Chapter 15.05 GENERAL PROVISIONS

(A) All matters concerning, affecting, or relating to the construction, alteration, or removal of buildings or structures erected or to be erected in the City are presumptively provided for in this chapter, except insofar as provisions are contained in State law. All provisions of this chapter shall apply with equal force to public buildings and their construction, as well as to private buildings.

(B) The scope of work applicable to this chapter shall include every character of building operation, construction, alteration, or remodeling, any accessory, mechanical equipment, elevators, fire escapes, escalators, stairways, plumbing, heating, electrical equipment, drainage, or anything pertaining to or used in the construction of any building, and regulatory power with special reference to the conduct or maintenance of any class of building within the City, regardless of its use or character and with reference to public and semipublic buildings, schools, hospitals, churches, motion picture houses, theaters, assembly halls, dance halls, and similar types. Anything in or about any manufacturing plant, power house, warehouse, heating plant, storage building, garage, dye house, cleaning establishment, laundry, or any other plant used for the manufacturing, fabrication, assembly, or sale of merchandise or commercial commodities, that might endanger life or property either of the owner’s operatives or the public, shall be within the scope of the provisions of this chapter. [Ord. G-93-23, passed 12-7-93. 1962 Code §§ 1303.01, 1303.10; 1982 Code § 150.001; 1983 Code § 15.150.001.]

15.05.020 Conformance to chapter required.

No wall, structure, building, or part thereof shall hereafter be constructed, nor shall the plumbing, drainage, wiring, heating, air conditioning, refrigeration, or other equipment of any building, structure, or premises, so far as provided for in this chapter, be constructed or altered except in conformity with the provisions herein provided. No building already erected, or hereafter to be built, shall be altered in any manner that would be in violation of any of the provisions of this chapter. Nothing in this chapter shall prohibit the raising or lowering of any building to conform with changes in the grading of any street, alley, or thoroughfare on which it is located and where the Board of Public Works or the Common Council may have ordered the changes. [1962 Code § 1303.02; 1982 Code § 150.002; 1983 Code § 15.150.002.]

15.05.030 Effect of zoning regulations.

(A) Zoning laws and ordinances and the rules and regulations of the Evansville-Vanderburgh County Area Plan Commission, insofar as they pertain to building construction, occupancy, or areas, frontage, and classification and locations of buildings, shall not be construed so as to invalidate any of the laws, rules, regulations, orders, or bulletins issued by or under the authority of the Evansville-Vanderburgh County Building Commissioner.

(B) To the extent not inconsistent with the provisions of this chapter, the development standards set forth in the zoning laws and ordinances, the subdivision control ordinances, and the rules and regulations of the Evansville-Vanderburgh County Area Plan Commission are hereby incorporated by reference into this chapter, and compliance with those standards shall be required for the issuance of a certificate of occupancy under this chapter. [Ord. G-2014-31, passed 12-19-14. 1962 Code § 1303.03; 1982 Code § 150.003; 1983 Code § 15.150.003.]

15.05.040 Protection of public.

No building project shall proceed without the contractor or his authorized agent taking the proper precautions for the protection of life and property. Where permission is given for the storage of materials, where excavations have been made, or where anything in or about any work or construction is being undertaken, there shall be properly displayed all necessary warning signs, red lights, and danger signals. All red lights or lanterns must be lighted before sundown and kept burning throughout the night until sunrise. [1962 Code § 1303.05; 1982 Code § 150.004; 1983 Code § 15.150.004.]

15.05.050 Existing buildings.

Existing buildings may be maintained in their present condition and occupancy; however, any changes that are specifically required by this chapter, or which may become necessary for safety, shall be made when ordered by the Building Commissioner. Existing buildings which comply with the requirements of this chapter for existing buildings may be altered and repaired at a cost not exceeding 50 percent of their value without being made to comply with the requirements for new buildings, provided the occupancy is not changed and the hazard to occupants and surrounding property is not increased, in the opinion of the Building Commissioner. If a property is ordered razed by the Hearing Officer of the Department of Code Enforcement and is later modified to an order to repair, the repairs shall be in compliance with current rules for new construction. [Ord. G-98-20, passed 7-6-98. 1962 Code § 1303.08; 1982 Code § 150.005; 1983 Code § 15.150.005.]

15.05.060 Mechanical equipment, parts, and accessories.

All signs and other mechanical equipment, parts, or accessories of buildings constructed or erected in the future shall be in accordance with this chapter. All construction existing at the time this chapter is adopted may be continued in use except when, in the opinion of the Building Commissioner, it shall be found to be in a dangerous condition, in which case it shall either be removed or repaired, modified, or otherwise altered to render it safe, when so ordered by the Building Commissioner. In no case shall the requirements be more stringent than as set forth in this chapter for new constructions. [1962 Code § 1303.09; 1982 Code § 150.006; 1983 Code § 15.150.006.]

15.05.070 Existing suits and liabilities.

Nothing contained in this building code shall be construed to affect any cause of action or proceeding now pending in any court, or right acquired or liability incurred, nor any cause of action accrued or existing under any ordinance of the City which is repealed, nor shall any right or remedy of any character be lost, impaired, or affected by this building code. [1962 Code § 1303.11; 1982 Code § 150.007; 1983 Code § 15.150.007.]

15.05.080 Furnishing utilities to noninspected buildings.

No person, firm, or corporation shall supply or provide electrical service, electricity, natural gas, liquid gas, petroleum gas, water, or any other utility service for any building or structure unless and until an approved final inspection has been made by the Building Commissioner or his authorized agent. Temporary service may be supplied for urgent or necessary service during construction or alteration of any building provided the Building Commissioner or his authorized representative has made an inspection and approved the temporary service. [Ord. G-73-13, passed 6-25-73. 1962 Code § 1333; 1982 Code § 150.009; 1983 Code § 15.150.009.]

15.05.090 Unsafe buildings.

(A) Adoption of State Law. The City hereby adopts, in total, the provisions of IC 36-7-9-1 et seq. Said provisions of IC 36-7-9-1 et seq. shall be as much a part of this section and municipal code as though fully set forth herein. This section is intended to give City officials charged with enforcement of this section full authority and rights granted by IC 36-7-9-1 et seq.

(B) Definitions. As used in this section and in IC 36-7-9-1 et seq., the following definitions shall apply unless the context clearly indicates or requires a different meaning:

“Department” means the Department of Code Enforcement as established under EMC 2.55.050. The Department of Code Enforcement shall be responsible for the administration of this section.

“Enforcement authority” refers to the Chief Administrative Officer of the Department of Code Enforcement.

“Hearing authority” refers to a person or persons designated as such by the Mayor. An employee of the enforcement authority may not be designated as the hearing authority.

“Substantial property interest” means any right in real property that may be affected in a substantial way by actions authorized by this section, including a fee interest, a life estate, a future interest, a present possessory interest, or an equitable interest of a contract purchaser. The interest reflected by a deed, lease, license, mortgage, land sale contract, or lien is not a substantial property interest unless the deed, lease, license, mortgage, land sale contract, lien, or evidence of it is:

(1) Recorded in the office of the Vanderburgh County Recorder; or

(2) The subject of written information that is received by the Department of Code Enforcement and includes the name and address of the holder of the interest described.

(1) For the purpose of this section, the building, structure, or any part of a building or structure that is in an impaired structural condition that makes it unsafe to a person or property; a fire hazard; a hazard to the public health; a public nuisance; or dangerous to a person or property because of a violation of a statute or ordinance concerning building condition or maintenance is considered an unsafe building.

(2) For the purposes of this section, an unsafe building and the tract of real property on which the unsafe building is located are considered unsafe premises.

(D) Sealing an Unsafe Building. Whenever an unsafe building is required or ordered to be sealed against intrusion by unauthorized persons, the building shall have all openings secured by the use of plywood of not less than one-half inch in thickness, or material of equal or greater strength, sufficiently attached to the building or structure to cover the opening so as to prevent unauthorized entry.

(E) Unsafe Building Fund. There is hereby established a fund to be known as the “Unsafe Building Fund” within the budget of the Department of Code Enforcement. This fund shall be used for the expenses incurred in carrying out the purposes of this section or other purposes authorized by law. [Ord. G-82-45, passed 11-22-82. 1962 Code, Art. 7, Ch. 5, §§ 1 – 5; 1982 Code § 150.010; 1983 Code § 15.150.010.]

