Chapter 150 BUILDING CODE; UNSAFE BUILDINGS

The purpose of this subchapter is to protect the life, public safety, health and general welfare of the citizens of Rensselaer, Indiana, and shall be construed in such a manner to effectuate this purpose.

(Ord. 03-2010, passed 3-8-10)

150.03 ESTABLISHMENT OF THE OFFICE OF BUILDING COMMISSIONER.

There is hereby created and established the office of Building Commissioner of the city. The Building Commissioner shall be appointed by the Mayor, by and with the advice and consent of the Common Council. The Building Commissioner shall not be actively engaged in the construction field or related activities within the city during his or her employment as Building Commissioner.

(Ord. 03-2010, passed 3-8-10)

150.04 DEFINITIONS.

Unless otherwise clearly indicated by its context, the words and terms defined in this section shall have the specified meanings.

BUILDING COMMISSIONER. As used in this subchapter, refers to the individual appointed by the Mayor pursuant to § 150.03 above and includes individuals employed by the Building Department that are authorized to represent the Building Commissioner.

CLASS 1 STRUCTURE. Pursuant to I.C. 22-12-1-4 has the following definition:

(1) CLASS 1 STRUCTURE means any part of the following:

(a) A building or structure that is intended to be or is occupied or otherwise used in any part by any of the following:

1. The public.

2. Three or more tenants.

3. One or more persons who act as the employees of another.

(b) A site improvement affecting access by persons with physical disabilities to a building or structure described in division (a) above.

(c) Any class of buildings or structures that the Commission determines by rules to affect a building or structure described in division (a), except buildings or structures described in divisions (3) through (6) below.

(2) Division (1)(a) includes a structure that contains three or more condominium units (as defined in I.C. 32-25-2-9) or other units that:

(a) Are intended to be or are used or leased by the owner of the unit; and

(b) Are not completely separated from each other by an unimproved space.

(3) Division (1)(a) does not include a building or structure that:

(a) Is intended to be or is used only for an agricultural purpose on the land where it is located; and

(b) Is not used for retail trade or is a stand used for retail sales of farm produce for eight or less consecutive months in a calendar year.

(4) Division (1)(a) does not include a Class 2 structure.

(5) Division (1)(a) does not include a vehicular bridge.

(6) Division (1)(a) does not include a structure that is intended to be or is occupied solely to provide periodic maintenance or repair of:

(a) The structure; or

(b) Mechanical or electrical equipment located within and affixed to the structure.

(7) Pursuant to I.C. 22-12-1-24, structure includes swimming pool.

CLASS 2 STRUCTURE. Pursuant to I.C. 22-12-1-5, has the following definition:

(1) CLASS 2 STRUCTURE means any part of the following:

(a) A building or structure that is intended to contain or contains only one dwelling unit or two dwelling units unless any part of the building or structure is regularly used as a Class 1 structure.

(b) An outbuilding for a structure described in division (a) above, such as a garage, barn, or family swimming pool, unless any part of the outbuilding is regularly used as a Class 1 structure.

(2) Division (1) does not include a vehicular bridge.

(3) Pursuant to I.C. 22-12-1-24, structure includes swimming pool.

CONSTRUCTION. Pursuant to I.C. 22-12-1-7, means any of the following:

(1) Fabrication of any part of an industrialized building system or mobile structure for use at another site.

(2) Erection or assembly of any part of a Class 1 or Class 2 structure at the site where it will be used.

(3) Installation of any part of the permanent heating, ventilating, air conditioning, electrical, plumbing, sanitary, emergency detection, emergency communication, or fire or explosion suppression systems for a Class 1 or Class 2 structure at the site where it will be used.

(4) Work undertaken to alter, remodel, rehabilitate, or add to any part of a Class 1 or Class 2 structure.

(5) Work undertaken to relocate any part of a Class 1 or Class 2 structure, except a mobile structure.

INDUSTRIALIZED BUILDING SYSTEM. Pursuant to I.C. 22-12-1-14, means any part of a building or other structure that is in whole or in substantial part fabricated in an off-site manufacturing facility for installation or assembly at the building site as part of a Class 1 structure, a Class 2 structure, or another building or structure. However, the term does not include a mobile structure or a system that is capable of inspection at the building site.

MANUFACTURED HOME. Pursuant to I.C. 22-12-1-16 has the meaning set forth in 42 U.S.C. 5402 as it existed on January 1, 2003. This definition is as follows: “Manufactured home” means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under this 42 U.S.C. 5401 et seq. and except that such term shall not include any self-propelled recreational vehicle.

