Chapter 15.40
BUILDING WRECKER LICENSES AND PERMITS
Sections:
15.40.030 Sale of salvaged materials prohibited.
15.40.050 Storage of salvaged material or building equipment.
15.40.060 Protection during wrecking and repair.
15.40.070 Fences or barricades.
15.40.080 Bridges or sidewalk covers.
15.40.100 Construction of fences, fans and bridges.
15.40.110 Wrecking operations.
15.40.010 License required.
No person shall engage in the business of wrecking buildings or other structures without first having obtained a license from the joint department of building commissioners authorizing the holder thereof to carry on or engage in the business.
(Prior code § 150.095)
15.40.020 Scope of license.
The license of a building wrecker, as defined in Section 15.36.010, shall authorize the licensee to engage in the wrecking of buildings or other structures, and the storing and disposing of or selling the materials secured through the wrecking of the buildings or other structures. No person licensed hereunder shall engage in the business of buying, selling, or dealing in house wrecking materials, secondhand building materials, and secondhand building appliances and appurtenances not secured through the wrecking of buildings or other structures by the licensee, or obtained from a person not licensed under the provisions of this chapter.
(Prior code § 150.096)
15.40.030 Sale of salvaged materials prohibited.
Every license issued under the terms of this chapter shall state the location of the main office and storage yard of the licensee. No licensee shall offer for sale, sell, or dispose of salvage materials obtained from the wrecking of buildings or structures except at the main office, storage yard, or on the wrecking job of the licensee from which the materials have been obtained.
(Prior code § 150.097)
15.40.040 Wrecking permits.
A. For the purpose of this section the following definition shall apply unless the context clearly indicates or requires a different meaning:
“Owner” means any person, firm, partnership, or corporation holding title and possession of the land on which the building or structure to be wrecked is located by virtue of a deed, real estate contract, or lease for more than three years.
B. A wrecking permit shall be applied for and obtained from the joint department of building commissioners for the wrecking or removal of all buildings other than temporary buildings or portable buildings. The application shall be in duplicate and shall give accurately all the information which is required thereon. A plot plan drawn to scale shall be provided for buildings where barricades or bridges are required, showing the building on the lot and distance to the street, alley, and property lines, with the width of adjacent sidewalks. The barricade, fence, or bridge required by this chapter shall be shown and specified in its proper position relative to the building, and complete details of its construction given.
1. The application shall state the type of construction of the building, its height, and number of stories, and shall state the method to be used in the wrecking, together with any other information as the department may reasonably require. No permit will be issued for wrecking buildings unless the application is signed by the owner of the property and verified by affidavit authorizing the wrecking company to secure the permit for the demolition of the building referred to in statements contained in the application. No permit for the wrecking of any building or other structure shall be issued except to a person licensed under the provisions of this chapter, provided that a permit may be issued for the wrecking of a minor building or structure to the owner of the premises upon which the minor building or structure shall be located.
2. The work or operation of wrecking under a permit issued to an owner as above provided shall be performed or executed by the employees or servants of the owner acting under his supervision and direction, and shall not be done by an independent contractor, unless the independent contractor shall be licensed to carry on the business of wrecking under the provisions of this chapter.
(Prior code § 150.098)
15.40.050 Storage of salvaged material or building equipment.
A. No building, structure, place, or lot shall hereafter be established and used for the storage of used, secondhand, or salvaged building material, building equipment, and building appurtenances, unless a permit authorizing the establishment has first been obtained from the joint department of building commissioners.
B. No permit shall be granted for the establishment in any block on any street in which half of the buildings on both sides of the street are used exclusively for residence purposes, unless the consent in writing of the owners, or the duly authorized agents of the owners, owning fifty-one (51) percent of the frontage of the property on both sides of the street in the block in which the business is to be established shall first have been obtained. The written consent shall be filed with the department before a permit shall be granted under this chapter. However, no permit shall be issued which shall in any way conflict with the zoning code.
(Prior code § 150.099)
15.40.060 Protection during wrecking and repair.
Whenever a building or structure abutting a street, alley, or sidewalk is dismantled, removed, or extensively repaired, suitable protection shall be provided for persons using the streets and for adjacent property. The protection shall be a fence or barricade, fan, or sidewalk bridge or cover as provided in this chapter.
