(A)
[1]Scope. This code provides for matters concerning, affecting
or relating to the construction, alteration, removal, demolition,
equipment, use and occupancy, location and maintenance of buildings
or structures, erected or to be erected in the municipality, except
insofar as such matters are otherwise provided for in the charter,
in other statutes or ordinances consistent herewith, or in rules duly
promulgated under the provisions of this code.
(B)
Ordinance remedial. This code is hereby declared to be remedial and
shall be construed to secure the beneficial interests and purposes
thereof, which are public safety, health and welfare, through structural
strength and stability, means of egress, adequate light and ventilation
and safety to life and property from fire and hazards incident to
the design, construction, alteration, removal or demolition of buildings
or structures.
(C)
All new work to conform.
(1)
No building or structure shall hereafter be constructed, altered,
or removed, nor shall the equipment for the operation of a building,
structure, or premises be constructed, installed, altered or removed,
except in conformity with the provisions of this code.
(2)
No building or structure shall be altered in any manner that
would be in violation of the provisions of this code or of any authorized
rule or approval of the Building Official made and issued thereunder.
(3)
Nothing in this code shall prohibit the raising or lowering
of a building to meet a change of grade in the street on which it
is located, provided that the building is not otherwise altered.
(D)
Use and maintenance.
(1)
It shall be unlawful to maintain, occupy or use a building or
structure, or part thereof, that has been erected or altered in violation
of the provisions of this code.
(2)
No building or structure shall be occupied unless it is in a
safe and habitable condition as prescribed in this Code; rainwater
shall be so drained and conveyed therefrom as to prevent dampness
in walls and ceilings.
(E)
Buildings affected.
(1)
The provisions of this code apply to buildings or structures
and their equipment on land and to construction, such as areas or
street encroachments, however placed, that are appurtenant to such
buildings or structures.
(2)
These provisions shall also apply to municipal, county or state
buildings, as they do to private buildings, except as may be otherwise
specifically provided for by statute or ordinance.
(A)
The Office of Building Commissioner is hereby created and the executive
official in charge shall be known as the "Building Commissioner."
(B)
The Building Commissioner shall be appointed as required by law.
His appointment shall continue during good behavior and satisfactory
service. He shall not be removed from office except for cause after
full opportunity has been given him to be heard on specific charges.
(C)
During a temporary absence or disability of the Building Commissioner,
the appointing authority shall designate an Acting Building Commissioner.
(A)
The Building Commissioner shall have general charge and supervision
of the erection, construction, alteration, repair, removal and inspection
of all buildings, structures, or portions thereof and accessories
thereto, within the City, and to enforce all ordinances relating thereto.
(B)
The Building Commissioner shall examine all plans for building permit
purposes. He shall have charge of building inspections on all buildings,
structures, or portions thereof in connection with work that has been
authorized by a permit.
(C)
The Building Commissioner shall perform such further duties as the
Building Ordinance requires.
The Building Commissioner may appoint one or more Deputy Building
Commissioners with the consent and approval of the Mayor. They shall
hold office for such periods as may be designated in their appointment.
They shall receive such compensation as may be approved by the Mayor
and with the consent of the City Council. They shall assist the Building
Commissioner in the performance of his duties.
The title or phrase "building officers," when used in the Building
Ordinances, shall mean and include the Building Commissioner and the
Deputy Building Commissioners as fully and effectually as if each
and all of said officers were specifically designated and named in
lieu of the title or phrase.
Building officers are hereby empowered to lawfully enter upon
any premises or into any building or structure or portion thereof
(upon showing their badge of office) when necessary to do so in the
performance of any duty imposed upon them by the Building Ordinance;
and it is hereby made unlawful for any person or persons to hinder
or prevent or to attempt to hinder or prevent building officers from
so doing. Any person or persons hindering or attempting to hinder,
resisting or attempting to resist any building officer in the performance
of duty shall be charged with resisting an officer; and the person
or persons convicted of such offense shall be subject to the general
penalty provided for violations of the Building Ordinance.
