 Code, § 7-74) (Ord. A-62, § IV(D), 6-4-90) § 7-75 Well and Permit Application and Fees. (a) Prior to the drilling of a new Well an application must be completed, approved and on file at the Carmel Utilities Office. A copy of the approved application shall be maintained at the well site during drilling operations. Both a well application and inspection request must be made prior to the drilling procedure, otherwise the well drilling operation shall be stopped until arrangements satisfactory with Carmel Utilities can be established. (Ord. A-62, § VA, 6-4-90) (b) Well permit application fee shall be $25.00. (c) Each applicant shall submit to Carmel Utilities, on forms provided by the utility, the following information at the time a well permit is applied for: § 7-75 BUILDING CODE § 7-77 (1) Address of the well location; (2) A drawing showing the proposed location of the Well on the subject property, including the relationship to permanent structures; (3)The name, address and phone number of the land owner; The intended use for the Well; The name, address and phone number of the Well Driller; and Required inspection information for site approval. (4) (5) (6) ('91 Code, § 7-75) § 7-76 Final Well Permit Procedures. Prior to the issuing of a final well permit and upon completion of drilling the Well, the following information shall be provided to Carmel Utilities: (a) Piping Schematic Diagram. This shall show all piping starting at the Well and all places to which the pipe goes from the Well. If the Well is geothermal, the schematics shall show ali parts o£the geothermal system and its related piping. (b) A copy of the well permit application. (c) A copy of the well site approval. Ordinance No. D-1663-04 p. 16 (d) (e) (11) (12) (13) (14) ('91 Code, § 7-76) Copies of ail construction and drilling inspection reports. A well log which shall include the following information: (1) Purpose of the Well. (2) If geothermal, the type. (3) A drawing showing the side view of the Well indicating depth, thickness, and type of each material drilled through. (4) Depth of the screen placed. (5) Length of screen. (6) Screen slot size. (7) Bowl setting. (8) Motor horsepower. (9) Measured GPM output of the Well after completion. (10) Pump depth setting, if submergible. Static level. Well pumping level. Well diameter. Total well depth. (Ord. A-62, § V(D), 6-4-90) § 7-77 Geothermal Systems. (a) Only closed loop geothermal well systems shall be allowed. (b) At any time and for as long as a geothermal well system is in use, when a leak develops in the system, Carmel Utilities must be notified and an inspection made of the repairs. (c) If a leak develops in the horizontal piping of a geothermal well system, it must be cut out and the system replaced. If the leak is in the vertical piping of the geothermal well, the Well must be abandoned and sealed. (d) Carmel Utilities shall be notified of any intent to abandon any Well and an inspection shall be made during the sealing procedure when abandoning any Well. ('91 Code, § 7-77) (Ord. A-62, § VI, 6-4-90) § 7-78 Fines and Penalties. (a) Any person, corporation, company, partnership, or other legal entity violating Article 4 shall be subject to citation by the Carmel Metropolitan Police and subject to a fine up to $2,500, but not less than $500 for each occurrence. Each day the violation of this Article occurs, shall be considered by the Court a separate occurrence. Ordinance No. D-1663-04 p. 17 (b) In the case of actual damage incurred by the aquifer, the fine shall, unless it exceed statutory limits, be a sum sufficient to compensate for the actual costs of correcting the damage including, but not limited to overtime costs and personnel costs incurred by the City in correcting the damages or making repairs. (c) The Carmel City Court is authorized to hear all citations issued pursuant to Article 4. (d) A well owner, driller, or user may be subject to the emergency provisions of Ordinance A-60 in the event of a water emergency. ('91 Code, § 7-78) (Ord. A-62, § VII, 6-4-90) § 7-79 Prohibited Connections of Wells. (a) No Well of any type, or for any reason, shall be cross-connected to the City water supply. No Well shall be connected to any City water main, or pipes in buildings that are connected to the City water supply. (b) Geothermal well connections that are approved by Carmel Utilities may be connected to buildings served by the City public water supply. There shall not be any interconnection of the Well to any plumbing that is connected to the City water supply. ('91 Code, § 7-79) (Ord. A-62, § VIII, 6-4-90) § 7-80 Notice and Miscellaneous Provisions. (a) In the event any Court of competent jurisdiction declares any portion of Article 4 to be unenforceable, the remaining portions of this Article shall remain in full force and effect so lnng as the intent of same may be fulfilled. (b) For purposes of notification of Carmel Utilities, the following address shall be used unless otherwise directed by the utility's management: The City of Carmel Utilities Department Carmel City Hall 1 Civic Square Carmel, Indiana 46032 ('91 Code, § 7-80) (Ord. A-62, § IX, 6-4~90) § 7-81 through 7-84 Reserved for Future Use. Ordinance No. D-1663-04 p. 18 Division V. Provisions for the Protection of the Aquifer Serving the City's Wells. § 7-85 Wellhead Protection. (a) Application. This Section shall apply to all circumstances which can affect the aquifer serving the City's Wells. (b) Definitions. For purpose of this Section, the following terms, phrases and words are defined herein. Words used in the present tense include the future, words in the plural include the singular and words in the singular include the plural. The word "shall" is always meant to be mandatory and not merely directory. Municipal Water Utility/Utility, Cannel Utilities. The City of Carmel Municipal Water Utility. Local Planning Tean~ (LPT) for Wellhead Protection. As provided by the Federal Environmental Protection Agency (EPA) and the Indiana Department of Environmental