Hartford City City Zoning Code
CHAPTER 151
CONSTRUCTION AND BUILDING CODE
§ 151.01 SCOPE.
(A) All construction shall be accomplished in compliance with the provisions of this chapter and the Building Code.
(B) Pursuant to I.C. 22-13-2-6, the Building Code shall not apply to industrialized building systems or mobile home structures certified under I.C. 22-15-4; however, the provisions of the Building Code and the rules promulgated by the Fire Prevention and Building Safety Commission do apply to any construction related to an industrialized building system or mobile structure not certified under I.C. 22-15-4.
(C) Pursuant to I.C. 22-13-2-9, the Building Code is not applicable to regulated amusement devices, regulated boilers, regulated pressure vessels or regulated lifting devices.
(Prior Code, § 15.12.020) (Ord. 2003-01, passed 3-3-2003)
§ 151.02 AUTHORITY.
The Building Commissioner is or Building Commissioners are hereby authorized and directed to administer and enforce the following:
(A) All provisions of the Building Code;
(B) Variances granted in accordance with I.C. 22-13-2-11; and
(C) Orders issued under I.C. 22-12-7.
(Prior Code, § 15.12.030) (Ord. 2003-01, passed 3-3-2003)
§ 151.03 DEFINITIONS.
For the purpose of this chapter, the following definitions apply unless the context clearly requires a different meaning.
BUILDING COMMISSIONER. An individual or individuals employed by the city and authorized to represent the city in enforcement of the Building Code and act as BUILDING COMMISSIONER.
CLASS 1 STRUCTURE. Any part of the following:
(1) A building or structure which is intended to be or is occupied or is otherwise used in any part by any of the following:
(a) The public;
(b) Three or more tenants;
(c) One or more persons who act as the employee of another; this does not include a Class 2 structure or a vehicular bridge but does include a swimming pool pursuant to the provisions of I.C. 22-12-1-24; and
(d) A site improvement affecting access by persons with physical disabilities to a building or structure described in this division (1) above, except for buildings or structures described in divisions (2) and (3) below.
(2) The Code applies to a structure which contains three or more condominium units, as defined in I.C. 32-25-2-9, or other units which:
(a) Are intended to be or are used or leased by the owner of the unit; and
(b) Are not completely separated from each other by an unimproved space.
(3) The Code does not include a building or structure which:
(a) Is not used for retail trade or is a stand used for retail sales of farm produce for eight or fewer consecutive months per calendar year; or
(b) Is intended to be or is used only for an agricultural purpose on the land where it is located.
(I.C. 22-12-1-4)
CLASS 2 STRUCTURE. Any part of the following, including a swimming pool, but not including a vehicular bridge:
(1) A building or structure which is intended to contain or contains only one dwelling unit or two dwelling units, unless any part of the building or structure is regularly used as a Class 1 structure; and
(2) An outbuilding for a structure described heretofore herein, such as a garage, barn or family swimming pool, unless any part of the outbuilding is regularly used as a Class 1 structure.
(I.C. 22-12-1-5)
CONSTRUCTION. Any of the following:
(1) The fabrication of any part of an industrialized building system or mobile structure for use on another site;
(2) The erection or assembly of any part of a Class 1 or Class 2 structure at the site where it will
be used;
(3) The installation of any part of the permanent heating, ventilating, air conditioning, electrical, plumbing, sanitary, emergency detection, emergency communication or fire or explosion suppression systems for a Class 1 or Class 2 structure at the site where it will be used;
(4) Work undertaken to alter, remodel, rehabilitate or add to any part of a Class 1 or Class 2 structure; or
(5) Work undertaken to relocate any part of a Class 1 or Class 2 structure, except for a mobile structure.
(I.C. 22-12-1-7)
INDUSTRIALIZED BUILDING SYSTEM. Any part of a building or other structure which is in a substantial part fabricated in an offsite manufacturing facility for installation or assembly at the building site as part of a Class 1 or Class 2 structure or another building or structure. However, the term does not include a mobile structure or a system which is capable of inspection at the building site.
