HomeMy Public PortalAbout059-1986 - ORDINANCE REGULATING THE CONSTRUCTION ALTERATION REPAIR LOCATION AND USE OF BUILDINGS AND STRUCTURES IN THE CITY PROVIDING FOR THE ISSUANCE OF PERMITS PROVIDING PENALTIES FOR THE VIOLATIONSAMENDED ORDINANCE NO. 59-1986
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.
22-11-1, 36-7-2 and I.C. 36-7-10. This Ordinance
shall repeal Ordinance No. 1700-1958 and all
amendments thereto and shall become Chapter 150 of
the Code of Ordinances of the City of Richmond,
Indiana. All the land lying within the Corporate
Limits of the City of Richmond, Indiana is hereby
defined to be a restricted fire limit area.
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
Director, 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. The following rules, regulations and codes are
hereby adopted by reference as the rules and
regulations governing the construction and
alteration of buildings and structures in the
City of Richmond, Indiana.
1. Indiana Building Code, 1985 edition (675 IAC
13-2) originally published as (9 IR 719) which
identifies, amends and incorporates therein
the Uniform Building Code, 1985 edition.
2. Indiana Building Code Standards, 1985 edition
(675 IAC 13-3) originally published as (9 IR
750) which.identifies, amends and incorporates
therein the Uniform Building�Code Standards,
1985 edition.
3. Indiana Handicapped Accessibility Code, 1985
edition (675 IAC 13-4) originally published as
(9 IR 1030) which identifies, amends and
incorporates therein the Specifications for
Making Buildings and Facilities Accessible to
and Usable by Physically Handicapped People
(ANSI A117.1-1980).
4. Indiana Fire and Building Safety Standards
(675 IAC 13-1) originally published as (8 IR
1301) under that title, which incorporates by
reference certain standards of the National
Fire Protection Association as are
particularly listed and described in the
Indiana Administrative Code.
S. Indiana Electrical Code, 1984 Edition, (675
IAC 17-1) originally published as (9 IR 50)
which identifies, amends and incorporates
therein the National Electrical Code, 1984
Edition.
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6. Indiana Safety Code for Health Care
Facilities, 1985 Edition, (675 TAG 17-2)
originally published as (9 IR 52) which
identifies, amends and incorporates therein
National Fire Protection Association (NFPA)
Standard, NFPA 99, 1985 Edition.
7. Indiana Plumbing Code, 1985 Edition, (675 IAC
16-1)originally published as (9 IR 1610) which
identifies, amends and incorporates therein
the Uniform Plumbing Code, 1985 Edition.
8. Indiana Mechanical Code, 1985 Edition (675-,IAC
18-1) originally published as (9 IR 1582)
which identifies, amends and incorporates
therein the Uniform Mechanical Code, 1985
Edition.
9. Indiana Flammable and Combustible Liquids and
Gases Code, 1985 Edition, (675 IAC 22-1)
originally published as (9 IR 53) which
identifies, amends and incorporates therein
eight (8) National Fire Protection Association
Standards.
10.Indiana One and Two Family Dwelling Code,
1984 Edition (675 IAC 14) originally published
as (9 IR 216) which identifies, amends, and
incorporates therein the Council of American
Building Officials One and Two Family Dwelling
Code, 1983 Edition.
11.Indiana Energy Conservation Code, 1984 Edition
(675 IAC 19) originally published as (7 IR
2525) which identifies, amends and
incorporates there the Model Energy Code, 1983
Edition.
12.Indiana Swimming Pool Code, (675 IAC 20-1)
originally published as (9 IR 1014) under that
title.
B. Copies of this code and rules, regulations, and
codes adopted herein by reference are on file as
required by law 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
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lot boundaries and plans and specifications showing
the work to be done. All plans and specifications
for construction under the authority of the Fire
Prevention and Building Safety Commission must also
be filed with said Commission. No local permits
shall be issued hereunder until a copy of a Release
for Construction from the State Building Commissioner
and a copy of the plans and specifications approved
and stamped by the State Building Commissioner are
received by the Department of Planning, Permits and
Inspections.
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. Buildina 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 or 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, and wiring for appliances and
equipment including signs.
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2. The installation, alteration, extension or
replacement of all heating and air
conditioning systems, equipment, apparatus or
devices.
3. The installation, alteration, extension or
replacement of all fire -extinguishing systems
and/or fire -alarm systems.
4. 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).
5. The installation of all new or replacement
water heaters, regardless of cost.
6. The installation or replacement of tanks and
dispensing equipment for flammable and
combustible liquids or,gases.
