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HomeMy WebLinkAboutZ-238 Building Code AN ORDINANCE AMENDING TIlE CARMEl. CITY CODE~ CIIAPTER 23 (Building Code} WHEREAS, the City of Carmel., Indiana, has enacted and codified an Or- dinance 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, Clay Tow~ship, Indiana, that the Ordinance be amended; Now, therefore, be it ordained by the Common Council of the City of Carmel, Indiafia, that the City Code Chapter 23 Building Code shall be amended to read as follows: ~3.00 AN ORDINANCE regulating the construction~ alteration, repair, loca- tion and use of buildings and structures in the City of Carmel, Indiana; incorporating by reference building rules, codes and starboards required to be enforced under IC 36-7-2-9; providing for the issuance of permits; providing penalties for violations; and repealing all ordinances and parts of ordinances in conflict therewith. BE IT ORDAINED by the Cil:}, of Carmel~ Indiana~ Hamilton,Indiana as follows: ...... ~3.01. TITLE. This ordinance, and all ordinances supplemental or amen- datory 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". 23.02 PURPOSE. The purpose of this code is to provide minimum standards for the protection of life. health, environment, public safe~y and general welfare, and for the conservation of energy in the design and construction of buildings and structures. ~3.03. 6UT}IORI~f. Th~ Director of the Department of Community Development is hereby authorized and directed to administer and enforce all of the provisions of this code. Whenever in this code, it is provided that any- thing must be done to the approval of or subject to the direction of the Director of the Department of Community Development or any other officer of 1 th~ City, this shall be construed to give such officer only the discretiun of determining whether this code has been complied with; and no such provi- sion shall be construed as giving any officer 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 ..23.04. SCOPE. The provisions of this code shall apply to the construction, alterations, repair, use, occupancy, maintenance and addi- tions to all buildings and str,,-tures, in the City of Carmel, and Clay Township, Hamilton County, Indiana. 23.05. ADOPTION OF RULES BY REFERENCE. A. Building rules of the Indiana Fire Prevention and Building Safety Commission ars set out in the following Articles of Title 675 of the Indiana Administrative Code are hereby in- corporated 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: Article 13 - Building Codes a. Fire and Building Safety Standards b. Indiana Building Code c. Indiana Building Code Standards d. Indiana Handicapped Accessibility Code. Article 14 - One and Two Family Dwelling Codes a. Council of American Building Officials One and Two Family Dwelling Code. b, CABO One and Two Family Dwelling Code; Amendments c. Standard for Permanent Installation of Manufactured Homes Article 16 - Plumbing Codes a. Indiana Plumbing Code. Article 17 - Electrical Codes a. Indiana Electrical Code b. Safety Code for llealth Care ~acilities Article 18 Mechanical Codes a. Indiana Mechanical Code Article t9 Energy Gonservation Codes a. Iediana Energy Conservation Code b. Modifications to the Model Energy Code Article 20 - Swimming Pool Codes a. Indiana Swimming Pool Code Copies of adopted building rules, codes and standards are on file in the office of Carmel Department of Community Development. 23.0~ APPLICATION FOR PERMITS. No building permit shall be issued for the foregoing purposes, unless the application for a permit is accompanied by a plat or sketch of the proposed location showing lot boundaries, and by plans and specifications showing the work to be done. In addition, a copy of a Design Release, issued by the State Building Commissioner and the State Fire Marshall pursuant to IC 22-15-3-1, shall be provided to the Director of the Department of Community Development before issuance of a permit for construction covered by such Design Release. 23.07 PERMIT RRQUIRED A permit shall be obtained before beginning construction, alteration or repair of any building or structnre, the cost of which exceeds one hundred ($100} dellars~using forms furnished by the Carmel Department of Community Development, and ali fees required by this code shall be paid to the ~ity of Carmel. 23.08 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. 2.3.09 FEES. Refer to Zoning Ordinance Z-160 as amended Section 29.6 Filing Fees. 2].10 REVIEW Of APPLICATION. Prior to the issuance of any building permit, the Director of the Department of Community Development shall: a. Review all building permit applications to determine full compliance with the provisions of this code. Review all building permit applications for new construc- tion or substantial improvements to determine whether proposed building sites will be reasonably safe from ~ flooding. c. Re~iew building permit applications for major repairs within the flood plain area having special flood hazards to determine that the proposed repair (1) uses construction materials and utility equipment that are resistant to flood damage, and (2) uses construction nm. thods and practices that will minimize flood damage. d. The Director of the Department of Community Development shall review all building permit applications for new con- struction or substantial improvements to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a location that has a flood hazard, any proposed new construction or substan- tiai improvement (including prefabricated and mobile homes) must (i) be designed or modified and anchored to prevent flotation, collapse, or lateral movement of the structure (ii) use construction materials and utility equipment that are resistant to flood damage, and (iii) use construction methods and practices that will minimize flood damage; and ihe Planning Commission shall review subdivision proposals and other proposed new developments to assure that (t) 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 The City EnRineer 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. Ail construction shall be in cOn- formity with the flood plain regulations of the zoning or- dinance of the city. (Res. 12/30/74). 