(Prior code § 150.100)
15.40.070 Fences or barricades.
A. Fences or barricades shall be required for buildings not over forty (40) feet high adjacent to street and alley lines and for higher buildings fifteen (15) or more feet from these lines. For buildings not exceeding twenty-two (22) feet in height, the fence shall not be less than seven feet from the building. For buildings exceeding twenty-two (22) feet in height, fences or barricades shall not be less than six feet in height, shall not be less than nine feet from the building, and shall be built of three-fourths inch boards laid tight together and securely fastened to four-inch by four-inch uprights, set not over four feet apart with two-inch by four-inch bracing and girts. The posts shall be securely set and braced to prevent buckling or overturning. The fence shall be continued past each end of the building a distance equal to the required distance from the face of the building and returned back to the property line at each end, but no fence shall extend beyond the lot line of the property upon which the building is located without the consent of the adjoining owner. Wherever the fence cannot be continued past the end of the building the required distance, a sidewalk cover, or other effective protection shall be provided to guard the public from falling materials.
B. Fences may be omitted where the building is set back twenty (20) feet from the street or alley line. For buildings over forty (40) feet high, similar fences may be used if located fifteen (15) feet or more from the building, except that the boards on the fence shall be nominal two-inch plank. Fans shall also be provided at each alternate story unless the fence is at least twenty-five (25) feet from the building. In the storage of materials and the erection of fences or barricades, care shall be taken to leave fire hydrants easily accessible.
(Prior code § 150.101)
15.40.080 Bridges or sidewalk covers.
A. Bridges or sidewalk covers shall be provided over all sidewalks or alleys in all cases where it is not permissible to use a fence as required in Section 15.40.070. The cover or bridge for sidewalks, streets, or alleys shall not be less than eight feet wide overall and the inner edge shall be located not less than seven feet from the exterior wall of the building. The frame of the bridge shall be designed to carry at least one hundred fifty (150) pounds per square foot and the top deck shall be designed to carry not less than two hundred fifty (250) pounds per square foot. Nominal two-inch planking shall not span more than three feet. The roof of the bridge shall be made watertight and suitable provisions shall be made for lighting the walk under the bridge by means of forty (40) watt electric lights placed twelve (12) feet on center. The clear ceiling height above the sidewalk under the bridge shall not be less than eight feet six inches except the lower ends of knee braces which shall be located not less than six feet six inches above the sidewalk.
B. The inner wall of the bridge shall be sheathed with nominal two-inch plank from the sidewalk to the top of the bridge. A substantial two-inch plank barricade not less than four feet high shall be provided on the outer edge of the roof and shall be well braced. Posts shall be knee braced in both directions by two-inch by six-inch pieces at an angle of forty-five degrees, or other equally effective method. Posts may be set directly on the concrete sidewalk, but if there is no concrete sidewalk, suitable mud sills and stringers shall be provided for posts and a temporary tight two-inch plank sidewalk for the full width of the bridge shall be provided the full length of the bridge. There shall be no handrails or other obstructions on the outer edge of the bridge.
C. Where desired, an iron or structural steel bridge may be constructed in place of the wooden bridge herein required, but the steel bridge shall be of equivalent strength and dimensions and shall be subject to the approval of the joint department of building commissioners in each case.
(Prior code § 150.102)
15.40.090 Fans.
A. In wrecking or extensively remodeling buildings over forty (40) feet high, fans shall be provided at each alternate story level in addition to fences and bridges required by Sections 15.40.070 and 15.40.080. The fans shall project from the side of the building not less than six feet, and shall be designed for a live load of one hundred (100) pounds per square foot for a distance of five feet out from the wall line. The lookouts or supports shall be not less than two-inch by twelve (12) inch joists spiked together and spaced not over eight feet on center, cantilevered on the wall and adequately anchored to beams, girders, or joists of the building with steel cables or bolts of sufficient strength to withstand the maximum load which can be applied to the fan outside of the building.
B. The entire area of the fan shall be floored with two-inch plank laid tight and solid plank guard rails three feet in height shall be provided on the outer edge and the ends of the fan rigidly braced and secured to lookouts.
(Prior code § 150.103)
15.40.100 Construction of fences, fans and bridges.
A. All materials used in the construction of fences, barricades, fans, and bridges shall be clean, sound, and free from decay or other defects which would seriously impair its strength. Posts, beams, joists, and lookouts shall be one continuous piece and splicing shall be prohibited. All parts of the construction shall be well spiked or bolted to develop the strength of the structural members.