MOBILE STRUCTURE. Pursuant to IC 22-12-1-17, has the following definition:

(1) MOBILE STRUCTURE, means any part of a fabricated unit that is designed to be:

(a) Towed on its own chassis; and

(b) Connected to utilities for year-round occupancy or use as a Class 1 structure, a Class 2 structure, or another structure.

(2) The term includes the following:

(a) Two or more components that can be retracted for towing purposes and subsequently expanded for additional capacity.

(b) Two or more units that are separately towable but designed to be joined into one integral unit.

PERSON. Pursuant to I.C. 22-12-1-18, means an individual, corporation, limited liability company, partnership, unincorporated association, or governmental entity.

STRUCTURE. Both Class 1 and Class 2 structures, unless specifically stated otherwise.

VEHICULAR BRIDGE. Pursuant to I.C. 22-12-1-26, means any bridge that is neither:

(1) A pedestrian walkway; nor

(2) A passageway for light vehicles;

suspended between two or more parts of a building or between two or more buildings.

(Ord. 03-2010, passed 3-8-10)

150.05 SCOPE.

(A) All construction shall be accomplished in compliance with the provisions of this subchapter.

(B) Pursuant to I.C. 22-13-2-6, this subchapter shall not apply to industrialized building systems or mobile structures certified under I.C. 22-15-4; however, the provisions of this subchapter and the rules promulgated by the Fire Prevention and Building Safety Commission do apply to any construction related to an industrialized building system or mobile structure not certified under I.C. 22-15-4.

(C) Pursuant to I.C. 22-13-2-9, this subchapter is not applicable to regulated amusement devices, regulated boilers, regulated pressure vessels, or regulated lifting devices.

(Ord. 03-2010, passed 3-8-10)

150.06 AUTHORITY.

The Building Commissioner is hereby authorized and directed to administer and enforce the following:

(A) All of the provisions of this Building Code subchapter.

(B) Variances granted in accordance with I.C. 22-13-2-11.

(Ord. 03-2010, passed 3-8-10)

150.07 SEVERABILITY.

Should any provision (section, clause, phrase, word, or any other portion) of this subchapter be declared by a court of competent jurisdiction to be invalid for any reason, the remaining provisions shall not be affected, if and only if such remaining provisions can, without the invalid provision or provisions be given the effect intended in adopting this subchapter. To this end, the provisions of this subchapter are severable.

(Ord. 03-2010, passed 3-8-10)

150.08 EFFECT OF ADOPTION ON PRIOR ORDINANCE.

The expressed or implied repeal or amendment by this subchapter of any other ordinance or part of any other ordinance does not affect any rights or liabilities accrued, penalties incurred, or proceedings begun prior to the effective date of this subchapter. These rights, liabilities, and other proceedings are continued and penalties shall be imposed and enforced under the repealed or amended ordinance as if this subchapter had not been adopted.

(Ord. 03-2010, passed 3-8-10)

150.09 BUILDING PERMIT REQUIRED; APPLICATION AND ISSUANCE.

(A) Building permit required. Construction is prohibited unless in conformity with a valid building permit obtained from the Building Commissioner prior to commencement of construction.

(B) Application for building permit.

(1) Any person required to have a building permit shall submit a complete application to the Building Commissioner.

(2) This application shall be submitted on a form prepared by the Building Commissioner, and shall contain the following:

(a) Information that the Building Commissioner determines to be necessary to locate and contact the applicant.

(b) A clear and understandable copy of detailed plans and specifications drawn to scale which indicate in a precise manner the nature and location of all work to be accomplished.

(c) A plot plan drawn to scale; provided, however, such plot plan shall not be required in the instance where all such construction is to occur entirely within an existing structure. This plot plan shall reflect the location of the structure in relation to existing property lines and show streets, curbs and sidewalks and proposed changes or additions to such streets, curbs and sidewalks.

(d) If required by Indiana law or any rule of the Fire Prevention and Building Safety Commission, a copy of a design release for the work to be done that has been issued by the Building Law Compliance Officer pursuant to I.C. 22-15-3.

(e) Any additional information that the Building Commissioner finds to be necessary to determine that the construction will conform to all applicable building laws and will not violate any other applicable ordinances or laws.

(3) Application for a building permit shall be made by the person entitled to obtain the permit or by an employee or agent of that person. The Building Commissioner may require that such an employee or agent provide written authority to apply for a permit.

