HomeMy Public PortalAboutCHAP 150 Building Code
CHAPTER 150: BUILDING CODE
SECTION
150.01 Authority
150.02 Scope
150.03 Adoption of Regulations by Reference
150.04 Application for Permits
150.05 Permit Required
150.06 Other Ordinances
150.07 Fee Schedule
150.08 Review of Application
150.09 Inspections
150.10 Entry
150.11 Stop Work Order
150.12 Certificate of Occupancy
150.13 Standards
150.14 License Requirements
150.15 Registration of Plumbing Contractors
150.16 Wrecking Buildings and Structures
150.17 Moving Buildings or Structures
150.18 Minimum Standards for Exterior Maintenance
150.19 General Provisions
150.20 Liability
150.21 Violations
150.22 Right of Appeal
150.23 Remedies
150.24 Penalties
150.25 Severability
150.26 Supersedes Prior Codes and Ordinances
150.27 Effective Date
150.01 AUTHORITY
The Director of the City Enforcement Authority and 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 anything must be done to the approval of or subject to
the direction of the Director, his duly authorized representatives or any other officer of the City
Enforcement Authority, this shall be construed to give such person only the discretion of
determining whether the rules and standards established by ordinance have been complied with;
and no such provision shall be construed as giving any officer discretionary powers as to what
such regulations, codes, or standards shall be, or power to require conditions not prescribed by
ordinances or to enforce ordinance provisions in an arbitrary or discriminatory manner.
150.02 SCOPE
The provisions of this Code apply to the construction, alterations, repair, use, occupancy,
maintenance, demolition, moving and additions to all buildings and structures, other than fences,
in the City of Richmond, Indiana.
SECTION 150.03 ADOPTION OF RULES BY REFERENCE (Ord. 12-2005)
(a) Pursuant to IC 22-13-2-3-(b), the 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 code and shall include
any later amendments to those rules.
675 IAC 13 Building Codes
(1) Fire and Building Safety Standards
(2) Indiana Building Code
675 IAC 14 Indiana Residential Code
675 IAC 16 Indiana Plumbing Code
675 IAC 17 Indiana Electrical Code
675 IAC 18 Indiana Mechanical Code
675 IAC 19 Indiana Energy Conservation Code
675 IAC 20 Indiana Swimming Pool Code
675 IAC 22 Indiana Fire Code
675 IAC 24 Migrant Day Care Nursery Fire Safety Code
675 IAC 25 Indiana Fuel Gas Code
(b) Copies of adopted building rules, codes and standards are on file in the office of
the City Enforcement Authority.
150.04 APPLICATION FOR PERMITS
The Director of the City Enforcement Authority or his duly authorized representative may require
as a part of the application for a permit the submission of a plat or sketch of the proposed location
showing lot boundaries and 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 I.C. 22-15-3-1 and a copy of the plans and specifications, that have been stamped by
the State Building Commissioner and/or State Fire Marshall showing the work to be done, shall
be provided to the City Enforcement Authority before issuance of a Permit for construction
covered by such Design Release.
150.05 PERMIT REQUIRED
A Building Permit or Service Installation Permit is required to be obtained prior to commencing
work from the City Enforcement Authority on forms furnished by said Department in the
following instances:
(a) Building Permit
(1) All construction, alteration, remodeling or repair of any building or
structure, the cost of which exceeds five hundred dollars ($500.00).
(2) All roofing and siding installations, the cost of which exceeds five hundred
dollars ($500.00).
(3) The demolition of any building or structure.
(4) The moving of any building of structure.
(5) The construction of a public swimming pool.
(6) The installation of a modular or manufactured home on a permanent
foundation.
(7) The installation of a temporary commercial mobile unit bearing an Indiana
Seal of Compliance under Public Law 135.
(b) Service Installation Permit
(1) The installation, alteration, extension or replacement of electrical wiring,
panels and devices within the service area of Richmond Power & Light, including
all new, temporary or replacement electrical service provided by Richmond Power
& Light, new or replacement electric distribution panels, wiring for additional
circuits, rewiring and circuit replacement, wiring for above ground and
underground tanks, wiring for swimming pool equipment and bonding of metal
components and wiring for appliances and equipment including signs.
(2) The installation, alteration, extension or replacement of all heating and air
conditioning equipment.
(3) The installation, alteration, extension or replacement of air handling
equipment and equipment for the removal of smoke and grease-laden vapors from
cooking equipment.
(4) The installation, alteration, extension or replacement of all fire-
extinguishing systems and/or fire-alarm systems.
(5) The installation, alteration, extension or replacement of all plumbing,
piping, fixtures, appliances and appurtenances in connection with sanitary
drainage, liquid waste and sewerage systems, venting systems and water supply
systems, the cost of which work exceeds five hundred dollars ($500.00).
(6) The installation of all new or replacement water heaters, regardless of cost.
(7) Service Installation Permits are not required in the following instances:
(A) Public utilities
Installation of public utilities with respect to construction, maintenance and
development work performed in the exercise of their public function.
(B) Railway utilities
Installation of electrical equipment employed by a railway utility directly in
the exercise of its functions as a public carrier and located outdoors or in
buildings used exclusively for that purpose.
(C) Portable appliances
The installation of a portable heating appliance or of a portable air
conditioning appliance.
(D) 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 antenna.
