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DIVISION 1
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Generally
[B&H Code §§ BH201, BH202;
amended 2-14-1977 by Ord. No. 1106; 4-28-1980 by Ord. No. 1196; 1-3-1984 by Ord. No.
1304; 4-14-1986 by Ord. No. 1378; 12-4-1989 by Ord. No. 1479; 6-29-1992 by Ord. No. 1535; 2-26-1996 by Ord. No. 1611; 12-20-1999 by Ord. No. 1691; 6-19-2006 by Ord. No. 1804; 9-16-2019 by Ord. No.
1999] |
This chapter, together with the codes adopted by § 9-22, shall be known as the "Kalamazoo Building Code."
Pursuant to the Stille-DeRossett-Hale Single State Construction
Code Act, MCLA § 125.1501 et seq., as amended, the Michigan
Building Code and the Michigan Residential Code, being the most recent
editions as adopted by the State of Michigan, and a complete copy
of which is on file in the office of the City Clerk, are hereby adopted
by reference as if fully set forth herein for the purpose of regulating
the erection, construction, enlargement, alteration, repair, moving,
removal, conversion, demolition, occupancy, equipment use, height,
area and maintenance of building and residential structures in the
City, providing for the issuance of permits and collection of fees
therefor and providing penalties for the violations thereof except
as otherwise provided in the City Code. Unless otherwise expressly
provided, in the event of a conflict between any of the provisions
of such state-adopted codes herein adopted, and a provision of the
Kalamazoo City Code, or any City resolution, rule or regulation, the
state-adopted codes shall control.
References therein to "state" shall mean the State of Michigan;
references to "municipality" shall mean the City of Kalamazoo; references
to the "municipal charter" shall mean the Charter of the City of Kalamazoo;
and reference to "local ordinances" shall mean the Kalamazoo City
Code.
Pursuant to the Stille-DeRossett-Hale Single State Construction
Code Act, MCLA § 125.1501 et seq., as amended, the City
of Kalamazoo assumes responsibility for the administration and enforcement
of the Stille-DeRossett-Hale Single State Construction Code Act throughout
the corporate limits of the City of Kalamazoo.
Pursuant to the Stille-DeRossett-Hale Single State Construction
Code Act, MCLA § 125.1501 et seq., as amended, the Building
Official of the City of Kalamazoo is hereby designated as the enforcing
agent to discharge the responsibility of the City of Kalamazoo under
the Stille-DeRossett-Hale Single State Construction Code Act.
A person may engage in the business of or act in the capacity
of a residential builder or a residential maintenance and alteration
contractor or salesperson in this state without a license under this
section, if the person is one of the following:
A.
An authorized representative of the United States government, this
state, or a county, township, city, village, or other political subdivision
of this state.
B.
An owner of property, with reference to a structure on the property
for the owner's own use and occupancy.
C.
An owner of rental property, with reference to the maintenance and
alteration of that rental property.
D.
An officer of a court who is acting within the scope of that office.
E.
A person other than the salesperson that engages solely in the business
of performing work and services under contract with a residential
builder or a residential maintenance and alteration contractor that
is licensed under this article.
F.
A person that is working on one undertaking or project by one or
more contracts, if the aggregate contract price for the labor, material,
and any other items for the undertaking or project is less than $600.
The exemption described in this subdivision does not apply if the
work of a construction is only a part of a larger or major operation,
whether undertaken by the same or a different residential builder
or residential maintenance and alteration contractor, or in which
a division of the operation is made in contracts of amounts less than
$600 to evade this act.
G.
An electrical contractor that is licensed under Article 7 of the
Skilled trades Regulation Act, MCLA 339.5701 to 339.5739. The exemption
described in this subsection applies only to the electrical installation,
electrical maintenance, or electrical repair work that is performed
by the electrical contractor.
H.
A plumbing contractor that is licensed under Article 11 of the Skilled
Trades Regulation Act, MCLA 339.6101 to 339.6133. The exemption described
in this subsection applies only to plumbing installation, plumbing
maintenance, or plumbing repair work that is performed by the plumbing
contractor.