(C) Issuance of building permit. The Building Commissioner shall issue a building permit to a person after the person has submitted a complete application, including any applicable fee, provided that the proposed construction will conform to all applicable building laws and will not violate any other applicable ordinances or laws.

(Ord. 03-2010, passed 3-8-10)

150.10 CERTIFICATE OF OCCUPANCY.

No certificate of occupancy for any building or structure shall be issued unless such building or structure was constructed in compliance with the provisions of this subchapter. It shall be unlawful to occupy any such building or structure unless a full, partial or temporary certificate of occupancy has been issued by the Building Commissioner.

(Ord. 03-2010, passed 3-8-10)

150.11 INSPECTION AND PERMIT FEES.

Permits required pursuant to this subchapter shall be issued upon prior payment of inspection and permit fees according to the following schedule:

Single Family Dwelling	$150.00
Two Family Dwelling	$200.00
Multi Family Dwellings	$150.00 first unit
	$50.00 each unit 2 – 10
	$40.00 each unit over 10
Accessory Buildings	$50.00
Mobile Structures	$100.00
Additions/Alterations
Residential	$100.00
Commercial (under 120 LF)	$200.00
Commercial Class 1
Business, Commercial, Public (Plus1.5% of total construction cost w/max $1500.00)	$200.00 + 1.5%
Educational, Institutional, Churches (Plus 1.0% total construction cost w/max $1000.00)	$200.00 + 1.0%
Industrial, Warehouse, Bulk Storage (Plus .5% total construction cost w/max $500.00)	$200.00 + .5%
Temporary Sales (Tent sales, green house)	$40.00
Signs
Signs up to 32 Sq. Ft.	$50.00
Signs over 33 Sq. Ft.	$1.50 Pr. Sq.
(Max. fee $300.00)
Demolition	$50.00

(Ord. 03-2010, passed 3-8-10)

150.12 INVESTIGATIONS AND INSPECTIONS OF CONSTRUCTION ACTIVITIES.

(A) General authority to make inspections and investigations.

(1) All construction shall be subject to periodic inspections by the Building Commissioner irrespective of whether a building permit has been or is required to be obtained.

(2) The Building Commissioner may at any reasonable time go in, upon, around or about the premises where any structure subject to the provisions of this subchapter or to the rules of the Fire Prevention and Building Safety Commission is located for the purposes of inspection and investigation of such structure. Such inspection and investigation may be made before and/or after construction on the project is completed for the purposes of determining whether the structure meets building standards and procedures, and ascertaining whether the construction and procedures have been accomplished in a manner consistent with this subchapter and the rules of the Fire Prevention And Building Safety Commission.

(B) Inspections by Fire Department. The Building Commissioner and the Fire Department shall work cooperatively to conduct inspections and investigations to promote compliance with fire safety laws (The Fire Department has independent authority to conduct inspections and take enforcement actions under I.C. 36-8-17).

(Ord. 03-2010, passed 3-8-10)

150.13 WITHHOLD ISSUANCE OF PERMITS.

(A) Whenever a person which is either an applicant for a building permit or an obtainer of a building permit owes fees to the Building Commissioner the Building Commissioner may withhold the issuance of subsequently requested permits until such time that the debt is satisfied.

(B) Whenever a person applies for a building permit for a structure that is not being used or constructed in conformance with applicable provisions of an applicable zoning ordinance or other ordinance relating to land use, the Building Commissioner is authorized to withhold the issuance of requested permits until such time that the property is brought into conformance with applicable ordinances.

(Ord. 03-2010, passed 3-8-10)

150.14 PERMIT REVOCATION.

The Building Commissioner may revoke a building permit when any of the following are applicable:

(A) The application, plans or supporting documents contain a false statement or misrepresentation as to a material fact.

(B) The application, plans or supporting documents reflect a lack of compliance with building standards and procedures.

(D) The structure for which the building permit has been issued is not being used or constructed in conformance with an applicable zoning ordinance or other ordinance relating to land use.

(Ord. 03-2010, passed 3-8-10)

150.15 STOP-WORK ORDER.

(A) The Building Commissioner may issue an order requiring suspension of the pertinent construction (stop-work order) in accordance with this section.

(B) The stop work order shall:

(1) Be in writing.

(2) State with specificity the construction to which it is applicable and the reason for its issuance.

(3) Be posted on the property in a conspicuous place.

(4) If practicable, be given to:

(a) The person doing the construction; and

(b) To the owner of the property or the owner’s agent.

(5) The stop-work order shall state the conditions under which construction may be resumed.

(1) Construction is proceeding in an unsafe manner, including, but not limited to, in violation of any standard set forth in this subchapter or any state law pertaining to safety during construction.

