Chapter 15.10
BUILDING CODE
Sections:
15.10.050 Adoption of regulations by reference.
15.10.060 Application for permits.
15.10.080 Compliance with other ordinances.
15.10.090 Fees and required inspections.
15.10.100 Review of application.
15.10.120 Inspection assistance.
15.10.150 Certificate of occupancy.
15.10.010 Title.
This chapter, and all ordinances supplemental or amendatory hereto, shall be known as the “Building Code of the Town of Highland, Indiana,” may be cited as such, and will be referred to as “this code.” [Ord. 926, 1986. Code 1983 § 5-4; Code 2000 § 210.015].
15.10.020 Purpose.
The purpose of this code is to provide minimum standards for the protection of life, limb, health, environment, public safety and welfare, and for the conservation of energy in the design and construction of buildings and structures. [Ord. 926, 1986. Code 1983 § 5-5; Code 2000 § 210.016].
15.10.030 Authority.
The building inspector or his designee is hereby authorized and directed to administer and enforce all of the provisions of this code. Whenever in the building regulations it is provided that anything must be done to the approval of or subject to the direction of the building inspector or his designee or any other officer of the town of Highland, Indiana, this shall be construed to give such officer only the discretion of determining whether the rules and standards established by ordinance have been complied with; and no such provision shall be construed as giving any officer discretionary powers as to what such regulations, codes, or standards shall be, or power to require conditions not prescribed by ordinances or to enforce ordinance provisions in an arbitrary or discriminatory manner. [Ord. 926, 1986. Code 1983 § 5-6; Code 2000 § 210.017].
15.10.040 Scope.
The provisions of this code apply to the construction, alterations, repair, use, occupancy, maintenance, and additions to all buildings and structures, other than fences, in the town of Highland, Indiana. [Ord. 926, 1986. Code 1983 § 5-7; Code 2000 § 210.018].
15.10.050 Adoption of regulations by reference.
The following rules, regulations, and codes are hereby adopted by reference as the rules and regulations governing the construction and alteration of buildings and structures in the town of Highland, Indiana:
(A) Building rules of the Indiana Fire Prevention and Building Safety Commission as set out in the following articles of IAC Title 675 are hereby incorporated by reference in this chapter and shall include later amendments, those articles as the same are published in the Indiana Register for the Indiana Administrative Code with effective dates affixed therein:
(1) Article 13, Building Codes.
(a) Fire and Building Safety Standards.
(b) Indiana Building Code.
(c) Indiana Building Code Standards.
(d) Indiana Handicapped Accessibility Code.
(2) Article 14, One- and Two-Family Dwelling Codes.
(a) Council of American Building Officials One- and Two-Family Dwelling Code.
(b) CABO One- and Two-Family Dwelling Code; Amendments.
(c) Standard for Permanent Installation of Manufactured Homes.
(3) Article 16, Plumbing Codes.
(a) Indiana Plumbing Code.
(4) Article 17, Electrical Codes.
(a) Indiana Electrical Code.
(b) Safety Code for Health Care Facilities.
(5) Article 18, Mechanical Codes.
(a) Indiana Mechanical Code.
(6) Article 19, Energy Conservation Codes.
(a) Indiana Energy Conservation Code.
(b) Modifications to the Model Energy Code.
(7) Article 20, Swimming Pool Codes.
(a) Indiana Swimming Pool Code.
(B) Two copies of adopted building rules, codes and standards are on file in the office of the clerk-treasurer of the town of Highland and available for public inspection, pursuant to IC 36-1-5-4. [Ord. 926, 1986; Ord. 926A, 1988; amended during 2012 recodification. Code 1983 § 5-8; Code 2000 § 210.019].
15.10.060 Application for permits.
No building permit shall be issued for the foregoing purposes unless the application for a permit is accompanied by a plat or sketch of the proposed location showing lot boundaries, and by plans and specifications showing the work to be done. In addition, a copy of a design release, issued by the State Building Commissioner and the State Fire Marshal pursuant to IC 22-15-3-1, shall be provided to the building commissioner before issuance of a permit for construction covered by such design release. [Ord. 926, 1986; Ord. 926A, 1988. Code 1983 § 5-9; Code 2000 § 210.020].
15.10.070 Permit required.
A permit shall be obtained before beginning construction, alteration, or repair of any building or structure, the cost of which exceeds $500.00, using forms furnished by the building inspector or his designee, and all fees required by this code shall be paid to the clerk-treasurer of the town of Highland. [Ord. 926, 1986; Ord. 926A, 1988. Code 1983 § 5-10; Code 2000 § 210.021].
Penalty, see HMC 15.05.030.
15.10.080 Compliance with other ordinances.
All work done under any permit issued hereunder shall be in full compliance with all other ordinances pertaining thereto, and in addition to the fees for permits hereinafter provided for, there shall be paid the fees prescribed in such ordinances. [Ord. 926, 1986. Code 1983 § 5-11; Code 2000 § 210.022].
15.10.090 Fees and required inspections.
All permits required by this chapter shall be issued upon prior payment of permit and inspection fees according to the following schedules:
(A) Building Permit Fees (See HMC 15.05.020). For the purpose of determining the amount of the building permit fee, the total valuation shall be based on the current square footage cost data published by a recognized construction data service, multiplied by the number of square feet of total square footage of the structure (overall outside dimensions).
(B) Wrecking permit fees (see HMC 15.05.020).
