HomeMy WebLinkAbout80-3-1873532
ORDINANCE NO. 80-3-1873
AN ORDINANCE AMENDING CHAPTER 7, BUILDINGS AND BUILDING
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, TO ADOPT
THE KENTUCKY BUILDING CODE AND REPEAL SECTIONS IN CONFLICT WITH THE
KENTUCKY BUILDING CODE
WHEREAS, Kentucky Revised Statutes Chapter 198B requires the City of
Paducah to adopt the Kentucky Building Code, effective February 15, 1980, and
WHEREAS, certain sections of the Code of Ordinances of the City of
Paducah are not in uniformity with the Kentucky Building Code, and
WHEREAS, it is the intention of the Board of Commissioners of the City
of Paducah to update the ordinances contained in Chapter 7, Building and Building
Regulations, to bring them in conformity with Kentucky Building Code.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS
OF THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That Section 7-5 of the Code of Ordinances of the City
of Paducah is hereby amended to read as follows:
"Sec. 7-5. The following shall be and are hereby declared to be
the inner fire limits:
All that portion of the City of Paducah lying and being in an
area, the exterior boundary of which is more particularly
described as follows:
Beginning at the low water mark of the Ohio River at a point
one-half the distance between Clark Street and Adams Street,
running thence west along said half -way point to the west line
of 7th Street one-half way .between Clark Street and Adams Street;
thence north along the west line of 7th Street to the north line
of Washington Street; thence west and along the north line of
Washington Street to the west line of 11th Street, if extended;
thence north along the west line of 11th Street to a point half=
way between Washington Street and Kentucky Avenue; thence
west along said half -way point to the east line of 19th Street;
thence north and along the east line of 19th Street to a point
one-half way between Broadway and Kentucky Avenue; thence
west and along said half -way point to the east line of 27th Street;
thence north and along the east line of 27th Street to a point
one-half way between Broadway and Jefferson Street; thence
east and along said half -way point to the west line of 11th Street;
thence north and along the west line of 11th Street, if extended,
to a point one-half way between Jefferson and Monroe Streets;
thence east and along said half -way point to the west line of 7th
Street; thence north and along the west line of 7th Street -to
a point one-half way between Monroe and Madison Street; thence
east and along said half -way ' point to the low water mark of the
Ohio River; thence south along the low water mark of the Ohio
River to the point of beginning".
SECTION 2. That Section 7-6, Building Code -Adopted, is hereby
amended to read as follows:
533
"Sec. 7-6. (a) The 1980 edition of the Kentucky Building Code -First
Edition; the BOCA Basic Mechanic Code/1978; and BOCA Basic Energy Conservation
Code/ 1978 are hereby adopted by reference and made a part of the public records of
the City and a part of this code as if fully set out herein".
"Sec. 7-6. (b) -The Kentucky Building Code is hereby made applicable
to all buildings within the.. City of Paducah, including .single family dwellings"
SECTION. 3. That Section 7-12, Liability insurance required for house moving
is hereby amended to read. as follows:
"Sec. 7-12. Liability insurance required for. house moving,
(a) Any person applying for a permit to use the streets, alleys and
other public ways of the City for -the purpose . of moving buildings or other
structures thereon, which permit is required by the building code, shall obtain and
file with the city Building Inspector, and -continue to- keep in, force. -.-until the build-
ing and electrical inspector has furnished the City Building: Inspector with certi-
fication in writing that, such . moving work has been completed., a .liability. insurance
policy conditioned for the benefit of persons suffering injury, loss or damage to
their persons or property, _resulting:from any :negligence in: connection ,with the use
of the streets, alleys and other :public ways for the purpose of, --:moving- buildings
or other structures thereon, or as : a result of :the negligence of the city,- its officers,
agents :or employees., and such policy shall protect the city against any liability which
may be imposed by law upon it by reason of the use of. the streets., alleys or other
public ways for that purpose. Such policy shall be in: the- sum: of not less than
One Hundred Thousand Dollars . ($100, 0:00-. 0.0) for .thee injury. -or- death of -:any one
person; not less than Three Hundred Thousand Dollars: ($300,000. -00) -for the injury
or death of all persons :affected. by any -one:.accident:; :and, not ..less. than Fifty
Thousand :Dollars -($50;0,W.00) for the benefit of,any person .who may suffer . property
damage in any one accident resulting from -the use. of streets;. alleys -'and other public
ways for the purpose of moving buildings or; other -structures thereon.'. The policy
of insurance shall, as to the form, thereof... and the::solvency •of:'the insurance
company, ..be subject to the. approval of the- City :Building: Inspector The- city
Building Inspector is, authorized -.and empowered _to. surrender -for cancellation such
liability policy -after he :%has- determined that the- moving -of the building or other
structure.. for which the permit, is granted has been completed..
