City of Kalamazoo, MI In General

BUILDINGS DIVISION or HOUSING SECTION

As used in this chapter, the following terms shall have the meanings indicated:

BUILDING OFFICIAL

Refers to the individual described in § 2-301 of this Code and as described in the Stille-DeRossett-Hale Single State Construction Code Act, MCLA § 125.1501 et seq., as amended. The term "Building Official" shall mean the Building Official or his authorized representative.

The department and/or division responsible for enforcement and oversight of all or part of the provisions of this chapter.

EQUIPMENT

Any plumbing, heating, electrical, ventilating, air conditioning, refrigerating, and fire protection equipment, and elevators, dumbwaiters, escalators, boilers, pressure vessels and other mechanical facilities or installations that are related to building services. Equipment or fixture shall not include manufacturing, production, or process equipment, but shall include connections from building service to process equipment.

INTERIOR DEMOLITION

Is the process of removing the interior building components of a structure. This type of demolition consists of removing select items or removing all items and leaving the shell of a building.

Where the possessive pronoun "his" is used in this chapter, it shall mean "his or her."

§ 9-2 Boarding up of buildings — limitation on time.

No person shall permit any building to be boarded up in the City for a period of longer than six months. Such period of six months may be extended by the Building Official upon filing, by the owner or other person responsible for the premises, of applications for required permits to comply with the ordinances of the City, along with a letter of intent describing what repairs are to be made and a detailed schedule indicating when they are to be completed.

§ 9-3 Same — method.

Any boarding up of openings in a building within the City shall be done with plywood of minimum thickness of 1/2 inch, free of holes. It shall fully cover each opening and be securely fastened. All exposed edges and surfaces shall be painted.

§ 9-4 Unsafe equipment.

Equipment that becomes unsafe, insanitary or deficient because it may constitute a fire hazard or is otherwise dangerous to human life or the public welfare, or that involve inadequate maintenance, shall be deemed a violation of this chapter. Unsafe equipment shall be removed or made safe, as the Building Official deems necessary and as provided for in this section.

§ 9-5 Violation; penalty.

The City of Kalamazoo may charge any person who violates any section of this chapter with a municipal civil infraction, unless the section specifically states otherwise.

The civil fine for a violation of this chapter shall be not more than $200.

A second or subsequent violation of this chapter committed by an individual who has been previously adjudicated responsible for a violation of this chapter within a previous twelve-month period may be fined a minimum fine of $200 but not more than $500.

§ 9-6 Special permits, licenses, fees and conditions.

Permits and fees associated with this chapter are generally regulated by provisions described in Chapter 2, Article XI, of the City Code of Ordinances. Unless noted to the contrary in this chapter, the fees for all permits issued under all articles of this chapter shall be set by resolution by the City Commission.

The following structures and/or work not specifically addressed in other articles of this chapter require building permits. Unless a permit fee for the structure(s) and/or work is noted in a current permit fee resolution, the fee will be calculated on the same basis as used for residential alteration work:

Freestanding television reception towers; satellite antenna; radio broadcast and reception towers, freestanding and roof-mounted.

Interior demolition work when not done as part of the work of a building permit.

Special inspection and reinspection fees may be charged under the following conditions:

When a request is made to the Buildings Division for a partial occupancy certificate for a building, an inspection fee may be charged for each inspector required in addition to any other fee prescribed in this chapter.

A fee shall be charged for any inspection performed under this chapter.

All inspection and reinspection fees must be paid in advance for any special inspection of an existing commercial or residential property requested by the Federal Housing Administration, the Veterans Administration, a lending institution, a realtor, property owner or prospective property purchaser.

Other permits which are applied for, issued through and fees for the same collected by the Buildings Division for work and conditions not regulated by this chapter include:

Related to Appendix A, Zoning Regulations, City Code of Ordinances:

Environmental permit for parking area development when not a part of construction work included in a building permit (parking lots, loading areas, outdoor sales lots) or other general grading and filling when less than one acre in area.

Environmental permit for paving an existing parking area when not a part of construction work included in a building permit (parking lots, loading areas, outdoor sales areas). Environmental permit for building use change which involves no work requiring a building permit (business and residential uses as defined in the Zoning Ordinance and in the building code).