B. All temporary sidewalk covers or fences erected on public property in accordance with these provisions which remain in place longer than thirty (30) days shall be painted on all surfaces exposed to public view with at least one coat of suitable oil paint. Signs may be painted thereon descriptive of the building, the name and business of prospective tenants and the name, address and business of the owner or lessee. The signs shall cover not more than one-half of the street side of the barricade, bridge, or fence. No banner or temporary sign shall be permitted.
(Prior code § 150.104)
15.40.110 Wrecking operations.
A. After obtaining a permit from the joint department of building commissioners as well as the permission of the Evansville board of public safety for occupancy of any public property, the wrecker shall proceed to erect all required protections and shall then notify the department to inspect them before proceeding with wrecking operations. The wrecking company, or person who secures the permit for the razing of the structure, shall be held liable for compliance with the provisions herein and other laws and ordinances pertaining to the wrecking of buildings and shall also be liable for the acts of subcontractors or other persons who do any work or removal or destruction in the wrecking of the building.
B. The methods to be used in wrecking shall not involve undue hazards to the public or unnecessary danger to the workmen and shall be in accordance with good practice. Suitable provisions shall be made for the disposal of materials which are accumulated during the wrecking operations. No part of the structure shall be overloaded by excessive storage of materials or debris. Chutes, scaffolds, derricks, and hoists shall be strong, substantial, and safe for the purpose for which they are intended. Materials which in their removal would cause an excessive amount of dust shall be well wet down to prevent the creation of a nuisance. No open fires or other sources of flame except necessary cutting torches shall be used in the inside of the building being wrecked, nor in close proximity to inflammable materials outside of the buildings, and every precaution shall be taken to prevent the possibility of fire.
C. The requirements of this section shall be the minimum requirements for average conditions and in the case of unusual or dangerous situations, adequate provisions shall be made and every precaution taken to protect the safety of the public and the workmen.
D. The joint department of building commissioners is given authority to stop the wrecking of any building within the county wherever in his judgment it is being done in a reckless, careless, or unsafe manner or in violation of any local ordinance. When any wrecking work shall have been stopped it shall not be resumed until the department shall have been satisfied that all precautions shall be taken for the protection of life and property and that the work shall be prosecuted in a safe manner and in conformity with the county ordinances.
E. At the completion of all wrecking the lot shall be cleaned of all rubbish and debris accumulated in the course of wrecking and the lot leveled off so as to leave no unsightly condition. Any basements, cellars, or other excavations shall be filled in and leveled off with new earth puddled and tamped to insure the minimum of settling or shall be fenced off, all to the approval of the joint department of building commissioners. Landfill receipts for wrecking operations, roofing tear-offs, etc. by the permit applicant shall be maintained for a period of one calendar year and will be made available upon request by the building commission for each project for which a permit is required.
(Ord. dated 4/11/94 § 15; prior code § 150.105)
15.40.120 Exceptions.
The provisions of this chapter shall not apply to the wrecking or removal of fifty (50) percent or less of any building or structure incidental to or necessary in connection with repair, alteration, or enlargement of the building or structure.
(Prior code § 150.106)
15.40.130 Fixed fees.
A. The board of examiners of the building commission by and through the building commission shall issue the license required by Section 15.40.010 to any person who is a citizen of the United States and who pays the fees provided by Sections 15.12.100 and 15.12.110; however, the building commissioner, subject to review and appeal to the board of examiners, shall have the right to refuse to issue, revoke, or suspend the license upon satisfactory proof that the individual:
1. Has violated local ordinances or state or federal laws or regulations pertaining to his business operations or disposal of demolition debris;
2. Is incompetent or engaged in misconduct in the practice of his business;
3. Has engaged in deceit or fraud in obtaining his license; or
4. Has insufficient knowledge, experience, equipment or storage facilities to properly conduct wrecking operations.
B. Any person aggrieved by the decision of the building commissioner regarding the issuance, suspension or revocation of a license hereunder shall have the right to have said decision reviewed by the board of examiners by appealing said decision in writing within ten (10) days of written notice of the decision of the building commissioner. A hearing shall be conducted and the decision of the board of examiners shall be final.
(Ord. dated 4/11/94 § 14: prior code § 150.107)