Lawrence City Zoning Code
ARTICLE 1
BUILDING REGULATIONS
§ 2-1-1-1. TITLE.
These provisions shall be known as the Building Standards and Procedures of the City of Lawrence and shall be cited as such and will be referred to herein as "this code".
(Am. Ord. 15, 2020, passed 12-7-2020)
§ 2-1-1-2. PURPOSE.
The purpose of this code is to establish minimum requirements to safeguard the public safety, health and general welfare through affordability, structural strength, mean of egress facilities, stability, sanitation, light and ventilation, energy conservation and safety to life and property from fire and other hazards attributed to the built environment, and to provide safety to fire fighters and emergency responders during emergency operations.
(Am. Ord. 15, 2020, passed 12-7-2020)
§ 2-1-1-3. SCOPE.
The provisions of this code shall regulate the erection, construction, alteration, movement, enlargement, replacement, repair, conversion, maintenance, electrical, plumbing, heating, ventilating and air conditioning, equipment, use and occupancy, location, removal and demolition of all buildings and structures in the City.
(Am. Ord. 15, 2020, passed 12-7-2020)
§ 2-1-1-4. DEFINITIONS.
All definitions within this code are as defined by the current Indiana Building Code.
(Ord. 15, 2020, passed 12-7-2020)
§ 2-1-1-5. ADOPTION OF STANDARDS BY REFERENCE.
(A) All the rules and regulations of the Indiana Department of Fire and Building Services are hereby adopted and made a part of this code of ordinances as if fully set out herein, all as provided by state law under 675 I.A.C. 12.
(B) The most current edition of the following documents as amended from time to time are adopted and are part of the City of Lawrence Code and hereby included by reference:
(1) Article 13 - Building Codes:
(a) Fire and Building Safety Standards;
(b) Indiana Building Code;
(c) Indiana Building Code Standards; and
(d) Indiana Handicapped Accessibility Code.
(2) Article 14 - One and Two Family Dwelling Codes: International Residential Code (IRC) and the State of Indiana amendments.
(3) Article 16 - Plumbing Codes: Indiana Plumbing Code.
(4) Article 17 - Electrical Codes: Indiana Electrical Code.
(5) Article 18 - Mechanical Codes: Indiana Mechanical Code.
(6) Article 19 - Energy Conservation Code: Indiana Energy Conservation Code.
(7) Article 20 - Swimming Pool Codes: Indiana Swimming Pool Code.
(C) Copies of this Building Code and rules, standards and codes adopted herein by reference are on file as required by law in the office of the City Clerk.
(Am. Ord. 15, 2020, passed 12-7-2020)
§ 2-1-1-6. APPLICABILITY.
(A) General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern.
(B) Other laws. The provisions of this code shall not be deemed to nullify any provision of local, state or federal law.
(C) Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code.
(1) Exception. Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and manufacturer's instructions shall apply.
(2) Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards the provisions of this code shall apply.
(3) Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced code or standard.
(E) Appendices. Provisions in the appendices shall not apply unless specifically referenced in the adopting ordinance.
(F) Partial invalidity. In the event any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.
(G) Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code or the Indiana Fire Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public.
(H) Additions, alterations or repairs. Additions, alterations or repairs to any structure shall conform to the requirements for a new structure without requiring the existing structure to comply with the requirements of this code, unless otherwise stated. Additions, alterations, repair and relocations shall not cause an existing structure to become unsafe or adversely affect the performance of the building.
(Ord. 15, 2020, passed 12-7-2020)
§ 2-1-1-7. DEPARTMENT OF BUILDING SERVICES.
(A) Creation of enforcement agency. The Department of Building Services is hereby created and the official in charge thereof shall be known as the Building Commissioner.
(B) Appointment. The Building Commissioner shall be appointed by the jurisdiction.
(C) Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the Building Commissioner shall have the authority to appoint a Deputy Building Commissioner, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have the powers as delegated by the Building Commissioner.
(Ord. 15, 2020, passed 12-7-2020)
§ 2-1-1-8. DUTIES AND POWERS OF THE BUILDING COMMISSIONER.
(A) General. The Building Commissioner is hereby authorized and directed to enforce the provisions of this code. The Building Commissioner shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code.
(B) Applications and permits. The Building Commissioner shall receive applications, review construction documents and issue permits for the erection and alteration of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code.
(C) Notices and orders. The Building Commissioner shall issue notices or orders to ensure compliance with this code.
(D) Inspections. The Building Commissioner shall make the required inspections, or the Building Commissioner shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Building Commissioner is authorized to engage such expert opinion as deemed necessary to report on unusual technical issues that arise, subject to the approval of the Board of Public Works and Safety.