(E) Maintenance
The maintenance or servicing of an existing electrical, heating, air
conditioning, air handling, commercial kitchen hood, fire-extinguishing,
fire-alarm or plumbing system for the purpose of maintaining it in safe
operating condition in conformance with the provisions of this Code.
(F) 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.
(c) Permit obtained prior to commencing work
It shall be the duty of the property owner, or his authorized agent to obtain all necessary
permits before any work has been started. 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. A
reinspection fee of one hundred dollars ($100.00) shall be assessed and added to the cost
of a Permit when construction, demolition or installation work is begun prior to the
issuance of a Permit and the jobsite has been inspected by any representative of the City
Enforcement Authority. (Ord. 38-2005)
(d) Permit to be posted on site
A Building Permit Card shall be required to be posted on the job site in a conspicuous
place in full view of the public during the construction, alteration, remodeling or repair of
a building or structure until said work shall be completed and finally inspected. A copy of
the Service Installation Permit shall be required to be available on the job site pending
inspection.
(e) Changes not to be made in plans after permit is issued
No change shall be made in any plans, specifications, or construction, after the plans and
specifications have been released by the State Building Commissioner and/or a Building
Permit or Service Installation Permit has been issued, unless such change is approved in
writing by State Building Commissioner and/or by the City Enforcement Authority.
(f) Non-conformity to law discovered after permit issued or plans approved
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 guaranty, warrant or assurance to
any person that any such plans, prints 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.
(g) Expiration of Permits
Every Permit shall expire 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, and work is not recommenced for a
period of one hundred eighty (180) days or more, such work shall be recommenced only
after the issuance of a new permit. (Ord 121-1997)
(h) Revocation of a Permit
The Director of the City Enforcement Authority 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, by Certified Mail or by publication
in a newspaper of general circulation.
(i) Penalty for Failing to Secure and Adhere to Requirements of a Permit
In the event that a person fails to secure a permit for any work for which a permit is
required as set forth within the Code Section; however, begins or continues such work, the
Enforcement Authority shall assess a fee according to the following graduated schedule:
First Offense: $100.00
Second Offense: $250.00
Third and Subsequent Offenses: $500.00
It shall constitute a separate offense for each day that a person violates this subsection. As
such, if a person begins construction, demolition, or installation that requires a permit
hereunder without first obtaining a permit, a fine of $100.00 shall be assessed. If said
person continues construction, demolition, or installation for second day without obtaining
the necessary permit, an additional fine of $250.00 shall be assessed. For each subsequent
day that said person continues construction, demolition, or installation without obtaining
the necessary permits, a fine of $500.00 per day shall be assessed.
The Office of the City Attorney is authorized to purse a judgment for collection of the
fines referenced herein in the Wayne County Courts, which shall include reasonable
attorney’s fees. Additionally, in the event that a person conducts work in violation of the
provisions of Ch. 150.05, the City Attorney may pursue injunctive relief in order to
require the violator to cure the non-compliance with this Code Section. (Ord. 37-2021)
150.06 OTHER ORDINANCES
All work done under any permit issued hereunder shall 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.
150.07 FEE SCHEDULE (Ord. 38-2005)
The schedule of required fees for examinations, licenses, permits, re-inspections, and
certificates of occupancy shall be as follows: All fees shall be payable to the City of Richmond,
Indiana.
(a) Application for examination for trade license
(1) Electrical Contractor $10.00 plus
independent testing
agency fee
(2) Heating and Air Conditioning Contractor $10.00 plus
independent testing
agency fee
(b) Annual Trade License
(1) Electrical Contractor $ 50.00
(2) Heating and Air Conditioning Contractor $ 50.00
(c) Building Permits
(1) New one and two family dwelling - $200.00
(2) New industrial, commercial, institutional and three or more family
dwelling – $2.00 per $1,000.00 of actual cost – minimum $200.00 as follows:
(a) $2.00 per $1,000.00 of actual cost up to the first $10,000,000.
(b) $1.00 per $1,000.00 of actual cost in excess of $10,000,000 up to
$50,000,000.
(c) $.25 per $1,000.00 of actual costs in excess of $50,000,000.
(3) Remodel or repair of all buildings or structures - $2.00 per $1,000.00 of
actual cost - minimum - $50.00
(4) New private residential garages, carports and accessory buildings and
structures - $50.00
(5) Move building or structure - $100.00
(6) (a) Wrecking of one and two family dwelling - $50.00
(b) Wrecking of three or more family dwelling, institutional, commercial
or industrial building - $100.00
(7) Wrecking of private, residential garage or other accessory building or
structure - $30.00
(8) Public swimming pool - $100.00
(9) Installation of modular or manufactured home on a permanent foundation -
$100.00
(10) Installation of temporary commercial mobile unit bearing seal of
Compliance P.L. 135 - $50.00
(d) Service Installation Permits
(1) Electrical
(A) Temporary service - $25.00
(B) New one and two family dwelling - $50.00
(C) New or remodeled three or more family dwelling $2.00 per
$1,000.00 of actual electrical cost plus $5.00 per meter - minimum - $50.00
(D) New or remodeled commercial, institutional or industrial building
or structure - $2.00 per $1,000.00 of actual electrical cost - minimum -
$50.00
(E) Change of service or wiring for additional circuits - one and two
family dwelling - $25.00
(F) Complete rewire - one and two family dwelling - $50.00
(G) Complete rewire - three or more family dwelling - $2.00 per
$1,000.00 of actual electrical cost plus $5.00 per meter - minimum - $50.00
(H) Complete rewire - commercial, institutional or industrial building
or structure - $2.00 per $1,000.00 of actual electrical cost -
minimum - $50.00
The fee for all Service Installation Permits issued for electrical installations outside
the Corporate Limits of the City of Richmond, Indiana, but within the service area
of Richmond Power and Light shall be increased by an additional inspection fee of
$20.00.