I.
A mechanical contractor that is licensed under Article 8 of the Skilled
Trades Regulation Act, MCLA 339.5801 to 339.5819. The exemption described
in this subsection applies only to mechanical installation, mechanical
maintenance, or mechanical repair work that is performed by the mechanical
contractor.
A.
Where the Building Official finds any work regulated by this code
being performed in a manner either contrary to the provisions of this
code or dangerous or unsafe, the Building Official is authorized to
issue a stop-work order.
B.
A person who is served with a stop-work order, except for work that
the person is directed to perform to remove a violation or unsafe
condition, subject to the penalty provisions prescribed in this Chapter.
C.
Any person who shall continue any work after having been served with
a stop-work order, except such work as that person is directed to
perform to remove a violation or unsafe condition, shall in violation
of this Chapter.
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DIVISION 2
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Construction Board of Appeals
[B&H Code § BH205; amended 4-28-1980 by Ord. No.
1197; 12-20-1999 by Ord. No. 1691] |
A.
There is hereby established a Construction Board of
Appeals consisting of seven members appointed by the City Commission
as follows:
(1)
One member who is principally engaged in commercial
construction with at least five years experience, and whose office
or residence is within the City.
(2)
One member who is principally engaged in residential
construction, with at least five years experience, whose office or
residence is within the City.
(3)
One registered structural engineer or architect, whose
office or residence is within the City.
(4)
One licensed master plumber or licensed journeyman
plumber with at least five years experience as such, and whose office
or residence is within the City.
(5)
One licensed master electrician or licensed journeyman
electrician with at least five years' experience as such, and whose
office or residence is within the City.
(6)
One licensed mechanical contractor with at least five
years' experience as such, and whose office or residence is within
the City.
(7)
One representative of the City at large who is a property
owner and who has resided within the City for at least five years.
B.
If a representative is not available from each of
the categories listed above, the City Commission may appoint others
who do not meet all of the specific requirements but, in the opinion
of the City Commission, are qualified with experience and training
to pass upon pertinent matters.
C.
Such members shall be appointed for terms of three
years except that the initial appointments shall provide for three
three-year terms, two two-year terms, and two one-year terms so that
subsequent appointments shall not occur at the same time.
The Construction Board of Appeals shall meet
at such times as the board may determine. The board shall propose
bylaws for approval by the City Commission. All meetings of the board
shall be open to the public.
A majority of the members of the board shall
constitute a quorum. A majority of the members is required to take
action on all matters not of an administrative nature, but a majority
of a quorum may deal with administrative matters.
The Building Official shall serve as secretary
of the Construction Board of Appeals and shall keep records of its
meetings. The minutes of the meetings shall be in writing, but may
state the substance of any matter considered.
[Amended 6-19-2006 by Ord. No. 1804]
A.
The Construction Board of Appeals shall act as a quasi-judicial
body in deciding matters brought before it which involve interpretation
of any provision of this chapter. The Construction Board of Appeals
shall also act as an advisory board to the City Commission. The board
shall have the following powers and duties:
(1)
To provide for reasonable interpretation of the provisions
of the City building codes, plumbing codes, mechanical codes, electrical
codes, and fire codes. The board shall have no authority to waive
requirements of any City codes.
(2)
To hear and decide appeals from and review any order,
requirement, decision or determination made by an administrative official
charged with the enforcement of the City building, plumbing, mechanical,
electrical and fire codes.
(3)
To hear and decide appeals from any order, requirement or refusal made by an administrative official charged with the enforcement of the Soil Erosion and Sedimentation Control Ordinance pursuant to § 30-12 of the Kalamazoo City Code.
(4)
To hear and decide appeals from any order, requirement or refusal made by an administrative official charged with the enforcement of the City Fire Code pursuant to § 15-46 of the Kalamazoo City Code.