Cross-references: Building Commissioner’s Code Book Revolving Fund, Chapter 3.15 EMC; street names and house numbering, EMC 12.05.360 through 12.05.440; backflow prevention and cross connections, EMC 13.15.040 through 13.15.090.

Article II. Inspections

15.05.100 Condemned work or equipment.

(A) All work which requires a permit under EMC 15.05.420(A) shall be inspected by the Building Inspection Division of the Department of Code Enforcement. Work which will be covered shall be inspected prior to installing any material which would not allow a visible inspection. The contractor for the trade of the affected installation shall contact the Building Inspection Division and request an inspection prior to work being covered. Any contractor failing to request inspection and any contractor covering work before an inspection is in violation of this chapter and shall be subject to the penalties of EMC 15.05.520. If, in the opinion of the Building Commissioner, the covered work cannot otherwise be deemed safe and in compliance with applicable codes, the contractor responsible for covering work not inspected shall uncover any and all areas as directed by the Building Commissioner. The Inspector shall inspect the installation as soon as possible after receiving the request but in no case shall it be more than eight working hours from the time the call is received. If any inspection is not approved by the Inspector, the contractor may request and shall be provided by the department within eight working hours the specific code, chapter and section that has been violated. This section may be modified by the Building Commissioner under emergency conditions.

(B) Should the Inspector condemn any work or equipment as not being in accordance with the provisions of this article, notice in writing shall be given by the Inspector to the person engaged in the work within 10 days after notification thereof or within further reasonable time as may, upon request, be prescribed. The condemned work or equipment shall be altered or removed as the case may require, and the necessary changes shall be made so that all the work or equipment shall fully comply with the provisions of this article. In default thereof the person shall be liable for the penalties provided in EMC 15.05.520. Every owner, contractor, or other person engaged in the construction of the building, structure, or otherwise, covering or allowing to be covered any portion of the work or equipment, or removing any notice not to cover the work placed thereon by the Inspector, shall likewise be liable for the penalties as provided in EMC 15.05.520. [Ord. G-2012-4 § 2, passed 2-28-12; Ord. G-93-23, passed 12-7-93. 1962 Code § 1325.03; 1982 Code § 150.027; 1983 Code § 15.150.027.]

15.05.110 Re-inspection.

The Inspector is empowered to re-inspect all wiring, appliances, devices, fixtures, and equipment coming within the scope of this article. When the installation of any wiring, appliances, devices, fixtures, or equipment is found to be in a dangerous or unsafe condition, the person owning, using, or operating it shall be notified to make the necessary repairs or changes required to place the wiring, appliances, devices, fixtures, or equipment in a safe condition and shall have the work completed within 10 days after notification thereof or within any reasonable time as may, upon request, be prescribed. No person shall hinder or interfere with the Inspector or any Assistant Inspector in the discharge of his duties under this article. [Ord. G-93-23, passed 12-7-93. 1962 Code § 1325.04; 1982 Code § 150.028; 1983 Code § 15.150.028.]

15.05.120 Power to disconnect service.

Should an Inspector in the affected trade determine any work to be dangerous, unsafe, improperly installed or hazardous to occupants or the general public, he may cause the affected utility connection to be removed without prior notice. If the structure is occupied, the Inspector must attempt to notify the owner and/or the occupant by leaving notice at the structure and by telephone if possible. Inability to contact occupant or owner will not prevent disconnection of unsafe systems which are immediate threats to the safety or well-being of an occupant or the general public. No person shall reconnect the services to the structure until inspected and approved by the Department of Buildings. [Ord. G-93-23, passed 12-7-93. 1962 Code § 1325.05; 1982 Code § 150.029; 1983 Code § 15.150.029.]

15.05.130 Certificate of approval.

(A) The Inspector shall, upon request, issue a certificate of approval when the installation is completed and found to comply with the provisions of this article.

(B) No person shall make any connection to any wiring or equipment until approval has been given by the Inspector. The Inspector is authorized to disconnect any installation or equipment which has been connected before the approval for service has been given. He shall thereupon attach a notice which shall state that the wiring or equipment has been disconnected by the Inspector. No person shall remove the notice or reconnect the wiring or equipment before it has been approved by the Inspector. [Ord. G-93-23, passed 12-7-93. 1962 Code §§ 1325.06, 1325.07; 1982 Code § 150.030; 1983 Code § 15.150.030.]

15.05.140 Installation standards for mobile and manufactured homes.

(A) New home installation or used home re-installation inside parks shall have piers and anchors installed to manufacturer’s specification and utilize “over the top” or sidewall straps, if provided from the factory on the home. If manufacturer’s specifications are not available for new installation of older homes in parks, the piers shall be installed within two feet of the end of the frame beams and a maximum of eight feet on center and on each side of a four-foot-wide or more opening in an exterior or marriage wall. Ground anchors and tie-down straps shall be installed within two feet of each end of the frame beams and a maximum of 12 feet on center and utilize “over the top” or sidewall straps, if provided from the factory on the home. Provision for diagonal ties between ground anchors and the mobile home shall be made in conjunction with each vertical tie-down. All anchoring equipment shall be installed in accordance with the equipment manufacturer’s installation instructions. In no case shall installation standards be required to exceed those provided with the home by the manufacturer.

(B) Existing homes on existing lots in parks shall have ground anchors and tie-down straps within six feet of each end of frame beams and a maximum of 24 feet on center utilizing “over the top” or sidewall straps, if provided from the factory on the home. Provision for diagonal ties between ground anchors and the mobile home shall be made in conjunction with each vertical tie-down. All new anchoring equipment shall be installed in accordance with the equipment manufacturer’s installation instructions. Where homes do not have usable areas on the frame beams to attach anchors, other acceptable means shall be incorporated to provide equivalent resistance to lateral and uplift wind forces. In no case shall installation standards be required to exceed those provided with the home by the manufacturer. [1983 Code § 15.150.031.]

15.05.150 Liability as result of inspection.

This article shall not be construed to relieve from or lessen the responsibility of any person owning, operating, or installing any wires, appliances, apparatus, construction, or equipment for damages to anyone injured by any defect therein. Nor shall the City or any agent thereof be held as assuming any liability by reason of inspection authorized herein or the certificate of approval issued by the Inspector. [Ord. G-93-23, passed 12-7-93. 1962 Code § 1325.09; 1982 Code § 150.032; 1983 Code § 15.150.032.]

15.05.160 Temporary use of electric and gas.

When electric or gas is needed prior to final inspection, the appropriate Inspector may approve temporary service. All electric and gas equipment and systems which are connected must be properly installed in a safe manner without hazard that could cause fire or injury to personnel.

Temporary approvals expire 60 days from issuance and services may then be removed if not ready for final inspection. The 60 days may be extended by the Building Commissioner, if the reason for noncompliance is due to circumstances beyond the control of the contractor.

No structure utilizing temporary services shall be occupied without written approval of the Building Commission. [Ord. G-98-20, passed 7-6-98; Ord. G-93-23, passed 12-7-93. 1962 Code § 1325.10; 1982 Code § 150.033; 1983 Code § 15.150.033.]

15.05.170 Failure to correct defects, pay fees.

The failure of any person registered under the provisions of this article to correct defects and pay any additional fees that may be charged to him within 15 calendar days after notification thereof or within any further reasonable time as may, upon request, be granted, shall entitle the Building Commissioner, without further notice, to stop the issuance of permits to the registered person until the corrections have been made, inspected, and approved, or the additional fees have been paid. The Electrical Inspector shall be promptly notified upon correction of any defect, error, or deficiency. Request for further time shall be made within 15 days after notification of any defect, error, or deficiency. An extension of time may be granted only for good and sufficient reasons. No person shall perform any electrical work during the period permits are withheld. [1962 Code § 1325.17; 1982 Code § 150.039; 1983 Code § 15.150.039.]

Article III. Electric Wires, Equipment, or Devices

15.05.180 Partial or working permits.

When the exact amount of work to be done under any permit cannot be definitely determined at the time application for the permit is made, the Building Commissioner may issue a partial or working permit. [Ord. G-73-16, passed 6-25-73. 1962 Code § 1325.19; 1982 Code § 150.040; 1983 Code § 15.150.040.]

