HomeMy Public PortalAbout030-1988- REGULATING THE CONSTRUCTION ALTERATION REPAIR LOCATION AND USE OF BUILDINGS AND STRUCTURES IN THE CITYt
AN ORDINANCE REGULATING THE CONSTRUCTION, ALTERATION, REPAIR,
LOCATION -AND USE OF BUILDINGS AND STRUCTURES IN THE CITY OF
RICHMOND, INDIANA; PROVIDING FOR THE ISSUANCE OF PERMITS
THEREFOR; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; AND
REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT
THEREWITH.
BE IT ORDAINED by the Common Council of the City of Richmond,
Wayne County, Indiana as follows:
SECTION 1: ADOPTION: This Ordinance is hereby adopted
pursuant to the provisions of Indiana Law I.C.
22-13 and I.C. 36-7. This Ordinance shall repeal
Amended Ordinance No. 59-1986 and all amendments
thereto and shall become Chapter 150 of the Code of
Ordinances of the City of Richmond, Indiana.
SECTION 2: TITLE: This Ordinance, and all ordinances
supplemental or amendatory hereto, shall be known
as the "Building Code of the City of Richmond,
Indiana", may be cited as such, and will be
referred to herein as "this Code".
SECTION 3: PURPOSE: The purpose of this Code is to provide
minimum standards for the protection of life, limb,
health, environment, public safety and welfare and
for the conservation of energy in the design and
construction of buildings and structures.
SECTION 4: AUTHORITY: The Director of the Department of
Planning, Permits and Inspections 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
Directory his duly authorized representatives or
any other officer of the Department of Planning,
Permits and Inspections, 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.
SECTION 5:
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 6: ADOPTION OF REGULATIONS BY REFERENCE
A. Building rules of the Indiana Fire Prevention
and Building Safety Commission as set out in
the following articles of Title 675 of the
Indiana Administrative Code are hereby
incorporated by reference in this Code and
shall include later amendments to those
Articles as the same are published in the
Indiana Register or the Indiana Administrative
Code with effective dates as fixed therein:
1. Article 13 - Building Codes
(a) Fire and Building Safety Standard
(b) Indiana Building Code
(c) Indiana Building Code Standards
(d) Indiana Handicapped Accessibility Code
2. 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.
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.
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7. Article 20 - Swimming Pool Codes
(a) Indiana Swimming Pool Code
B. Copies of adopted building rules, codes and
standards are on file in the office of the
Department of Planning, Permits and
Inspections.
SECTION 7. APPLICATION FOR PERMITS. The Director of the
Department of Planning, Permits and Inspections 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 Department of Planning, Permits and Inspections
before issuance of a Permit for construction
covered by such Design Release.
SECTION 8: PERMIT REQUIRED. A Building Permit or Service
Installation Permit is required to be obtained
prior to commencing work from the Department of
Planning, Permits and Inspections 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.
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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.
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C.
(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.
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 fifty dollars
($50.00) 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 Department of Planning,
Permits and Inspections.
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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
Department of Planning, Permits and Inspections.
F. Non -Conformity to Law Discovered After Permit
Issued or Plans A22roved.
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, print or set of specifications,
are in conformity to the provisions of this Code
and to all laws and Ordinances. Upon the
discovery of any departure of any such plans,
print, or specifications, from the requirements
of this Code, such departure shall be corrected
immediately, and the erection, construction,
repair or work shall be made to conform to the
provisions of this Code.
G. Expiration of Permits.
Every Permit shall expire by limitation if active
work shall not have been commenced within sixty
(60) days of the date of issue thereof. If the
work authorized by such Permit is suspended or
abandoned at any time after work is commenced,
for a period of one hundred eighty (180) days,
such work shall be recommenced only after the
issuance of a new permit. If no construction
has been done above the foundation of a proposed
building or structure within one (1) year of the
date of issue of the Permit, the Permit shall
expire by limitation.
H. Revocation of a Permit
Director of the Department of Planning, Permits
and Inspections 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.
SECTION 9. 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.
SECTION 10. FEE SCHEDULE. The schedule of required fees for
examinations, licenses, permits, reinspections, 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
$ 25.00
2. Heating and Air Conditioning $ 25.00
Contractor
The required Examination fee accompanying the
application for a trade license shall be increased to
one hundred dollars ($100.00) for any applicant who
requests a special meeting of the Examining Board.