Management (IDEM), the City did form a Local Platming Team (LPT) for Wellhead Protection for the purpose of fulfilling the requirements of the Wellhead Protection Act (WPA). This was done for the purpose of protecting the public water supply for the City. The LPT is an ongoing group of local citizens appointed by the Mayor. The LPT has official functions as stated in WPA of Indiana. The LPT has, in its official capacity, petitioned the City to place into law the following regulations to safeguard the public drinking water supply. (c) Powers. Upon notice, either oral or written, that the LPT has determined that circumstances exist which may, or do, give rise to concern for the safety of the aquifer, the City shall be empowered to determine the necessary regulations to enforce. (d) Enforcement. For each day of noncompliance with this Section which presents a hazard to the aquifer serving the City's water supply, an individual, organization, and/or business may be fined $1,000 a day. Such fines may remain in effect until such revisions are completed to be in compliance with this Section. Violations of this Section shall be cited by the Carmel Municipal Metropolitan Police Department or Carmel Utilities employee. The Carmel City Court is authorized to hear all citations issued pursuant to this Section and impose the fine as prescribed above. (e) Regulation regarding lakes, ponds, or water impoundments. (1) All lakes, ponds, or other water impoundment of any kind located within the "one-year time of travel" as defined on the current map defining such time of travel shall be sealed. No lakes, ponds, or other water impoundments of any kind shall be allowed within the 200-foot radius of a wellhead. (2) All lakes, ponds, or other water impoundments of any kind shall be sealed according to current specifications as adopted by the LPT. Ordinance No. D- 1663-04 p. 19 (t) (g) (i) (J) (3) A core inspection of compacted clay sealing systems shall be obtained at the developer's expense by a field inspector trained in soils testing from one of the following: a) Carmel Utilities. b) The Hamilton County Health Department. c) A certified laboratory. (4) The inspector shall approve or reject the sealing system according to the most recent specifications required and the method of installation as defined by the LPT. Sampling shall be a minimum of one (1) sample per acre or fraction thereof and a minimum of two (2) samples per pond. Laboratory testing of permeability will be required only if the inspector has a question of compliance. The inspector may recommend the Carmel Utilities require the contractor to have a qualified laboratory run a permeability test. Any laboratory fees will be at the contractor's expense. (5) Notification shall be provided on a completed Carmel Utilities Sealing Inspection Report to Carmel Utilities forty-eight (48) hours in advance of the inspection. A signed copy of the Inspection Report shall be provided to Carmel Utilities within forty-eight (48) hours of completion of the inspection. (6) Disputes shall be resolved by a licensed soils engineer found to be acceptable to all parties. Regulation regarding roadways within the wellhead area. Any roadway located contiguous to or within the 200-foot radius of a wellhead used and/or owned by the City for production of drinking water shall be constructed according to the most recently approved LPT specifications. Regulation regarding land use within the wellhead area. There shall be no activity or encroachment within the 200-foot radius of a wellhead area owned by the City without the approval of the LPT. Sunset clause. This Section shall become in no force and effect in the event that another jurisdiction or administrative agency with regulatory powers over the issue of wellhead protection and exerting control over public water wells in the City's jurisdiction shall put into effect an ordinance that regulates wellhead protection. Saving clause. In the event any provision of this Section shall be declared by any court of competent jurisdiction to be void or unenforceable, the same shall not affect the remaining provisions of this Section. Effective date. This Section shall be in full force and effect from and after its passage by the Common Council, execution by the Mayor, and such publication as is required by law. ('91 Code, § 7-85) (Ord. A-61, 11-6-95) Ordinance No. D-1663-04 p. 20 § 7-86 through 7-89 Reserved for Future Use. ARTICLE 5. MISCELLANEOUS REGULATIONS. § 7-90 Numbering Buildings Required. All buildings in the City shall be assigned numbers in accordance with a chart kept on file in the office of the Director of the Department of Communications. The owner of a building shall ascertain the number of the building from the Department of Communications and shall affix such number to the building in compliance with the provisions set forth in Chapter 10 of the City Code and titled Premises Identification. ('91 Code, § 7-90) § 7-91 through 7-99 Reserved for Future Use. Ordinance No. D-1663-04 p. 21 Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Ordinance No. D-1663-04 PASSED by the Common Council of the City of Carmel, Indiana this /~/~ day of ~Qc~/z c~ ,2004, by a vote of 7 ayes and t~ nays. COMMON COUNCIL FOR THE CITY OF CARMEL ~ / P~id~er- ~ .~ Kev-~rby, ~2'2'~ct 2 / ~K~hald~art~)resident Pro Tempore /Kfi ai~/D. ~M ay~,ist r.ict 3 Frederick J. GI, J~. ,D~ , ~ Mark Ratteym~n, ~I~L2~ge /~sep~C~riffith~, Di~t~c~ Richard I~. S~arp,~istrict 1 ATTEST: Diana L. Cordray, IAMC,/21erk-TreIasurer Ordinance No. D- 1663-04 p. 22 Ordinance No. D-1663-04 Presented by me to the Mayor of the City of Carmel, Indiana this/~P~ay of~/~4~2004, at ~'~ (~.M. Diana L. Cordray, IAMC, C19qk~Treasur Ordinance No. D-1663-04 Approved by me, Mayor of the City of Cannel, Indiana, this /~J~ day of ~~2004, at Ja~s Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk~reasurer Prepared by: Douglas C. Haney Carmel City Attorney Carmel City Hall One Civic Square Carmel, IN 46032 Ordinance No. D-1663-04 p. 23