(E) Identification. The Building Commissioner shall carry proper identification when inspecting structures or premises in the performance of duties under this code.
(F) Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the Building Commissioner has reasonable cause to believe that there exists in a structure or upon a premises a condition that is contrary to or in violation of this code that makes the structure or premises unsafe, dangerous or hazardous, the Building Commissioner or designee is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises is occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the Building Commissioner shall first make a reasonable effort to locate the owner, the owner's authorized agent, or other person having charge or control of the structure or premises and request entry. If entry is refused, the Building Commissioner shall have recourse to the remedies provided by law to secure entry.
(G) Department records. The Building Commissioner shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for the retention of public records.
(H) Liability. The Building Commissioner, member of the Board of Public Works and Safety or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered civilly or criminally liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties.
(I) Legal defense. Any suit or criminal complaint instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by legal representatives of the jurisdiction until the final termination of the proceedings. The Building Commissioner or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code.
(J) Approved materials and equipment. Materials, equipment and devices approved by the Building Commissioner shall be constructed and installed in accordance with such approval. Used materials, equipment and devices shall not be reused unless approved by the Building Commissioner.
(K) Modifications. Where there are practical difficulties involved in carrying out the provisions of this code, the Building Commissioner shall have the authority to grant modifications for individual cases, provided the Building Commissioner shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the Department of Building Services.
(L) Alternative materials, design and method of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code. The Building Commissioner shall have the authority to approve an alternative material, design or method of construction upon application of the owner or the owner's authorized agent. The Building Commissioner shall first find that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Compliance with the specific performance-based provisions of the international, state and local codes shall be an alternative to the specific requirements of this code. Where the alternative material, design or method of construction is not approved, the Building Commissioner shall respond in writing, stating the reasons why the alternative was not approved.
(M) Tests. Where there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the Building Commissioner shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the Building Commissioner shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the Building Commissioner for the period required for retention of public records. Any variances from adopted building rules are subject to approval under I.C. 22-13-2-7(b).
(Ord. 15, 2020, passed 12-7-2020)
§ 2-1-1-9. PERMITS.
(A) Required. Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the Building Commissioner and obtain the required permit.
(B) Work exempt from permit. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:
(1) Building.
(a) One-story detached accessory structures, provided that the floor area does not exceed 200 square feet.
(b) Fences not over six feet high.
(c) Retaining walls that are not over four feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.
(d) Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2 to 1.
(e) On grade patios, sidewalks and driveways on private property.
(f) Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
(g) Prefabricated swimming pools that are less than 18 inches deep or less than 15 feet in diameter.
(h) Swings and other playground equipment.
(i) Window awnings supported by an exterior wall that do not project more than 54 inches
from the exterior wall and do not require additional support.
(j) Decks not exceeding 200 square feet in area, that are not more than 30 inches above grade at any point, are not attached to a dwelling and do not serve the exit door required by Indiana Code.
(k) Re-roofing when
1. Only composition shingles are being replaced or a second layer of composition shingles is being added.
2. 25% or less of the decking is being replaced.
3. There is no change in roof configuration or total or partial reconstruction of the roof including rafters, decking shingles and the like after a natural disaster.
4. There is no change in type of roof covering (e.g., tile roofing replacing asphalt shingles) that would increase the dead load on the structure.
5. There is no installation of heat-applied roofing material.
(l) Replacement of siding.
(m) Replacement of windows or doors when the existing window or door opening is not being increased in size.
(2) Electrical.
(a) Listed cord-and-plug connected temporary decorative lighting.
(b) Reinstallation of attachment plug receptacles but not the outlets therefor.
(c) Replacement of branch circuit overcurrent devices of the required capacity in the same location.
(d) Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy.
(e) Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.
(3) Gas.
(a) Portable heating, cooking or clothes drying appliances.
(b) Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
(c) Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
(4) Mechanical.
(a) Portable heating appliances.
(b) Portable ventilation appliances.
(c) Portable cooling units.
(d) Steam, hot- or chilled-water piping within any heating or cooling equipment regulated by this code.
(e) Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
(f) Portable evaporative coolers.
(g) Self-contained refrigeration systems containing ten pounds or less of refrigerant or that are actuated by motors of one horsepower or less.
(h) Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
(5) Plumbing.
(a) Repairs to stop leaks in pipes, valves or fixtures including replacement of any fixtures, concealed trap, drainpipe, or vent pipe.
(b) Emergency clearing of stoppages, and the removal and reinstallation of water closets, provided such repairs do not involve or require the relocation of such valves, pipes or fixtures.