(b) _. In ,addition to the -.-above mentioned insurance; no permit to use
the street, - alley and, public ways-- of the:; city for --the purp:ose7 of -m, owing buildings or
other structure thereon will be issued until the applicant. provides a bond on a
insurance company,-. licensed-: to do_ business An the -state _of .-Kentucky, in favor of the
City of Paducah protecting the city from damage to the streets, alleys and other
534
public ways including but not limited to traffic control devices in the penal sum of
One Hundred Thousand Dollars ($100,000.00)".
SECTION 4; That Section 7-18; Fire and safety requirements for
commercial property, is hereby amended to ..read as follows -.-
11 Sec.
ollows: "Sec. '7-18. 'A Fire and safety requirements for commercial property.
-Notwithstanding and. in addition to' any other requirements as may -be
specified 'in siandar°d-s of safety and construction codes as adopted by the City of
Paducah, the following requirements shall be imposed on all ,commercial property in
the City of Paducah, Kentucky.
All commercial property within the inner _fire. zone or any commercial
property which is over � one story in- height -shall provide a- :means in which fire-
fighters may enter each floor by- either providing windows of glass or other break-
able material or knock -out panels of a minimum dimension of three feet by six feet,
or by such other means as may be approved prior to construction or modification
of any building . by the building inspector, and the fire- -marshal . All commercial
buildings shall be equipped.. With sprinkler systems (dry or wet type) and with
hose:.connection devices from the front of- the .building, as per National Fire Pro- -
tection Association standards. All commercial property capable of accommodating
fifty (50) persons or more, and all commercial property within the inner fire zone
or outer fire zone which is not equipped with sprinklers, and all property either
commercial or residential, which in they judgment of the building inspector- and/or
fire marshal should - be protected by fire detection, shall. be equipped with fire
detectors or alarm systems as may be approved by the fire marshal and building
inspector or Underwriters' Laboratories. All -commercial buildings which in the
determination of the building inspector and/or fire marshall do not afford adequate
natural lighting in the event of a power failure shall be equipped with sufficient
auxiliary lighting to enable occupants of the building to make ,a safe- exit".
SECTION 5.That Section 7-36, Inspection when .service disconnected
because of defects;. is hereby amended to read as follows:
"Sec. 7-36. Inspection when service disconnectedbecause"of defects.
(a) The Building and Electrical Inspector of the City of Paducah is,
hereby empowered to order a discontinuance of electrical power
to any building or structure within -the City .of Paducah., when
the wiring or any portion thereof is found to be in violation of
the National.. Electrical- Code and/or the , Electrical Code ordinances
of the City of Paducah when said violations constitute a substantial
and immediate hazard to life. or property. The. Building and
Electrical Inspector shall serve on the electrical power company, a
written order -stating the address and-, location - to which the power-
is
ower-is to be discontinued, and the power shall not be reconnected until
approved by the Building and Electrical Inspector. Any party ag-
grieved hereby may appeal the decision of the Building and Electri-
cal Inspector to the Electrical :Appeals and Review Board within
twenty-four (24) hours of the receipt of written notification of the
535
intention to discontinue electrical service. The Electrical Appeals
and Review Board shall meet within twenty-four (24) hours, ex-
cluding Saturdays and Sundays, after: receipt of a written appeal.
The Electrical Appeals and Review Board shall make a decision,
upholding .the_- decision, of the Building- and Electrical Inspector, or
overruling him within twenty-four (24) hours. Either party may
appeal the.:decision- of the : Electrical Appeals and Review Board to
the Kentucky Board of Housing, Building and Construction. The
-Electrical Power Company shall- :not discontinue service= until all
appeals are exhausted.