B. Annual Trade License:
1. Electrical Contractor
$ 50.00
2. Heating and Air Conditioning $ 50.00
Contractor
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C. Buildinq Permits:
1. New One and Two Family Dwelling
2. New Industrial, Commercial,
Institutional and Three or More
Family Dwelling - $2.00 per
$1,000.00 of actual cost - minimum
3. Remodel or Repair of All
Buildings or Structures -
$2.00 per $1,000.00 of
actual cost - minimum
4. New private residential
garages, carports and
accessory buildings and structures
5. Move building or structure
6. Wrecking of One and Two Family
Dwelling, Three or More Family
Dwelling, Institutional, Commercial
or Industrial Building
7. Wrecking of private, residential
garage or other accessory
building or structure
8. Public swimming pool
9. Installation of modular or
manufactured home on a permanent
foundation
10. Installation of temporary
commercial mobile unit bearing
seal of Compliance P.D. 135
D. Service Installation Permits:
1. Electrical
Temporary Service
New One and Two Family Dwelling
New Three or More Family Dwelling
$2.00 per $1,000.00 of actual
electrical cost plus $5.00 per
meter - minimum
$100.00
$100.00
$ 15.00
$ 15.00
$100.00
$ 30.00
$ 15.00
$ 15.00
$ 30.00
$ 15.00
$ 15.00
$ 30.00
$ 45.00
New Commercial, Institutional or
Industrial Building or Structure -
$2.00 per $1,000.00 of actual
electrical cost - minimum $ 30.00
Change of Service or Wiring for
additional circuits - One and
Two Family Dwelling $ 15.00
Change of Service or wiring for
additional circuits - Three or
more family dwelling, commercial,
institutional or industrial
buildings or Structures. $ 25.00
Complete rewire - One and Two
family dwelling $ 25.00
Complete rewire - Three or more
family dwelling $2.00 per $1,000.00
of actual electrical cost plus
$5.00 per meter - minimum $ 45.00
Complete rewire - Commercial,
Institutional or industrial
building or structure -
$2.00 per $1,000.00 of actual
electrical cost - minimum $ 30.00
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
New One and Two Family Dwelling $ 25.00
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 $ 25.00
Extension or repair of heating
and air conditioning system
within an existing building
or structure - $2.00 per $1,000.00
of actual heating and air conditioning
cost - minimum $ 15.00
New or Replacement Furnace $ 15.00
SECTION 11.
Air conditioning installation
Combination furnace and air
conditioning unit or heat
pump installation
Conversion burner installation
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
4 Installation, alteration, extension
or replacement of a
fire -extinguishing and/or fire -alarm
system within a building, structure
or premise - $2.00 per $1,000.00
of actual cost - minimum
5. Plumbing
New One and Two Family Dwelling
New three or more family
dwelling, commercial, institutional
or industrial building or structure -
$2.00 per $1,000.00 of actual
plumbing cost - minimum
New or replacement water heater
$ 15.00
$ 25.00
$ 15.00
$ 15.00
$ 25.00
$ 25.00
$ 25.00
$ 15.00
Extension or repair of plumbing
system within any existing
building or structure $2.00 per
$1,000.00 of actual plumbing
cost - minimum $ 15.00
D. Reinspection Fee $ 50.00
A reinspection fee 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 Department
of Planning, Permits and Inspections.
E. Certificates of Occupancy $ 45.00
F. Purchase of Building Code $ 2.00
REVIEW OF APPLICATION. Prior to the issuance of any
permit hereunder, the Department of Planning, Permits
and Inspections shall:
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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,
flood damage, 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.
SECTION 12. INSPECTIONS. The Director of the Department of
Planning, Permits 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 reinspection fee of
fifty dollars ($50.00) shall be assessed and added to
the cost of a Permit. Also, the Director of the
Department of Planning, Permits and Inspections 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.
Any person, firm or corporation who has obtained a
Permit from the Department of Planning, Permits and
Inspections 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
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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.
A. The installation of a temporary electrical
service on a pole.
B. Footing and foundation excavations prior to the
placement of concrete.