(2) Construction is occurring in violation of this subchapter or in such a manner that if construction is allowed to proceed, there is a reasonable probability that it will substantially difficult to correct the violation.

(3) Construction for which a building permit is required is proceeding without a building permit being in force.

(D) The issuance of a stop-work order shall in no way limit the operation of penalties provided elsewhere in this subchapter.

(Ord. 03-2010, passed 3-8-10)

150.16 CIVIL ACTION.

Pursuant to I.C. 36-1-6-4, the city may initiate a civil action in a court of competent jurisdiction to restrain any person from violating a provision of this subchapter.

(Ord. 03-2010, passed 3-8-10)

150.17 RIGHT OF APPEAL.

Any person aggrieved by an order issued under this subchapter shall have the right to petition for review of any order of the Building Commissioner. Such a person may file a petition using either, or both, of the following procedures:

(A) Appeal to the Fire Prevention and Building Safety Commission.

(1) A person aggrieved by an order issued under this subchapter may appeal to the Fire Prevention and Building Safety Commission, in accordance with I.C. 22-13-2-7.

(2) The Commission may modify or reverse any order issued by the city that covers a subject governed by I.C. 22-12, I.C. 22-13, I.C. 22-14, I.C. 22-15, a fire safety or a building rule.

(3) The Fire Prevention and Building Safety Commission must review orders that concern a Class 2 Structure if the person aggrieved by the order petitions for review under I.C. 4-21.5-3-7 within 30 days after the issuance of the order.

(4) The Fire Prevention and Building Safety Commission may review all other orders issued under this subchapter.

(5) The review of an order by the Fire Prevention and Building Safety Commission does not suspend the running of the time period under any statute in which a person must petition a court for judicial review of the order.

(B) Appeal to an established local administrative body or court. If, pursuant to I.C. 36-1-6-9, the city has established by ordinance to hear appeals of orders issued under ordinances, then a person aggrieved by an order may petition for review with this administrative body in accordance with said ordinance. If no such administrative body exists, then the person may petition a court for judicial review of the order.

(Ord. 03-2010, passed 3-8-10)

150.18 MINIMUM CONSTRUCTION STANDARDS.

(A) Adoption of rules by reference.

(1) Pursuant to I.C. 22-13-2-3(b), the rules of the Indiana Fire Prevention and Building Safety Commission as set out in the following Articles of Title 675 of the Indiana Administrative Code are hereby incorporated by reference in this code and shall include any later amendments to those rules.

(a) Article 13 – Building Codes.

1. Fire and Building Safety Standards.

2. Indiana Building Code.

(b) Article 14 – Indiana Residential Code.

(d) Article 17 – Indiana Electrical Code.

(e) Article 18 – Indiana Mechanical Code.

(f) Article 19 – Indiana Energy Conservation Code.

(g) Article 20 – Indiana Swimming Pool Code.

(h) Article 22 – Indiana Fire Code.

(i) Article 25 – Indiana Fuel Gas Code.

(2) Two copies of the above building rules incorporated by reference are on file in the office of the Clerk for the legislative body for public inspection as required by I.C. 36-1-5-4.

(3) The Building Commissioner and the Fire Prevention and Building Safety Commission may grant a variance to the fire safety laws and building laws adopted in this subchapter. Pursuant to I.C. 22-13-2-7(b), a variance granted by the Building Commissioner is not effective until it has been approved by Fire Prevention and Building Safety Commission.

(B) Lifting devices located within a private residence.

(1) Pursuant to I.C. 22-12-1-22(b)(12), lifting devices, such as elevators and wheelchair lifts, located within a private residence are not regulated lifting devices. Therefore, the following standards applicable to lifting devices located within a private residence are incorporated by reference:

(a) Part 5.3, Private Residence Elevators, ANSI/ASME A17.1-2000, Safety Code for Elevators and Escalators published by the American Society of Mechanical Engineers, Three Park Avenue, New York, New York, 10016.

(b) Part 5.4, Private Residence Inclined Elevators, ANSI/ASME A17.1-2000, Safety Code for Elevators and Escalators published by the American Society of Mechanical Engineers, Three Park Avenue, New York, New York, 10016.

(c) Section 5, Private Residence Vertical Platform Lifts, ASME A18.1a, 2001 (Addenda to ASME 18.1-1999), Safety Standard for Platform and Stairway Chair Lifts, published by the American Society of Mechanical Engineers, Three Park Avenue, New York, New York 10016.