15.05.190 Plans and specifications.

Every person making application for any permit to do electrical work under the provisions of this article may be required by the Building Commissioner to file a set of plans and specifications in sufficient detail to enable the Inspectors to determine if the work will be in compliance with the rules, regulations, and provisions hereof. A key to the symbols used shall accompany all plans. If mains, feeder, branches, and distributing panels are shown on the plans, they shall be designated by letters or numbers. [1962 Code § 1325.20; 1982 Code § 150.041; 1983 Code § 15.150.041.]

15.05.200 New work to conform.

All new work shall conform to the requirements of this article. When any additions or alterations are made after the date on which the ordinance codified in this article becomes effective, that portion of the installation which is extended, altered, or renewed shall be made to conform to all of the applicable requirements contained herein. When such extension, alteration or renewal is the result of fire or involves materially more than 50 percent of the system as determined by the Department of Buildings, the system shall be brought into conformance with the requirements for new installation. [Ord. G-98-20, passed 7-6-98; Ord. G-93-23, passed 12-7-93. 1962 Code § 1325.22; 1982 Code § 150.042; 1983 Code § 15.150.042.]

15.05.210 Regulations for electric wires, equipment, or devices.

(A) All electric wires, equipment, or devices shall be installed in strict conformity with the Indiana Electrical Code.

(B) The following provisions shall apply to all electrical wiring equipment installed, used, or maintained in the City, except the wiring and equipment installed by a public or private utility in the exercise of its function as a serving utility for the generation, transmission, distribution, or metering of electrical energy, in the operation of signals or the transmission of intelligence. These provisions shall not apply to Federal and State property or wiring or equipment which properly comes under the jurisdiction of the Indiana Regulatory Commission:

(1) Fustats or Type S nontamperable fuses of proper size are to be installed in lieu of standard fuses at all service switches or service fuse panels to provide circuit protection. Twenty-amp fuses are permitted only on appliance or special duty circuits or No. 12 AWG conductors are used.

(2) Where services are replaced, all old, unused service pipes, boxes, etc., shall be removed.

(3) All existing residences having service equipment rated less than the potential electrical load as computed in Article 220 of the Indiana Electrical Code (IEC) shall be upgraded to comply with the requirement of Section 230-79 of the IEC. Services with a net computed load of 10 KVA or more and services having six or more two-wire circuits shall be provided with a minimum 100 amp service. Multifamily dwelling units where the potential load does not exceed the size and rating of the service equipment may be supplied with a 60 amp service.

(4) Service change-outs or replacements require correction of hazards and improper wiring, including, but not limited to, brass sockets, extension cord wiring, and improper joints which shall be corrected prior to inspection and approval. [Ord. G-98-20, passed 7-6-98; Ord. G-93-23, passed 12-7-93. 1962 Code § 1325.24; 1982 Code § 150.043; 1983 Code § 15.150.043.]

15.05.220 Inspector to answer questions.

The Inspector shall answer any relevant question concerning, or give any desired information in respect to, the meaning of, intent, or application of the regulations and rules of this article. The Inspector in his official capacity is not, however, empowered to and cannot lay out work or act in the capacity of a consulting engineer for inexperienced contractors, mechanics, or owners. [1962 Code § 1325.21; 1982 Code § 150.044; 1983 Code § 15.150.044.]

15.05.230 Exceptions.

This article shall not apply to telephone, telegraph, or electric companies, or to any employees thereof, operating under franchise with the City or with indeterminate permits under the Public Service Commission of the State, in the installation, maintenance, removal, or repair of their electric service or apparatus and equipment used in connection with their business or plants. Nor shall this article apply to manufacturers of electric apparatus in conducting tests of apparatus of their own manufacture. [1962 Code § 1325.13; 1982 Code § 150.045; 1983 Code § 15.150.045.]

Article IV. Public Way Use and Encroachment

15.05.240 Temporary use of streets during construction.

(A) No building material shall be placed on public streets or sidewalks except as provided herein. Building materials required for use immediately or in connection with the construction of a building may be placed on the street or sidewalk in front of the building in the course of construction or alteration; provided, that prior permission is obtained from the Board of Public Works and the person placing the building materials shall agree in writing to indemnify and save harmless the City from any and all claims and lawsuits arising or growing out thereof, and such placement does not create an undue hardship on pedestrian or vehicular traffic. In no case shall space within five feet of the nearest rail of any railroad track be occupied for building materials. The sidewalk space may be occupied for building construction purposes; provided, that the owner or his agent provides a temporary sidewalk not less than five feet in width in the outer portion of the permissible occupied space, and the temporary sidewalk shall be protected on the building side by a tightly constructed fence of not less than eight feet in height.

(B) When the proposed building exceeds a height of two stories, before any building is commenced, the owner shall construct a temporary covered walkway not less than five feet wide of sufficient strength to protect the public from falling materials during construction. The covered walkway shall remain in place until the completion of all of the exterior portions of the building. If the area occupied by the sidewalk or temporary sidewalk is to be excavated, the walk shall be made of boards not less than two inches thick, designed to support a load of not less than 150 pounds per square foot provided with suitable ramps at each end and with hand rails on each side. The roof over the walkway shall be the width of the walkway and of not less than two layers of one-inch boards with joints staggered, and shall be placed not less than 10 feet above the temporary walkway. Whenever the roof is used for storing of materials, a railing and footboard shall be installed as to prevent the materials from falling onto the street.

(C) Building materials may be placed in front of the property adjoining a building site under the same conditions as provided for the occupation of the street immediately in front of the building site, as set out in subsection (A) of this section; provided, that the written consent and waiver of claim for damages against the City is obtained from the owner of the adjoining property, and filed in the office of the Building Commissioner.

(D) No building material, fence, shed, or any obstruction of any kind shall be placed so as to obstruct free approach to any fire hydrant, lamp post, manhole, fire alarm box, or catch basin, or so as to interfere with the passage of water in the gutter.

(E) Mortar or concrete may be prepared in the space permitted for storage of building materials, but the preparation shall be done in a mechanical mixer, in a tight box, or on a tight mixing board in such a manner that dripping or splashing is prevented. Pavements shall be well cleaned of all building materials at the completion of the construction of a building.

(F) The covered walkway shall be kept well lighted continuously between sunset and sunrise, and the outer edge of the occupied space of the street or sidewalk shall have placed thereon red lights which shall be kept burning continuously between sunset and sunrise. The street side of any barricade or fence and handrails and sidewalk shall be kept reasonably smooth and in good repair while construction work is in progress or while the barricades, fences, or walkways are placed on or over public property. [Ord. G-93-23, passed 12-7-93. 1962 Code § 1343.01; 1982 Code § 150.050; 1983 Code § 15.150.050.]

15.05.250 Projection of building or accessory over public way.

No portion of any building nor any accessory thereto shall project over the public street, sidewalk or alley, without first having obtained an encroachment permit from the Board of Public Works, and shall meet the requirements of the Indiana Building Code. [Ord. G-93-23, passed 12-7-93. 1962 Code § 1343.02; 1982 Code § 150.051; 1983 Code § 15.150.051.]

15.05.260 Metal lamp bracket – Clocks.

(A) Metal lamp brackets for ornamental lights shall not project more than two feet over public sidewalks, and must be eight feet six inches or more above the sidewalk level. The bracket shall not project more than two feet into alleys if they are installed 15 feet or more above the alley grade; provided, that the lamp shall not interfere with the functioning of traffic signals. All locations shall be first approved by the Board of Public Works before installation and the criteria for encroachments.

(B) Clocks, when made entirely of metal and glass construction and supported on metal brackets, shall not project more than four feet over sidewalks or alleys if they are 12 feet or more above the sidewalk level or 15 feet above the alley level; provided, that clocks do not interfere with the functioning of traffic signals. All locations shall be first approved by the Board of Public Works under the guidelines for approving encroachments. [Ord. G-93-23, passed 12-7-93. 1962 Code §§ 1343.03, 1343.04; 1982 Code § 150.052; 1983 Code § 15.150.052.]