7. Service Installation Permits are not
required in the following instances;
(a.) The installation or replacement of liquid
petroleum gas (LPG) storage facilities
having a total capacity of not more than
four thousand (4,000) gallons and no.
single tank having a capacity of more
than two thousand (2,000) gallons
measured as gallons of water.
(b.) The installation or replacement of
storage tanks for Class I, II, IIIA or
IIIB liquids, having a capacity of six
hundred sixty (660) gallons or less, that
meet the requirements of Section 4-2 of
National Fire Protection Association
(NFPA) Standard 30 as incorporated by
reference in 675 IAC 22-1.
(c.) Public Utilities: Installation of
public utilities with respect to
construction, maintenance and
development work performed in the
exercise of their public function.
(d.) Railway Utilities: Installations of
electrical equipment employed by a
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railway utility directly in the
exercise of its functions as a public
carrier and located outdoors or in
buildings used exclusively for that
purpose.
(e.) Portable Appliances: The installation
of a portable heating appliance or of a
portable air conditioning appliance.
(f.) Radio Transmitting Stations:
Equipment used for radio
transmission, whether erected on a
building or on the ground. Such
exception does not extend to
equipment and wiring for power supply
and the installation of radio towers
and antennae.
(g.) Maintenance: The maintenance or
servicing of an existing electrical,
heating, air conditioning,
fire -extinguishing, fire -alarm or
plumbing system or flammable and
combustible liquid or gas tank and
dispensing equipment for the purpose of
maintaining it in safe operating
condition in conformance with the
provisions of this Code.
(h.) Well Drilling and Water Softening
Equipment: The drilling of wells and
the installation of pumps, pressure
tanks and piping incidental to a well
system. The installation of water
softening equipment.
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.
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
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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 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, 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
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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 or Certified Mail.
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, 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
Contractor $ 25.00
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
Contractor $ 50.00
am
C.
a
Buildin2 Permits:
1.
New One and Two Family Dwelling
$ 100.00
2.
New Industrial, Commercial,
Institutional and Three or More
Family Dwelling - $2.00 per
$1,000.00 of actual cost - minimum
$ 100.00
3.
Remodel or Repair of All
Buildings or Structures --
$2.00 per $1,000.00 of
actual cost - minimum
$ 15.-00
4.
New Private Residential
Garages, Carports and
Accessory Buildings and
Structures.
$ 15,00
5.
Move Building or Structure
$ 100.00
6.
Wrecking of One and Two
Family dwelling, Three or
More Family Dwelling,'Institutional,
Commercial or Industrial Building
$ 30.00
7.
Wrecking of Private,
Residential Garage or Other
Accessory Building or
Structure
$ 15.00
8.
Public Swimming Pool
$ 15.00
9.
Installation of Modular or
Manufactured Home
$ 30.00
10.Installation4of
Temporary
Commercial Mobile Unit Bearing
Seal of Compliance P. D. 135
$ 15.00
Car 174rna Tncf-=11nF-0^n n---4+-n_
1. Electrical
Temporary Service _ $ 15.00
New One and Two Family Dwelling $ 30.00
New Three or More Family Dwelling
$2.00 per $1,000.00 of actual
electrical cost plus $5.00 per
meter - minimum $ 45.00
mom
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
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New or Replacement Furnace
$
15.00
Air Conditioning Installation
$
15.00
Combination Furnace and Air
Conditioning Unit or Heat
Pump Installation
$
25.00
Conversion Burner Installation
$
15.00
3. Fire=Extinguishing and/or Fire -Alarm
Systems
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 $ 25.00
4. Plumbing
New One and Two Family Dwelling $ 25.00
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New Three or More Family
Dwelling, Commercial, Institutional
or Industrial Building or
Structure - $2.00 per $1,000.00
of actual plumbing cost - minimum $ 25.00
New or Replacement Water Heater $ 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
5. Tanks and Dispensing Equipment
Installation or Replacement of
Tanks and Dispensing Equipment
For Flammable and Combustible
Liquids or Gases $2.00 per
$1,000.00 of actual cost -
minimum $ ' 15.00
E. Certificates of Occupancy: $ 45.00
SECTION 11. 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 (4) 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. After the issuance of any permit
hereunder, the Director of the Department of
Planning, Permits and Inspections or his duly
authorized representative shall make inspections of
the work being done under such permit as are
necessary to insure full compliance with the
provisions of this Code and the terms of the
permit.
Any person, firm or corporation who has obtained a
permit from the 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 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
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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 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,
plumbing systems, tanks and dispensing
equipment 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,
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 final installation of new or replacement
tanks and dispensing equipment for flammable
and combustible liquids or gases.