(6) HVAC equipment repairs and replacements that do not involve upgrade of the equipment.
(7) Permits shall not be required for ordinary repairs to structure, replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration or, replacement or relocation of any water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
(8) Public service agencies. A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution, metering or other related equipment that is under the ownership and control of public service agencies by established right.
(C) Application for permit. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the Department of Building Services for that purpose. Such application shall:
(1) Identify and describe the work to be covered by the permit for which application is made.
(2) Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.
(3) Indicate the use and occupancy for which the proposed work is intended.
(4) Be accompanied by construction documents and other information as required in § 2-1-1-10(A).
(5) State the valuation of the proposed work.
(6) Be signed by the applicant or the applicant's authorized agent.
(7) Give such other data and information as required by the Building Commissioner.
(D) Action on application. The Building Commissioner shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the Building Commissioner shall reject such application in writing stating the reasons therefor. If the Building Commissioner is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the Building Commissioner shall issue a permit therefor as soon as practicable.
(E) Time limitation of application. An application for permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing unless such application has been pursued in good faith or a permit has been issued; except that the Building Commissioner is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
(F) Validity of permit. The issuance or granting of a permit shall not be construed to be a permit for, and an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or any other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the Building Commissioner from requiring the correction of errors in the construction documents and other data. The Building Commissioner is authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction.
(G) Expiration. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance or after commencement of work if more than 180 days pass between inspections. The Building Commissioner is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
(H) Suspension or revocation. The Building Commissioner is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code.
(I) Placement of permit. The building permit or a copy shall be kept on the site of the work until the completion of the project.
(J) Responsibility. It shall be the duty of every person who performs work for the installation or repair of building, structure, electrical, gas, mechanical or plumbing systems, for which this code is applicable, to comply with this code.
(K) Preliminary inspection. Before issuing a permit, the Building Commissioner is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed.
(Ord. 15, 2020, passed 12-7-2020)
§ 2-1-1-10. CONSTRUCTION DOCUMENTS.
(A) Submittal documents. Submittal documents consisting of construction documents, and other data shall be submitted in two or more sets with each application for a permit. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the Building Commissioner is authorized to require additional construction documents to be prepared by a registered design professional.
(1) Exception. The Building Commissioner is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that reviewing of construction documents is not necessary to obtain compliance with this code.
(2) Information on construction documents. Construction documents shall be drawn upon suitable material. Electronic media documents are permitted to be submitted where approved by the Building Commissioner. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the Building Commissioner.
(3) Manufacturer's installation instructions. Manufacturer's installation instructions, as required by this code, shall be available on the job site at the time of inspection.
(4) Information on braced wall designs. For buildings and structures utilizing braced wall design, and where required by the Building Commissioner, braced wall lines shall be identified on the construction documents. Pertinent information including, but not limited to, bracing methods, location and length of braced wall panels and foundation requirements of braced wall panels at top and bottom shall be provided.
(5) Information for construction in flood hazard areas. For building and structures located in whole or in part in flood hazard areas as established by Indiana Code, construction documents shall include:
(a) Delineation of flood hazard areas, floodway boundaries and flood zones and the design flood elevation, as appropriate.
(b) The elevation of the proposed lowest floor, including basement; in areas of shallow flooding (AO Zones), the height of the proposed lowest floor, including basement, above the highest adjacent grade.
(c) The elevation of the bottom of the lowest horizontal structural member in coastal high-hazard area (V Zone) and in coastal A Zones where such zones are delineated on flood hazard maps identified in Indiana Code or otherwise delineated by the jurisdiction.
(d) If design flood elevations are not included on the community's Flood Insurance Rate Map (FIRM), the Building Commissioner and the applicant shall obtain and reasonably utilize any design flood elevation and floodway data available from other sources.
(6) Site plan or plot plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing the size and location of new construction and existing structures on the site and distances from lot lines. In the case of demolition, the site plans shall show construction to be demolished and the location and size of existing structure and construction that are to remain on the site or plot. The Building Commissioner is authorized to waive or modify the requirement for a site plan where the application for permit is for alteration or repair or where otherwise warranted.
(B) Examination of documents. The Building Commissioner shall examine or cause to be examined construction documents for code compliance.
(1) Approval of construction documents. Where the Building Commissioner issues a permit, the construction documents shall be approved in writing or by a stamp that states "reviewed for code compliance." One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the Building Commissioner or a duly authorized representative.
(2) Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned.
(3) Phased approval. The Building Commissioner is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted.
(C) Amended construction documents. Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an emended set of construction documents.