(d) Section 6, Private Residence Inclined Platform Lifts, ASME A18.1a, 2001 (Addenda to ASME 18.1-1999), Safety Standard for Platform and Stairway Chair Lifts, published by the American Society of Mechanical Engineers, Three Park Avenue, New York, New York 10016.

(e) Section 7, Private Inclined Stairway Lifts, ASME A18.1a, 2001 (Addenda to ASME 18.1-1999), Safety Standard for Platform and Stairway Chair Lifts, published by the American Society of Mechanical Engineers, Three Park Avenue, New York, New York 10016.

(2) Two copies of the above lifting device standards incorporated by reference are on file in the office of the Clerk for the legislative body for public inspection as required by I.C. 36-1-5-4.

(Ord. 03-2010, passed 3-8-10)

150.19 EFFECTIVE DATE.

This subchapter shall be in full force and effect from and after the date on which both of the following have occurred:

(A) The City Council has adopted this subchapter.

(B) The Fire Prevention and Building Safety Commission of Indiana has approved of this subchapter as required by I.C. 22-13-2-5.

(Ord. 03-2010, passed 3-8-10)

UNSAFE BUILDINGS

150.35 ESTABLISHMENT.

Under the provisions of I.C. 36-7-9 there is hereby established the City Unsafe Building Law.

(Ord. 2-88, passed 4-25-88)

150.36 INCORPORATION OF STATE LAW.

I.C. 36-7-9-1 through 36-7-9-28 is hereby incorporated by reference in the City Unsafe Building Law. All proceedings within the city for the inspection, repair and removal of unsafe buildings shall be governed by said law and the provisions of this subchapter. In the event the provisions of this subchapter conflict with the provisions of I.C. 36-7-9-1 through 36-7-9-28, then the provisions of state law shall control.

(Ord. 2-88, passed 4-25-88)

150.37 DEFINITIONS.

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

SUBSTANTIAL PROPERTY INTEREST. The definition of this term set forth in I.C. 36-7-9-2 is hereby incorporated by reference as if copied in full.

UNSAFE BUILDING. The description of an unsafe building contained in I.C. 36-7-9-4 is hereby supplemented to provide minimum standards for building condition or maintenance in the city, by adding the following: UNSAFE BUILDING means any building or structure which has any or all of the conditions or defects hereinafter described, provided that such conditions or defects exist to the extent that life, health, property or safety of the public or its occupants are in danger:

(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 walking service of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.

(3) Whenever the stress in any materials, member or portion thereof due to all dead and live loads is more than 1 1/2 times the working stress or stresses allowed for new buildings of similar structure, purpose or location.

(4) Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe, and is less than the minimum requirements for new buildings or similar structure, purpose or location.

(5) Whenever any portion, member or appurtenance thereof is likely to fail, to become attached or dislodged, or to collapse and thereby injure persons or damage property.

(6) 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 such buildings.

(7) Whenever any portion thereof has wracked, warped, buckled or settled to such an 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.

(8) Whenever the building or structure or any portion thereof, because of dilapidation, deterioration or decay; faulty construction; the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; the deterioration, decay or inadequacy of its foundation; or any other cause is likely to partially or completely collapse.

(9) Whenever for any reason the building or structure or any portion thereof is manifestly unsafe for the purpose for which it is being used.

(10) Whenever the exterior walls or any vertical structure members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base.

(11) 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 nonsupporting members, enclosing or outside walls or coverings.

(12) 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: an attractive nuisance to children; or freely accessible to persons for the purpose of committing unlawful acts.

(13) Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of the city or of any law or ordinance of this state relating to the condition, location or structure of buildings.

(14) Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting 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.

(15) Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay damage, faulty construction or arrangement, inadequate light, air or sanitation facilities or otherwise, is determined by the County Sanitarian to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease.

(16) Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction as determined by the Chief of the Fire Department to be a fire hazard.

(17) Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure, or whenever any building or structure is abandoned for a period in excess of six months, so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.

(Ord. 2-88, passed 4-25-88)

150.38 UNSAFE BUILDINGS AS NUISANCE.

All buildings or portions thereof within the city which are determined after inspection by the Building Commissioner to be unsafe as defined in this subchapter are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal.

(Ord. 2-88, passed 4-25-88) Penalty, see § 150.99

150.39 REPAIR OR REMOVAL.

(A) The City Building Commissioner, as chief administrative officer in the Department of Buildings, shall be authorized to administer and to proceed under the provisions of this subchapter in ordering the repair or removal of any buildings found to be unsafe as specified therein or as specified hereunder.