23.11 PERFORMANCE BONDS FOR CONSTRUCTION. Prior to the issuance of any of the necessary permits to begin construction upon any real estate lying within the $ r~sdictlon of the zoning authority of the City of Carmel, the applicant for such permits must tender to the designated public official of the city for approval, a performance bond whether or not such land and construction thereon is or is not, in fact, within a platted subdivision. Such requirement of tendering for acceptance of a performance bond may be waived by the designated public official, if such construction is an addi- tion or modification or alteration of or to a pre-existing structure. 'The des{Bnated public official as referred to herein means specifically the bi=ector of the Department of Community Development or his appointed deputy or assistant. · This section shall be construed only so as to require the obtaining of the same permits for construction on real estate not situated in platted sub- divisions as for construction on real estate within platted subdivisions and shall not be construed to otherwise conflict with any other ordinance. "(D-75, 11/26/74). 23.12 TRAILERS AND TE{.;PO~t~Rt STRUCTURES. (a) It si~all be unlawful for any person to locate, erect, park, or use as living quarters any automobile trailer, trailer coach, house trailer, house car, camp car, tent, or port- able building of any kind within the City of Carmel, unless such person has first obtained a written permit from the Director of the Department of Com- munity Development, which permit shall specify the conditions including the period granted for such occupaticn as living quarters. (b) The city or any citizen thereof, or the state, at any time shall have the right to file an action to enjoin any violation of this section. (D-20,10/2/56). 23.13 INSPECTIONS After the issuance of any building permit, the Direc- tor of the Department of Community Development shall make, or shall cause to be made, inspections of the work being done as are necessary to insure full compliance with the p~ovisions of this ordinance and thc terms of the permit. Retnspections of work found to be incomplete or not ready for in-. spection are subject to.assessment of reinspection fees as prescribed. 23.14 INSPECTION ASSISTANCE The Chief of the Fire Department, or his designated representative, shall inspect fire suppression, detection and alarm systems and shall provide reports of such inspection to the Director of the Department of Community Development. 23.15 ENTRY Upon presentation of proper credentials, the Director of the Department of Community Developmment or his duly authorized representatives may enter at reasonable times any building, structure or premises in the City of Carmel, Clay Township, Namilton County, Indiana, to perform any duty imposed upon him by tills code. 23.16 STOP ORDER. Whenever any work is beihg done contrary to the provi- sions of this code, the Director of the Department of Community Development may order the work stopped by notice in writing served on any persons 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 Development to proceed with the work. ~3.17 ~ERTIFICATE OF OCCUPANCY No cereificate of occupancy for any build- ing or structure erected, altered or repaired after the adoption of this ordinance shall be issued -nless such building or structure wa~ erected, altered, or repaired in compliance with the provisions of this ordinance. 5 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 Development. 23.18 WORKHANSHIP 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. 23.1g 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, other than fences, in the City of Carmel of Clay Township or cause or permit the same to be done, contrary to or in violation of the provisions of this code. ~3.10 RIGHT OF APPEAL All persons shall have the rieht to appeal the decision of the Director of the Department of Community Development, first through the Carmel Board of Public Work~ and then to the Fire Prevention and Building Safety Commission of Indiana in accordance with the provisions of IC 22-13-2-7 and IC 4-21.5-3-7. 23.21 REHEDIES. The Director of the Department of Community Development shall in the name of the City ot Carmel bring actions in the City or County ~ourts 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 Dtzector of the Department of Community Development, and any such action for mandatory or injunctive relief may be joined with an action to recover the penalties for in this ordinance. 23.22 PENALTIES. If any person, firm or corporation shall violate any of the provisions of this ordinance, or shall do any act prohibited herein, or shall fail to'perform any duty lawfully enjoined, within the time prescribed by the Director of the Department of Community Development, or shall fail, neglect or refuse to obey any lawful order given by such Director, in connection with the provisions of this ordinance for each such violation, failure or refusal, such person, firm or corporation shall be fined in any sum not less than ~100 (one hundred) dollars, nor more :hen ~i000 (one thousand~ dollar~ per day. Each day of such unlawful activity as is prohibited by the first sentence of this section shall constitute a separate offense. .23.23 EFFECTIVE DATE This ordinance 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. 6 This ordinance shall be in full force and effect from and after its passage. Carmel, Indiana, on this . Passed by the Common Council of the City of / day of_~ , 1988. COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA ATTESTATION: erk-Treasurer~/ Presiding Officer ATTESTATION: APPROVED: DOROTHY J. ~N~xOCKj Mayor City of Car~el ~/SUSAN W. JONES Clerk-Treasurer 7