(D) Retention of construction documents. One set of approved construction documents shall be retained by the building official for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local laws.
(Ord. 15, 2020, passed 12-7-2020)
§ 2-1-1-11. TEMPORARY STRUCTURES AND USES.
(A) General. The Building Commissioner is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of services, but shall not be permitted for more than 180 days. The Building Commissioner is authorized to grant extensions for demonstrated causes.
(B) Conformance. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, light, ventilation and sanitary requirements of this code as necessary to ensure the public health, safety and general welfare.
(C) Temporary power. The Building Commissioner is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in NFPA 70.
(D) Termination of approval. The Building Commissioner is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued.
(Ord. 15, 2020, passed 12-7-2020)
§ 2-1-1-12. INSPECTIONS.
(A) Types of inspections. For on-site construction, from time to time the Building Commissioner, upon notification from the permit holder or his or her agent, shall make or cause to be made any necessary inspections and shall either approve that portion of the construction as completed or shall notify the permit holder or his or her agent wherein the same fails to comply with this code.
(1) Foundation inspection. Inspection of the foundation shall be made after poles or piers are set or trenches or basement areas are excavated and any required forms erected and any required reinforcing steel is in place and supported prior to the placing of concrete. The foundation inspection shall include excavations for thickened slabs intended for the support of bearing walls, partitions, structural supports, or equipment and special requirements for wood foundations.
(2) Plumbing, mechanical, gas and electrical systems inspection. Rough inspection of plumbing, mechanical, gas and electrical systems shall be made prior to covering or concealment, before fixtures or appliances are set or installed, and prior to framing inspection.
(a) Exception. Backfilling of ground-source heat pump loop systems tested in accordance with Indiana Code prior to inspection shall be permitted.
(3) Frame and masonry inspection. Inspection of framing and masonry construction shall be made after the roof, masonry, framing, firestopping, draftstopping and bracing are in place and after the plumbing, mechanical and electrical rough inspections are approved.
(4) Other inspections. In addition to inspections outlined in this section, the Building Commissioner shall have the authority to make or require any other inspections to ascertain compliance with this code and other laws enforced by the Building Commissioner.
(5) Final inspection. Final inspection shall be made after the permitted work is complete and prior to occupancy.
(a) Elevation documentation. If located in a flood hazard area, the documentation of elevations required in Indiana Code shall be submitted to the Building Commissioner prior to the final inspection.
(B) Inspection agencies. The Building Commissioner is authorized to accept reports of approved agencies, provided such agencies satisfy the requirements as to qualifications and reliability.
(C) Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the Building Commissioner. The Building Commissioner, upon notification, shall make the requested inspection and shall either indicate the portion of the construction is satisfactory as completed, or shall notify the permit holder or an agent of the permit holder wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the Building Commissioner.
(Ord. 15, 2020, passed 12-7-2020)
§ 2-1-1-13. CERTIFICATE OF OCCUPANCY.
(A) Use and occupancy. A building or structure shall not be used or occupied, and a change of occupancy or change of use of a building or structure or portion thereof shall not be made, until the Building Commissioner has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid.
(1) Exceptions.
(a) Certificates of occupancy are not required for work exempt from permits under § 2-1-1-9(B).
(b) Accessory building or structures.
(B) Change in use. Changes in the character or use of an existing structure shall not be made except as specified in Indiana Code.
(C) Certificate issued. After the Building Commissioner inspects the building or structure and does not find violations of the provisions of this code or other laws that are enforced by the department of building safety, the Building Commissioner shall issue a certificate of occupancy containing the following:
(1) The building permit number.
(2) The address of the structure.
(3) The name and address of the owner or owner's authorized agent.
(4) A description of that portion of the structure for which the certificate is issued.
(5) A statement that the described portion of the structure has been inspected for compliance with the requirements of this code.
(6) The name of the building official.
(7) The edition of the code under which the permit was issued.
(8) If an automatic sprinkler system is provided and whether the sprinkler system is required.
(9) Any special stipulations and conditions of the building permit.
(D) Temporary occupancy. The Building Commissioner is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The Building Commissioner shall set a time period during which the temporary certificate of occupancy is valid.
(E) Revocation. The Building Commissioner shall, in writing, suspend or revoke a certificate of occupancy issued under the provisions of this code whenever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code.
(Am. Ord. 15, 2020, passed 12-7-2020)
§ 2-1-1-14. SERVICE UTILITIES.
(A) Connection of service utilities. A person shall not make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until approved by the Building Commissioner.