C. The installation of all underground and underslab
electrical, heating and air conditioning,
fire -extinguishing, fire -alarm and plumbing
systems prior to being covered.
D. 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.
E. 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.
F. The installation of an electrical meter on a
building or structure.
G. The installation of replacement furnaces, heat
pumps; central air Conditioning systems and water
heaters.
H. 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.
I. The excavation of an inground swimming pool and
the electrical bounding and grounding of all
metal components prior to the placement of
concrete.
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J. The installation of a modular or manufactured
home on a permanent foundation.
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 Department of Planning,
Permits and Inspections, 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.
SECTION 13. 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 Department of Planning, Permits and Inspections
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.
SECTION 14. STOP ORDER. 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 Department of
Planning, Permits and Inspections 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 Department of Planning, Permits and Inspections
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
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shall be notified in writing of such violation and
fine. The written Citation and Notice of Violation
shall be delivered by Certified Nail, 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.
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.
SECTION 15. 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
Department of Planning, Permits and Inspections. 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 effect building safety and fire
safety features of the building or structure. The
Department of Planning, Permits and Inspections 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.
SECTION 16. 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.
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SECTION 17. 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 Department of Planning,
Permits and Inspections 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.
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3. On the first Wednesday, in January, April,
July and October, 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.
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-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 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
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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
ten (10) 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.
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(e) Payment of twenty-five dollars ($25.00)
for the Electrical Contractor's Exam. In
the event of a specially scheduled exam,
the examination fee shall be one hundred
dollars ($100.00).
6. Examination. To qualify for a new license,
an applicant must earn a score of not less
than seventy percent (70%) 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.
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
($5,000.00) Dollars 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 lst 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.
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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 Department of Planning,
Permits and Inspections 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. On the first Wednesday in March, June,
September and December, 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.
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a
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.
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. Nan-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 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 heating and air conditioning
work:
01 -
(a) 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
ten (10) 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 twenty-five dollars ($25.00)
for the Heating and Air Conditioning
Contractor's Examination. In the event
of a specially scheduled examination, the
examination fee shall be one -hundred
dollars ($100.00).
6. Examination. To qualify for a new license,
an applicant must earn a score of not less
than seventy percent (700) 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.
-22-
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 ($5,000.00)
Dollars 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, 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 lst of
renewal license through and including
December 31st of each calendar year.
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(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.
SECTION 18. 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 setforth 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 Journevman Plumber. All
Plumbing Contractors performing plumbing in the
City of Richmond shall be required to be
registered with the Department of Planning,
Permits and Inspections 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.
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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 Department of
Planning, Permits and Inspections. Registration
is on a per annum calendar year basis.
C. Dis la -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
Department of Planning, Permits and Inspections
or his duly authorized representative.
SECTION 19. 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 Department of
Planning, Permits and Inspections, upon a form
prescribed by said Department. It shall be
unlawful to proceed with such work unless such
oermit shall have been first obtained.
B. Liability for Pro ert ,Damn a 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
-25-
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 Department of Planning,
Permits and Inspections a Certificate of
Insurance, indicating the appropriate endorsement
for wrecking or demolition work. The minimums of
such insurance shall be as follows:
Liability for Bodily
Injury
Liability for Property
Damage
Each
Occurrence A2gre2ate
$100,000.00 $300,000.00
$100,000.00 $300,000.00
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. Nail 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
-26-
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.
SECTION 20. MOVING BUILDINGS OR STRUCTURES.
A. Approval and Permit Re uired for Moving Buildings
and Structures
1. No building or structure shall be moved to a
new location over anv 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
Department of Planning, Permits and
Inspections.
2. Any person desiring to move a building or
structure shall submit an application to the
Department of Planning, Permits and
Inspections 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 Department of Planning,
Permits and Inspections 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.
M 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
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B.
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 Department of Planning,
Permits and Inspections 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.
Insurance and Bondinq 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, judgements, 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.
-29-
The Applicant shall submit to the Department of
Planning, Permits and Inspections 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
Liability for $500,000.00
Bodily Injury
Liability for Public
and Private Property
Damage $500,000.00
A22re2ate
$1,000,000.00
$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 or the
building or structure on its permanent
foundation.