15.05.270 Basement spaces under public sidewalks.

(A) Detailed plans for the construction of areaways, coal chutes, sidewalk elevators, and other additional basement spaces extending under public sidewalks shall be submitted to and approved by the Board of Public Safety before a building permit shall be issued by the Department of Buildings. No open areaway shall be constructed on public property and all areas adjacent to public property shall be securely guarded with substantial metal rails.

(B) All areaways, coal chutes, sidewalk elevators, and other additional basement spaces extending under public sidewalks shall be surrounded by masonry or concrete retaining walls of ample strength to resist the earth pressure and shall be covered with a fireproof floor having a safe live load capacity of not less than 250 pounds per square foot. The upper surface of the floor or sidewalk shall be level with the established sidewalk grade and the surface around sidewalk lights and metal doors shall be made slipproof by troweling at least two pounds of approved abrasive material in each square foot of concrete surface or by other equally effective method.

(C) All access doors in the sidewalks shall be of iron or steel with roughened surfaces and shall have flush hinges. All doors shall be designed for a live load of 250 pounds per square foot and shall have adequate guard rails at open ends when the doors are open for use. No covered spaces below sidewalks shall be constructed as to interfere with the pipes, sewers, wires, or conduits of the City or of any public service corporation. [1962 Code § 1343.05; 1982 Code § 150.053; 1983 Code § 15.150.053.]

15.05.280 Encroachments.

(A) No person shall make or continue, or cause to be made or continued, any cellar, door, window, or areas, or shall dig or construct, or cause to be dug or constructed, any area or entrance thereto, around any cellar or basement story of any building, so that it shall extend into the line of any street, alley, or public space, without first presenting a petition in detail and drawing to the Board of Public Works and obtaining its approval, and thereafter obtaining the approval of and a permit from the Department of Buildings. An encroachment shall be approved only if said encroachment does not duly interfere with pedestrian or vehicular traffic or present a danger to any person. Any person maintaining an encroachment upon a street, public sidewalk, or right-of-way by maintaining or applying for such encroachment does hereby agree to indemnify and hold harmless the City of Evansville, its agents and employees, from any injury to person or property or death of any person from the placement or maintenance of such encroachment.

(B) No covered space below a sidewalk shall be dug or constructed so that the outer face of the wall shall extend beyond a point at least four feet from the curb line of any street; provided, that no cellar, door, window, area, or covered space below the sidewalk shall be dug or constructed or caused to be dug or constructed around any cellar or basement story of any building so that it shall extend beneath or into the line of any street, area, or public place which has been widened or acquired by the City or any other subdivision of any public agency. [Ord. G-93-23, passed 12-7-93. 1962 Code § 1343.06; 1982 Code § 150.054; 1983 Code § 15.150.054.]

Article V. Fences and Walls

15.05.290 Fences – Construction.

The house number system of the City shall govern the side of the fence on which the posts shall be placed. Posts of all fences shall be placed on the side of the fence leading to higher numbers as assigned by the City. The lot owner on whose property the posts are located shall be responsible for building and maintaining the front half of the fence to be built, and the rear half of the opposite fence. [1962 Code § 1345.03; 1982 Code § 150.060; 1983 Code § 15.150.060.]

15.05.300 Authority of Building Department.

When conditions other than those specified in this article arise, the Building Department shall determine to what extent a fence is reasonable and fair to both parties. Fences of old or used material shall not be built unless the material shall be reasonably sound, in the judgment of the department. Ornamental fences shall, unless there is mutual consent in writing, be built wholly on the builder’s property. Hedges, shrubs, or other means of designating lot lines shall be considered in the class of ornamental fences. [1962 Code § 1345.04; 1982 Code § 150.061; 1983 Code § 15.150.061.]

15.05.310 Spikes.

No person being the owner, lessee, or agent of any building shall erect or maintain on or about the stairway to the entrance of the building or on or about its exterior building line, on partition fences, on any portion of the sidewalk adjacent to the building or any railing, fence guard, or other protection on which there shall be affixed or placed, or in any manner attached, any spike, nail, or other sharp pointed instrument of any kind or description. [1962 Code § 1345.09; 1982 Code § 150.062; 1983 Code § 15.150.062.]

15.05.320 Security fences.

No person shall construct or cause to be constructed or maintain a barbed wire, razor wire, or similar material fence, partially or wholly around any area and in street, alley, public highway, or right-of-way or in or along any street, or in front of any public space or place, nor shall nail or cause any barbed wire, razor wire, or similar material to be nailed or fastened in any form, shape, or manner on partition fences.

However, fences at least six feet high may have barbed wire and fences at least eight feet high may have razor wire or similar material attached to arms or brackets extending inward over the private property of the person erecting and paying for the fence, but no barbed wire shall be placed at a point any nearer than six feet from the ground nor any razor wire or similar material shall be placed at a point any nearer than eight feet from the ground. [Ord. G-98-20, passed 7-6-98. 1962 Code § 1345.10; 1982 Code § 150.063; 1983 Code § 15.150.063.]

15.05.330 Retaining walls.

All fences constructed or reconstructed around junk or coal yards shall be designed as retaining walls where the fences are used to hold or restrain materials or things of any kind and shall be limited in height to six feet; provided, that fences may be erected to a height not to exceed nine feet if the consent of not less than 50 percent of the owners of the property within 500 feet of the junk or coal yard has been obtained or unless otherwise restricted as to height by this chapter.

(A) Stresses. The stresses used in the design shall not exceed those stated in this chapter for the kind of material used.

(B) Timber. If built of timber, all main structural members shall be securely joined together with bolts of sufficient size and length to meet the design requirements.

(C) Posts. The minimum size of posts used for the construction shall not have a cross-sectional area less than 90 and one-fourth square inches. The posts shall extend into the ground below grade at least four feet or more as required for structural safety.

(D) Planks. The posts shall be covered on the inside fence face above grade with at least one-and-three-fourths-inch planks placed together and securely spiked or bolted to the posts.

(E) Masonry. If built of masonry, the foundations shall extend at least two feet below grade and shall meet all the structural requirements for foundations and bearing walls as provided in this chapter. [1962 Code § 1345.11; 1982 Code § 150.064; 1983 Code § 15.150.064.]

15.05.340 Electric fences.

No person being the owner, lessee, or agent of any property located within the City shall erect or maintain on his property any fence which is electrically charged or which is in any way designed to give an electrical shock to any person or object which comes in contact with the fence. This section shall not apply to wild animal electrical barriers installed in the Mesker Park Zoo which are used for restraining of animals and are not accessible to the general public. [Ord. G-68-14, passed 6-24-68. 1962 Code § 1345.12; 1982 Code § 150.065; 1983 Code § 15.150.065.]

Cross-reference: House numbering, EMC 12.05.390 through 12.05.440.

Article VI. Drainage and Floodwater Runoff

15.05.350 Definitions.

For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

“Applicant” means a person who applies for a building permit. An applicant must be the owner of the real estate for which the permit is requested or the authorized representative of the owner.

“Department of Code Enforcement” means the Department of Code Enforcement of the City.

“Drain” or “watercourse” means a channel through which water passes. Drains and watercourses may be open or closed, natural or manmade.

“Flood” or “flooding” means a general, temporary condition of inundation of normally dry land areas due to the overflow of water.

“Floodplain” means an area of land which is subject to headwater or backwater flooding from adjacent streams. The floodplains are described and set forth on the flood boundary and floodway map and the flood insurance rate maps dated October 15, 1981, and amendments thereto, as published by the Federal Insurance Administration, or on maps prepared by the Indiana Department of Natural Resources or the Louisville District Corps of Engineers. These maps are on file in the offices of the Area Plan Commission and the Department of Code Enforcement.

“Legal drain” means a drain established by the Vanderburgh County Drainage Board.

“Mean sea level datum” means the datum plain used by the U.S. Geological Survey for Vanderburgh County quadrangle mapping, 1929 adjustment.

“One-hundred-year flood” means a flood having an average of occurrence on the order of once every 100 years.

“Site” means the real estate for which a building permit is sought, as legally described.

Watercourse. See “Drain.” [Ord. G-81-46, passed 4-17-75. 1962 Code, Art. 7, Ch. 4, § 1; 1982 Code § 150.115; 1983 Code § 15.150.115.]