(B) Temporary connection. The Building Commissioner shall have the authority to authorize the temporary connections of the building or system to the utility, source of energy, fuel or power.
(C) Authority to disconnect service utilities. The Building Commissioner shall have the authority to authorize disconnection of utility service to the builder, structure or system regulated by this code and the referenced codes and standards set forth in § 2-1-1-5(B) in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without the approval required in §§ 2-1-1-14(A) or 2-1-1-14(B). The Building Commissioner shall notify the serving utility and where possible the owner or the owner's authorized agent and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection, the owner, the owner's authorized agent or occupant of the building, structure or service system shall be notified in writing as soon as practical thereafter.
(Ord. 15, 2020, passed 12-7-2020)
§ 2-1-1-15. BOARD OF APPEALS.
(A) General. All persons shall have the right to appeal the Building Commissioner's decisions relative to the application and interpretations of this code, first through the Board of Public Works and Safety, then to the Fire Prevention and Building Safety Commission of the State of Indiana.
(B) Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The Board shall not have the authority to waive requirements of this code.
(C) Administration. The Building Commissioner shall take immediate action in accordance with the decision of the Board.
(Ord. 15, 2020, passed 12-7-2020)
§ 2-1-1-16. VIOLATIONS.
(A) Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.
(B) Notice of violation. The Building Commissioner is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a detail statement or a plan approved thereunder, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
(C) Prosecution of violation. If the notice of violation is not complied with in the time prescribed by such notice, the Building Commissioner is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto.
(D) Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the Building Commissioner, or of a permit or certificate issued under the provisions of this code, shall be subject to a fine of five times the applicable amount stated in § 2-1-1-18, plus the amount of the normal fee for the permit, provided, however, that the maximum fee incurred under this section shall be $1,000 plus the amount of the normal fee for the permit. This sanction shall in no way limit the operation of penalties provided elsewhere.
(Am. Ord. 15, 2020, passed 12-7-2020)
§ 2-1-1-17. STOP-WORK ORDER.
(A) Notice to owner or the owner's authorized agent. Upon notice from the Building Commissioner that work on any building or structure is being executed contrary to the provisions of this code or in an unsafe and dangerous manner, such work shall be immediately stopped. The stop-work order shall be in writing and shall be given to the owner of the property involved, or to the owner's authorized agent or to the person performing the work and shall state the conditions under which work will be permitted to resume.
(B) Unlawful continuance. Any person who shall continue any work in or about the structure 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 be subject to penalties as set out in § 1-1-2-3 of this code.
(Am. Ord. 15, 2020, passed 12-7-2020)
§ 2-1-2-1. TITLE.
This chapter, and all ordinances supplemental or amendatory hereto, shall be known as the “Unsafe Building Code of the City of Lawrence, Indiana,” may be cited as such, and will be referred to herein as the “Unsafe Building Code.”
§ 2-1-2-2. STATUTORY AUTHORITY.
(A) The Unsafe Building Code is established pursuant to I.C. 36-7-9, and the provisions of I.C. 36-7-9-1 through 36-7-9-28 are hereby adopted by reference and made a part of the Unsafe Building Code.
(B) All proceedings within the City of Lawrence for the inspection, repair, demolition and removal of unsafe buildings shall be governed by I.C. 36-7-9 and the provisions of this chapter. In the event that any provision of this chapter conflicts with any provision of I.C. 36-7-9, then the provisions of the state statute shall control.
§ 2-1-2-3. ADMINISTRATIVE AUTHORITY.
(A) The provisions of this chapter shall be administered by the Department of Public Safety, Division of Buildings and Code Enforcement.
(B) The Building Commissioner, as chief administrative officer of the Division of Buildings and Code Enforcement, is hereby authorized to proceed under the provisions of this chapter by inspecting any building or structure believed by him or her to be unsafe and ordering the repair or removal of any building, structure or portion thereof found to be unsafe as specified herein.
(C) Wherever in the Building Code or the Unsafe Building Code of the City of Lawrence 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 of Lawrence, this shall be construed to give the officer only the discretion of determining whether the rules and standards established by the particular code have been complied with; and no provisions shall be construed as giving any officer discretionary powers as to what the regulations or standards shall be or power to require conditions not prescribed by the codes or to enforce code provisions in an arbitrary or discretionary manner.
§ 2-1-2-4. RIGHT TO ENTER.
(A) The Building Commissioner shall have the power to make an entry into any building, premises or structure that he or she has reasonable cause to believe may be in violation of the Unsafe Building Code for the purpose of inspecting the property to determine whether the property is, in fact, in violation of any provision of the Unsafe Building Code.