(5)
To approve alternate materials and methods of installation.
(6)
To do acts, make decisions and make such determinations
as authorized by state law or the Kalamazoo City Code.
(7)
After a public hearing, the board may grant a specific
variance to a substantive requirement of the codes, if the literal
application of the substantive requirement would result in exceptional
practical difficulty to the applicant, and if both of the following
requirements are satisfied:
(a)
The performance of the particular item or part of
the building or structure with respect to which the variance is granted
shall be adequate for its intended use and shall not substantially
deviate from performance required by the code of the particular item
or part for the health, safety, and welfare of the people of the City
and the intent of the code is observed, public safety secured and
substantial justice done.
(b)
The specific condition justifying the variance shall
be neither so general nor recurrent in nature as to make an amendment
to the code with respect to the condition reasonably practical or
desirable.
B.
The board may attach in writing any condition in connection
with the granting of a variance that, in its judgment, is necessary
to protect the health, safety and welfare of the people of the City.
The breach of a condition shall automatically invalidate the variance
and any permit, license, and certificate granted on the basis of it.
In no case shall more than the minimum variance from the code be granted
that is necessary to alleviate the exceptional practical difficulty.
A.
Appeals from the rulings of any official charged with
the enforcement of this chapter may be made to the Construction Board
of Appeals within 21 days from the date of the determination. The
appellant shall file with the official from whose decision the appeal
is taken and with the board, a notice of appeal, specifying the grounds
therefor and stating the address of the appellant. The Building Official
shall set the matter for hearing and give due notice thereof to all
interested parties. The board shall hear such matter and decide the
same not later than 30 days after submission of the appeal. Failure
by the board to hear an appeal and file a decision within the time
limit shall be deemed a denial of the appeal, for the purposes of
instituting an appeal to the State Construction Code Commission.
[Amended 6-19-2006 by Ord. No. 1804]
B.
Within the limits of its jurisdiction, as prescribed
in this article, the Construction Board of Appeals may reverse or
affirm, in whole or in part, or may make such order, requirement,
decision or determination as, in its opinion, ought to be made in
the premises, and to that end shall have all the powers of the official
from whom the appeal is taken. The final disposition of such appeal
shall be in writing and shall state the grounds therefor and shall
be forthwith delivered to the appellant at his last known address.
Any person, including the Building Official,
may file with the Construction Board of Appeals requests for interpretation
of the codes, approval of alternate methods or materials, or any other
matter provided for under the powers and duties of the board, in the
same manner as provided for appeals.
Any orders issued by the Construction Board
of Appeals shall be set out in full, shall be supported by findings
of fact, and shall state the grounds of the order in a manner reasonably
calculated to apprize the petitioner of the basis thereof.
In the absence of an appeal pursuant to § 9-40, decisions of the Construction Board of Appeals become effective on the 10th business day after filing of the decision with the Building Official.
[Amended 6-19-2006 by Ord. No. 1804]
An interested person, or his/her authorized
agent, may seek review of a decision of the Construction Board of
Appeals with the State Construction Code Commission or as otherwise
provided by law. An appeal to the State Construction Code Commission
must be filed within 10 business days of the filing of the board's
decision with the Building Official or within such time period as
state law may prescribe. In case of review sought because of failure
of the board to act within the time prescribed, an appeal may be filed
at any time before filing of the decision of the Construction Board
of Appeals or as otherwise provided by law.
[Added 6-19-2006 by Ord. No. 1804]
Any reference in the Kalamazoo City Code to
the "Building Board of Appeals" shall be treated as a reference to
the "Construction Board of Appeals."
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DIVISION 3
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Signs[1]
[Amended 7-10-1989 by Ord. No. 1466; 10-16-2023 by Ord. No.
2076] |
A.
The purpose
of this division is an exercise the City's police powers to provide
minimum standards to safeguard life, health, property and public welfare
by regulating and controlling the design, quality of materials, construction
location, electrification and maintenance of all signs and sign structures
not located in a building.