15.05.360 Drainage and flood restrictions.

In Zone A, as determined by the FIRM maps, areas below the 100-year flood elevation shall not be enclosed in any manner which would impede the free flow of water (open lattice work or insect screening are permitted).

In no case may existing enclosures be finished for occupancy or the open areas be reduced in size or ability to allow free flow of water through them.

If the finished grade elevation around the structure is above the 100-year flood elevation, the floor of crawl spaces may be at an elevation below the 100-year floodplain, but may not contain any equipment which could be damaged by flooding. This does not apply to construction which has been built on ground elevated by fill. [Ord. G-98-20, passed 7-6-98; Ord. G-93-23, passed 12-7-93; Ord. G-81-46, passed 4-17-75. 1962 Code, Art. 7, Ch. 4, § 2; 1982 Code § 150.116; 1983 Code § 15.150.116.]

15.05.370 Residential building – Grading and drainage.

Grading or drainage or both shall be performed so that water will drain away from the building on all sides and off the lot in a manner which will provide reasonable freedom from erosion and pocketed surface water. Construction such as walks, driveways, and retaining walls shall be installed so that they will not interfere with drainage. [1962 Code § 1323.05; 1982 Code § 150.145; 1983 Code § 15.150.145.]

Article VII. Plans, Permits, and Fees

15.05.380 Site plan.

Each applicant for a building permit shall submit a site plan to the Evansville-Vanderburgh County Building Commission.

(A) The site plan shall be an accurately scaled drawing containing the following information:

(1) Lot dimensions;

(2) Street right-of-way widths;

(3) Existing easements and widths;

(4) Street pavement widths;

(5) Sidewalk location;

(6) Location and dimensions of existing structures on site;

(7) Dimensions of proposed buildings and/or accessory structures;

(8) Dimensions between buildings and between buildings and property lines;

(9) Size and location of proposed curb cuts and existing curb cuts within 50 feet;

(10) Dimensioned parking for all site plans except single-family residence;

(11) List of units and bedrooms for apartments, square footage for commercial/industrial buildings;

(12) Lot number and subdivision or a legal description of the parcel;

(13) Street address;

(14) Scale;

(15) North arrow;

(16) Date;

(17) Signature of person certifying plan.

(B) In addition to the information required for the site plan stated above, a site grading plan shall be submitted when any one of the following conditions exist:

(1) Lot is located within 75 feet of a “regulated drain”;

(2) Lot is in or partially in the 100-year floodplain;

(3) Lot is within 50 feet of a natural drain or watercourse;

(4) Lot is within an area of localized flooding indicated by flood protection grades (FPG) on the subdivision plat or as determined by the Building Commissioner.

(1) Original ground contours (dashed) at two-and-one-half-foot or closer intervals on and within 100 feet of the lot to be built upon.

(2) Final contours (solid) at one-foot intervals on and within 50 feet of lot to be built upon.

(3) Location, size and invert elevation of drainage structures within 100 feet of the site.

(4) Centerline elevation of road and sidewalk elevations adjacent to the lot opposite lot corners and at high or low points.

(5) Present and proposed drainage ditches crossing or adjacent to the site with flow line elevations opposite lot lines including high points of swales between lots and flow direction arrows.

(6) Minimum allowable flood protection grade (FPG) from floodplain map, subdivision plat or drainage study.

(7) Proposed grades of lowest floors (includes garages, basements, or crawl spaces if constructed on fill) grades must be based on USGS datum.

(8) The site grading plan must be prepared and certified by a professional engineer or professional land surveyor, registered in the State of Indiana.

(9) If a retaining wall over six feet high will be used, the detail drawings of the wall shall be attached, certified by a professional engineer. [Ord. G-98-20, passed 7-6-98; Ord. G-85-30, passed 10-7-85; Ord. G-81-46, passed 4-17-75. 1962 Code, Art. 7, Ch. 4, § 3; 1982 Code § 150.117; 1983 Code § 15.150.117.]

15.05.390 Inspection.

The Building Commissioner shall keep files of all applications and proceedings pursuant to them, indexed by the location of the site by road name. The Building Commissioner shall be responsible for the enforcement of this article. The City Engineer shall assist the Building Commissioner on technical problems which may arise. The Building Commissioner or his authorized representative shall check each site upon completion of the proposed work. A written record shall be made of the improvements of the site as finally accepted. [Ord. G-81-46, passed 4-17-75. 1962 Code, Art. 7, Ch. 4, § 6; 1982 Code § 150.120; 1983 Code § 15.150.120.]

15.05.400 Permits and fees – Plans and specifications.

The Building Commissioner shall examine and inspect all drawings, details, plans, and specifications to verify all calculations, designs, strain sheets, and stress diagrams pertaining to building construction, alterations, or remodeling. Building permits shall not be issued on any class of work until the proper drawings have been submitted to and approved by the Commissioner. All drawings shall be self-explanatory and accompanied by standard specifications. All drawings shall be drawn to accurate scale, which scale shall be designated thereon. The Commissioner may reject any or all plans submitted. He shall retain on file a copy of the plans and specifications for any work involving an expenditure of $1,000 or more. [1962 Code § 1305.01; 1982 Code § 150.150; 1983 Code § 15.150.150.]

15.05.410 Filing plans and specifications.

Applications for permits for building, altering, and repairing any structure costing $1,000 or more shall be accompanied by one paper or electronic (e.g., Microsoft Word, Adobe PDF, etc.) copy of the complete plan, including elevations, details and specifications. [Ord. G-2012-4 § 3, passed 2-28-12. 1962 Code § 1305.02; 1982 Code § 150.151; 1983 Code § 15.150.151.]

15.05.420 Permits – Application.

(A) No building or any part thereof, or equipment for any building or part thereof, or equipment or any building or part thereof, or any sewer connection or part thereof, shall be installed, constructed, repaired, or altered except in conformity with this chapter, nor before a permit has been issued for the work. No work shall be started, nor shall materials be stored on any premises for the construction of any work, and no enclosing or protecting devices shall be used or erected, nor shall any excavations be made without first obtaining a permit to carry on the contemplated work. The owner or lessee of real estate on which the work is being done shall be jointly and severally responsible with the person doing the work for obtaining a permit. No building permit shall be issued until proper approvals have been obtained from the Area Plan Commission and the Water and Sewer Utility Department. Any individual found to be engaged in disposal of construction/demolition debris (including roofing) outside of State-licensed landfills shall have their license status reviewed by the appropriate trade license board with the assistance of the Board of Health and the Environmental Protection Agency and Indiana Department of Environmental Management.

(B) Upon the issuance of a permit, the permit card must be immediately displayed in a conspicuous place on the building or premises and shall not be removed until the work is completed. The failure to obtain a permit and to display it in a conspicuous place shall be a violation of this chapter, the penalty for which is provided in EMC 15.05.520. The permit for building operations shall cover only the work contemplated as stated on the application blank and shall not give any owner, agent, architect, contractor, or craftsman any right or privilege except those pertaining to the construction of the work or the maintenance of the work under the provisions of this chapter. The street address number for any structure under construction shall be posted at all times during construction and until address numbers are permanently displayed as required in EMC 15.15.120. The temporary numbers shall be at least four inches in height, placed or painted on a contrasting background, and clearly visible from the street.

(C) Contractors and workmen shall not allow the accumulation of building waste and rubbish on public property. All straw, litter, shavings, and like material shall be confined in sacks or boxes to prevent their scattering; soil shall not be allowed to accumulate; gutters and drains shall be kept open; and all waste, scraps, dirt, or litter shall be removed. All hauling shall be done in trucks which shall be so loaded that they will not scatter sand, gravel, straw, water, or materials in the streets nor allow dust to be scattered therefrom.

(D) Application for a permit shall be a sworn affidavit to cover the exact cost of the work contemplated, its costs in full, and its location. The proper drawings must accompany the application for a permit with all necessary details and data sheets. The permit shall give all information relative to the owner, the architect or superintendent, the contractor, the cost of the building, and the price of the building permit. It shall also state the length of time allowed for the construction of the building. The applicant for a building permit shall be required to state in the affidavit made by him, or his architect, engineer, contractor, or agent, the following:

(1) The plans and specifications covering the contemplated operations are intended to comply with this code, and do or do not include everything required for the completion of the contemplated operation and its intended occupancy.