-30-
SECTION 21. MINIMUM STANDARDS FOR EXTERIOR MAINTENANCE
A Exterior Maintenance Standards
The exterior of all premises and the condition of
all buildings and structures thereon shall be
maintained so that the appearance thereof shall
reflect a level of maintenance in keeping with the
standards of the City and so as to avoid blighting
effects and hazards to health, safety, and welfare.
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.
All surfaces shall be maintained free of broken
glass, loose shingles, crumbling stone or brick,
peeling paint, when such peeling consists of at
least thirty-three and one third percent (33 1/3%)
of the surface area, or other conditions reflective
of deterioration or inadequate 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.
All premises shall be maintained and lawn, hedges,
bushes, trees, and other vegetation shall he 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.
-31-
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.
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
The Director of the Department of Planning, Permits
and Inspections 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.
The owner of the property shall be notified in
writing stating that the property owner shall have a
maximum of thirty (30) days to comply with the
standards of maintenance as outlined in this
section, after which time if the property owner has
not complied, a fine shall be assessed as provided
for in Subsection C below.
C. Penalties
If any property owner violates the provisions of
this Section, said property owner shall be notified
in writing of such violation.
The Director of the Department of Planning, Permits
and Inspections or his authorized representative,
shall send a "Violation Notice" by Certified. 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 fifteen (15) days to
-32-
complete and return a form letter indicating
agreement to "Correct the Violation within thirty
(30) days" or to "Appeal the Violation".
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".
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.
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.
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.
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.
Enforcement of this Section shall be by the Director
of the Department of Planning, Permits and
Inspections or his authorized representative.
Faili,re 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
-33-
The Board of Public Works and Safety may develop
standards and procedures for the implementation and
enforcement of these provisions.
SECTION 22. 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, or mobile or
manufactured home or unit is placed on a permanent
foundation and plans and specifications for such
construction and use are submitted to and approved
by the 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 Department of Planning, Permits and
Inspections 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 com_pletel_v 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. Res onsibility of Police Department to Assist the
Department of Planning, Permits and Inspections
The Richmond Police Department, upon request of
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the Department of Planning, Permits and Inspections,
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 Department _of__
Planning, Permits and Inspections
The Richmond Fire Department shall cooperate with
and provide assistance to the Department of
Planning, Permits and Inspections 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
occupances where grease, oil, sand, solids,
flammable wastes, acid or alkaline substances or
other ingredients may be introduced into the
drainage or sewage system in quantities that can
effect line stoppage or hinder sewage treatment.
Such occupances include, but are not limited to,
restaurants, cafes, lunch counters, cafeterias, bars
and clubs; hotel, hospital, nursing home, factory or
school kitchens, slaughter houses, soap factories,
packing, fat rendering, hide curing and vehicle
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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 Department of Planning, Permits
and Inspections or his authorized representative
may cause any building or structure to be
reinspected.
J. Authority to Take Emergency Action
The Director of the Department of Planning,
Permits and Inspections 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
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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 Ordinance 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
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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.
SECTION 23. LIABILITY. The City of Richmond, the Director of the
Department of Planning, Permits and Inspections 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.
SECTION 24. 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.
SECTION 25. RIGHT OF APPEAL. All persons shall have the right to
appeal the decision(s) of the Director of the Department
of planning; Permits and Inspections 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.
SECTION 25. REMEDIES. The Director of the Department of Planning,
Permits and Inspections 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
-38-
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.
SECTION 27. 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 Planning, Permits and Inspections 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.
SECTION 28. SEVERABILITY. If any section, sub -section, sentence,
clause, phrase or portion of this Code is for any reason
held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provisions and such
holding shall not effect the validity of the remaining
portions hereof.
SECTION 29. SUPERSEDES PRIOR CODES AND ORDINANCES. That the
provisions of this Code shall supersede any provisions of
prior Ordinances or Codes in conflict with the provisions
contained herein.
SECTION 30. EFFECTIVE DATE. This Ordinance shall be in full force
and effect from and after its adoption, approval by the
Eire Prevention and Building Safety Commission of the
State of Indiana, and publication as required by law.
PASSED AND ADOPTED by the C mmon Council of the City of Richmond,
Indiana, this k6'� day of , 1988.