(B) All work for the reconstruction, repair or demolition of buildings and other structures shall be performed in a good workmanlike manner according to the accepted standards and practices in the trade. The provisions of the State Building Laws, as defined in I.C. 22-12-1-3, adopted as Rules of the Fire Prevention and Building Safety Commission, shall be considered standard and acceptable practice for all matters covered by this subchapter or orders issued pursuant to this subchapter by the Building Commissioner of the city.

(C) Whenever the City Building Commissioner orders the repair or removal of any building found to be unsafe pursuant to division (A) above, he shall order said performance within a specific period of time, and in the event the responsible party has not complied therewith within the time period specified, the Building Commissioner is hereby authorized to have such work performed by the city or an independent contractor. The cost thereof shall be borne by the responsible party, including reasonable attorney fees for collection and court costs.

(Ord. 2-88, passed 4-25-88) Penalty, see § 150.99

150.40 AUTHORITY OF BUILDING INSPECTOR.

Whenever in the building regulations of the state or this chapter 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 unit, 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 provisions shall be construed as giving any officer discretionary powers as to what such regulations or standards shall be, power to require conditions not prescribed by ordinance, or to enforce ordinance provisions in an arbitrary or discretionary manner.

(Ord. 2-88, passed 4-25-88)

150.41 UNSAFE BUILDING FUND.

An Unsafe Building Fund is hereby established in the operating budget of the city in accordance with the provisions of I.C. 36-7-9-14.

(Ord. 2-88, passed 4-25-88)

MINIMUM HOUSING STANDARDS

150.50 FINDINGS.

The Board finds that the structure, equipment, sanitation, maintenance, use or occupancy of residential property, dwellings and rooming houses may cause a hazard to the public health and safety. These properties, dwellings and rooming houses may now exist or may exist in the future. Establishment and enforcement of minimum housing standards are required to correct and prevent the existence of these public health and safety hazards.

(Ord. 29-05, passed 12-22-05)

150.51 PURPOSE.

The purpose of this standard is to:

(A) Protect, preserve and promote the physical and mental health of the people;

(B) Prevent and control the incidence of communicable diseases;

(D) Regulate privately- and publicly-owned dwellings for the purpose of maintaining adequate sanitation and public health;

(E) Protect the safety of the people;

(F) Insure that the quality of housing is adequate for protection of public health, safety and general welfare;

(G) Establish minimum standards for basic equipment and facilities for light, ventilation and thermal conditions;

(H) Establish minimum standards for fire and accident safety;

(I) Establish minimum standards for the use and location and amount of space for human occupancy;

(J) Establish minimum standards for an adequate level of maintenance; and

(K) Determine the responsibilities of owners and occupants of dwellings.

(Ord. 29-05, passed 12-22-05)

150.52 APPLICABILITY.

This subchapter applies uniformly to the maintenance, use and occupancy of all residential, business, commercial and other structures. In addition, this chapter applies uniformly to the alteration, repair, equipment, use, occupancy and maintenance of all buildings and structures irrespective of when or under what code or codes the building or structure was originally constructed or rehabilitated. The City of Rensselaer Minimum Housing Ordinance requires that residential, business and commercial structures comply with the following conditions.

(Ord. 29-05, passed 12-22-05)

150.53 SANITARY STANDARDS.

(A) Every dwelling unit shall be maintained in a clean and sanitary manner; rubbish and garbage must be disposed of in supplied storage facilities.

(B) Exterior walls, foundations and roofs shall be substantially weather tight and vermin proof and shall be kept in sound condition and good repair.

(C) Every exterior wall shall be protected with paint or other protective covering to prevent the entrance of penetration of moisture or the weather.

(D) Windows and doors shall be substantially weather tight, watertight and vermin proof. Interior floors, walls, and ceilings shall be substantially vermin proof and shall be kept in sound condition and good repair.

(E) Every yard and all exterior property area shall be kept free of species of weeds, plant growth, rubbish, tires or anything which may be noxious or detrimental to health, safety or surrounding property values. Failure to comply will result in the city mailing a ten day notice; after the ten day notice, the city will clean the property and bill the owner for the services.

(Ord. 29-05, passed 12-22-05) Penalty, see § 150.99

150.54 STRUCTURAL STANDARDS.

(A) Walls or partitions or supporting members, sills, joists, rafters, or other structural members shall not list, lean, or buckle, shall not be rotted, deteriorated, or damaged, without holes or cracks.

(B) Floors or roofs shall have adequate supporting members and strength to be reasonably safe.