(I.C. 22-12-1-14)
MANUFACTURED HOME. The term has the meaning set forth in 42 U.S.C. § 5402 as it existed on January 1, 1984. This definition is as follows: MANUFACTURED HOME means a structure transportable in one or more sections which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein, except that the term shall include any structure which meets all of the requirements of this definition except for the size requirements of this definition, and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under 42 U.S.C. § 5402.
(I.C. 22-12-1-16)
MOBILE STRUCTURE.
(1) Any part of a fabricated unit which is designed to be:
(a) Towed on its own chassis; and
(b) Connected to utilities for year- round occupancy or use as a Class 1 structure, Class 2 structure or another structure.
(2) The term includes the following:
(a) Two or more components which can be retracted for towing purposes and subsequently expanded for additional capacity; or
(b) Two or more units which are separately towable but designed to be joined into one
integral unit.
(I.C. 22-12-1-17)
PERSON. An individual, corporation, limited liability company, partnership, unincorporated association or governmental entity.
(I.C. 22-12-1-18)
STRUCTURE. Both Class 1 and Class 2 structures, unless specifically stated otherwise.
VEHICULAR BRIDGE. Any bridge suspended between two or more parts of a building, or between two or more buildings, which is neither of the following:
(1) A pedestrian walkway; or
(2) A passageway for light vehicles.
(I.C. 22-12-1-26)
(Prior Code, § 15.12.010) (Ord. 2003-01, passed 3-3-2003)
§ 151.04 MINIMUM CONSTRUCTION STANDARDS.
(A) Pursuant to I.C. 22-13-2-3(b), the rules of the State Fire Prevention and Building Safety Commission as set out in the following articles of 675 I.A.C. are hereby incorporated by reference in this chapter and shall include any later amendments to those rules:
(1) Article 13, Building Codes:
(a) State Building Code; and
(b) Fire and Building Safety Standards.
(2) Article 14, State Residential Code;
(3) Article 16, State Plumbing Code;
(4) Article 17, State Electrical Code;
(5) Article 18, State Mechanical Code;
(6) Article 19, State Energy Conservation Code;
(7) Article 20, State Swimming Pool Code; and
(8) Article 22, State Fire Code.
(B) Two copies of the building rules incorporated by reference in division (A) above are on file in the Clerk-Treasurer’s office for public inspection as required by I.C. 36-1-5-4.
(C) The Building Commissioner and the Fire Prevention and Building Safety Commission may grant a variance to the fire safety laws and building laws established in this chapter. Pursuant to I.C. 22-13-2-7(b), a variance granted by the Building Commissioner is not effective until it has been approved by the Fire Prevention and Building Safety Commission.
(Prior Code, § 15.12.410) (Ord. 2003-01, passed 3-3-2003)
§ 151.15 REQUIRED PERMITS.
Construction is prohibited unless in conformity with a valid building permit or permits obtained from the Building Commissioner prior to the commencement of construction.
(Prior Code, § 15.12.100) (Ord. 2003-01, passed 3-3-2003) Penalty, see § 151.99
§ 151.16 PERMIT APPLICATION.
(A) Any person required to have a building permit shall submit and complete an application to the Building Commissioner, which application shall be submitted on a form prepared by the Building Commissioner and contain the following:
(1) Information which the Building Commissioner determines to be necessary to locate and contact the applicant;
(2) A clear and understandable copy of detailed plans and specifications, drawn to scale, which indicate in a precise manner the nature and location of all work to be done;
(3) A plot plan drawn to scale. This plot plan shall reflect the location of the structure in relation to existing property lines and show streets, curbs and sidewalks and proposed changes or additions to the streets, curbs and sidewalks;
(4) If required by state law or any rule of the Fire Prevention and Building Safety Commission, a copy of a design release for the work to be done which has been issued by the State Building Commissioner and State Fire Marshal, pursuant to I.C. 22-15-3;
(5) Any additional information which the Building Commissioner finds to be necessary to determine that the construction will conform to all applicable building laws and will not violate any other applicable ordinances or laws; and
(6) The fee established by the legislative body, the Common Council.