(c)

Environmental permit for any site grading, filling, improvements and/or construction in a flood fringe or floodway as identified by the Federal Management Agency, National Flood Insurance Program.

(d)

Sign permits of any type.

Related to soil erosion and sedimentation control, Chapter 30, City Code of Ordinances: any grading or filling work on one acre or more for any reason. A soil erosion permit and bond are required for such work in addition to any other permits associated with the improvement.

Other permits or approvals applied for through other City departments, but which may be required before a building permit may be issued:

Applied for through the Department of Public Safety:

Storage tanks for hazardous materials, above and in ground.

Any general plan review and approval required by Chapter 15, Fire Prevention and Protection. Permit and/or approval will be requested through and approved by the Public Safety Department. Fees are paid through the Buildings Division.

Applied for through the Public Services Department, or such department as the City Manager may designate:

Curb cuts from street across City property and drainage of stormwater off of developed property, including any change in existing conditions. Approval is required by the Public Works Division before any permits related to such work can be issued by the Buildings Division.

Any type of construction on or projecting over property owned by the City. Approval is required from the City Commission but secured through the Department of Public Services. This approval is required before any permits associated with the work can be issued by the Buildings Division.

Permits of approvals required by non-City agencies:

Towers and any construction over 50 feet high; or any construction within a 1/2 mile of the county airport may require approval by the Federal Aviation Administration, Kalamazoo County Airport.

Any site grading, filling or other construction in a flood-fringe or floodway area requires a permit from the State of Michigan, Department of Natural Resources, Engineering-Water Management Division, or its successor agency.

Any work including construction and/or demolition which involves toxic wastes (toxic liquids, unknown chemicals in any form) requires clearance by the State of Michigan, Department of Natural Resources, or its successor agency. This affects all construction permits and wrecking permits.

(4)

Any construction on a site which does not have public water or sewage disposal requires the approval of the Kalamazoo County Health Department.

An annual electrical permit may be obtained by a firm or corporation or person authorized by the firm or corporation to cover installations or minor alterations, each normally requiring a separate electrical permit, performed on or within the firm or corporation's own facilities. The firm or corporation obtaining such a permit must employ one or more electrical journey persons or master electricians or contract work regularly with one such trade person or firm employing such trade person to do the electrical work. The annual permit shall be issued subject to the following conditions:

The journeyperson or master electrician so employed shall register their state licenses with the Building Division annually.

The annual permit shall be applicable and limited to work performed on the premises described on the permit.

The annual permit shall not be applicable to new buildings or additions until an occupancy permit for the new construction has been issued by the Buildings Division.

(4)

The holder of the annual permit shall, upon the request of the Building Official, allow inspection of the premises to assure that all work is in accordance with the electrical code as contained in this chapter.

Temporary electrical service permits may be issued for a time period of six months only, unless special arrangements are made with the Building Official, and shall be subject to renewal application to the Buildings Division if still required after the expiration date.

Permits for emergency work of all types described in this chapter, when the emergency occurs on Saturday, Sunday or City-employee holidays, shall be secured from the Buildings Division within 24 hours of the next opening of the division offices for official business following the emergency.

Any person, firm or corporation may perform minor repair work on all construction and/or devices covered by all of the articles of this chapter on their own property without having secured a permit or license, including such work which is being done to correct code violations posted on said property by the Buildings Division or Housing Section within the time limits stated in the violations notice. When such minor repair work is being done after the specified time limits for correction in a violation notice, permits will usually be required. This permission shall not extend to connections between utility supply systems and the distribution systems on the premises. For this latter work, a permit must be obtained, and a licensed contractor used. This permission also shall not extend to work which modifies or changes structural elements, window replacement work and glazing work. Such work will require permits and may require a licensed contractor.

An owner-occupant of a one- or two-family dwelling may secure permits to personally install, alter or repair any items or do any construction covered by the articles of this chapter, provided said owner-occupant has reasonable knowledge of such installation. The Building Official may require the applicant to submit evidence of such skills and knowledge before issuing a permit for any such work. Said occupant shall call for inspections as required by the building code.