(B) All buildings or portions thereof within the City of Lawrence, which are determined after inspection by the Building Commissioner to be unsafe, as defined in this chapter, are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal.
§ 2-1-2-5. UNSAFE BUILDING DEFINED.
(A) For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
UNSAFE BUILDING. A building or structure, or any part of a building or structure, that is:
(a) In an impaired structural condition that makes it unsafe to a person or property;
(b) A fire hazard;
(c) A hazard to public health;
(d) A public nuisance; or
(e) Dangerous to a person or property because of a violation of a statute or ordinance concerning building condition or maintenance.
(B) In addition to the conditions described in division (A) above, 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 the conditions or defects exist to the extent that life, health, property or safety of the public or of its occupants are endangered:
(1) Whenever any door, aisle, passageway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic;
(2) Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed for new buildings of similar structure, purpose or location;
(3) Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause to the extent that the structural strength or stability thereof is materially less than it was before the catastrophe and is less than the minimum requirements for new buildings of similar structure, purpose or location;
(4) Whenever any portion, member or appurtenance thereof is likely to fail, to become detached or dislodged or to collapse and thereby injure persons or damage property;
(5) Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half of that specified for new buildings of similar structure, purpose or location without exceeding the working stresses permitted for the buildings;
(6) Whenever any portion thereof has cracked, warped, buckled or settled to the extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction;
(7) Whenever the building or structure, or any portion thereof, is likely to partially or completely collapse because of:
(a) Dilapidation, deterioration or decay;
(b) Faulty construction;
(c) The removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building;
(d) The deterioration, decay or inadequacy of its foundation; or
(e) Any other cause.
(8) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used;
(9) Whenever the exterior walls or other vertical structural members list, lean or buckle to the extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base;
(10) Whenever the building or structure, exclusive of the foundation, shows 33% or more damage or deterioration of its supporting member or members, or 50% damage or deterioration of its non-supporting members, enclosing or outside walls or coverings;
(11) Whenever the building or structure has been so damaged by fire, wind, earthquake or flood or has become so dilapidated or deteriorated so as to become:
(a) An attractive nuisance to children; or
(b) Freely accessible to persons for the purpose of committing unlawful acts.
(12) Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to the building or structure provided by the building regulations of this City or by any law or ordinance governing the condition, location or structure of buildings;
(13) Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting part, member or portion less than 50%, or in any supporting part, member or portion less than 66% of the strength, fire-resisting qualities or characteristics, or weather-resisting qualities or characteristics required by law, in the case of a newly constructed building of like area, height and occupancy in the same location.
(14) Whenever a building or structure used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangements, inadequate light, air or sanitation facilities, or otherwise, is determined by a State Board of Health Inspector to be unsanitary, unfit for human habitation or in a condition that is likely to cause sickness or disease;
(15) Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by a fire prevention investigator to be a fire hazard; and/or
(16) 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 weeks so as to constitute the building or portion thereof an attractive nuisance or hazard to the public.
§ 2-1-2-6. SUBSTANTIAL PROPERTY INTEREST.
The definition of “substantial property interest” set forth in I.C. 36-7-9-2 is hereby incorporated by reference herein as if copied in full.
§ 2-1-2-7. APPLICATION; STANDARDS.
(A) This chapter applies to all existing buildings and structures as well as to work for the reconstruction, alteration, repair, demolition or removal of buildings and structures.
(B) The standards stated in the Building Code for the City of Lawrence shall be considered standard and acceptable practice for all matters covered by this chapter and for any order issued pursuant to this chapter by the Building Commissioner.
§ 2-1-2-8. [RESERVED].
Reserved for future expansion.
§ 2-1-2-9. VIOLATIONS.
No person, firm or corporation, whether as owner, lessee, sub-lessee or occupant, shall erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy or maintain any building or premises, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this chapter or any order issued by the Building Commissioner.
§ 2-1-2-10. ABATEMENT ORDER.
(A) The Building Commissioner shall have the power to order the abatement by repair, rehabilitation, demolition or removal of any condition in violation of the Unsafe Building Code found in any building, premises or structure located in the City. In addition, the Building Commissioner shall have the power to order all work stopped on construction, alteration, repair, installation, removal or demolition of any building, premises or structure in the City if the work is being done in violation of any provision of the Unsafe Building Code or any statute or ordinance relating thereto, or if the building is found otherwise to be unsafe.
(B) The Building Commissioner may order the condition abated or the work stopped by written notice stating the defects thereof served upon the owner and occupants of the building, premises or structure or upon any persons engaged in doing, allowing or causing the work to be done or condition to exist.