(B) An application for a building permit shall be made by the person entitled to obtain the permit or by an employee or agent of said person. The Building Commissioner may require that the employee or agent provide written authority to apply for a permit.
(Prior Code, § 15.12.110) (Ord. 2003-01, passed 3-3-2003)
§ 151.17 PERMIT ISSUANCE.
The Building Commissioner shall issue a building permit to a person after said person has submitted a complete application, including any applicable fee, provided that the proposed construction will conform to all applicable building laws and will not violate any other applicable ordinances or laws.
(Prior Code, § 15.12.120) (Ord. 2003-01, passed 3-3-2003)
§ 151.18 WITHHOLDING PERMIT ISSUANCE.
(A) Whenever a person who is either an applicant for a building permit or an obtainer of a building permit owes fees to the Building Commissioner, the Building Commissioner may withhold the issuance of subsequently-requested permits until the time the debt is satisfied.
(B) Whenever a person applies for a building permit for a structure which is not being used or constructed in conformance with applicable provisions of an applicable zoning ordinance or other ordinance related to land use, the Building Commissioner is authorized to withhold the issuance of requested permits until the time the property is brought into conformance with applicable ordinances.
(Prior Code, § 15.12.310) (Ord. 2003-01, passed 3-3-2003) Penalty, see § 151.99
§ 151.19 PERMIT REVOCATION.
The Building Commissioner may revoke a building permit when any of the following are applicable.
(A) The application, supporting documents or plans contain a false statement or misrepresentation of material facts.
(B) The application, supporting documents or plans reflect a lack of compliance with building standards and procedures.
(C) There is failure to comply with the Building Code.
(D) The structure for which the building permit has been issued is not being used or constructed in conformance with an applicable zoning ordinance or other ordinance related to land use.
(Prior Code, § 15.12.320) (Ord. 2003-01, passed 3-3-2003) Penalty, see § 151.99
§ 151.20 CERTIFICATE OF OCCUPANCY.
(A) No certificate of occupancy for any building or structure shall be issued unless the building or structure was constructed in compliance with the provisions of this chapter.
(B) It shall be unlawful to occupy any building or structure unless a full, partial or temporary certificate of occupancy has been issued by the Building Commissioner.
(Prior Code, § 15.12.130) (Ord. 2003-01, passed 3-3-2003) Penalty, see § 151.99
§ 151.35 SITE INSPECTIONS AND INVESTIGATIONS.
(A) Inspections by Building Commissioner.
(1) All construction shall be subject to periodic inspections by the Building Commissioner irrespective of whether a building permit has been or is required to be obtained.
(2) The Building Commissioner may, at any reasonable time, go in, upon, around or about the premises where any structure subject to the provisions of this chapter and the Building Code or the rules of the Fire Prevention and Building Safety Commission is located for the purpose of inspecting and investigating the structure. The inspection and investigation may be made before or after construction of the project is completed for the purpose of determining whether the structure meets building standards and procedures and ascertaining whether the construction and procedures have been accomplished in a manner consistent with this chapter and the Building Code and with the rules of the Fire Prevention and Building Safety Commission.
(Prior Code, § 15.12.210)
(B) Inspections by Fire Department.
(1) The Fire Department has independent authority to conduct inspections and take enforcement actions under I.C. 36-8-17.
(2) The Building Commissioner and the Fire Department shall work cooperatively to conduct inspections and investigations to promote compliance with fire safety laws.
(Prior Code, § 15.12.220)
(Ord. 2003-01, passed 3-3-2003)
§ 151.36 STOP-WORK ORDERS.
(A) The Building Commissioner may issue a stop-work order, an order requiring suspension of the pertinent construction, in accordance with this section.
(B) A stop-work order shall:
(1) Be in writing;
(2) State with specificity the construction to which it is applicable and the reason for its issuance;
(3) Be posted on the property in a conspicuous place;
(4) If practicable, be given to:
(a) The person doing the construction; and
(b) The owner of the property or the owner’s agent.