Plans, engineering calculations, diagrams and other data shall be submitted in one or more sets with each application for any permit covered by this chapter. The Building Official may require plans, computations and specifications to be prepared and designed by an engineer or architect licensed in the State of Michigan to practice as such. Exceptions are as follows:

Alterations and repair work determined by the Building Official to be of a minor nature.

A building of use group R-3 containing not more than 3,500 square feet unless such building is constructed using unusual or proprietary systems for structure, mechanical, electrical components not clearly covered by the building regulations.

Work costing less than $15,000 and to be done by a state agency.

§ 9-7 Alterations, renovations and interior demolition.

All unused wiring, piping, conduit, communications cable, ducts and associated junction boxes, supports and accessories, the same which are located in areas accessible for maintenance and remaining from any prior or current remodeling and/or rehabilitation work on any building, are to be removed from the building or premises unless such items are planned to be reused at some future date. The Building Official may permit such items to remain when reuse is not planned if they can be rendered safe and will not otherwise constitute a violation of this Code or other law.

A building permit must be obtained from the Buildings Division for interior demolition work as herein described for all buildings unless such work is documented as part of the plans and specifications submitted with a building permit request for reconstruction work to be done in the building and such demolition work is done after the issuance of the building permit. Demolition work requiring such a permit includes but is not limited to the removal of duct work, piping, conduit partitions, structural members and general clearing of an interior area of more than 500 square feet. Any interior demolition work of any kind which, when started or if discovered in the work process, requires the removal of asbestos, must be done by a contractor approved by the State of Michigan, Department of Public Health, Bureau of Environmental and Occupational Health.

When renovation work results in a change of use of a building as defined in Chapter 11 of the Michigan Building Code or any renovation work is done to more than 50% of the floor area of an existing building, the entire building must be brought into compliance with the current barrier-free design rules promulgated by the State of Michigan. When renovation work is done to less than 50% of an existing building, the area renovated and a means of exit travel from the area to the exterior must comply with the referenced barrier-free rules. All additions to existing buildings must comply with the referenced barrier-free rules.

When and where renovation work is of such a scope that either face of a hollow wall or partition is removed and replaced, all services exposed within said wall or partition shall be brought up to current building, electrical, mechanical and plumbing codes. This same requirement applies to work which includes removing and replacing ceilings and removing and replacing floor construction. When such work includes adding electrical devices, any new circuits required to feed those devices to avoid overloading existing circuits shall be added.

Debris resulting from demolition and other construction work is to be regularly and promptly removed from the site and disposed of in compliance with all federal, state and local regulations. As long as a dumpster or other debris container is not full, and its contents do not pose a hazard or violate any statute, ordinance, rule or regulation, the dumpster need not be emptied until completion of the work for which the permit was issued. Dumpsters and any other containers used to collect such debris shall be placed and protected on the construction site so that they do not attract unauthorized use for trash and garbage disposal by persons other than those engaged in work on the site. When containers for debris from demolition or other construction work are not required or used for a period of two weeks and are accessible to unauthorized use, they are to be removed from the site. If such removal is not made, such containers may be declared a nuisance and their removal accomplished under provisions of Chapter 21 [1], §§ 21-3 through 21-5, of the City Code of Ordinances.

[1]

Editor's Note: See Ch. 21, Nuisances.

When the repair of plumbing piping requires the replacement of a section of metal water supply piping, and the replacement pipe is nonmetallic, the two ends of the metal piping shall be bonded to maintain electrical grounding continuity past the nonmetallic pipe.

When new electrical wiring is required in any finished area in a dwelling unit, and such wiring cannot be concealed within walls, under floors or above ceilings, then such exposed wiring shall be done in a complete wiring distribution system specifically designed to be surface-mounted on finished surfaces.

§ 9-8 Permit duration and expiration.

Regardless of any other language in this chapter, the Building Official may grant an extension to the starting time for any permit issued under the provisions of this chapter for a maximum of 30 days if the permit holder requests such an extension in writing and provides evidence that the delay is caused by action over which the permit holder has no control. Likewise, the Building Official may grant an extension to the period of construction inactivity after work has commenced for a maximum of 30 days under the same procedure and conditions as allowed for the delay in starting work. A limit of two such extensions in either case may be granted by the Building Official. Any further extensions may only be granted by the Construction Board of Appeals.