(2) Heating and Air Conditioning
(A) New one and two family dwelling - $50.00
(B) New three or more family dwelling, commercial, institutional or
industrial building or structure - $2.00 per $1,000.00 of actual heating and
air conditioning cost - minimum - $50.00
(C) Extension or replacement of heating and air conditioning system
within an existing commercial building or structure - $2.00 per $1,000.00
of actual heating and air conditioning cost - minimum $50.00
(D) Residential: New or replacement furnace - $25.00
(E) Residential: Air conditioning installation - $25.00
(F) Residential: Combination furnace and air conditioning unit or heat
pump installation - $50.00
(G) Conversion burner installation - $25.00
(3) Installation, alteration, extension or replacement of air handling equipment
and/or equipment for the removal of smoke and grease-laden vapors from cooking
equipment $25.00
(4) Installation, alteration, extension or replacement of a fire-extinguishing
system within a building, structure or premise - $2.00 per $1,000.00 of actual cost
- minimum $50.00
(5) Installation, alteration, extension or replacement of a fire alarm system
within a building, structure or premise – $2.00 per $1,000.00 of actual cost –
minimum $50.00
(6) Plumbing
(A) New one and two family dwelling - $50.00
(B) New three or more family dwelling, commercial, institutional or
industrial building or structure - $2.00 per $1,000.00 of actual plumbing
cost - minimum - $50.00
(C) New or replacement water heater - $25.00
(D) Extension or repair of plumbing system within any existing
building or structure $2.00 per $1,000.00 of actual plumbing cost -
minimum - $50.00
(e) Re-inspection Fee
A re-inspection fee of $100.00 shall be assessed and added to the
cost of a Permit when construction, demolition or installation work is
begun prior to the issuance of a Permit.
(f) Certificate of Occupancy as required by the City Enforcement Authority - $50.00
(g) Other units of government shall not be assessed a fee for any permits required
pursuant to this chapter.
150.08 REVIEW OF APPLICATION
Prior to the issuance of any permit hereunder, the City Enforcement Authority shall:
(a) Review all permit applications to determine full compliance with the provisions of
this Ordinance.
(b) Review all permit applications for new construction or substantial improvements
to determine whether proposed building sites will be reasonably safe from flooding.
(c) Review 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 methods
and practices that will minimize flood damage.
(d) Review permit applications for new construction or substantial improvements
within the flood plain area having special flood hazards to assure that the proposed
construction (including prefabricated and mobile homes), (1) is protected against flood
damage, (2) is designed (or modified) and anchored to prevent flotation, collapse, or
lateral movement of the structure, and (3) 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.
150.09 INSPECTIONS
(a) The Director of the City Enforcement Authority or his duly authorized
representatives shall make inspections whenever necessary to enforce any of the
provisions of this Code. When an inspection is made, and it is discovered that work has
commenced on a job site prior to the issuance of a Permit a re-inspection fee of one
hundred dollars ($100.00) shall be assessed and added to the cost of a Permit. Also, the
Director of the City Enforcement Authority or his duly authorized representatives shall
make inspections of the work being done after the issuance of any permit hereunder, as are
necessary to insure full compliance with the provisions of this Code and the terms of the
permit. (Ord. 38-2005)
(b) Any person, firm or corporation who has obtained a Permit from the City
Enforcement Authority shall be required to request an inspection of the work performed in
the following instances. The inspection shall be requested at least twenty-four (24) 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 means for the proper inspection of such work. The
person responsible for performing the work shall be required to be present on the job site
during 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 the 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.
(1) The installation of a temporary electrical service on a pole.
(2) Footing and foundation excavations prior to the placement of concrete.
(3) The installation of all underground and underslab electrical, heating and air
conditioning, fire-extinguishing, fire-alarm and plumbing systems prior to being
covered.
(4) The construction of structural components of a new building or structure or
of an addition to a building or structure, including floors, walls, ceilings and roof,
prior to said structural components being covered.
(5) The installation of all rough-in and final electrical, heating and air
conditioning, air handling, commercial kitchen hood, fire-extinguishing, fire-alarm
and plumbing systems within a building or structure prior to being covered.
(6) The installation of an electrical meter on a building or structure.
(7) The installation of replacement furnaces, heat pumps, central air
conditioning systems and water heaters.
(8) 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.
(9) The excavation of an inground swimming pool and the electrical bounding
and grounding of all metal components prior to the placement of concrete.
(10) The installation of a modular or manufactured home on a permanent
foundation.
(c) No person, firm or corporation shall connect or permit to be connected any
electrical installation, heating or air conditioning installation, air handling installation,
commercial kitchen hood, 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 City Enforcement Authority, and a Certificate of Approval has been attached to
such installation by the Department. The Certificate of Approval shall be in the form of a
sticker and shall be signed by the Director of the Department or his duly authorized
representative.
150.10 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 Director of the City Enforcement
Authority or his duly authorized representatives may enter at reasonable times any building,
structure or premises in the City of Richmond to perform any duty imposed upon him by this
Code.