(C) Inspection Fees (See HMC 15.05.020). For unusually large or complex buildings or structures, the building commissioner shall have the power to increase the number of required inspections with the contractor/owner having the right to appeal to the town council. The building commissioner or his designee shall in all cases designate the stage of construction when each required inspection must be requested by the permit holder. No concrete shall be placed for foundations without prior inspection. No electrical, mechanical, plumbing, or thermal insulation work shall be covered without prior inspection. Where additional inspections are required due to a failure of the permit holder to have work pay for inspection at a designated stage of construction, the building commissioner or his designee shall have the power to assess a reinspection fee (see HMC 15.05.020) for each additional inspection. Reinspection fees shall be paid to the clerk-treasurer of the town of Highland prior to the issuance of a certificate of occupancy. The building commissioner or his designee shall submit an annual report to the town council of the town of Highland which shall include an analysis of inspections performed, permit fees collected, cost of inspection operations and recommendations for adjustment of required inspections and single inspection fees as necessary.
(D) No permit fees to be imposed on municipal government or its executive departments, churches and public or parochial schools. The town of Highland, including its executive departments, nor any church or public or parochial school shall be required to pay any permit fees normally required under this section. This exemption applies only to permit fees. It does not apply to any inspection or other fees payable by the municipality or its executive departments, or any church, public school or parochial school as otherwise required by this code. [Ord. 926, 1986; Ord. 926B, 1989; Ord. 988, 1993; Ord. 988A, 1993; Ord. 1025, 1995; Ord. 1333 § 1, 2006. Code 1983 § 5-12. Code 2000 § 210.023].
15.10.100 Review of application.
Prior to the issuance of any building permit hereunder, the building inspector or his designee shall:
(A) Review all building permit applications to determine full compliance with the provisions of this chapter.
(B) Review all building permit applications for new construction or substantial improvements to determine whether proposed building sites will be reasonably safe from flooding.
(C) Review building permit applications for major repairs within the floodplain area having special flood hazards to determine that the proposed repair uses construction materials and utility equipment that are resistant to flood damage, and uses construction methods and practices that will minimize flood damage.
(D) Review building permit applications for new construction or substantial improvements within the floodplain area having special flood hazards to assure that the proposed construction (including prefabricated and mobile homes) is protected against flood damage, is designed (or modified) and anchored to prevent flotation, collapse, or lateral movement of the structure, flood damage, and uses construction methods and practices that will minimize flood damage. [Ord. 926, 1986. Code 1983 § 5-13. Code 2000 § 210.024].
15.10.110 Inspections.
After the issuance of any building permit hereunder, the building inspector or his designee shall make, or shall cause to be made, such inspections of the work being done under such permit as are necessary to ensure full compliance with the provisions of this chapter and the terms of the permit. Reinspections of work found to be incomplete or not ready for inspection are subject to assessment of reinspection fees as prescribed in this code. [Ord. 926, 1986. Code 1983 § 5-14. Code 2000 § 210.025].
15.10.120 Inspection assistance.
The chief of the fire department, or his designated representative, shall assist the building inspector in the inspection of fire suppression, detection and alarm systems and shall provide reports of such inspection to the building inspector. [Ord. 926A, 1988. Code 1983 § 5-15. Code 2000 § 210.026].
15.10.130 Entry.
Upon presentation of proper credentials, the building inspector or his duly authorized representatives may enter any building, structure, or premises in the town of Highland to perform any duty imposed upon him by this code. Entry shall occur during reasonable business hours. Entry shall be with the consent of a rightful occupant of the premises, except where a public safety emergency justifies a warrantless entry. If entry is refused, a warrant may be procured to inspect the premises under the terms of IC 36-7-9-15. [Ord. 926, 1986; Ord. 926A, 1988; amended during 2012 recodification. Code 1983 § 5-16. Code 2000 § 210.027].
15.10.140 Stop order.
Whenever any work is being done contrary to the provisions of this code, the building inspector or his designee may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the building inspector to proceed with the work. [Ord. 926, 1986; Ord. 926A, 1988. Code 1983 § 5-17. Code 2000 § 210.028].
15.10.150 Certificate of occupancy.
No certificate of occupancy for any building or structure erected, altered, or repaired after the adoption of this chapter shall be issued unless such building or structure was erected, altered, or repaired in compliance with the provisions of this chapter. [Ord. 926, 1986; Ord. 926A, 1988. Code 1983 § 5-18. Code 2000 § 210.029].
15.10.160 Standards.
All work on the construction, alteration, and repair of buildings and other structures shall be performed in a good and workmanlike manner according to accepted standards and practices in the trade. [Ord. 926, 1986; Ord. 926A, 1988. Code 1983 § 5-19; Code 2000 § 210.030].
Penalty, see HMC 15.05.030.
15.10.170 Violations.
It shall be unlawful for any person, firm, or corporation, whether as owner, lessee, sublessee, or occupant, to erect, construct, enlarge, alter, repair, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure, other than fences, in the town of Highland or cause or permit the same to be done, contrary to or in violation of the provisions of this code. [Ord. 926, 1986; Ord. 926A, 1988. Code 1983 § 5-20; Code 2000 § 210.031].
Penalty, see HMC 15.05.030.
15.10.180 Right of appeal.
All persons shall have the right to appeal the building inspector’s decision, first through the town of Highland, and then to the Fire Prevention and Building Safety Commission of Indiana in accordance with IC 22-13-2-7 and 4-21.5-3-7. [Ord. 926, 1986; Ord. 926A, 1988. Code 1983 § 5-21; Code 2000 § 210.032].
15.10.190 Remedies.
The building inspector shall in the name of the town council of the town of Highland bring actions in the superior or circuit courts of Lake County, Indiana, for mandatory and injunctive relief in the enforcement of and to secure compliance with any order or orders made by the building inspector or his designee, and any such action for mandatory or injunctive relief may be joined with an action to recover the penalties provided for in this chapter. [Ord. 926, 1986; Ord. 926A, 1988. Code 1983 § 5-22; Code 2000 § 210.033].