In all cases where any action is taken by the building officers,
or any other officers of the said City, to enforce the provisions
of any of the sections in the Building Ordinance, or to enforce the
provisions of any of the laws of said City (whether such action is
taken in pursuance of the express provisions of such selections or
laws, or in a case where discretionary power is given by the Building
Ordinance or said laws), such acts shall be done in the name of, and
on behalf of, the City of Hometown and the officers, in so acting
for said City, do not thereby render themselves liable personally,
and they are hereby relieved from all personal liability for any damage
that may accrue to persons or property as a result of any such act
committed or permitted (in good faith) in the discharge of their duty;
and any suit brought against the officers by reason thereof shall
be defended by the law department of said City until final termination
of the proceedings therein.
It is hereby declared unlawful for any persons, firm or corporation
to commence or to perform or engage in any work in connection with
the construction, erection, enlargement, remodeling, altering, repairing,
raising, lowering, underpinning, moving or wrecking of any building,
structure or portion thereof without having first made application
to and secured the necessary permit therefor, and any person, firm
or corporation so doing shall be subject to the general penalty for
violation of the Building Ordinance. The building permit shall carry
with it the right to install any crane, derrick, material elevator,
heating or lighting apparatus, inside the lot line, which may be required
for temporary use during the progress of the work.
A permit will not be demanded for ordinary repair work incidental
to the upkeep of a building or structure; provided there is not contemplated,
or involved, any change in the classification or any increase in fire
hazard thereof; nor the removal of any supporting wall, column, post,
truss, girder or beam; nor installing, closing or changing any stair,
stairwell, fire escape, scuttle, skylight, door, window, or other
means of communication, ingress, egress, ventilation or for the admission
of sunlight; nor changing the number, location or connections of the
fixtures, traps, vents, waste, soil, or drain pipes of the plumbing
system; nor changing the number, location or connections of the fixtures
of the lighting system; nor changing to a different system of heating,
lighting, or ventilating; nor reshingling or recovering of roofs or
the renewing of the exterior woodwork of any frame building, structure,
or portion thereof. Nothing in this section shall be interpreted or
construed to allow any work included in the permit exemptions thereof,
to be done in any manner contrary to the requirements of the Building
Ordinance and other laws or ordinances. Violations of this chapter
in any work not required to be done under a permit shall be subject
to the general penalty of this chapter the same as if a permit had
been required.
Any building permit issued pursuant to this chapter under which
no work shall have been commenced within six months from the date
of issuance thereof shall expire automatically by limitation and may
not be extended or renewed; and unless such permit is surrendered
to the City Clerk within two months after its expiration for such
cause, the fees paid therefor shall be forfeited to the City. Any
building permit issued hereunder shall expire automatically upon a
cessation of work for more than two months.
Permits authorized to be issued and required to be obtained
under the Building Ordinance shall be issued by the Mayor and Building
Commissioner when the application therefor and the plans submitted
therewith shall have been approved by the Building Commissioner and
the Board of Building Appeals (where required), but this section shall
not be construed to require the issuance of any permit in violation
of the laws and ordinances of the City.
When any person, firm, or corporation shall be desirous of constructing,
erecting, enlarging, remodeling, repairing, raising, underpinning,
moving, or wrecking any building, structure, or portion thereof, he,
they or it shall make a written application therefor upon the blank
forms furnished for such purpose. This application shall be filed
in duplicate with the City Clerk, and shall set forth the following:
(A)
Requirements.
(1)
The name and address of the applicant.
(2)
The name and address of the owner of the real estate, the permanent
index number, and the volume and item on the general tax roll upon
which the proposed work is to be performed.
(3)
The names and addresses of the general contractors and subcontractors
to whom contracts have been let.