150.11 STOP ORDER
(a) Whenever any work is being done contrary to the provisions of this Code or
whenever satisfactory progress is not being made in correcting work ordered by the
Director of the City Enforcement Authority or his duly authorized representative, said
Director 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. Whenever work has been stopped on a job site, the City Enforcement Authority shall
attempt to notify in writing the owner, the contractor and any persons engaged in doing or
causing such work to be done. Such written notice may be served in person or served by
First Class U.S. Mail. The Stop Work Card shall specify in writing that portion of the
work in violation and to be stopped. It shall be the owner’s responsibility to ensure that
the Stop Work Order is complied with. The owner, the contractor and any person, firm or
corporation who shall continue or permit to be continued any work on a stopped project,
or portion thereof, other than corrective work, shall be in violation of this Code and shall
be fined in the amount of one hundred dollars ($100.00). The owner, the contractor and
the person, firm or corporation shall be notified in writing of such violation and fine. The
written Citation and Notice of Violation shall be delivered by Certified Mail, Return
Receipt Requested or by delivery in person. Each act of violation and every day, or
portion thereof, upon which a violation occurs shall be considered a separate offense. All
fines shall be payable in the Office of the City Clerk of the City of Richmond, Indiana or
in the proper court of jurisdiction.
(b) The Citation and Notice of Fine shall be in writing and in a form approved by the
Board of Public Works and Safety. The Citation and Notice of Fine shall include a
statement of the nature of the violation, location of the City Clerk’s Office, identification
of the violator and identification of the issuing official. Failure to remit the fine within ten
(10) days shall result in issue of summons for said violation in the proper court of
jurisdiction.
150.12 CERTIFICATE OF OCCUPANCY
After the adoption of this Code, it 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 full, partial or temporary
Certificate of Occupancy by the City Enforcement Authority. No Certificates of Occupancy shall
be issued unless such building or structure was constructed, erected, altered, repaired or changed
in compliance with the provisions of this Code. A partial or temporary Certificate of Occupancy
may be issued when it is determined that the work to be completed or corrected does not
adversely affect building safety and fire safety features of the building or structure. The City
Enforcement Authority may require that the owner and/or the professional inspecting architect or
engineer of a construction project submit to the Department, prior to the issuance of a Certificate
of Occupancy, a statement indicating that the project construction work is substantially complete
in accordance with the construction documents released by the State Building Commissioner.
Said statement shall also list all remaining items that require completion or correction.
150.13 STANDARDS
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.
150.14 LICENSE REQUIREMENTS
(a) Electrical Examining Board
(1) 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 licensing of persons engaged in installing electrical systems, to be known as
the “Electrical Examining Board of the City of Richmond, Indiana”. The
Electrical Examining Board (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 four (4) members. One (1)
member shall be the Director of the City Enforcement Authority or his duly
authorized representative. Three (3) members shall be appointed by the Mayor as
follows: two (2) licensed Electrical Contractors and one (1) person employed in a
supervisory capacity at Richmond Power and Light. Members shall serve for a
term of four (4) years and shall hold office at the pleasure of the Mayor. Each term
shall expire on December 31st of the fourth year. However each member shall
continue to serve until a successor is appointed. Vacancies occurring within a
term shall be filled by the Mayor for the unexpired portion of the term. Each
Board member, not employed by the City of Richmond, shall receive twelve
dollars and fifty cents ($12.50) for each regular meeting of the Board he attends
and shall receive twenty-five dollars ($25.00) for each special meeting of the
Board he attends.
(3) At least once each quarter, 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.
(Ord. 37-1997)
(4) 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) Three (3) 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 three (3) members.
(6) No new license under this Section shall be issued without written approval
by the Board.
(b) Electrical License
(1) All persons performing any installation, alteration or repair of any electrical
wiring, devices, panels or equipment in the City of Richmond or within the service
area of Richmond Power and Light shall be required to be licensed by the City of
Richmond as an Electrical Contractor or shall be in the employ of a licensed
Electrical Contractor working under the supervision, direction and responsibility of
said licensed contractor.
(2) 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.
(3) Issuance of Permits
It shall be the responsibility of licensed Electrical 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 be done any work under a permit secured by said Contractor
except persons in his employ.
(4) 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.
(B) The performance of electrical work in a one-family dwelling by the
owner-occupant of the dwelling; provided, however, that 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.
(C) The maintenance or 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.
(5) Application
Each applicant shall apply in writing to the Board for a license at least thirty (30) days
before the next scheduled examination date. The application shall include:
(A) The applicant’s name, address, telephone number and age.
(B) The applicant’s number of years of experience in the trade.
(C) The applicant’s present place of employment.
(D) Any license currently held by the applicant for another jurisdiction.
(E) Payment of a ten dollar ($10.00) fee and whatever fee may be assessed
by any private independent testing agency, should such an agency be used.
