CHAPTER 153
BUILDING CODE
Section
153.03 Creation of City Building Commissioner
153.06 Adoption of rules by reference
153.16 Certificate of occupancy
153.01 TITLE.
This chapter and all ordinances supplemental or amendatory thereto shall be known as the “Building Code of the City of Plymouth and its Zoning Boundary,” may be cited as such, and will be referred to herein as “this code.”
(Ord. 2008-1973, passed 11-10-2008)
153.02 PURPOSE.
The purpose of this code is to provide minimum standards for the protection of life, health, environment, public safety and general welfare, and for the conservation of energy in the design and construction of the buildings and structures.
(Ord. 2008-1973, passed 11-10-2008)
153.03 CREATION OF CITY BUILDING COMMISSIONER.
There is hereby created the office of City Building Commissioner, who shall be appointed by the Mayor. The Building Commissioner must be knowledgeable in the field of building codes, and their interpretation and enforcement, and in addition thereto, the Building Commissioner must also attend seminars and classes sponsored by the Indiana Department of Fire and Building Services to further his or her knowledge of the position. The Building Commissioner shall be paid to the annual salary ordinance of the city.
(Ord. 2008-1973, passed 11-10-2008)
153.04 AUTHORITY.
The Building Commissioner is 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 Building Commissioner or any other officer of the city, this shall be construed to give such officer only the discretion of determining whether this code has been complied with; and no such provision shall be construed as giving any officer discretionary powers as to what this code shall be, or power to require conditions not prescribed by ordinances or to enforce this code in arbitrary or discriminatory manner.
(Ord. 2008-1973, passed 11-10-2008)
153.05 SCOPE.
The provisions of the code apply to the construction alteration, repair, use, occupancy, maintenance, and additions to all buildings and structures, including fences in the city and its zoning boundary.
(Ord. 2008-1973, passed 11-10-2008)
153.06 ADOPTION OF RULES BY REFERENCE.
(A) Building rules of the Indiana Fire Prevention and Building Safety Commission as set out in the following articles of Title 675 of the Indiana Administrative Code are hereby incorporated by reference in this code and shall include later amendments to those articles as the same are published in the Indiana Register or the Indiana Administrative Code with effective dates as fixed therein:
(1) Article 13 - Building Codes:
(a) Fire and Building Safety Standards (675 I.A.C. 13-1).
(b) Indiana Building Code (675 I.A.C. 13-2).
(2) Article 14 - One and Two Family Dwelling Code. Indiana Residential Code (675 I.A.C. 14-4).
(3) Article 16 Plumbing Code. Indiana Plumbing Code (675 I.A.C. 16-1.3)
(4) Article 17 - Electrical Codes. Indiana Electrical Code (675 I.A.C. 16-1)
(5) Article 18 - Mechanical Code. Indiana Mechanical Code (675 I.A.C. 18-1)
(6) Article 19 - Energy Conservation Code. Indiana Conservation Code (675 I.A.C. 19-3)
(7) Article 20 - Swimming Pool Code:
(a) General Provisions and Definitions (675 I.A.C. 20-1.1).
(b) Public Swimming Pools (675 I.A.C. 20-2).
(c) Public Spas (675 JAC 20-3).
(d) Residential Swimming Pools (675 I.A.C. 20-4).
(B) Copies of the adopted building rules, codes, and standards are on file in the office of the Clerk-Treasurer of the city.
(Ord. 2008-1973, passed 11-10-2008)
153.07 APPLICATION FOR PERMIT.
No building permit shall be issued for the foregoing purpose, unless the application for a permit is accompanied by a plat or sketch of the proposed location showing the work to be done. In addition, a copy of a design release issued by the State Building Commissioner and the State Fire Marshal pursuant to I.C. 22-15-3-1 shall be provided to the Building Commissioner before issuance of a permit for construction covered by such design release.
(Ord. 2008-1973, passed 11-10-2008)
153.08 PERMIT REQUIRED.
A permit shall be obtained before beginning construction, alteration or repair of any building or structure, including a fence. Permit application forms may be obtained at the Building Commissioner’s office or the city’s webpage. All fees designated as applicable by the city’s Code of Ordinances, including Title XV, Chapter 151, shall be paid at the Building Commissioner’s office. Checks and money orders shall be made payable to the city.
(Ord. 2008-1973, passed 11-10-2008) Penalty, see § 153.99
153.09 OTHER ORDINANCES.
All work done under any permit shall be in full compliance with all other ordinances pertaining thereto, and in addition to the fees for permits there shall be paid the fees prescribed in such ordinances.