(4)
The location of the proposed work, that is, the house number
assigned by the City to the site upon which the building, structure
or portion thereof is to be constructed, erected, enlarged, remodeled,
repaired, raised, underpinned, moved or wrecked, as the case may be;
the distance in feet of the nearest building on the same street and
the distance in feet of the nearest building in any direction.
(5)
The purpose for which the structure is to be used.
(6)
The length, width and height thereof.
(7)
Whether a basement or attic are contained therein.
(8)
The estimated cost of the work to be done under the permit sought,
including architectural fees and reasonable contractor's margin of
profit.
(9)
Permission to allow the Building Commissioner or his deputy
to enter upon the premises for inspection.
(B)
The following will be submitted with the application if requested
by the Building Commissioner:
(1)
The name and address of the architect, structural engineer or
other persons permitted by law of the state to make plans, who has
prepared the plans and specifications accompanying the application.
(2)
The number of rooms and the length, width, height and floor
area thereof.
(3)
The number of plumbing fixtures specified.
(4)
Method or system by which the building or structure is to be
heated and ventilated.
(6)
The application shall be accompanied by a correct plat in duplicate,
drawn to scale, of the lot or lots composing the site, showing the
exact location of the proposed building and any building already located
on the lot or lots involved; as well as the building adjacent to the
lot lines of the lots involved. The application shall also be accompanied
by plans and specifications certified in the manner hereinafter required.
(7)
An agreement by the owner, his duly authorized agent, architect,
or structural engineer that he will, if granted the permit applied
for, construct the work in accordance with the descriptions set forth
in the application and plans and specifications accompanying such
application; and that the general and detailed work connected with
such construction, erection, enlargement, remodeling, repair, raising,
underpinning, moving or wrecking of any such building, structure or
portion thereof, as the case may be, shall be done in strict compliance
with the ordinances of the City and the provisions of the permit.
(8)
A provision that contractor or homeowner, at his own expense,
shall provide a dumpster of sufficient capacity to contain debris
during construction, the removal of said debris and other waste material
from the site.
(9)
In case only a shall building is being constructed by contractor,
proof of financial ability of owner to complete construction of the
building according to plans.
The Building Commissioner may issue permits for the erection
in the application and not accompanied by drawings, and this shall
apply also to alterations and repairs of buildings, whenever, in the
judgment of the Building Commissioner, drawings and specifications
are not necessary to show the full character of the work to be done.
The number of drawings and specifications required to be submitted
shall be duplicate sets of the architect's general drawings and duplicate
sets of the complete specifications. Each set of drawings shall consist
of a foundation and footing plan, basement or cellar plan, the plans
of all floors and roofs, a transverse and a longitudinal section,
at least two elevations and the necessary framing plans to show the
complete framing of the building or structure. Such other plans shall
be filed as may be required, in the opinion of the Building Commissioner,
to illustrate the features of construction and equipment of the building,
structure referred to.
All plans and drawings shall be drawn to a scale of not less
than 1/4 of an inch to the foot. All distances and dimensions shall
be accurately figured and drawings made explicit and complete, showing
the front and side lot lines and the lines and the entire sewerage
and drain pipes and the location of all plumbing fixtures within such
building. The dimensions of the structural members shall be given
on the drawings, whether shown in the specifications or not. The specifications
shall describe all the materials to be used in the proposed building.
Each set of plans presented shall be approved by the Building Commissioner
before a permit will be granted. No permit shall be granted or plans
approved unless such plans are prepared and sealed by such persons
as are permitted, by law, to make plans for buildings.
It shall be unlawful for any architect, structural engineer
or other person permitted under the laws of the state to make plans
to prepare or submit to the Building Commissioner for his approval
any final plans for any building or structure which do not comply
with all laws and ordinances. It shall be the duty of the Building
Commissioner to require that all plans submitted to him for approval
for any building or structure shall be accompanied by a certificate
of such architect, structural engineer or such other person preparing
such plans that the plans submitted comply with all laws and ordinances.