(Ord. 37-1997) (Ord. 38-2005)
(6) Examination
To qualify for a new license, an applicant must earn a score of not less than
seventy-five percent (75%) correct answers to a written examination to be given by
the Board. The examination may be prepared by a private independent testing
company or may be prepared by the Board. The examination may be designed to
be taken using open reference books approved by the Board. An applicant who
fails to pass an examination may not be re-examined earlier than the next
scheduled examination upon submitting a new application in compliance with this
section. An applicant who passes the examination shall not be required to retake
the examination to obtain a license renewal, if he meets the renewal requirements
as specified below. If a private independent testing agency is utilized, the Board
shall grant a license to any applicant who has previously taken and scored at least
seventy-five percent (75%) on the same exam in another jurisdiction. Such
applicants must complete an application for a license, pay a fee, and provide a
License Bond as required by this chapter. The Board may require a letter of
verification from the jurisdiction or institution where the applicant was previously
examined. (Ord. 37-1997)
(7) License Bond
Each applicant approved to be granted an Electrical Contractor’s License must also
provide a License Bond, payable to the City in the penal sum of five-thousand
dollars ($5,000.00) conditioned upon faithful compliance with the provisions of
this Code as it pertains to the regulation of electrical work and apparatus and
agreeing to pay all damages, costs and expenses caused by the negligence of the
licensee through failure to comply with such provisions.
(8) Issuance of Certificate of License
(A) The Board shall examine the application, the accompanying
documentation, other information provided and examination results, and
shall grant or deny the license applied for. Appeal from the denial,
suspension or revocation of any license by the Board shall be made to the
Board of Public Works and Safety of the City of Richmond, Indiana.
(B) The Board shall issue a license to any applicant who has complied
with all requirements of the application, including but not limited to the
filing of a bond and payment of the prescribed license fee.
(C) Each Certificate of License shall be issued to an individual and not
to a company or corporation. The Certificate of License shall specify the
name of the person to whom the license is issued and the expiration date of
the license. The Certificate of License shall be posted in a conspicuous
place in the licensee’s principal place of business.
(9) Term of license; renewal
(A) Term
The term of each license under this Section is from the date of issuance of
a new license or January 1st of a renewal license through and including
December 31st of each calendar year.
(B) Renewal
A person is eligible for a renewal license if he holds a valid and unrevoked
license under this section and complies with the applicable License Bond
requirements of this Code. Each license shall be renewed by June 30th of
the next calendar year.
(10) This section does not revoke outstanding licenses. The adoption of this
Code shall not operate to automatically revoke the license of any person who has
heretofore been granted a license by any prior Board. However, all licenses shall
be subject to the provisions of this Code and may be suspended or revoked upon a
determination of just cause.
(c) Heating and Air Conditioning Examining Board
(1) 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 licensing of persons engaged in installing heating and air conditioning
equipment to be known as the Heating and Air Conditioning Examining Board of
the City of Richmond, Indiana. The Heating and Air Conditioning Examining
Board (referred to below as the Board) shall examine applicants for licenses under
this Section, issue Certificates of Licenses 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 members 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 four (4) members. One (1)
member shall be the Director of the City Enforcement Authority or his duly
authorized representative. Three (3) members shall be appointed by the Mayor as
follows: two (2) licensed Heating and Air Conditioning Contractors and one (1)
person employed in the Inspection Division of the Richmond Fire Department.
Members shall serve for a term of four (4) years and shall hold office at the
pleasure of the Mayor. Each term shall expire on December 31st of the fourth
year. However, each member shall continue to serve until a successor is
appointed. Vacancies occurring within a term shall be filled by the Mayor for the
unexpired portion of the term. Each Board member, not employed by the City of
Richmond, shall receive twelve dollars and fifty cents ($12.50) for each regular
meeting of the Board he attends and shall receive twenty-five dollars ($25.00) for
each special meeting of the Board he attends.
(3) At least once each quarter, 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.
(Ord. 37-1997)
(4) 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) Three (3) 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 three (3) members.
(d) Heating and Air Conditioning Licenses
(1) All persons performing any installation or alteration of any heating and air
conditioning equipment within the City of Richmond shall be required to be
licensed by the City as a Heating and Air Conditioning Contractor or shall be in
the employ of a licensed Heating and Air Conditioning Contractor working under
the supervision, direction and responsibility of said licensed Contractor.
(2) Non-transferrability 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 another person, firm or corporation to enable such
person, firm, or corporation to work on a job without obtaining the proper license
or permit.
(3) Issuance of Permits
It shall be the responsibility of licensed Heating 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’s License Bond and 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 be done any work under a permit secured by said Contractor
except persons in his employ.
(4) Exemption
No license under this Section is required for the execution or performance of the
following heating and air conditioning work:The performance of heating and air
conditioning work in a one-family dwelling by the owner-occupant of the
dwelling; provided, however, that this exemption does not apply to any person
hired by the owner-occupant for compensation to assist or to perform such heating
and air conditioning work on that dwelling.
(5) Application
Each applicant shall apply in writing to the Board for a license at least thirty (30) days
before the next scheduled examination date. The application shall include:
(A) The applicant’s name, address, telephone number and age.
(B) The applicant’s number of years of experience in the trade.
(C) The applicant’s present place of employment.
(D) Any license currently held by the applicant for another jurisdiction.
(E) Payment of a ten dollar ($10.00) fee and whatever fee may be assessed
by any private independent testing agency, should such an agency be used.