(5) The stop-work order shall state the conditions under which construction may be resumed.
(C) The Building Commissioner may issue a stop-work order if:
(1) Construction is proceeding in an unsafe manner, including, but not limited to, in violation of any standard set forth in the Building Code or any state law pertaining to safety during construction;
(2) Construction is occurring in violation of the Building Code or in a manner whereby if construction is allowed to proceed, then there is a reasonable probability that it will be substantially difficult to correct the violation; or
(3) Construction for which a building permit is required is proceeding without a building permit being in force.
(D) The issuance of a stop-work order shall in no way limit the operation of penalties provided elsewhere in the Building Code.
(Prior Code, § 15.12.330) (Ord. 2003-01, passed 3-3-2003) Penalty, see § 151.99
§ 151.37 RIGHT TO APPEAL.
(A) Any person aggrieved by an order issued under this chapter shall have the right to petition for review of any order of the Building Commissioner.
(B) A person shall file a petition using either, or both, of the following procedures.
(1) Appeal to the Fire Prevention and Building Safety Commission.
(a) A person aggrieved by an order issued under the Building Code may submit a petition for review to the Fire Prevention and Building Safety Commission in accordance with I.C. 22-13-2-7.
(b) The Commission may modify or reverse any order which covers a subject governed by I.C. 22-12, I.C. 22-13, I.C. 22-14, I.C. 22-15, a fire safety rule or a building rule.
(c) The Fire Prevention and Building Safety Commission must review orders which concern a Class 2 structure within 30 days after issuance of the order if the person aggrieved by the order petitions for review under I.C. 4-21.5-3-7.
(d) The Fire Prevention and Building Safety Commission must review all other orders issued under this chapter which cover a subject governed by I.C. 22-12, I.C. 22-13, I.C. 22-14, I.C. 22-15, a fire safety rule or a building rule.
(e) The review of an order by the Fire Prevention and Building Safety Commission does not suspend the running of the time period in which a person must petition a court for judicial review under any statute.
(2) Appeal to an established local administrative body or court.
(a) Pursuant to I.C. 36-1-6-9, the city has established that a person aggrieved by an order may petition first for a hearing before the Director of Redevelopment and Environmental Affairs, and upon failing to get satisfaction or being not in agreement with the finding by the Director, to the Board of Public Works and Safety, which shall hold a hearing on the merits of the appeal at its next regular meeting following the finding of the Director which was not accepted by the aggrieved party.
(b) The administrative remedy existing appeal for judicial review is not allowed.
(Prior Code, § 15.12.360) (Ord. 2003-01, passed 3-3-2003)
§ 151.50 LIFTING DEVICES IN PRIVATE RESIDENCES.
(A) Pursuant to I.C. 22-12-1-22(b)(12), lifting devices such as elevators and wheelchair lifts which are located within a private residence are not regulated lifting devices.
(B) Therefore, the following standards applicable to lifting devices located within a private residence are incorporated by reference:
(1) Part 5.3, Private Residence Elevators, ANSI/ASME A17.1-2000, Safety Code for Elevators and Escalators, published by the American Society of Mechanical Engineers, Three Park Avenue, New York, New York 10016;
(2) Part 5.4, Private Residence Inclined Elevators and Escalators, ANSI/ASME A17.1-2000, Safety Code for Elevators and Escalators, published by the American Society of Mechanical Engineers, Three Park Avenue, New York, New York 10016;
(3) Section 5, Private Residence Vertical Platform Lifts, ASME A18.1 a-2001, addenda to ASME 18.1-1999, Safety Standard for Platform and Stairway Chair Lifts, published by the American Society of Mechanical Engineers, Three Park Avenue, New York, New York 10016;
(4) Section 6, Private Residence Inclined Platform Lifts, ASME A18.1 a-2001, addenda to ASME 18.1-1999, Safety Standard for Platform and Stairway Chair Lifts, published by the American Society of Mechanical Engineers, Three Park Avenue, New York, New York 10016; and
(5) Section 7, Private Residence Inclined Platform Lifts, ASME A18.1 a-2001, addenda to ASME 18.1-1999, Safety Standard for Platform and Stairway Chair Lifts, published by the American Society of Mechanical Engineers, Three Park Avenue, New York, New York 10016.