H. The installation of replacement furnaces, heat
pumps, central air conditioning systems and
water heaters.
I. The demolition of a building or structure in
the following instances: (1) After the basement
floor is broken and the water and sewer
services are sealed. (2) After backfilli.ng is
completed and the site is uniformly graded and
all debris has been removed.
J. 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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K. 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 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 ordred 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. Any person, firm or
corporation who shall continue any work on a
stopped project, or portion thereof, other than
corrective work, shall be liable to penalty for
violations as set forth in this Code. Each day, or
portion thereof, of any continued work shall be
considered a seperate offense.
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
Certificate of Occupancy by the Department of
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Planning, Permits and Inspections. No Certificate
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. The Department of
Planning, Permits and Inspections may require that
the owner and/or the professional inspecting
architect or engineer of a constuction 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 15. 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.
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,
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B.
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
recieve twenty-five dollars ($25.00) for
each special meeting of the Board he
attends. }
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.
Electrical License
1. All persons performing any installation,
alteration or repair of any electrical
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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
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
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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,
(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.
-is-
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 Certificates 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 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.
-19-
(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 calender 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 systems 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 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 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.
-20-
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.
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. '
D. Heating And Air Conditioning Licenses
1. All persons performing any installation,
alteration, maintenance or repair of any
heating and air conditioning system 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.
-21-
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 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:
(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 (ld) 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.
-22-
(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
Contractors 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 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 Boardshall examine the application,
the accompanying documentation and
other information provided, examination
results, and shall grant or deny the
license applied for. Appeal from the
-23-
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.
(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.
IO.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.
-24-
SECTION 18. REGISTRATION OF'PLUMBING CONTRACTORS.
A. Definitions
1. Plumbing means the practice of, and the
materials and fixtures used in the
installation, maintenance, extension, and
alteration of all piping, fixtures,
appliances and appurtenances in connection
with any of the following: Sanitary -
drainage or storm drainage facilities, the
venting system and the public or private
water supply systems, within or adjacent -to
any building or structure; also the practice
and materials used in the installation,
maintenance, extension or alteration of the
stormwater, liquid waste, or sewerage, and
water supply systems of any premises to the
private property line or to their connection
with any point of public disposal or other
acceptable terminal. The term plumbing does
not include the planning, designing and
installation of sanitation and water systems
in vehicles commonly known as mobile homes,
the drilling of wells, the installation of
pumps, pressure tanks and piping incidental
to the drilling or repair of a well system,
the sale or installation of water softening
equipment and apparatuses and services of
the same, or the business, of manufacturing
or selling plumbing fixtures; appliances,
equipment or hardware; the installation of
automatic sprinklers, the overhead or
underground water supplies or standpipes
when connected to an automatic sprinkler
system or to their related devices or
appurtenances connecting thereto; nor does
the term plumbing include the work listed
below..
(a.) Contractors in work on bridges, roads,
streets, highways, railroads or
utilities and services incidental
thereto.
(b.)-An authorized employee of the United
States, the State of Indiana or any
political subdivision thereof, so long
as the employee does not hold himself
out for hire and is acting within the
scope of his employment.
_25_
(c.) An Officer appointed by the Court when
he is acting within the scope of his
office as defined by law or court
order. When construction projects are
not underway at the time of the
appointment of the Officer of the
Court, and the nature of his
appointment requires that plumbing
shall be done, he shall employ or
contract with a registered plumbing
contractor or journeyman plumber.
(d.) Public utilities with respect to
construction, maintenance, and
development work performed by their own
forces and incidental to their
business.
(e.) Any construction, alteration,
improvement or repair or a plumbing
system, located on any site, the title
of which is in the United States of
America, nor to any construction,
alteration, improvement, or repair on
any project where federal law
supersedes this section.
(f.) Any individual who is employed or acts
as a maintenance man at his place of
employment.
(g.) Farmsteads, except as to buildings
built thereon for the purpose of public
or commercial use.
(h.) Any sewer contractor, sewage disposal
contractor, or any excavation
contractor or utility contractor who
generally engages in the business of
installing, altering or repairing
sewers, private or public sewage
disposal systems, and water
distribution or drainage lines outside
the foundation walls of any building.
2. Plumbing Contractor means any person, for
compensation undertakes to, or submits a bid
to or does himself.or by others, construct,
repair, alter, remodel, add to, subtract
from, or improves plumbing as said term is
defined herein, and who is responsible for
substantially all the plumbing within the
-26-
entire project or one who fabricates units
or plumbing substantially completed and
ready for installation.