(Ord. 37-1997) (Ord. 38-2005)
(6) Examination
To qualify for a new license, an applicant must earn a score of not less than
seventy-five percent (75%) correct answers to a written examination to be given by
the Board. The examination may be prepared by a private independent testing
company or may be prepared by the Board. The examination may be designed to
be taken using open reference books approved by the Board. An applicant who
fails to pass an examination may not be re-examined earlier than the next
scheduled examination upon submitting a new application in compliance with this
section. An applicant who passes the examination shall not be required to retake
the examination to obtain a license renewal, if he meets the renewal requirements
as specified below. If a private independent testing agency is utilized, the Board
shall grant a license to any applicant who has previously taken and scored at least
seventy-five percent (75%) on the same exam in another jurisdiction. Such
applicants must complete an application for a license, pay a fee, and provide a
License Bond as required by this chapter. The Board may require a letter of
verification from the jurisdiction or institution where the applicant was previously
examined. (Ord. 37-1997)
(7) License Bond
Each applicant approved to be granted a Heating and Air Conditioning
Contractor’s License must also provide a License Bond, payable to the City in the
penal sum of five-thousand dollars ($5,000.00) conditioned upon faithful
compliance with the provisions of this Code as it pertains to the regulation of
heating and air conditioning work and apparatus and agreeing to pay all damages,
costs and expenses caused by the negligence of the licensee through failure to
comply with such provisions.
(8) Issuance of Certificate of License
(a) The Board shall examine the application, the accompanying
documentation and other information provided, examination results, and
shall grant or deny the license applied for. Appeal from the denial,
suspension or revocation of any license by the Board shall be made to the
Board of Public Works and Safety of the City of Richmond, Indiana.
(b) The Board shall issue a license to any applicant who has complied
with all requirements of the application, including but not limited to the
filing of a bond and payment of the prescribed license fee.
(c) Each Certificate of License shall be issued to an individual and not
to a company or corporation. The Certificate of License shall specify the
name of the person to whom the license is issued, and the expiration date
of the license. The Certificate of License shall be posted in a conspicuous
place in the licensee’s principal place of business.
(9) Term of License; Renewal
(A) Term
The term of each license under this Section is from the date of issuance of a
new license or January 1st of renewal license through and including
December 31st of each calendar year.
(B) Renewal
A person is eligible for a renewal license if he holds a valid and unrevoked
license under this section and complies with the applicable License Bond
requirements of this Code. Each license shall be renewed by June 30th of
the next calendar year.
(10) This section does not revoke outstanding licenses. The adoption of this
Code shall not operate to automatically revoke the license of any person who has
heretofore been granted a license by any prior Board. However, all licenses shall
be subject to the provisions of this Code and may be suspended or revoked upon a
determination of just cause.
150.15 REGISTRATION OF PLUMBING CONTRACTORS
(a) Definitions
The meaning of the terms, “plumbing”, “plumbing contractor”, “journeyman plumber”,
“apprentice plumber”, “farmstead” and “maintenance man” shall be as set forth and
defined in Indiana Law I.C. 25-28.5-1, et. seq.
(b) Performing Plumbing in the City - Registration of plumbing contractors and
requirement for permits
All persons performing plumbing in the City of Richmond shall be licensed by the State
of Indiana as either one of the following: (1) a Plumbing Contractor, (2) a Journeyman
Plumber under the supervision, direction and responsibility of a licensed Plumbing
Contractor, or (3) an Apprentice Plumber under the direction and immediate supervision
of a licensed Plumbing Contractor or a licensed Journeyman Plumber. All Plumbing
Contractors performing plumbing in the City of Richmond shall be required to be
registered with the City Enforcement Authority of said City. It shall be the responsibility
of licensed and registered Plumbing Contractors to secure permits required by the
provisions of this Code prior to commencing work. No registered Contractor shall allow
any other person to do or cause to be done any work under a permit secured by said
Contractor except persons in his employ. Provided, however, that the owner-occupant of
a dwelling of eight (8) or fewer residential units shall not be required to be licensed by the
State and shall not be required to register when the owner-occupant is installing, altering
or repairing the plumbing of said residential units. The Owner-occupant shall be required
to obtain all necessary permits prior to commencing work. Registration of Plumbing
Contractor shall be on forms provided by the City Enforcement Authority. Registration is
on a per annum calendar year basis.
(c) Display of license and registration
Every Plumbing Contractor, Journeyman Plumber and Apprentice Plumber shall carry on
that person a facsimile of that person’s license or certificate of registration on any job
location where he is engaged in plumbing contracting or the trade of plumbing. The
Plumbing Contractor, Journeyman Plumber or Apprentice Plumber shall display that
person’s license and/or certificate of registration upon the demand of any Inspector of the
State of Indiana or the Director of the City Enforcement Authority or his duly authorized
representative.
150.16 WRECKING BUILDINGS AND STRUCTURES
(a) Wrecking Permits
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
City Enforcement Authority, 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) Liability for Property Damage and Bodily Injury
All persons engaged in the demolition of a building or structure, including the property
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 Richmond 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 the business of demolition contracting, said person, firm or corporation shall
furnish to the City Enforcement Authority a Certificate of Insurance, indicating the
appropriate endorsement for wrecking or demolition work. The minimums of such
insurance shall be as follows:
Each Occurrence Aggregate
Liability for Bodily $100,000.00 $300,000.00
Injury
Liability for Property $100,000.00 $300,000.00
Damage
OR COMBINED SINGLE LIMIT COVERAGE AS FOLLOWS:
Liability for Bodily $300,000.00 $300,000.00
Injury and Property
Damage
(c) Minimum Standards for Demolition
All persons engaged in the demolition of a building or structure shall comply with the
following minimum standards:
(1) Control shall be maintained over the site and operation to eliminate
hazards to the public. Nails or other tire puncturing items shall not be dropped on
streets, alleys and adjacent property. Public streets, curbs and sidewalks shall be
protected from damage. The person engaged 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.