B.
No sign shall be erected in such a manner as to confuse
or obstruct the view or interpretation of any official traffic sign
or device.
A.
Compliance and permit required. It shall be unlawful
for any person to erect, re-erect, alter or relocate any sign except
as provided by this division unless a permit for the same has been
issued by the Building Official. In addition, electrical permits shall
be obtained for electric signs. The alteration, repair or remodeling
of a sign which requires removal of the sign from its supporting structure
or framework requires a permit issued by the City. If an alteration,
repair or remodeling can be done without taking the sign down, no
permit is required, but the Building Official shall be notified before
the commencement of the work.
(1)
Every permit issued by the Building Official under
the provisions of this division shall expire by limitation and become
null and void if the work authorized by such permit is not commenced
within 60 days from the date it is issued, or if the work authorized
by such permit is suspended or abandoned for a period of 60 days at
any time after the work is commenced. Before such work can be recommended,
a new permit shall be first obtained to do so; and the fee therefor
shall be equal to the fee required for a new permit for such work;
provided that no changes have been made or will be made in the original
scope of work and type of sign.
(2)
In the instances when delays in starting or continuing
work within the described time frames are for circumstances beyond
the control of the permittee holding the permit, the Building Official
may extend the time for action by the permittee for a period not exceeding
30 days if such extension is requested in writing by the permittee.
No permit shall be extended more than once.
B.
Permit application. Applications for sign permits
shall be made in writing upon forms furnished by the City either online
or from the Building Official.
C.
Signs in historic districts. All existing and proposed
signs located in local designated historic districts shall be reviewed
and approved by the Historic District Commission prior to any installation,
alteration, sign-face change or removal.
D.
(Reserved)
E.
Fees. Sign permit fees shall be as prescribed by resolution
of the City Commission.
F.
Inspections.
(1)
All work on signs for which a permit is required under
this section shall be subject to inspection by the Building Official.
(2)
Footing inspections may be required by the Building
Official for all signs having footings.
(3)
All signs containing electrical wiring shall be subject to the provisions of the electrical code of the City (§ 9-98 et seq. of this Code), and the electrical components used shall bear the label of an approved testing agency.
(4)
Signs which are unsafe shall be removed or repaired
within 30 days of the issuance by the Building Official of a written
order to repair or remove the sign. It shall be a municipal civil
infraction for any person to fail to comply with such an order to
repair or remove any sign.
(5)
A sign may be reinspected at the discretion of the
Building Official.
A.
Signs may be allowed to project into, be erected over,
or placed in the public right-of-way when permitted by the Zoning
Ordinance of the Code of Ordinances, and a license to do so is issued
by the City.
(1)
Any sign which extends from the building or structure
on which it is mounted a distance of more than 12 inches over public
property or over the public right-of-way shall require a license to
do so from the City.
(2)
No sign projection over a sidewalk used by the public
shall be less than eight feet in the clear above the sidewalk on streets
and the sidewalk in alleys.
A.
Generally. Signs and sign structures shall be designed
and constructed to resist wind and seismic forces as specified in
this section. All bracing systems shall be designed and constructed
to transfer lateral forces to the foundations. For signs on buildings,
the dead and lateral loads shall be transmitted through the structural
frame of the building to the ground in such a manner as not to overstress
any of the elements thereof.
(1)
The overturning movement produced from lateral forces
shall in no case exceed 2/3 of the dead load-resisting movement. Uplift
due to overturning shall be adequately resisted by proper anchorage
to the ground or to the structural frame of the building. The weight
of earth superimposed over footings may be used in determining the
dead load-resisting movement. Such earth shall carefully placed and
thoroughly compacted.
B.
Wind loads. Signs and sign structures shall be designed
and constructed to resist wind forces as specified in the adopted
building code of the City.
C.
Seismic loads. Signs and sign structures shall be
designed and constructed to resist seismic forces as specified in
the adopted building code of the City.
D.