(2) The stated cost of the operation is inclusive of items necessary for completion, and if not inclusive shall state those items as may be omitted from the total cost and an estimate of their cost.

(3) All calculations and computations pertaining to the strength and stability of the contemplated structure have been made by an individual, firm, or corporation recognized as legally competent to make the computations. An accurate copy of all the computations shall be on file and preserved by the person making the computations, and will, upon demand, be exhibited to the Building Commissioner for the purposes of verification, investigation, or public record.

(4) If additional work is required that is not covered in full in an original application, it shall be required to submit additional affidavits to conform to the requirements of subsections (D)(1) through (3) of this section, and an additional permit shall be applied for before any actual work is begun.

(5) The Building Commissioner shall be notified before the occupancy of any building constructed under the terms of this code, and a certificate of inspection or certificate of occupancy, as applicable, may be issued by the Building Commission when construction of the building conforms to the provisions of this chapter.

(6) The tax code number or numbers of the site.

(E) In the event that the construction, reconstruction, alteration, or remodeling work for which a permit is required involves or includes the construction, installation, reconstruction, or alteration of any process, fuel-burning or refuse-burning equipment, or control equipment pertaining thereto, no person shall present an application for a building permit nor shall the application be accepted by the Commissioner until it is first approved by the Evansville Environmental Protection Agency.

(F) Under emergency conditions declared by the Mayor of the City of Evansville, provisions of this section may be modified to reduce procedural and economic impact on its citizens. These procedures may include, but not be limited to, on-site issuance of permits, reduction or elimination of fees in the case of natural disaster induced damage repairs, reduction of required inspections when work is performed by licensed contractors, reduction of scope of plans required for repairs and other procedural requirements. Under no circumstances will permanent repairs be approved if not in compliance with applicable codes. [Ord. G-2012-4 § 4, passed 2-28-12; Ord. G-2008-8 § 2, passed 3-18-08; Ord. G-93-23, passed 12-7-93; Ord. G-85-30, passed 10-7-85; Ord. G-68-22, passed 11-3-69; Ord. G-65-27, passed 1-3-66. 1962 Code § 1305.03; 1982 Code § 150.152; 1983 Code § 15.150.152.]

15.05.430 Permit fees and expiration.

(A) No building permit shall be issued prior to paying of the fee described in EMC 15.05.470 for contemplated work. Governmental entities shall, when permits are required by this title, pay no fee for the structural permit; subsequent permits for that location will be issued at no charge.

(B) Permits issued under this article will expire one year from date of issuance, unless a written request is submitted by the applicant and approved by the Building Commissioner. Refunds of fees for permits not utilized shall not be made after one year from date of issuance. All permits shall be void, if construction is not commenced within one year of date of issuance. Where work requiring a permit is started before a permit is obtained, the fee shall be tripled, payment of which does not relieve any person from fully complying with the requirements of this code or from other penalties prescribed herein. [Ord. G-93-23, passed 12-7-93; Ord. G-73-16, passed 6-25-73. 1962 Code § 1305.04; 1982 Code § 150.153; 1983 Code § 15.150.153.]

15.05.440 Permits to move buildings.

No building shall be moved to a new location within the City without a permit having been issued therefor by authority of the Board of Public Safety. The person desiring the removal shall file with the Department of Buildings his written application therefor, setting forth the kind of building to be moved, its dimensions, extreme length, width, and height, its present location, and the particular lot or site to which it is proposed to be moved. As a condition precedent to the issuance of the permit, the Board of Public Safety shall require a bond to be executed by the person desiring the removal, with surety to the satisfaction of the board. This bond shall be in those terms and for the amount the board may prescribe, conditioned upon the strict compliance with the terms of the permit as to the route to be taken, the limit of time in which to effect the removal, to repair or compensate for repair, to pay all damages whatsoever occasioned by or incident to the removal, and to pay to the City, as liquidated damages, in an amount not exceeding $50.00 to be fixed by the board, for each and every day’s delay in completing the removal or in repairing any damages to public property or public improvements or in clearing public highways of all debris occasioned thereby. The Building Commissioner shall thoroughly examine the building and refer the papers aforesaid, relating to its removal, to the Board of Public Safety, together with his opinion endorsed in writing on the application as to whether the proposed removal can be made without serious injury to person or property. The board may thereupon order the issuance of a permit for the removal, designating therein the particular streets or alleys along which the removal shall be made; provided, that the removal can, in the opinion of the board, be made without serious injury to pavements and other public improvements, and the tax code number or numbers of both the present location and the location to which it is proposed to be moved. [Ord. G-85-30, passed 10-7-85. 1962 Code § 1305.05; 1982 Code § 150.154; 1983 Code § 15.150.154.]

15.05.450 Notice to remove wires and poles.

(A) With the issuance of the permit, if moving a building shall bring it in contact with any wires, poles, or lamps of any electric light company, or with any telephone, telegraph, fire, or alarm wires or poles, the Board of Public Safety shall cause the applicant for the permit to serve written notice on each electric light company, telegraph company, telephone company, and on the Fire and Police Departments and other persons whose wires or poles may be affected, that the permit has been granted and that the moving of the building will necessitate the lowering, cutting, or removal of the wires or poles owned or controlled by the company or department, or other persons at the places named in the notice. The notice shall be served at least 48 hours prior to the time the building is to be moved across or on any street or alley, which moving is obstructed by any wires or poles.

(B) Upon the serving of the notice on the persons whose wires or poles may be affected by the moving of the building, it shall be the duty of any persons owning or controlling any wires to raise the wires, if this will permit the passage of the building, or to cut or remove the wires or poles, so as to allow the passage and moving of the building along or across any street or alley which it will be necessary to pass along or across to reach the point of destination of the building as given in the notice. No person shall refuse to raise, if that shall be sufficient, or cut or remove the wires or poles at the places specified in the notice, after being so notified, as herein provided. [1962 Code § 1305.07; 1982 Code § 150.155; 1983 Code § 15.150.155.]

15.05.460 Certificate of occupancy.

(A) Upon completion of any building, structure, or alteration, and if no violation of this chapter exists, the Building Commissioner shall issue to the owner a certificate of occupancy, stating the purposes for which the building or structure may be used, also the maximum live load, and the maximum number of persons that may be accommodated on each floor thereof. The Commissioner shall issue a certificate of occupancy allowing the use of a portion of any building, provided no violation of this chapter exists against that portion, and that the temporary use of the portion shall not endanger life or property.

(B) No building, structure, or part thereof shall be altered or converted in a manner to affect its occupancy or use for any purposes whatsoever until a certificate of occupancy has been issued. No building, structure, or part thereof shall be occupied or used for any other purpose, or in any manner other than that prescribed in the certificate of occupancy. No building, structure, or part thereof shall be burdened by any greater load, or occupied by a greater number of persons, than designated in the certificate. The owners of all classes of public and semipublic buildings, hotels, lodging houses, theaters, motion picture houses, hospitals, sanitariums, lodge halls, dance halls, assembly rooms, schools, office buildings, lofts, manufacturing plants, warehouses, storage rooms, and any and all other classes of buildings used for manufacturing purposes or for the assembly of crowds of people, shall post in a conspicuous place in each story one or more signs giving the maximum number of persons, the purposes of use, and the maximum live load for which a certificate has been issued for that particular story.

(C) In the cases of all existing buildings, the Commissioner may make any orders to increase exit facilities, fire escapes, or stairways, or an order for fire protections in the way of sprinklers, hydrants, or extinguishers, or any other protection, or require any changes in sanitary equipment, arrangement of machinery, protection of elevators and shafts, or any general changes as may be a benefit to the public or occupants of the affected building. Any person affected by the Commissioner’s order may appeal the order to the Board of Appeals as provided in Section 15.150.166.

(D) No change in the manner of occupancy shall be made in any story of any building or structure, or portion thereof, tending to increase the floor loads or the number of persons to be accommodated therein until there shall have been issued by the Commissioner a certificate of occupancy covering the new use or manner of occupancy. The manner of occupancy or the purpose for which any building or structure or portion thereof is used shall not be changed, except in conformity with the requirements of this chapter as to exits and floor loads. The Commissioner, in addition to having the power to modify, alter, or change the existing conditions in any building, may upon order cause the vacation of any building or premises. These orders shall state in full the reasons for vacations and the time allowed for them. Where the conditions are urgent, the Commissioner shall cause immediate vacation of any building or premises. [1962 Code § 1305.08; 1982 Code § 150.156; 1983 Code § 15.150.156.]