(b) In the event electric service has been disconnected or discontinued
in any building or structure because of any -defects therein - - -
necessitating a rewiring of such building or structure or the re-
--placing of- any. material .part of the wiring therein,:.a certificate of
inspection shall be secured from the building and electrical inspector
before service is, reconnected, but no inspection shall be required
nor any certificate of inspection secured in any case where the re-
moval of a meter - has- resulted from -'-the voluntary discontinuance
of service or change of tenants or occupants in a building where
the wiring therein -has not thereafter been r-ep.laced-or`renewed"'.
SECTION 6._ That Section: 7-bC -Liability insurance required for signs
suspended over or extending:.into a_ -street,- is --hereby .amended to read as follows:.
"Sec.. 7754.. -Liability- insurance- required for signs-suspende2d over or
extending into street.
Before any, personmay be issued a permit under this article Tor,a
sign suspended over -a streeVr or. _extending- into a. street =more than one- :(1) ' foot beyond
the building line, such person shall obtain and file with the ---city engineer.,- and con-
tinue to keep -in -.force while such sign remains suspended, a liability insurance
policy; conditioned for the benefit.: of, per sons., suffering injury, loss or -'damage to
their person: or property resulting from the suspension and . maintenance of such sign, "
or resulting from any accident which might occur by reason of the falling of such
sign, or resulting from any cause in connection with the suspension or maintenance
thereof. Such policy shall also protect the city, its agents, servants or employees,
against any and all liability which may be imposed upon it or them by reason of the
suspension or maintenance: -of :such sign;; -.or on- account. of:any. accident -resulting from
the suspension or maintenance thereof. - :The :liability. policy: shallbe .in.: the sum of
not less than One ,Hundred Thousand -:Dollars .- ($1.00:2 0.00. 06) for the injury to or
death of any one person, and not less than Three Hundred Thousand Dollars
($300,000.00) for the injury to or death of all persons affected by any one. accident,
and not less than Fifty Thousand Dollars ($50,000.00) for the benefit of persons who
may sustain property damage in any one accident resulting from the negligent
suspension or maintenance of such sign".
SECTION 7. That Section 7-99, Penalties, be, and they are hereby,
created to read as follows:
"Sec. 7-99. Penalties. Any person who violates any provision of . Chapter 7
of the Code of Ordinances of the City of Paducah, or the Uniform State Building Code,
or any directive or order issued purusant thereto shall be fined not less than $10.00
nor more than $1,000.00. Each day the violation continues shall constitute a separate
offense".
536
SECTION 8. A new Section 7-86, Inspection and approval tinder Basic
Energy Conservation Code, is hereby created. as follows:
"Sec 7-86. Inspection and approval tinder the Basic Energy Conservation Code.
It shall be unlawful for any person to conceal insulating materials,
apparatus and/or .equipment governed by' the Basic Energy Conservation Code until
after such insulating materials, apparatus and/or equipment has been inspected and
approved by the building' inspector and a- certificate of approval issued.
SECTION 9. That the' following sections of the Code of Ordinances of the
City of Paducah -'be, -and -they- are hereby, repealed: Sec. 2-241, Exemption from
paying building and electrical permit and -inspection fees; 7-6.1, Building Code -
Amendments;: 7-8, -Standards for installation of -gas appliances and piping; 7-10, Build-
ing permit not required for repairs or're-roofing; exceptions; 7-17, Penalty'for
violation -of chapter; 7-28.1, Compliance with electrical codes and standards of fire
underwriters required; 7-31, -Wiring carrying more than fifty (50) volts in
residential buildings outside limits; 7-32, Materials; fittings, etc., to be of approved
type; : 7-33, Requirement for flexible cords ' 7-34, Maintenance of wiring; compliance
with article when. -remodeling .
SECTION -10.: This ordinance shall be introduced and remain on file for
one week for public inspection in the completed form in which it shall be put upon
its final passage, and if adopted shall be. in full force and effect ten (10) days
thereafter .
54
Mayor
Introduced 'by the Board of Commissioners February 26, 1980
Passed by the Board of Commissioners March 11, 1980
Recorded by Louise McKinney, City Clerk, March 11, 1980.