(2) Basement walls and all other concrete slabs and footings not intended or
not able to be reused shall be removed two (2) feet below finished grade. Material
used for backfill shall be free of wood and compacted thoroughly.
(3) All sewer and drain lines shall be removed for a distance of two (2) feet
outside of the basement wall and shall be thoroughly plugged and sealed with
cement. All 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 plugged and sealed to prevent leakage.
(4) Basement floors shall be broken to provide positive drainage for a
minimum of twenty percent (20%) of the floor area uniformly distributed.
(5) All underground tanks present on the site shall be removed. Cisterns
present on the site shall be filled in accordance with the requirements for
basements.
(6) All debris resulting from the demolition work shall be properly 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 graded and all debris has been removed.
150.17 MOVING BUILDINGS OR STRUCTURES
(a) Approval and Permit Required for Moving Buildings and Structures
(1) 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 Richmond without first obtaining the approval of the Board of Public
Works and Safety of the City of Richmond, and obtaining a Permit from the City
Enforcement Authority.
(2) Any person desiring to move a building or structure shall submit an
application to the City Enforcement Authority 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 Park Superintendent indicating any problems or
recommendation regarding potential damage to trees along the public right-
of-way.
(D) A letter from the Traffic Division of the Richmond Police
Department with recommendations regarding the proposed route and traffic
control.
(E) A letter from the Director of the Department of Public Works
indicating any problems or recommendations regarding public facilities and
improvements.
(F) A letter from the City enforcement authority regarding the overall
structural condition of the building or structures proposed to be moved.
(G) Approval from the County Highway Engineer if the proposed route
includes any County highway or bridge.
(H) Approval from the Indiana Department of Transportation if the
proposed route includes any State highways.
(I) Written authorization from any private property owner whose land
must be crossed during the move.
(J) A Certificate of Insurance and Performance Bond as required
below.
(3) 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 Richmond. 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 be 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
City Enforcement Authority may issue a Moving Permit.
(4) 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.
(5) No application for moving shall be approved by the Board if the building
or structure proposed to be moved has been damaged by wear or tear or 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.
(b) Insurance and Bonding Requirements
(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 occurring as a
result of moving a building or structure. The Applicant shall agree to defend,
indemnify and hold harmless the City of Richmond, 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 City Enforcement Authority 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 Occurrence Aggregate
Liability for $500,000.00 $1,000,000.00
Bodily Injury
Liability for Public
and Private Property
Damage $500,000.00 $1,000,000.00
OR COMBINED SINGLE LIMIT COVERAGE AS FOLLOWS:
Liability for
Bodily Injury and
Property Damage $1,000,000.00 $1,000,000.00
(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 bond, 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) In 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 building or structure on its
permanent foundation. The Board shall release the Performance Bond upon the
satisfactory completion of the move and the placement of the building or structure
on its permanent foundation.
150.18 MINIMUM STANDARDS FOR EXTERIOR MAINTENANCE
(a) Exterior Maintenance Standards
(1) 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.
(2) 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, awnings 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 blighting
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 of 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.
(3) All surfaces shall be maintained free of significant broken glass, loose
shingles, crumbling stone or brick, peeling paint, or other cumulative conditions
reflective of deterioration or inadequate maintenance, 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. (Ord. 2-2001)
(4) All premises shall be maintained and lawn, hedges, bushes, trees, and other
vegetation shall be kept trimmed and from becoming overgrown and unsightly
where exposed to public view or where such vegetation may constitute a blighting
influence on adjoining property.
(5) All premises shall be maintained free of all debris, trash, rubbish, litter,
garbage, refuse, junk and foundation remnants. No premises shall be used for the
storage of inoperable motor vehicles, machinery, junk vehicles or machinery and
vehicle parts when such storage is within view of any public premises or public
alley, street or highway so as not to cause a blighting problem or adversely effect
the public health or safety or where such storage presents a blighting influence on
any adjoining property.
(6) All vacant structures and premises thereof or vacant land shall be
maintained in a clean, safe, secure and sanitary condition as provided herein.
(b) Remedies
(1) The Director of the City Enforcement Authority shall request the City
Attorney to bring action on behalf of the City in the Circuit or Superior Courts of
Wayne County, Indiana, for mandatory and injunctive relief in the enforcement of
and to secure compliance with any order or orders made by the Director 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 guilty of a violation of this Ordinance may also
be adjudged to pay the costs of prosecution.
(2) The owner of the property shall be notified in writing stating that the
property owner shall have a maximum of fifteen (15) 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 (c)
below.
(c) Penalties
(1) If any property owner violates the provisions of this Section, said property
owner shall be notified in writing of such violation.
(2) The Director of the City Enforcement Authority or his authorized
representative shall send a “Violation Notice” by First Class Mail or by delivery in
person to the property owner found to be in violation of this section, and that said
person shall have a maximum of five (5) days to complete and return a form letter
indicating agreement to “Correct the Violation within fifteen (15) days” or to
“Appeal the Violation”.
(3) Upon receipt of a request for an appeal the Director 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”.
(4) Upon presentation of convincing 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.
(5) Proof of Hardship
Upon proof of hardship a resident-owner may be granted 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.