(C) Two copies of the lifting device standards in division (B) above herein incorporated by reference are on file in the office of the Clerk-Treasurer for public inspection as required by I.C. 36-1-5-4.
(Prior Code, § 15.12.510) Penalty, see § 151.99
§ 151.51 MOVING BUILDINGS OR HOUSES.
(A) Restriction. It shall be unlawful for any person, persons, firm or corporation to move or cause to be moved any house, barn, building or other structure over or upon any street or streets within the city unless and until a permit to do so shall first have been issued as hereinafter provided.
(Prior Code, § 8.28.010)
(B) Application to move a building.
(1) Any person, persons, firm or corporation desiring to move any house, barn, building or other structure over or upon any street or streets in the city shall make an application in writing to the Board of Public Works and Safety for a permit to do so.
(2) The application shall state the origin and termination of the proposed moving and the street or streets over which it is proposed to do the moving, and shall state the height, width, length and approximate weight of the house, barn, building or other structure.
(Prior Code, § 8.28.020)
(C) Permit issuance.
(1) The Board of Public Works and Safety shall, as soon as practicable thereafter, consider the application for permit and grant or deny the same. In the event the Board grants the application, the Board shall order the City Clerk-Treasurer to issue a permit authorizing the moving, but only over and upon the street or streets within the city as the Board shall specifically authorize in the permit.
(2) No permit shall be issued by the Board unless and until the applicant shall first have posted a bond in a penal sum of not less than $1,000, either in cash or with sureties, to be approved by the Board. The bond shall be payable unto the city and shall guarantee that the applicant will thereby indemnify the city and all other persons, firms or corporations from any and all loss or liability resulting from or rising out of the performance of the moving, and specifically further conditioned for the repair of all damages to any street or streets resulting from the moving, and conditioned further to pay for all damages to any tree or trees which may be injured or damaged by the moving.
(3) No permit shall be issued except after payment by the applicant unto the City Clerk- Treasurer of a permit of $25 for each day or fraction thereof during which the moving shall continue.
(Prior Code, § 8.28.030)
(D) Exemptions.
(1) The provisions of this section shall not apply to the moving of any building or structure moved or about to be moved upon any vehicle licensed by the state, and which building or structure, when loaded on the vehicle, shall not exceed 14 feet in height nor 14 feet in width.
(2) Likewise, the provisions of this section shall not apply to any person, persons, firm or corporation moving a house, barn, building or other structure over or upon any state highway when special permission to do so has previously been issued by the State Highway Commission.
(Prior Code, § 8.28.040)
Penalty, see § 151.99
§ 151.99 PENALTY.
(A) General penalty. Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) Civil action. Pursuant to I.C. 36-1-6-4, the city may initiate a civil action in a court of competent jurisdiction to restrain any person from violating a provision of the Building Code, except as addressed in division (D) below.
(Prior Code, § 15.12.340)
(C) Monetary penalty. Any person violating any provision of the Building Code, except as addressed in division (D) below, may be subject to a fine in any sum not exceeding $2,500. The assessment of a monetary penalty shall in no way limit the operation of the penalties provided elsewhere in the Building Code. Penalties may be assessed by the Building Commissioner.
(Prior Code, § 15.12.350)
(D) Moving buildings or houses. Any person, persons, firm or corporation which shall violate any provision of § 151.51 of this chapter shall be guilty of a misdemeanor, and upon conviction, shall be fined in any sum not exceeding $100. Each and every day upon which any person, persons, firm or corporation shall violate any provision of § 151.51 of this chapter shall constitute a separate offense.
(Prior Code, § 8.28.050)
(Ord. 2003-01, passed 3-3-2003)