§ 150.01
PURPOSE.
The purpose of this chapter is to provide for the protection of
life, public safety and real and personal property in the design and
construction of buildings and structures in the county.
(`83 Code,
§ 150.01)
(Ord. 1977‑41,
passed 1‑30‑78)
§ 150.02
CONFORMANCE REQUIRED.
(A) All construction, enlargement, alteration, repair, relocation
and use of buildings, structures and dwellings shall conform with
this chapter and such ordinances as may be hereafter adopted for
such purposes by the Board of County Commissioners.
(B) It shall be unlawful for any person, firm or corporation,
whether as owner, lessee, sublessee 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 county, or cause or permit the same to be
done, contrary to or in violation of the provisions of this chapter.
(`83 Code,
§ 150.02)
(Ord. 1977‑41,
passed 1‑30‑78) Penalty, see
§ 10.99
§ 150.03
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, enlargement, alteration, repair, relocation and use
of buildings and structures in the county.
(1) The Indiana Construction Rules and Regulations,
Volume I, 1973 edition, amended 1974, promulgated by the
Administrative Building Council of Indiana.
(2) The One- and Two-Family Dwelling Code, 1976 edition,
promulgated by the Administrative Building Council of Indiana.
(3) The National Electrical Code, 1978 edition, adopted
by the National Fire Protection Association.
(4) The Plumbing Rules and Regulations, Volume III, 1976
edition, amended 1976, promulgated by the Administrative Building
Council of Indiana.
(5) The Mechanical Rules and Regulations, Volume IV, 1976
edition, amended 1977, promulgated by the Administrative Building
Council of Indiana.
(B) Two copies
of the foregoing rules and regulations are on file for reference in
the office of the County Building Commission in the County
Courthouse.
(`83 Code,
§ 150.03)
(Ord. 1977‑41,
passed 1‑30‑78)
§ 150.04
ADMINISTRATIVE COOPERATION.
In the administration of this chapter, and any other ordinances
incident hereto, the Department of Buildings shall cooperate with
and coordinate its activities with all affected or related city,
county and state agencies so as to prevent unnecessary overlapping,
duplication and waste in the administrative process.
(`83 Code,
§ 150.04)
(Ord. 1977‑41,
passed 1‑30‑78)
§ 150.05
CONSTRUCTION PERMIT REQUIRED.
(A) Prior to the construction of any building, structure, dwelling
or any part thereof, no extension, repair or alteration of any
existing building, no plumbing, no electrical work, no heating work,
no ventilation work, nor air conditioning work having a contract
price or estimated cost of more than $100 shall be started until a
statement in writing of the work proposed to be done shall first be
submitted by the contractor or individual in charge of the work to
and approved by the Building Commissioner, and a permit issued by
him or her for the proposed construction, alteration, repair or
extension work.
(B) The Building Commissioner, before issuing a permit therefor,
may require the applicant to submit and file a set of detailed plans
and specifications subject to the approval of the Building
Commissioner, a copy of which shall be retained in his or her
office. No changes from the approved plans or specifications shall
be made until a revised copy thereof has been submitted to and
approved by the Building Commissioner.
(C) The Building Commissioner shall refuse to issue a permit in any
case where the construction or work proposed is in violation of any
statute of the state or any provisions of any ordinance of the
county.
(D) No permit shall be required for any outside or inside painting
or other cosmetic repair or maintenance where the building is not
altered or extended.
(`83 Code,
§ 150.05)
(Ord. 1977‑41,
passed 1‑30‑78) Penalty, see
§ 10.99
§ 150.06
PERMIT AND INSPECTION FEES.
The fee for all permits and inspections shall be as follows.
(A) $5 for construction costs not exceeding $5,000.
(B) $9 for construction costs of more than $5,000 and less than
$10,000.
(C) $13 for construction costs of more than $10,000 and less than
$15,000.
(D) $17 for construction costs of more than $15,000 and less than
$20,000.
(E) $20 for construction costs of more than $20,000 and less than
$25,000.