(D) Steps, stairs, landings, porches, or other parts or appurtenances shall be maintained in such condition that they will not fail or collapse.

(E) Adequate facilities for egress in case of fire or panic shall be provided.

(F) Interior walls and ceilings of all rooms, closets and hallways shall be finished of suitable materials, which will enable the occupants to maintain reasonable privacy between various spaces.

(G) The roof, flashings, exterior walls, basement walls, floors, and all doors and windows shall be constructed and maintained so as to be weather tight.

(H) There shall be no chimneys or parts thereof which are defective, deteriorated, or in danger of falling, or in such condition or location as to constitute a fire hazard.

(I) There shall be no use of the ground for floors or wood floors resting on the ground.

(J) Accessory structures must be maintained in good repair and sound structural condition. Stairs, porches and appurtenances, shall be safe to use and kept in sound condition.

(K) Protective railings shall be required on unenclosed structures over 30 inches from the ground level or on any step containing four or more risers.

(L) Every yard shall be properly graded so as to obtain thorough drainage and so as to prevent the accumulation of stagnant water.

(M) Every dwelling unit shall be provided with adequate means of egress.

(N) Window screens must be provided in every dwelling unit for protection against vermin, mosquitoes, flies, and other insects.

(Ord. 29-05, passed 12-22-05) Penalty, see § 150.99

150.55 BASIC EQUIPMENT AND FACILITIES.

(A) Plumbing.

(1) Each dwelling unit must be connected to a potable running water supply and to the public sewer or other approved sewage disposal system.

(2) Each dwelling unit shall contain not less than a kitchen sink, lavatory, tub or shower, water closet, and adequate supply of both cold and hot water. All water shall be supplied through an approved pipe distribution system connected to a potable water supply.

(3) The water closet and tub or shower shall be located in a room affording privacy to the user and in accordance with the State Plumbing Code.

(B) Heating system.

(1) Every dwelling unit shall be provided with heating facilities capable of maintaining a temperature of 68 degrees F. at a point of three feet above the floor in all rooms.

(2) If any heating device requires a chimney, the chimney shall be a minimum of 18 inches above the highest point of the property, to prevent smoke or exhaust from entering neighboring structures.

(1) Each dwelling unit shall be connected to a source of electrical current with a minimum 100-amp size service.

(2) Each habitable room shall contain at least two floor or wall type electric receptacles. Convenience outlets within six feet of a kitchen shall have a ground fault circuit interrupter protection.

(3) Each bathroom shall have a convenience receptacle with ground fault circuit interrupter protection.

(4) Housing shall have installed battery working smoke detectors (one per sleeping area).

(5) An approved electrical outlet shall be provided for an electric range.

(D) Ventilation.

(1) Every habitable room shall have at least one window or skylight. The minimum total window area, measured between stops, for every habitable room shall be 10% of the floor area of the room.

(2) Every bathroom shall be equipped with an approved ventilation system.

(E) Size, height, and floor area.

(1) Every dwelling unit shall contain at least 150 square feet of habitable floor area for the first occupant and at least 100 square feet of additional habitable area for each of the next three occupants and 75 additional square feet for any occupant thereafter.

(2) Every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor area. At least 50 square feet of floor area is required for each additional occupant 12 years of age and over and at least 35 square feet of floor area for each occupant under 12 years of age.

(3) At least one-half of the floor area of every habitable room shall have a ceiling height of not less than 7 feet 6 inches.

(4) Basements used for living purposes shall comply with the habitable room requirements of Indiana Code.

(Ord. 29-05, passed 12-22-05) Penalty, see § 150.99

150.56 RV’S.

RV’s and other non foundation properties shall not be used for living quarters or be occupied for more than a maximum of 15 calendar days of a said year.

(Ord. 29-05, passed 12-22-05) Penalty, see § 150.99

150.57 VIOLATIONS.

(A) The Building Inspector shall give notice of a violation of this Code. Such notice shall be in writing and shall be via registered or certified mail to the owner. If the owner’s address is different than the address shown for the property involved, a notice shall also be sent to the address of the property involved, addressed to the occupant of such address. The notice shall constitute an order based upon findings of fact, directing the owner and occupant to repair, vacate, or demolish such building or otherwise comply with such order.