(C) Proper service of the notice shall be by personal service upon the owner or owners of record or person responsible for the work which is in violation, if the owner or person shall be found within the City of Lawrence. Otherwise, service may be made by registered or certified mail at the owner’s or responsible person’s last known address.
(D) Persons so notified shall forthwith stop the work and shall proceed with such action in abatement of the condition as is necessary or required by the Building Commissioner. Work in progress shall not be resumed after the issuance of the abatement order except upon the written permission of the Building Commissioner.
(E) If necessary, the notice also shall require the building, structure or portion thereof to be vacated forthwith and/or sealed and not reoccupied until the required repairs or improvements are completed, inspected and approved by the Building Commissioner.
(F) Unsafe buildings, structures or portions thereof shall be posted at each entrance with the following notice: “DO NOT ENTER. UNSAFE TO OCCUPY. DIVISION OF BUILDINGS AND CODE ENFORCEMENT, CITY OF LAWRENCE.” The notice shall remain posted until the required repairs are made or demolition is completed. The notice shall not be removed without written permission of the Building Commissioner.
§ 2-1-2-11. RIGHT TO HEARING.
All affected persons shall have the right to a hearing by the Board of Public Works and Safety concerning the Building Commissioner’s decisions under this chapter. The Building Commissioner’s decision shall be in full force and effect until the time when the Board of Public Works and Safety reverses or modifies his or her decision.
§ 2-1-2-12. REMEDIES.
(A) The Building Commissioner shall, in the name of the City of Lawrence, bring actions in the Superior or Circuit Courts of Marion County, Indiana, for mandatory or prohibitory injunctive relief in the enforcement of, and to secure compliance with, any order or orders made by the Building Commissioner, and any action for mandatory or injunctive relief may be joined with an action to recover the penalties provided for in this chapter.
(B) In addition, the Board of Public Works and Safety may take action to bring the property into compliance with the Unsafe Building Code where the owner fails or refuses to do so after notification of violation by the Building Commissioner. Utilizing procedures prescribed in I.C. 36-7-9-9 through 36-7-9-13, the Board may cause the work to be done and have the costs associated with the work charged as a lien against the property.
§ 2-1-2-13. PENALTY.
In addition to all other remedies stated in this chapter, whoever violates any provision of this chapter shall be subject to the general penalty provisions of this code as set out in § 1-1-2-3.
§ 2-1-4-1. REGISTRATION OF CONTRACTORS REQUIRED.
Any person, partnership or corporation that enters into any contractual relationship with another person, partnership or corporation to engage in any type of construction activity, including demolition work, in or upon any real estate located within the City shall be a registered contractor under this chapter.
(Ord. 15, 2020, passed 12-7-2020) Penalty, see § 2-1-4-11
§ 2-1-4-2. REGISTRATION REQUIREMENTS.
To become a registered contractor with the City of Lawrence, the contractor shall provide the following:
(A) A completed application form indicating the name, address and legal business status of the contractor.
(B) A general liability insurance certificate to include the following:
(1) Shall have minimum of $500,000 for each occurrence of death or bodily injury.
(2) Shall have minimum $100,000 for each occurrence of property damage or shall have combined single limit coverage, which covers both bodily injury and property damage, minimum $500,000 per occurrence.
(3) Shall have the policy number.
(4) Shall include City of Lawrence as a certificate holder.
(5) Shall identify effective and expiration dates of the coverage.
(6) Shall name the sole proprietor, partnership or corporation as the insured.
(7) Shall list the name, address and phone number of the insurance agent.
(8) Shall not limit coverage to a single job
(9) Shall notify the Building Commissioner, in writing, at least 15 days prior to cancellation.
(C) A registration fee as mentioned under the § 2-1-4-4 of this chapter has been paid.
(D) General liability insurance and registration fee shall be waived if the contractor holds an unexpired Marion County or City of Indianapolis license per § 2-1-4-3 of this chapter.
(Ord. 15, 2020, passed 12-7-2020)
§ 2-1-4-3. RECIPROCITY WITH MARION COUNTY/CITY OF INDIANAPOLIS.
(A) Any contractor who holds any type of unexpired contractor's license issued by the City of Indianapolis shall register with City of Lawrence by providing proof of a valid unexpired City of Indianapolis license.
(B) Registration fee shall be waived upon providing proof of unexpired Marion County license.
(C) General liability insurance requirements shall not apply when requesting reciprocity.
(Ord. 15, 2020, passed 12-7-2020)
§ 2-1-4-4. CONTRACTOR REGISTRATION FEES.
The fee for registration shall be $150.