Combined loads. Wind and seismic loads need not be
combined in the design of signs or sign structures; only that loading
producing the larger stresses need be used. Vertical design loads,
except roofline loads, shall be assumed to be acting simultaneously
with the wind or seismic loads.
E.
Allowable stresses. The design of wood, concrete,
steel or aluminium members shall conform to the applicable requirements
of the adopted building code of the City. Loads, both vertical and
horizontal, exerted on the soil shall not produce stresses exceeding
those specified in such code. Working stresses for wind or seismic
loads combined with dead loads may be increased as specified in such
code.
A.
Generally. The supports for all signs or sign structures
shall be placed in or upon private property whenever possible and
shall be securely built, constructed and erected in conformity with
this division.
B.
Materials. Construction materials for signs and sign
structures shall be of the quality and grade as specified for buildings
in the adopted building code of the City.
(1)
Anchors and supports, when of wood and embedded in
the soil or within six inches of the soil, shall be of all heartwood
of a durable species or shall be pressure-treated with an approved
preservative. Such members shall be marked or branded by an approved
agency as recognized under the building code.
C.
Nonstructural trim. Nonstructural trim may be of wood,
metal, approved plastics or any combination thereof.
D.
Anchorage. Members supporting unbraced signs shall
be so proportioned that the bearing loads imposed on the soil in either
direction, horizontal or vertical, does not exceed the safe values.
Braced ground signs shall be anchored to reset the specified wind
or seismic load acting in any direction. Anchors and supports shall
be designed for safe-bearing loads on the soil and for an effective
resistance to pullout amounting to a force 25% greater than the required
resistance to overturning. Anchors and supports shall penetrate to
a depth below ground greater than that of the frost line.
(1)
Signs attached to masonry, concrete or steel shall
be safely and securely fastened thereto by means of metal anchors,
bolts or approved expansion screws of sufficient size and anchorage
to safely support the loads applied.
(2)
No wooden blocks or plugs or anchors with wood used
in connection with screws or nails shall be considered proper anchorage
except in the case of signs attached to wood framing.
(3)
No anchor or support of a sign shall be connected
to or supported by an unbraced parapet wall, unless such wall is designed
in accordance with the requirements for parapet walls specified for
seismic zones in the adopted building code of the City.
E.
Approved plastics. The Building Official shall require
that sufficient technical data be submitted to substantiate the proposed
use of any plastic material; and, if it is determined that the evidence
submitted is satisfactory for the use intended, the Building Official
may approve its use.
A.
Generally. Signs shall conform to the clearance requirements
of this section.
B.
Clearance from high voltage power lines. Signs shall
be located not less than six feet horizontally or 12 feet vertically
from overhead electrical conductors which are energized in excess
of 750 volts. As used in this subsection, "overhead conductors" means
any electrical conductor, either bare or insulated, installed above
the ground, except such conductors as are enclosed in iron pipe or
other material covering of equal strength.
C.
Clearance from fire escapes, exits or standpipes.
No sign or sign structure shall be erected in such a manner that any
portion of its surface or supports will interfere in any way with
the free use of any escape, exit or standpipe.
D.
Openings. No sign shall obstruct any opening to such
an extent that light or ventilation is reduced to a point below that
required by the adopted building code of the City.
A.
The Kalamazoo City Commission shall, by resolution,
establish reasonable fees for covering the costs of actions taken
with regard to a sign or sign structure governed by all or part of
this division of the City Code.
B.
The costs shall be a lien against the real property
and shall be reported to the assessing officer of the City who shall
assess the cost against the property on which the sign or sign structure
is or was located.
C.
The owner or party in interest in whose name the property appears upon the last local tax assessment record shall be notified of the amount of the costs referred to in Subsection B, by first-class mail at the address shown on the record. If he fails to pay the same within 30 days after mailing by the assessor of the notice of the amount thereof, the Assessor shall add the same to the next tax roll of the City; and the same shall be collected in the same manner in all respects as provided by law for the collection of taxes.