15.05.470 Building and construction fee schedule.

Fees for the issuance of the various permits provided for by this article shall be in the amounts delineated below:

(A)	Building Permits and Inspection Fees
	(1)	One- and two-family dwellings and modular homes including additions:
		(a)	General rate per square foot of gross floor area including each floor, basement floor area, habitable attic, covered porch, attached garage/carport, attached decks more than 30 inches above finished grade Minimum fee	$0.06 $100.00
		(b)	Detached garages/carports and residential or agricultural out-buildings over 100 square feet (per square foot) Minimum fee	$0.06 $50.00
		(c)	Portable buildings without utilities, less than 200 square feet	N/C
		(d)	Foundation for moved house	$40.00
		(e)	Manufactured and mobile homes located or relocated in mobile home parks	$50.00
	(2)	Multifamily dwellings:
		(a)	General rate	Same as one- and two-family dwellings
			Minimum fee	$250.00
		(b)	All other fees and minimums	Same as one- and two-family dwellings
	(3)	All other new construction and additions1:
		(a)	All “A” occupancies as defined by Indiana Building Code, per gross square foot	$0.08
		(b)	All “B” occupancies as defined by Indiana Building Code, per gross square foot	$0.06
		(c)	All “E” and “I” occupancies as defined by Indiana Building Code, per gross square foot	$0.08
		(d)	All “H” occupancies as defined by Indiana Building Code, per gross cubic foot	$0.08
		(e)	All “M” occupancies as defined by Indiana Building Code, per gross cubic foot	$0.06
		(f)	Minimum fees for subsections (A)(3)(a) through (e) of this section	$50.00
		(g)	Retaining walls and fences	< 6 ft. $30.00
		(g)	Retaining walls and fences	> 6 ft. $30.00 + $5.00 per ft.
		(h)	Towers over 30 feet tall	$50.00
	(4)	Roofing, including new, replacement and repair:
		(a)	Commercial, per gross square foot	< 100 sq. ft. $125.00
		(a)	Commercial, per gross square foot	> 100 sq. ft. $125.00 + $0.30 per sq. ft.
		(b)	Residential, per building	$30.00
	(5)	Foundation permit (nonrefundable)		Residential: $30.00
	(5)	Foundation permit (nonrefundable)		Commercial: $75.00
	(6)	Permit Extensions. To extend any permit beyond one year of its issuance and each subsequent renewal, the applicant shall pay the following fees:
		(a)	Residential	$30.00
		(b)	Commercial	$100.00
(B)	Electrical Permits and Inspection Fees
	(1)	Services:
		(a)	< 400 amps	$30.00
		(b)	> 400 amps	$30.00 + $12.50 per each 100 amps over 400 amps
	(2)	Per circuit, per building:
		(a)	< 100 amps	$1.50
		(b)	> 100 amps	$4.00
	(3)	Repair, remodel (no new circuits)		Residential: $30.00
	(3)	Repair, remodel (no new circuits)		Commercial: $50.00
	(4)	Temporary service		$30.00
	(5)	Gas/electric activation		$30.00
(C)	Plumbing Permits and Inspection Fees
	(1)	Fixtures and openings (each)		$6.00
	(2)	Sanitary sewer Water service Water heater Gas piping Orifice change (when installed with subsection (C)(1) of this section)		$6.00 $6.00 $6.00 $6.00 $6.00
	(3)	Water heater or fixture replacement		Residential: $25.00
	(3)	Water heater or fixture replacement		Commercial: $50.00
	(4)	Grease trap		$35.00
	(5)	New gas meter		Residential: $30.00
	(5)	New gas meter		Commercial: $50.00
	(6)	Minimum fee (for subsections (C)(1) and (2) of this section)		$30.00
(D)	HVAC Permit and Inspection Fees
	(1)	New unit heat		$1.50 per 10,000 BTU
		Residential:		$30.00
		Commercial:		$60.00
	(2)	Repairs – Replacement. For repairs and replacements for units of same type and size in BTU and efficiency as original unit, the following fees shall apply:
		Orifice change		$30.00
		Gas piping		$30.00
		Factory-built fireplaces		$30.00
		Residential duct work only		$30.00
		Commercial duct work only		$10.00 per $1,000 of cost
	(3)	Fire suppression hood		$35.00
	(4)	Minimum fee (any permit)		$30.00
(E)	Air Conditioning Permit and Inspection Fees2 Based on 12,000 BTU per ton
	(1)	New unit
		(a)	1 – 60,000 BTU	$45.00
		(b)	60,001+ BTU – per 12,000 BTU	$8.00
	(2)	Replacement, add-on unit		$35.00
		(a)	For repairs and replacements for units of same type and size in BTU and efficiency as original unit	Residential: $25.00
		(a)		Commercial: $75.00
		(b)	For the installation or the replacement with a 12 SEER+ residential AC replacement unit	$12.50
	(3)	Minimum fee (any permit)		Residential: $30.00
	(3)	Minimum fee (any permit)		Commercial: $60.00
(F)	Steam Fitting Permits and Inspection Fees
	(1)	Boilers, hot water, low and high pressure steam systems:		$6.00 per 10,000 BTU (Divide total BTU by 10,000; multiply by $6.00)
	(2)	Repair and minimum fee		$75.00
(G)	Commercial Refrigeration Permits and Inspection Fees
	(1)	Installation or replacement:		$8.00 per 12,000 BTU (Divide total BTU by 12,000; multiply by $8.00)
	(2)	Repair and minimum fee		$75.00
(H)	Sign Permits and Inspection Fees (Per Pole)
	(1)	Head change		$35.00
	(2)	Nonilluminated single face/double face		$60.00
	(3)	Illuminated single face/double face		$125.00
(I)	Fees for Moving Buildings
	(1)	Residential		$100.00
	(2)	Commercial		$200.00
(J)	Fees for Wrecking Buildings
	(1)	Residential		$35.00
	(2)	Commercial		$125.00 + $10.00/floor > 1
(K)	Fire Sprinkler Systems
	(1)	Repair or relocation of up to 50 heads		$30.00
	(2)	Relocation of more than 50 heads, addition of 10 or fewer heads		$60.00
	(3)	New installation or addition of more than 10 heads		$90.00
(L)	Fire Alarm Systems
	(1)	Alteration or addition to existing system		$35.00
	(2)	New system		$60.00
(M)	Pool Permit
	(1)	Diameter of pool < 24 ft.		$30.00
	(2)	Diameter of pool > 24 ft.		$50.00
	(3)	Commercial		$150.00

1. Square foot method for new construction may be used, if fee is less than for remodeling.

2. If the heating and air conditioning are installed or replaced at the same time in a one- or two-family dwelling, a fee reduction of $5.00 may be deducted from the total permit cost.

[Ord. G-2017-29 § 1, passed 10-12-17; Ord. G-2012-4 § 5, passed 2-28-12; Ord. G-2008-37 §§ 6 – 9, passed 1-8-09; Ord. G-2006-12, passed 6-20-06; Ord. G-2000-22, passed 10-20-00; Ord. G-98-20, passed 7-6-98; Ord. G-94-31, passed 1-24-95; Ord. G-93-23, passed 12-7-93; Ord. G-91-11, passed 4-30-91; Ord. F-82-28, passed 12-6-82; Ord. 73-16, passed 6-25-73. 1982 Code § 150.158; 1983 Code § 15.150.158.]

15.05.480 Exemption from building and construction fee schedule.

(A) Any new single-family house constructed by a not-for-profit organization exempt from income taxes under 26 USCA 501 of the Internal Revenue Code shall be exempt from the fees delineated in EMC 15.05.470 so long as all of the following apply:

(1) The house is constructed for sale to low income individuals who could not otherwise afford such a home;

(2) The purchaser of the house is not an officer or employee of the not-for-profit organization;

(3) The house is not constructed for the use of the not-for-profit organization;

(4) The not-for-profit organization complies with all fair housing laws and does not discriminate against any potential purchaser on the basis of race, color, creed, religion, national origin, sex or handicap; and

(5) The not-for-profit organization does not charge interest to the purchaser.