3. Journeyman Plumber means a person who
engages or offers to engage in, as an
occupation or trade, the construction,
installation, alteration, maintenance,
repair, remodeling or removal and
replacement of plumbing under the
supervision, direction and responsibility of
a licensed Plumbing Contractor.
4. Apprentice Plumber means an individual who
is learning the plumbing trade and is under
the direct and immediate supervision of a
licensed Plumbing Contractor or a licensed
Journeyman Plumber.
5. Farmstead means a farm dwelling together
with other buildings, structures, equipment,
piping and other plumbing materials and
supplies, located upon a parcel of real
estate used primarily for agricultural
purposes located outside the corporate
limits of a municipality and not connected
to a public water supply.
6. Maintenance Man means a person who is
employed on a permanent basis to keep the
premises of a business establishment in good
repair.
B. Performinq_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
Department of Planning, Permits and Inspections
of said City. It shall be the responsibility of
licensed and registered Plumbing Contractors to
-27-
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
Department of Planning, Permits and
Inspections. 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 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
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
-28-
C.
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 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:
Each
Occurrence Ag5re2ate
Liability for Bodily
Injury g100,000.00 $300,000.00
Liability for Property
Damage $100,000.00 $300,000.00
OR COMBINED SINGLE LIMIT COVERAGE AS FOLLOWS:
Liability for Bodily
Injury and Property
Damage $300,000.00 $300,000.00
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
_29_
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.
5. 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 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
Department of Planning, Permits and
Inspections.
-30-
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.
(i.) Written authorization from any private
property owner whose land must be
crossed during the move.
-31-
(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 pub'iic 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.
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, 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
-32-
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 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
Bodily Injury $500,000.00
Liability for Public
and Private Property
Damage $500,000.00
Aggregate
$11000,000.00
$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.
-33-
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 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.
-34-
All premises shall be maintained free of
debris, trash, rubbish, litter, garbage,
junk and foundation remnants. No premises
used for the storage of inoperable motor
machinery, junk vehicles or machinery and
parts when such storage is within view of
all
refuse,
shall be
vehicles,
vehicle
public premises or public alley, street or
so as not to cause a blighting problem or
effect the public health or safety.
any
highway
adversely
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
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D.
said person shall have amaximum of 15 days to
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.
t
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.
Failure to remit fine within ten (10) days shall
result in issue of summons for said violation in
the proper court of jurisdiction.
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.
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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 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
Department Of Planning, Permits And Inspections
The Richmond Police Department, upon request of
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4
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
�E
and vehicle washing establishments-.
Interceptors shall be installed in compliance
with the provisions of the Indiana Plumbing
Rules.
H. Change Of Use Or Occupancy
No change shall be made in the use or character
of occupancy of any building which would place
the building in a different class or group of
occupancy and use, unless such building is made
to 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.Emer2ency 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. 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 Li ht-
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 bring such system into
compliance with the provisions of the Indiana
Electrical Code.
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. Th-eplywood 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.
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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. 22-11-1-16 or I.C. 22-11-1-21.5
as applicable.
SECTION 26. 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 duly
authorized representative, and any such action for
mandatory or injunctive relief may be joined with
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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 accordingly, pursuant to
Section 10.99 of the City Code. The person, firm or
corporation shall be notified in writing of such
violation. The written Notice of Violation shall be
delivered by Certified Mail, Return Receipt Requested
or by delivery in person.
Each act of violation and every day upon which a
violation occurs constitutes"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 for such violation
shall be in writing and in a form as 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
issuing official.
Enforcement of this Ordinance shall be by the Director
of the Department of Planning, Permits and Inspections
or his duly authorized representatives.
Failure to remit fine within ten (10) days shall result
in issue of summons for said violation in the proper
court of jurisdiction.
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.
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SECTION.30. EFFECTIVE DATE. This Ordinance shall be in full
orce and effect from and after is adoption,
approval by the Fire Prevention and Building Safety
Commission of the State of Indiana, and publication
as required by law.
PASSED AND ADOPTED by the Common Council of the City of
Richmond,
this _�� day of Q�C.t_-tom , 1986.
President of Common Council
ATTEST; �lG?it.l.U�tyii a
City C14rk
PRESENTED by me to the Mayor of the City of Richmond, Indiana,
this - Z�f C4 day of , 1986.
APPROVED by me, Frank H. Waltermann, Mayor of the City of
Richmond, Indiana, this 5-1 day of&&44
Mayor
ATTEST:
City C rk
ENDORSEMENT:
Approved this S day of A/6'�r , 1986, by the
Fire Prevention and Building'Safety Commission of the State of
Indiana.'
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