§ 9-9 Fees for actions taken under Chapter 9.

The City Commission may, by resolution, establish reasonable fees for covering the costs of actions taken under Chapter 9 of the City Code.

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 building or dwelling is or was located.

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/she 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 and/or may be collected by suit at law. Interest shall accrue as provided for taxes and judgments by law.

§ 9-10 Civil remedies for violations.

Any building constructed, altered, converted or maintained in violation of any provision of this chapter is declared to be a nuisance. The Building Official may institute an action in the circuit court to prevent such unlawful construction, alteration, conversion or maintenance, to restrain, correct or abate such violation or any nuisance, to prevent the occupation of such building or to prevent any illegal act, conduct or business in or about such building. The procedure for such action shall be the same as for an injunction for abatement of a nuisance in the circuit court.

The judgment of the court in such cause may direct the corrections, repair or rehabilitation of the building or the abatement of the nuisance, may authorize a reasonable time within which the defendant may make such corrections, repairs, rehabilitation or abatement, and may authorize the Building Official to execute and carry out the provisions of the judgment in case of default by the defendant. Whenever the City has incurred any expense for the enforcement of this chapter or the judgment of the court, the City may sue the owner or possessor of the premises, or both, and may recover the amount of such expense, in addition to the costs of suit.

The City shall have a lien upon the premises for the expenses necessarily incurred in the execution of such judgment which lien shall have priority over all other liens or encumbrances, except taxes, assessments or mortgages recorded previous to the existence of such lien. Such lien may be foreclosed as in the case of foreclosure of mortgages by court action, as established by the circuit court rules and statutes of the state in such case made and provided.

§ 9-11 Appearance tickets.

Prosecutions for violations of this chapter may be commenced by issuing a municipal civil infraction citation. The Building Official is authorized to issue and serve such citations.

§ 9-12 Paving permit required.

No part of any yard or premises shall be paved or repaved (including pavement reconstruction and pavement expansion) for the purposes of providing vehicular access or parking unless a paving permit is first issued by the Building Official as described in this section.

PAVE (AND ITS DERIVATIVES)

Definitions. For the purposes of this section, the following definitions shall apply:

The placement of materials on the ground for the purposes of providing vehicular access or parking, including, but not limited to, gravel, concrete, bituminous material, crushed stone, tile, or brick pavers.

PAVEMENT EXPANSION

The extension of the existing boundaries of the paving on a property.

PAVEMENT MAINTENANCE

The minor repair and routine maintenance of existing paving, including applying surface sealers and patches, filling cracks and potholes, and raking and leveling loose paving materials.

PAVEMENT RECONSTRUCTION

The replacement of the existing paved surfaces, or the supplementation of existing paving materials, or the placement of a new type of surface material over an existing paved surface.

Permit application. An application for a paving permit shall include an accurate site plan or survey of the lot for which the permit is sought, showing:

The dimension of each side of the lot.

The boundaries, with dimensions, of existing and proposed paving on the lot and the location and dimensions of parking spaces.

(c)

The location and dimensions of any buildings or other structures on the lot.

(d)

The nature of the paving material or materials to be used, the nature of the subbase to be used, and the nature of adjacent ground cover.

Permit issuance. The paving permit shall identify the property upon which the paving is to be done and describe the specific area which is to be paved and the type of surface to be used. The paving permit shall be posted in a conspicuous location on the lot during the paving operation. No paving permit shall be issued to place new paving, or paving expansion, unless all parking and access facilities on the property meet the standards in § 36-186 in the City Code of Ordinances and the standards of Chapter 6, Section 1 (§ 6.1) of Appendix A of the City Code of Ordinances, being the Zoning Ordinance.

(4)

Nonconforming paving. A paving permit may be issued to reconstruct a driveway or a paving space which legally exists at the time of adoption of this provision. When such paving, or any portion thereof, can feasibly be done in greater conformity with the standards in § 36-186 in the City Code of Ordinances and/or the standards of Chapter 6, Section 1 (§ 6.1) of Appendix A of the City Code of Ordinances, being the Zoning Ordinance, the Building Official shall so require in any paving permit. In determining such feasibility, the following provisions shall apply:

The reconstruction shall not increase or extend any existing nonconformity;