Chapter 15.04
GENERAL PROVISIONS
Sections:
15.04.020 Conformance to title required.
15.04.030 Conflict with state rules and regulations.
15.04.040 Effect of zoning regulations.
15.04.050 Protection of public.
15.04.080 Regulations for electrical wires, equipment or devices.
15.04.090 Existing suits and liabilities.
15.04.100 Furnishing utilities to noninspected buildings.
15.04.110 Temporary use of Electric and Gas.
15.04.120 Power to disconnect service.
15.04.130 Inspector to answer questions.
15.04.140 Construction, storage or occupancy hazards.
15.04.010 Scope of title.
A. All matters concerning, affecting or relating to the construction, alteration, or removal of building or structures, erected or to be erected in the county out of the corporate limits of the city of Evansville are presumptively provided for in this title, except insofar as provisions are contained in state law. All provisions of this title shall apply with equal force to public buildings and their construction, as well as to private buildings.
B. The scope of work applicable by this title shall include every character of building operation, construction, alteration, or remodeling, sprinkler system, any accessory, mechanical equipment, elevators, fire-escapes, escalators, stairway, 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 county, regardless of its use or character and with reference to public and semi-public buildings, schools, hospitals, churches, motion picture houses, theaters, assembly halls, dancehalls, and similar types.
1. Anything in or about any manufacturing plant, power house, warehouse, heating plant, storage building, garage, dyehouse, 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 owners, operators, or the public shall be within the scope of the provisions of this title. The storage and handling of junk and scrap waste and the location of plants, warehouses, or yards for storage or handling of these items shall likewise be under the scope of the provisions of this title.
2. The use and handling of cotton, excelsior products, and lint, as well as the storage and handling of oil fluids and lubricants of volatile character, the handling of shells, dynamite, fuses, caps, fireworks, and explosives shall be under the authority of the joint department of building commissioners.
(Prior code § 150.001)
15.04.020 Conformance to title required.
No wall, structure, building, or part thereof, shall hereafter be constructed, nor shall the plumbing, drainage, wiring, heating, or other equipment of any building, structure, or premises, so far as provided for in this title 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 provisions of this title. Nothing in this title 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 Evansville board of public works, the Evansville common council, commissioners or the joint department of building commissioners may have ordered the changes.
(Prior code § 150.002)
15.04.030 Conflict with state rules and regulations.
In cases of dispute or disagreement between this title and the rules and regulations of the fire prevention and building safety commission, the rules and regulations of the fire prevention and building safety commission shall prevail as set forth in IC 22-11-1-10.
(Prior code § 150.003)
15.04.040 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 Title, 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 Title, and compliance with those standards shall be required for the issuance of a Certificate of Occupancy under this Title.
(Ord. 01-15-001 § 4, amended 2-3-2015; prior code § 150.004)
15.04.050 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, or 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.
(Prior code § 150.005)
15.04.060 Damaged buildings.
A. Existing buildings damaged by collapse or fire may be rebuilt in their original form; however, any rebuilding shall be made to comply with this title. (See Administrative Building Council Regulation I). When such extension, alteration, or renewal is the result of fire or involves materially more than fifty (50) percent of the system as determined by the building commission, the system shall be brought into conformance with the requirements for new installation.
B. Any structure which is damaged or which has become dilapidated, whether by natural causes, vandalism, neglect, or any other means, shall be made secure within fifteen (15) days of the occurrence of the damage or the date of notice from the joint department of building commissioners. The structure shall be secured by boarding up all openings securely enough to prevent persons from entering the structure. The structure shall be maintained secure until permanent repairs or demolition are effected. (Ord. dated 4/11/94 § 6; prior code § 150.006)
C. If a property is ordered razed by the Hearing Officer of the Evansville Department of Code Enforcement, the County Commissioners or the Building Commissioner and is later modified to an order to repair, the entire structure and its systems shall be in compliance with current rules for new construction.
(Amended 11/30/98)
15.04.070 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 of not exceeding 50% 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.
(15.04.070, Amended, 11/30/1998)
15.04.080 Regulations for electrical wires, equipment or devices.
A. All electric wires, equipment, or devices shall be installed in strict accordance with Indiana Electrical Code.
B. The following provisions of this subsection shall apply to all electrical wiring equipment installed, used, or maintained in the county, 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 (20) amp fuses are permitted only on appliance or special duty circuits or where No. 12 AWG conductors are used;
2. Where services are replaced, all old unused service pipe, 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. Multi-family 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 approval.
(Ord. dated 4/11/94 § 7; prior code § 150.008)(15.04.080 (B)(3), Amended, 11/30/1998)
15.04.090 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 incurred or existing under any ordinance of the county which is repealed, nor shall any right or remedy of any character be lost, impaired, or affected by this building code.
(Prior code § 150.009)
15.04.100 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 joint department of building commissioners or its authorized agent. Temporary service may be supplied for urgent or necessary service during construction or alteration of any building, provided the joint department of building commissioners or its authorized representative has made an inspection and approved the temporary service.
(Prior code § 150.010)
15.04.110 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 thirty (30) days from issuance and services may then be removed if not ready for final inspection. The sixty (60) days may be extended by the Building Commissioner, if the reason for non-compliance is due to circumstances beyond the control of the contractor. No structure utilizing temporary services shall be occupied without written approval of the Building Commissioner.
(15.04.010, Amended, 11/30/1998)
15.04.120 Power to disconnect service.
The joint department of building commissioners, or duly-authorized deputy, is empowered to disconnect, shut-off, or order the discontinuance of service to the conductors or apparatus found to be in a dangerous or unsafe condition, to have been installed without a permit, or not in accordance with the provisions of this chapter. He shall thereupon attach a notice stating that the conductors or apparatus have been disconnected or shut-off because of their having been found unsafe to life or property. No person shall remove the notice of disconnection or reconnect the defective conductors or apparatus until they have been placed in a safe and secure condition and have been approved for use by the joint department of building commissioners or a duly-authorized deputy.
(Prior code § 150.012)
15.04.130 Inspector to answer questions.
The building 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 chapter. 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.
(Prior code § 150.013)
15.04.140 Construction, storage or occupancy hazards.
For the purpose of this title, requirements for construction, storage, or occupancy hazards shall be determined by regulations imposed by emergency enactments or similar enactments, or by ordinances passed by the joint department of building commissioners or the Evansville board of public safety to meet the conditions occasioned by community growth or expansion. These laws, rules, or regulations shall be deemed a part of this title, thereby making effective or invalidating anything already contained in this title. Nothing contained in this section shall be construed to limit or restrain the powers of the board or of the joint department of building commissioners or the Evansville board of public safety to limit, regulate, define, or restrain any construction, storage, or occupancy which may become a hazard opposed to the public interest.
(Prior code § 150.014)