(B) The notice shall contain the following:

(1) The name of the owner, occupant, and other persons with a legal interest in the premises;

(2) The street address or legal description of the premises;

(3) A general description of the improvements;

(4) An itemized statement or list of defects;

(5) Whether or not repairs or correction of the defects shall be made so that the building will comply with the terms of this Code and, if so, a list of the required repairs, or whether the building shall be demolished;

(6) Whether or not the building shall be vacated by the occupants and, if so, the date by which such vacation shall be effected;

(7) Whether or not the building constitutes a fire menace; and

(8) A statement of the time considered reasonable for the party receiving notice to commence to vacate and/or make repairs or otherwise comply with the requirements of the notice. A reasonable time shall not exceed 30 days, except in cases of unusual or extenuating circumstances. The time to commence may be extended by the building commissioner for an additional period of up to 60 days; provided, however, an application for an extension is made by the owner, occupant, or some other person interested in the property at least five days before the expiration of the time to commence vacation, repairs, or demolition or otherwise comply with the notice. A reasonable time to complete the vacation, repair, or demolition or otherwise comply as provided in the notice and such reasonable time for completion shall not exceed 90 days from the date of notice unless the time is extended by action of the Rensselaer Housing Commission.

(C) Service of notice when owner absent from city. When the owner and/or occupant, and/or mortgagee, and/or other interested party, is absent from the city, all notices or orders provided for herein shall be sent, via registered mail or certified mail to the owner, and/or occupant, and/or mortgagee, and/or all other persons having an interest in the dwelling or building, to the last known address of each. Such mailing and, in the case of dangerous or uninhabitable buildings, the below described posting, shall be deemed adequate service.

(D) Posting of placard on uninhabitable, dangerous buildings. If the Building Inspector shall, upon inspection of any building within the city, find the same to be uninhabitable and dangerous, he or she shall place a placard on the uninhabitable and dangerous building reading as follows:

DANGER

This Structure Is Declared Unsafe For Human Occupancy or Use.

It Is Unlawful For Any Person To Use or Occupy This Building After ________________.

Any Unauthorized Person Removing This Sign WILL BE PROSECUTED.

Refer to Ordinance No. _________

Signed __________________________

Code Official

(E) Notice of hearings.

(1) The Building Official shall give notice of all proceedings before the Rensselaer Housing Commission, to the record owners of the affected property, and to each holder of a recorded lien against the property, as shown by the City Clerk’s records. The Building Official shall give notice to all unknown owners, by posting a copy of the notice on the front door of each improvement situated on the affected property or as close to the front door as practical.

(2) The Building Official shall mail and post each required notice at least ten days prior to the date of the scheduled hearing before the Commission. The Building Official shall also cause to be published on one occasion, at least ten days prior to the hearing, notice of the hearing in a newspaper of general circulation in the city.

(3) Notice required to be mailed, posted, or published under this section shall state the date, time, and place of the hearing. In addition, each notice shall contain:

(a) The name of the owner(s), occupant(s), and other persons interested in the building;

(b) The street address or legal description of the premises;

(d) A list of defects on the property; and

(e) A brief statement of the action to be considered by the Commission.

(Ord. 29-05, passed 12-22-05) Penalty, see § 150.99

150.58 APPEALS.

In each case, the Rensselaer Housing Commission shall mail by first class mail, certified return receipt requested, to all parties entitled to notice of the original hearing, a copy of the final decision of the Commission. All persons aggrieved of a decision of the Commission may present a petition to any district court in Jasper County, duly verified, setting forth that the decision is illegal, in whole or part, and specifying the grounds of the illegality. A petition of review must he presented to a court within 30 calendar days of the date copies of the final decision are sent to interested parties. If no appeals are taken from a decision of the Commission within the required period, the decision of the Commission is, in all things, final and binding.

(Ord. 29-05, passed 12-22-05)

150.59 CONFLICT WITH STATE OR LOCAL LAW.

When any provision of this subchapter conflicts with other applicable state or local law, the other state or local law shall apply.

(Ord. 29-05, passed 12-22-05)

150.99 PENALTY.

(A) Any person violating any provision of §§ 150.01 through 150.19 may be subject to a fine in any sum not exceeding $2,500. The assessment of a monetary penalty shall in no way limit the operation of the penalties provided elsewhere in those sections.

(Ord. 03-2010, passed 3-8-10)

(B) 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 §§ 150.25 through 150.31 or any order issued by the Building Commissioner. Any person violating the provisions of said sections or I.C. 36-7-9-28 shall commit a class C infraction for each day such violation continues. (Ord. 2-88, passed 4-25-88)

(C) Where no other penalty is specified, a violation of §§ 150.50 et seq. will be subject to a fine of not more than $1,000 for each violation. Each day that a violation continues will be deemed a separate offense. (Ord. 29-05, passed 12-22-05)