(F) $20 plus $0.50 per $1,000 for construction costs over $25,000
and less than $100,000.
(G) $57.50 plus $0.35 per $1,000 for construction costs of
$100,000, with a maximum permit fee of $100.
(H) An inspection fee of $7.50 for each required inspection.
(`83 Code,
§ 150.06)
(Ord. 1977‑41, passed 1‑30‑78)
Cross-reference:
Board
of Health service fees, see
§§ 92.15
et seq.
§ 150.07
APPEALS.
All persons shall have the right to appeal the Building
Commissioner's decision, first through a body appointed by the
Board of County Commissioners, being the Board of Appeals, and
then through the Executive Committee of the Administrative
Building Council of Indiana, in accordance with provisions of I.C.
22‑11‑1‑21.5.
(`83 Code,
§ 150.07)
(Ord. 1977‑41, passed 1‑30‑78)
§ 150.08
STOP ORDERS.
Whenever any work is being done in violation of the provisions of
this chapter, or in variance with the terms of any permit issued
for such work, the Building Commissioner may order all work on the
job stopped until such violations or variance is eliminated and
any work or installation made in violation of this chapter is
corrected. Such stop order, if oral, shall be followed by a
written stop order within 35 hours excluding Saturday, Sunday or
holidays. It shall be unlawful to do or perform any work in
violation of such stop order except as may be necessary to prevent
injury or damage to persons or property, or to correct such
violation or variance. Such stop order may be revoked by the
Building Commissioner.
(`83 Code,
§ 150.08)
(Ord. 1977‑41, passed 1‑30‑78) Penalty, see
§ 10.99
§ 150.09
UNSAFE BUILDINGS; ENFORCEMENT OF BUILDING STANDARDS.
(A) Adoption of state law; application. The provisions
of I.C. 36‑7‑9‑1 et seq. (the Act), concerning the enforcement of
building standards, is hereby adopted in their entirety, and as
they may be subsequently amended, and are made a part hereof by
reference the same as if fully set out herein. As so adopted, the
Act shall apply and be enforceable in the unincorporated area of
the county.
(B) Definitions. For the purpose of this chapter and the
Act, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
DEPARTMENT.
The Howard County Plan Commission shall be the executive
department authorized by this section to administer the provisions
of the Act.
ENFORCEMENT AUTHORITY.
The enforcement authority shall be the Executive Director
of the Howard
County Plan Commission, the designated department.
HEARING AUTHORITY.
That person or persons designated as such by the Board of County
Commissioners under the authority of I.C. 36‑7‑9‑2. The hearing
authority shall perform those functions specified by the Act.
SUBSTANTIAL PROPERTY INTEREST.
As set out in I.C. 36‑7‑9‑2, the term is hereby specifically
incorporated by reference into this section as if fully set out
herein.
UNSAFE BUILDING.
The description for the term contained in I.C. 36‑7‑9‑4 is hereby
supplemented to provide minimum standards for building condition
or maintenance in the county by adding the following definition:
Any building or structure which has any or all of the conditions
or defects hereinafter described shall be deemed to be an
UNSAFE BUILDING; provided, that such conditions or defects
exist to the extent that life, health, property or safety of the
public or its occupants are endangered.
(1) Whenever any building or structure has been constructed,
exists or is maintained in violation of any specific requirement
or prohibition applicable to such building or structure provided
by the building regulations of the county, or of any law of the
state or ordinance of the county relating to the conditions,
location or structure of buildings.
(2) Whenever any portion of a building or structure remains on a
site after the demolition or destruction of the building or
structure or whenever any building or structure is abandoned for a
period in excess of six months so as to constitute such building
or portion thereof an attractive nuisance or hazard to the public.
(C) Designation of executive department. Pursuant to I.C.
36‑7‑9‑3, and consistent with the definitions contained in
division (B), the County Plan Commission is hereby designated as
the executive department of the county responsible for the
administration of this section.
(BCC Ord.
1996‑41, passed 8‑19‑96) Penalty, see
§ 10.99