(Ord. 15, 2020, passed 12-7-2020)
§ 2-1-4-5. TERM OF REGISTRATION.
All issued contractor registrations shall be valid for two years from the date of issuance.
(Ord. 15, 2020, passed 12-7-2020)
§ 2-1-4-6. APPROVAL OF REGISTERED CONTRACTORS; NON-TRANSFERABLE.
(A) The Building Commissioner shall review the application and certificate of insurance to determine eligibility.
(B) Upon approval, the Building Commissioner shall issue the contractor registration.
(C) No contractor registration issued under the provisions of this chapter shall be assigned or transferred.
(Ord. 15, 2020, passed 12-7-2020)
§ 2-1-4-7. EXCEPTIONS.
The following exceptions to the contractor registration process shall apply:
(A) Homeowners applying for required residential permits who intend on performing all work themselves shall not be required to be registered as a contractor within the City of Lawrence to obtain residential permits; and
(B) Change of use and or occupancy permit applicants need not be registered to obtain required permits.
(Ord. 15, 2020, passed 12-7-2020)
§ 2-1-4-8. CITY ASSUMES NO LIABILITY.
The City of Lawrence does not in any manner insure, warrant the competency of the contractors registered, or the quality of the work performed by the contractors registered. No representation shall be made explicitly by registered contractors to the effect that registration is a representation of the City of their competency or the quality of their work, nor should any property owner believe by inference that listing is an endorsement by the City of the competency or quality of work.
(Ord. 15, 2020, passed 12-7-2020)
§ 2-1-4-9. SUSPENSION OR REVOCATION OF A REGISTRATION.
The Building Commissioner may suspend the contractor registration issued under this chapter to any person, partnership or corporation for a period of up to one year or may revoke the registration issued under this chapter to any person, partnership or corporation if one of the following is shown:
(A) The registered contractor made any materially false statement of fact on his or her application;
(B) Construction activity, for which the contractor was responsible as obtainer of the building permit, was performed either incompetently or in a manner that it does not meet standards of reasonable workmanship or does not comply with the Building Code and procedures or any provisions of state law or regulations of the City;
(C) The registered contractor failed to correct a violation of the Building Code, provisions of state law or regulations of the City relative to construction activity for which the registered contractor was responsible as permit obtainer after an authorized official or employee of the City issued a notice of the violation, revoked a permit or issued a stop work order and the violations causing any of these actions remained uncorrected for a period of ten days after the registered or licensed contractor received notice of the violation, unless a longer period is allowed by the Building Commissioner;
(D) The registered contractor has consistently failed to apply for or obtain required permits for construction activity accomplished by the contractor;
(E) The registered contractor has consistently failed to timely file certificates of completion and compliance as required for construction activity accomplished pursuant to his or her listing;
(F) The registered contractor has consistently failed to give notice of availability for inspection at designated stages of construction activity;
(G) The registered contractor has attempted to conceal violations of the Building Code, provisions of state law or regulations of the City relative to construction activity; or
(H) The registered contractor is delinquent in any fees owed pursuant to this chapter.
(Ord. 15, 2020, passed 12-7-2020)
§ 2-1-4-10. REMEDIES.
(A) The Building Commissioner may, in the name of the City of Lawrence, shall issue a stop work order to stop any construction, alteration, repair, installation, removal or demolition of buildings in the City if the work is being performed by a contractor who is not registered under this chapter.
(B) The Building Commissioner may, in the name of the City of Lawrence, bring actions in the Superior or Circuit Courts of Marion County, Indiana, for mandatory or prohibitory injunctive relief in the enforcement of, and to secure compliance with, any order or orders made by the Building Commissioner pursuant to this chapter, and any action for mandatory or injunctive relief may be joined with an action to recover the penalties provided for in this chapter.
(Ord. 15, 2020, passed 12-7-2020)
§ 2-1-4-11. PENALTY.
(A) In addition to all other remedies stated in this chapter, failure to comply with any provisions of this chapter shall be subject to a fine of $250 for the first offense and $500 for the second and subsequent offences.
(B) Stop work order. Violators of a stop work order shall be subject to a fine of up to $1,000.
(Ord. 15, 2020, passed 12-7-2020)
Permit Name
Table 2 - Commercial permit fees
Permit Name
(Ord. 6, 2005, passed 6-6-2005; Am. Ord. 14, 2005, passed 9-6-2005; Am. Ord. 8, 2006, passed 4-3-2006; Am. Ord. 29, 2006, passed 1-2-2007; Am. Ord. 42, 2009, passed 9-8-2009; Am. Ord. 15, 2020, passed 12-7-2020)