(6) 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 and fined accordingly, pursuant to
section 10.99 of the City Code.
(7) Notice of such violation shall be by written notice in form as approved by
the Board of Public Works and Safety, and notice shall include a statement of the
nature of the violation, location of City Clerk’s office, identification of the violator
and identification of issuing official.
(8) Enforcement of this section shall be by the Director of the City
Enforcement Authority or his authorized representative.
(9) Failure to remit fine within ten (10) days shall result in issuance of
summons for said violation in the proper court of jurisdiction.
(d) Right of Appeal
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.
150.19 GENERAL PROVISIONS
(a) Temporary Buildings or Uses
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 Richmond,
Indiana unless such building, structure, trailer, 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 Fire Prevention and Building Safety
Commission of the State of Indiana. Except that the provisions of this section shall not
apply in the following instances:
(1) Contractor trailers 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 Richmond. The City Enforcement Authority 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.
(b) Tents
Any tent or air-supported structure erected within the corporate limits of the City of
Richmond, intended to be used by the public, shall comply with the provisions of the
Indiana Fire Prevention Code.
(c) Responsibility of Police Department to assist the City Enforcement Authority
The Richmond Police Department, upon request of the City Enforcement Authority, shall
assist in the enforcement of this Code. The Director of the Department or his duly
authorized representative may request the Police to accompany them to any premises to
help enforce the law and serve required notices.
(d) Fire Department to cooperate with the City Enforcement Authority
The Richmond Fire Department shall cooperate with and provide assistance to the City
Enforcement Authority in determining the compliance of new buildings and structures
under construction with the fire safety standard requirements of this Code.
(e) Storm water and Subsoil Drainage 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.
(f) Construction Work and Building Material in Public Right-of-way
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.
(g) Interceptor Required
An interceptor shall be required to be installed in occupancies where grease, oil, sand,
solids, flammable wastes, acid or alkaline substances or other ingredients may be
introduced into the drainage or sewage system in quantities that can affect line stoppage or
hinder sewage treatment. Such occupancies 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, and packing, fat rendering, hide curing
and vehicle washing establishments. Interceptors shall be installed in compliance with the
provisions of the Indiana Plumbing Code.
(h) Change of Use of 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 comply with the current requirements of this Code for the proposed
revised use of the building.
(i) Maintenance
All 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, safeguards and systems shall be maintained in
conformance with the 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 Director of the City
Enforcement Authority or his authorized representative may cause any building or
structure to be reinspected.
(j) Authority to Take Emergency Action
The Director of the City Enforcement Authority 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 Richmond, Indiana. 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.
(k) Disconnection of Unsafe Electrical Service by Richmond Power and Light
In the event Richmond Power and Light removes an electrical meter 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 eliminate all
unsafe and hazardous conditions.
(l) Electrical Connections by Heating and Air Conditioning Contractors and Plumbers
Any licensed Heating and Air Conditioning Contractor or person in his employ and any
Registered 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. However, such persons shall not
be permitted to install service equipment, branch circuits, over current devices nor
resistance electric heat.
(m) Sealing Vacant Buildings and Structures
The sealing and securing of any vacant building or structure, including any work
performed subject to an Order issued under the Unsafe Building Code of the City of
Richmond, 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 grade 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 Buildings and Structures
The regulation and abatement of unsafe buildings and structures shall be in accordance
with Chapter 98 of the Code of Ordinances of the City of Richmond, Indiana.
150.20 LIABILITY
The City of Richmond, the Director of the City Enforcement Authority or his duly authorized
representatives charged with the enforcement of this Code, acting in good 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. Any suit brought against the City or the Director or his duly authorized
representatives because of such act of omission performed by them in the enforcement of any
provisions of this Code, shall be defended by the Legal Department of the City until final
termination of the proceedings.
150.21 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 Richmond,
Indiana, or cause or permit the same to be done, contrary to or in violation of the provisions of
this Code.
150.22 RIGHT OF APPEAL
All persons shall have the right to appeal the decision(s) of the Director of the City Enforcement
Authority or his duly authorized representatives first through the Board of Public Works and
Safety of the City of Richmond, and then to the Fire Prevention and Building Safety Commission,
in accordance with the provisions of I.C. 22-13-2-7 and I.C. 4-21.5-3-7.
150.23 REMEDIES
The Director of the City Enforcement Authority shall request the City Attorney to bring actions
on behalf of the City in the Circuit or Superior Courts of Wayne County, Indiana, for mandatory
and injunctive relief in the enforcement of and to secure compliance with any order or orders
made by the Director or his duly 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 Code.
Any person adjudged guilty of a violation of this Code may also be adjudged to pay the costs of
prosecution.
150.24 PENALTIES
If any person, firm or corporation 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 of the City Enforcement Authority or his duly authorized
representative, or shall fail, neglect or refuse to obey any lawful order given by the Director 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 be fined in any sum not less
than one hundred dollars ($100.00), nor more than one thousand dollars ($1,000.00). Each act of
violation and every day upon which a violation occurs constitutes a separate offense.
150.25 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 provision and such holding shall not effect the validity of the
remaining portions hereof.
150.26 SUPERSEDES PRIOR CODES AND ORDINANCES
The provisions of this Code shall supersede any provisions of prior Ordinances or Codes in
conflict with the provisions contained herein.
150.27 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 the State of Indiana, and publication as required
by law. (Ord. 10-1988)