(Ord. 2008-1973, passed 11-10-2008) Penalty, see § 153.99
153.10 REQUIRED INSPECTIONS.
The Building Commissioner shall in all cases designate the stage of construction when each required inspection must be requested by the permit holder, contractor, or property owner. This request must be made 24 hours before said inspection. No concrete shall be placed for foundations without prior inspection. No electrical, mechanical, plumbing, or thermal insulation work shall be covered without prior inspection. When a re-inspection is necessary because the permit holder, contractor, or property owner has not complied with this code and/or the codes referred to in § 153.06, the Building Commissioner may assess a re-inspection fee of $30 for each additional inspection. Re-inspection fees shall be paid to the office of the Clerk-Treasurer prior to the issuance of a certificate of occupancy. The Building Commissioner shall submit an annual report to the Common Council of the city which shall include an analysis of inspections performed, permit fees collected and recommendations for adjustment of required permit and inspection fees as deemed appropriate.
(Ord. 2008-1973, passed 11-10-2008)
153.11 REVIEW OF APPLICATION.
Prior to the issuance of any building permit, the Building Commissioner shall:
(A) Review all building permit applications to determine full compliance with provisions of this code.
(B) Review all building permit applications for new construction or substantial improvements to determine whether proposed building sites will be reasonably safe from flooding.
(C) Review all building permit applications for new construction and additions to determine whether the proposed construction or addition complies with the city’s Zoning Ordinance.
(Ord. 2008-1973, passed 11-10-2008)
153.12 INSPECTIONS.
After issuance of any building permit, the Building Commissioner shall make, or cause to be made, inspections of the work being done to ensure full compliance with the provisions of this code, including the codes referred to in § 153.06. The permit holder, contractor, or property owner shall request the required inspections no later than 24 hours in advance of the inspection. The Building Commissioner may assess a late fee of $30 for failure to comply with this 24-hour notice provision. Any assessed late fee shall be paid to the office of the Clerk-Treasurer prior to the issuance of a certificate of occupancy.
(Ord. 2008-1973, passed 11-10-2008)
153.13 FIRE INSPECTION.
The Chief of the Fire Department, or his or her designated representative, shall assist the Building Commissioner in the inspection of fire suppression, detection and alarm systems and shall provide reports of such inspection to the Building Commissioner.
(Ord. 2008-1973, passed 11-10-2008)
153.14 ENTRY.
Upon presentation of proper credentials, the Building Commissioner or his or her duly authorized representative may enter at reasonable times any building, structure or premises in the city and its zoning boundary to perform any duty imposed upon him or her by this code.
(Ord. 2008-1973, passed 11-10-2008)
153.15 STOP ORDER.
Whenever any work is being done contrary to the provisions of this code, the Building Commissioner may order the work stopped by notice in writing, served on any person engaged in the doing or causing of such work to be done, and any such persons shall forthwith stop such work until authorized by the Building Commissioner to proceed with the work.
(Ord. 2008-1973, passed 11-10-2008) Penalty, see § 153.99
153.16 CERTIFICATE OF OCCUPANCY.
No certificate of occupancy for any building or structure erected, altered or repaired after the adoption of this chapter shall be issued unless such building or structure was erected, altered or repaired in compliance with the provisions of the chapter. It shall be unlawful to occupy any such building or structure unless a full, partial, or temporary certificate of occupancy has been issued by the Building Commissioner.
(Ord. 2008-1973, passed 11-10-2008) Penalty, see § 153.99
153.17 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.
(Ord. 2008-1973, passed 11-10-2008) Penalty, see § 153.99
153.18 VIOLATIONS.
It shall be unlawful for a 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, including fences, in the city and within its zoning boundary or cause or permit the same to be done, contrary to or in violation of this code.
(Ord. 2008-1973, passed 11-10-2008) Penalty, see § 153.99
153.19 RIGHT OF APPEAL.
All persons shall have the right to appeal the Building Commissioner’s decision first through the Board of Zoning Appeals of the city and then to the Fire Prevention and Building Safety Commission of Indiana in accordance with the provisions of I.C. 22-12-7.
(Ord. 2008-1973, passed 11-10-2008)
153.20 REMEDIES.
The Building Commissioner shall in the name of the city bring actions in the Circuit or Superior Courts of Marshall County, Indiana, for mandatory and injunctive relief in the enforcement of and to secure compliance with any order or orders, made by the Building Commissioner, and any such action for mandatory or injunctive relief may be joined with an action to recover the penalties provided for in this chapter.
(Ord. 2008-1973, passed 11-10-2008)
153.99 PENALTY.
If any person, firm or corporation shall violate any of the provisions of this chapter, or shall do any act prohibited herein, or shall fail to perform any duty lawfully enjoined, within the time prescribed by the Building Commissioner, or shall fail, neglect or refuse to obey any lawful order given by the Building Commissioner in connection with the provisions of this chapter, for each such violation, failure or refusal, such person firm or corporation shall be fined in any sum not less than $250, nor more than $2,500. Each day of such unlawful activity as is prohibited by the first sentence of this section shall constitute a separate offense.
(Ord. 2008-1973, passed 11-10-2008)