The architect's seal shall be affixed.
It shall be unlawful to erase, alter or modify any lines, figures
or coloring contained upon such drawings so stamped by the Building
Commissioner or filed with him for reference. If, during the progress
of the work authorized, it is desired to deviate from the terms of
the application or drawings in any manner affecting the construction
or other essentials of the building, notice of such intention to alter
or deviate shall be given to the Building Commissioner, and his written
assent shall first be obtained before such alteration or deviation
may be made.
The permit issued for any work to which the Building Ordinance
is applicable, together with a set of the approved plans and specifications,
if any, must be kept on the job while the work is in progress; and
must be shown for inspection on request of any building officer. Inability
or refusal to comply with the provisions of this section shall constitute
sufficient cause for stopping either all or such portion of the work
as may be involved in the violation.
One or more copies, as may be required by the Building Commissioner,
of the plans and specifications as finally stamped and approved shall
be left on file in the office of said Commissioner. Complete plans
and specifications of buildings of a public character for which permits
are granted shall remain on file permanently in said Commissioner's
office. It shall not be obligatory upon said Commissioner to retain
plans and specifications for buildings or structures, except those
of a public character, for more than six months after the completion
or occupation of any such building or structure.
No permit issued for constructing, erecting, enlarging, remodeling,
altering, repairing, raising, lowering, underpinning, moving or wrecking
buildings, structures or portions thereof, or any permit for which
a fee is prescribed by the City ordinances, shall be in force until
the fees prescribed therefor shall have been paid to the City Clerk
and such Clerk's receipt thereof shall have been stamped on such permit.
(A)
It shall be unlawful for any owner, agent or architect or for any
contractor or builder engaged in constructing, erecting, enlarging,
remodeling, altering, repairing, raising, lowering, underpinning,
moving or wrecking any building, structure or portion thereof to make
any departure from the plans as approved by the Building Commissioner
without first obtaining the written consent of the Mayor and the Building
Commissioner to such changes. Any such departure from the approved
plans involving a violation of the requirements of any law or ordinance
or any such change in the plans or construction without the consent
of the Mayor and the Building Commissioner being obtained, as required
herein, shall operate to annul the permit which has been issued for
such work and shall render the same void.
(B)
In case any work is done under a permit authorizing the erection,
alteration or repair of a building or structure, which work is contrary
to the approved plans, or to any law or ordinance, any one of the
Building Commissioner and his deputies, the Mayor and City Attorney
shall have the power to at once stop such work and to order all persons
engaged therein to stop and desist therefrom. Such work shall not
be resumed until satisfactory assurance has been given the Building
Commissioner that it will be done lawfully and according to the approved
plans or until said Building Commissioner has consented, in writing,
to the changes made in such approved plans, in either of which cases
a new permit must be issued before work proceeds, for which permit
the usual fee shall be paid by the contractor doing such work.
(C)
No contractor or builder shall begin any work on any building or
structure for which a permit is required until such permit shall have
been issued. In case any work is begun on the erection, alteration,
repair or removal of any building or structure without a permit authorizing
the same being issued therefor, the Building Commissioner and his
deputies, the Mayor and City Attorney shall have power to at once
stop such work and to order any and all persons engaged therein to
stop and desist therefrom until the proper permit is issued.
If the work in, upon or about any building or structure shall
be conducted in violation of any law or ordinance, it shall be the
duty of the Building Commissioner to revoke the permit for the building
or wrecking operations in connection with which such violation shall
have taken place. It shall be unlawful, after the revocation of such
permit, to proceed with such building or wrecking operations unless
such permit shall first have been reinstated or reissued by the Mayor.
Before a permit so revoked may be lawfully reissued, the entire building
and building site shall first be put into condition corresponding
with the requirements of all laws and ordinances, and any work or
material applied to the same in violation of any of the provisions
of any law or ordinance shall first be removed from such building,
and for such permit as reissued the fee required shall be paid.