All other provisions of this chapter shall apply including, but not limited to, obtaining all necessary permits and construction standards.

(B) Any single-family house to be remodeled or relocated by a not-for-profit organization exempt from income taxes under 26 USCA 501(C) of the Internal Revenue Code shall be exempt from the fees provided by EMC 15.05.470 so long as all of the following apply:

(1) The house is remodeled or relocated for sale or lease to low income individuals (as defined by the U.S. Department of Housing and Urban Development);

(2) Such low income purchaser or tenant is not an officer, agent or employee of said not-for-profit organization;

(3) The house is not remodeled or relocated for the use of the not-for-profit organization; and

(4) Said not-for-profit organization complies with all fair housing laws and does not discriminate against any potential purchaser or tenant on the basis of race, color, creed, religion, national origin, sex or handicap.

All other provisions of this chapter shall apply including, but not limited to, obtaining all necessary permits and construction standards. [Ord. G-2011-5 § 1, passed 4-5-11; Ord. F-93-2, passed 2-24-93; Ord. G-92-7, passed 5-11-92. 1982 Code § 150.159; 1983 Code § 15.150.159.]

Article VIII. Enforcement

15.05.490 Building Inspection Section of Department of Code Enforcement.

(A) Under the jurisdiction of the Board of Public Safety there is created and established the Building Inspection Section of the Department of Code Enforcement, the officers and employees of which shall enforce the provisions of this chapter.

(B) The administration of the Building Inspection Section shall cover fully the survey and inspection of all classes of buildings in the process of construction and already constructed, and all laws and ordinances relative to their erection, construction, alteration, repair, removal, and safety, of all building structures, elevators, heating apparatus, gas fitting, house drainage and plumbing, electric wiring and equipment, air conditioning, refrigeration, prevention of smoke, construction of spires, towers, chimneys, fire escapes, and fire protective devices.

(C) The Building Inspection Section shall pass upon all questions relative to the strength of materials, with reference to their quality, durability, and their use in structures. It shall examine and approve all plans and specifications before issuing permits, shall have the power of signing and issuing permits, certificates, bulletins, or notices, and shall have the power to revoke them, except as may hereinafter be provided. The Building Inspection Section shall promptly acknowledge the receipt of all official communications, notices, and reports. It shall inspect all buildings used for schools, auditoriums, theaters, hotels, hospitals, lodge halls, and places of public assembly, as well as all buildings used for manufacturing purposes, factories, storage, and warehouses. It shall examine the buildings for the purpose of determining the safety thereof in the event of fire or accident, with respect to entrances, openings, passageways, halls, stairways, fire escapes, and other means of exit or egress. The Building Inspection Section shall examine the strength of floors of the buildings and the column and beam framing to determine the safety of the buildings, examine the storage contents both from the standpoint of load and the safeguarding taken therefor for the control of fires and limitations of conflagration. It shall issue orders for remedying any difficulties of this character under its observation and cause the immediate prosecution of any person violating the law or this chapter in relation thereto. The Building Inspection Section shall maintain an accurate building record of all work carried on in the City, as well as a report of daily operations showing the investigation and disposition of each individual case.

(D) The Inspectors for the Building Inspection Section shall follow carefully the process of erection of all structures for which building permits have been issued by the Building Inspection Section. Everything pertaining to, affected by, or part of any building in the process of construction, or any existing building, shall be under the jurisdiction of the Building Inspection Section. The Building Inspection Section and its Inspectors shall have jurisdiction of all problems relating to excavating, soil-bearing, needling, shoring, underpinning, form work, framing construction, the inspection of iron and steel, the construction and assembly of masonry, concrete, brick, stone, cement and tile, foundations, fireproofing, plastering, dampproofing, timber construction and framing, general carpentry construction, mechanical equipment, plumbing, heating and electric wiring relative to buildings, fire escapes, stairways, signs, skylights, elevators, escalators, and any and all equipment used in the construction of, remodeling, or repairs of any buildings, or consisting of any part thereof, all of which are covered in full by this chapter. [Amended during 2009 recodification. 1962 Code §§ 1301.01, 1301.04; 1982 Code § 150.165; 1983 Code § 15.150.165.]

15.05.500 Authority to require tests or analyses.

(A) The Building Inspection Section of the Department of Code Enforcement shall have the right to demand special tests at manufacturers’ expense on any new or untried materials, and shall not allow any work to proceed where the use of the materials is involved until satisfied in every detail that the materials are of proper quality or strength and properly used.

(B) For commercial or industrial projects over $1,000,000, the Building Inspection Section may require the owner or contractor of projects to provide third-party inspections under the following conditions:

(1) The project is too large for the Building Inspection Section staff to reasonably be expected to make required inspections in a timely manner;

(2) Any aspect of the project is beyond the normal capabilities of a qualified inspector; or

(3) The Building Commission and owner or contractor agree that it is in the best interest of the project.

Unless otherwise agreed, the third-party inspector shall be an Indiana-registered engineer or architect, shall provide at least weekly certified reports to the Department of Buildings, and shall promptly, i.e., within 24 hours (weekends and City-observed holidays excluded), notify the Department of Buildings of any deficiencies found during the inspection process. [Ord. G-98-20, passed 7-6-98. 1962 Code § 1303.04; 1982 Code § 150.167; 1983 Code § 15.150.167.]

15.05.510 Right of entry – Stop work orders.

The Building Inspection Section of the Department of Code Enforcement and any or all of its Inspectors are authorized and directed to enforce all the provisions of this chapter, and for this purpose they shall have the power of police officers. The Building Inspection Section and its Inspectors shall have at all times the right to enter any buildings, sites, premises, or on any work in process of construction, upon showing proper credentials. Any person interfering with the Building Inspection Section and its Inspectors in the performance of their duties shall be liable to the penalties established in EMC 15.05.520. At any time during the process of building work, the Inspectors, upon finding any violations of this chapter, the use of improper materials or improper methods of construction, or anything that may interfere with or cause damage to life, health, or property, may stop work on the project and cause the immediate cessation of work on all or part of the construction. Where this action is taken, there shall be no resumption of any work without first having obtained written authority to proceed. Any violation of these orders shall be punishable by the penalty provided in EMC 15.05.520. [1962 Code § 1301.03; 1982 Code § 150.168; 1983 Code § 15.150.168.]

15.05.520 Penalties and fines for specific offenses.

Any person violating any of the provisions and fails to conform to any of the provisions of this title, with the exception of EMC 9.20.010 and Chapter 15.15 EMC, Property Maintenance Code, or failing to obey or execute any order of the Building Commissioner, or the Evansville Board of Public Safety, or the Joint Department of Building Commissioners issued in pursuance to this title, shall be fined not more than $2,500 for the first offense, $5,000 for the second offense and $7,500 for the third offense. Where such violation is of a continuing nature, each day the person violates any provisions, fails to conform to any order, or fails to comply with any of the provisions of this title shall be deemed a separate offense.

Fine Schedule for Specific Offenses
			Commercial	Residential
(A)	Hiring Unlicensed Contractor (Owner or General Contractor)
		1st	$2,500	$500.00
(3-year period)		2nd	$5,000	$1,000
		3rd	$7,500	$2,500
(B)	Working without License
		1st	$2,500	$500.00
(3-year period)		2nd	$5,000	$1,000
		3rd	$7,500	$2,500
(C)	Working without Permit
		1st	$500.00	$250.00
(1-year period)		2nd	$2,500	$1,000
		3rd	$7,500	$2,500
(D)	Piggybacking
		1st	$2,500	$500.00
(3-year period)		2nd	$5,000	$1,000
		3rd	$7,500	$2,500
(E)	Code Violation (minor)
		1st	$500.00	$100.00
(1-year period)		2nd	$750.00	$150.00
		3rd	$1,000	$500.00
(F)	Code Violation (major)
		1st	$1,000	$250.00
(1-year period)		2nd	$2,500	$750.00
		3rd	$5,000	$1,000

[Ord. G-2008-37 § 10, passed 1-8-09. 1983 Code § 15.150.999.]