%GvfiLr�
Pr s'dent of Common Council
PRESENTED by me to the Mayor of the City of Richmond, Indiana,
this 7 t( day of , 1988.
/i. /_A_ _/..
City J-
APPROVED by me, Frank H. Waltermann, Mayor of the City of
Richmond, Indiana, this _7 Zt day of 1988.
-=iayor
! - - 11
�� _
ENDORSEMENT:
Approved this -�tday of J/ , 1988, by the Fire Prevention
and Building Safety Commi si of the State of Indiana.
-40-
STATE f INDIANA
An Equal Opportunity Employer
A Non -Tax Supported State Agency
INDIANA DEPARTMENT OF
FIRE AND BUILDING SERVICES
Mary Merchanthouse, Clerk Treasurer
50 North 5th Street
Richmond, IN 47374
Dear Ms. Merchanthouse:
Robert D. Orr
Governor
1099 N. Meridian Street, Suite 900
Indianapolis, Indiana 46204
(317) 232-6422
July 7, 1988
Thank you for forwarding a copy of Ordinance Nos. 30-1988 and 31-1988
of the City of Richmond. The Fire Prevention and Building Safety Commis-
sion approved both ordinances, under IC 22-13-2 and 675 IAC 12--10, on July
6, 1988. The order approving them is indicated by endorsement on the at-
tached copy signed by the Commission Chairman and Secretary.
As Executive Director of the Department of Fire and Building Services,
I commend you for your leadership in establishing the basis for an effec-
tive building regulation program to assure the safety, health, and welfare
of the citizens of the City of Richmond. I am confident that competent and
impartial administration of the various adopted codes and standards for
construction will become a valuable service of benefit to the local con-
struction industry and the public alike.
Members of the Office of the State Building Commissioner are prepared
to provide advice and assistance to you or your staff in administrative
procedures, office organization, use of the various codes, and on--the-job
training in field inspection. Mr. James Whittington is the District Build-
ing Commissioner for your area. He will arrange assistance or cooperative
enforcement visits with your Building Commissioner as necessary.
Fort. better Indiana,
Charles` Coffee, Secretary
Fire Pr ention and Building
Safety Commission
CWC:jt
Enclosures
cc: Division of Code Enforcement
File
Offices of the
Executive Director
317 232-6125
State Building Commissioner State Fire Marshal
317 232-1404 317 232-2419
NOTICE OF PUBLIC HEARING[
ON ORDINANCE NO'S. 30-1988, 31-1988 and 32-1988 [
Notice is hereby given that the Common Council of the City of Richmond, Wayne County,
Indiana will hold a public hearing on Monday, June 6,1988 at 7.30 P.M. in the Council
Chambers in the Richmond Municipal Building located at 50 North 5th Street, on the
following:[
ORDINANCE NO. 30-1988-AN ORDINANCE REGULATING THE CONSTRUCTION, ALTERATION,
REPAIR, LOCATION AND USE OF BUILDINGS AND STRUCTURES IN THE CITY OF RICHMOND,
INDIANA; PROVIDING FOR THE ISSUANCE OF PERMITS THEREFOR; PROVIDING PENALTIES FOR
THE VIOLATION THEREOF; AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN
CONFLICT THEREWITH. [
ORDINANCE NO. 31 12a8 AN ORDINANCE PROVIDING FOR THE INSPECTION, REPAIR OR
REMOVAL OF UNSAFE BUILDINGS WITHIN THE CITY AND REPEALING ALL ORDINANCES AND
PARTS OF ORDINANCES IN CONFLICT THEREWITH.[
ORDINANCE NO. 32-1988-AN ORDINANCE APPROVING THE ISSUANCE AND SALE OF PARK
DISTRICT BONDS NOT TO EXCEED TWO MILLION DOLLARS BY THE RICHMOND PARKS AND
RECREATION BOARD FOR THE PURPOSE OF PROVIDING FUNDS TO BE APPLIED ON THE COST OF
CONSTRUCTION OF NEW PARK AND RECREATIONAL FACILITIES.[
All parties interested in or affected by this Ordinance are invited to attend the public
hearing to speak in favor of or in opposition to said Ordinance.[
Mary Merchanthouse[
City Clerk[
Publish Date. May 27, 1988[