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HomeMy WebLinkAbout2007-9-7336387 ORDINANCE NO. 2007-9-7336 AN ORDINANCE AMENDING CHAPTER 18, BUILDINGS AND BUILDING REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY SECTION 1. That Chapter 18, Buildings and Building Regulations of the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to read as follows: ARTICLE I. IN GENERAL SECTION i�sTl.T>� LIMITS. The fellevving shall be .d a hereby y .deep e.d to be theinner- fffe limits A414iat peffien ef the City of Padueah lying a -ad being in an area, the e*ter-ier- beundary ef whieh ! par-fieular-ly deser-ibed as fellows: Beginning at the low water- mark of the Ohio River- at a point halfway between Clark Str-eet and Adams -Street, fufming thenee west along said halfway point to the west line of Sevenffi Street one half way beviveen Clark Street and Adams Stfeet; thenee aeAh along the west line of Seventh Street to the nefffi line of Washington Street; thenee west and aleng the tiefth line of Washington Street to the west line of 1 Ith Stfeet, if ) thenee neAh along the west line of 1 ith Street to a point halfway between Washington Street and Kentueky Aveniie; thence west aleng said hal&�ay point to the east line of 19th Street; theflee :-R-A-;A1h-;fflR-d-a1-eng the east line of 19th Street to a point hal&�ay between Broadway and Kentuoky A -venue; thenee west and along said ha4fway peii# to the east line of 27th Street; thenee north and aleiig the east line ef 27th Str-eet to a point halPway between Broadway and jeffer-sen StFe thenee east and aleng said ha!Pway point to the west line of 1 Ith Stfeet; thenee neAh and aleng- ) if extended, alongStfeets; thenee east and along said ha4fway point to the west line of Seventh Stfeet; thenee and - Street; thenee east and along said hal&�ay point to the low water- mark of the Ohio River-; thenee south along the low water- mark of the Ohie River- to the pei-PA of b -' i - T SECO 7 FnE ARM SAFET-Yzl�ol JIBE ENTS FOR dT�T CO ERGIAT PROPERTY. c�r Notwithstanding Z a in additien to any other- i e uir-emyAs-cis may b p e 4; e.d , b 11 b imposed upeii aleefmner-eial e,+., ,� the ;t. YY°Y J J (1) Alleemfner-eia4 YY°Y J ,. efty n+b, i - thef"zone „�� inner- e e,�r t- fleer- b. d,dews oglass other- 1 b.l +or- 1 panels -either- f b v 1 1 + ef a miaim�am Elimensieii of dffee feet by si�i feet, or- by sueh other- mea -ns as may be appr-eved prior- to eenstraefien or- medifieatien of any building by the Building hispeeter- and the Fife J Y a r (2) All eeniffiefeial buildings shall be equipped with spr-irAder- systems (dr -y typ,& L� :1tiq:. � ..:... �,M.m.n.,r. wxa.M Ir • ,� ..�. , u ,- ., �. ' . L � _ r__l L. •. _...�MSgx1Y16.i.a.CCv .. ru.l ,l. - .�.. u=tfm_tJu:.�.�..rel..m:.nun ww..�:.u•.nw�.-=,...-:.e.:es..as.a....:_. �,. nl. 387 reasonable per-iod within w-hieh to eemply with the requirements ef this seetien. SECTION 18-4. STOCKYARDS. (a) The Building and Electrical Inspector shall not issue any building permit for the erection of any stockyard within the city limits, unless the plans for the construction of the same have been submitted to and approved by the Board of Commissioners. (b) Any structure constructed under the provisions of any building permit issued under authority granted by the Board of Commissioners pursuant to subsection (a) above NZIM MEN -S ■_ reasonable per-iod within w-hieh to eemply with the requirements ef this seetien. SECTION 18-4. STOCKYARDS. (a) The Building and Electrical Inspector shall not issue any building permit for the erection of any stockyard within the city limits, unless the plans for the construction of the same have been submitted to and approved by the Board of Commissioners. (b) Any structure constructed under the provisions of any building permit issued under authority granted by the Board of Commissioners pursuant to subsection (a) above RM shall not be considered, deemed or declared to be a nuisance except by order or judgment of a court of competent jurisdiction. SECTION 18-5 OCCUPANCY OF UNINHABITABLE BUILDINGS; TERMINATION OF UTILITY SERVICE. (a) In the event a city Building and Electrical Inspector or a city Fire Marshal shall issue a notice of violation together with an order to vacate against any building or structure, any resident or occupant thereof shall immediately vacate such building or structure in conformance with the order to vacate, and no resident or occupant shall thereafter occupy such building or structure until such time that the order to vacate has been rescinded. Additionally, in such event, the city Building and Electrical Inspector or city Fire Marshal shall have the authority to issue an order of disconnect to Paducah Water Works and/or Paducah Power System and/or Jackson Purchase Electric Cooperative Corporation, and, upon receipt of such order, Paducah Water Works and/or Paducah Power System and/or Jackson Purchase Electric Cooperative Corporation, as the case may be, shall disconnect service to the building or structure. Such service shall remain disconnected for so long as the order to vacate remains in force and effect. (b) It shall be unlawful for any person to occupy a building or structure which is subject to an order to vacate. In the event any person continues to occupy a building or structure which is subject to an order to vacate, the city Building and Electrical Inspector or the city Fire Marshal is authorized to obtain a court order which shall order the forceful removal of such occupant from such building or structure. (c) It shall be unlawful for any owner of a building or structure to knowingly permit any person to occupy a building or structure which is subject to an order to vacate. Additionally, such owner shall also secure the building or structure so as to prevent any unauthorized person from occupying the building or structure. .... i.,.,....�:zr. 1.,,� M...w«.�i.�..im�r�uu�ddl• `. '.�""®m�e _... «. Buba... ip w�u�« � 09 SECTIONS 18-7 — 18-30. RESERVED. ARTICLE 11. STANDARD CODES ADOPTED. SECTION 18-31. BUILDING, ENERGY CONSERVATION MECHANICAL CODE, AND RESIDENTIAL CODE ADOPTED; APPLICABILITY OF BUILDING CODE (a) The 2882 2007 edition of the Kentucky Building Code, the International Basic Mechanical Code, 2989 2006 edition; and the International Basic Energy Conservation Code, 2899 2006 edition; and all subsequent editions of these codes and any amendments as adopted by Kentucky Board of Housing, Buildings and Construction are hereby adopted by reference and made a part of this Code as if fully set forth herein. (b) The Kentucky Building Code is hereby made applicable to all buildings within the city, excluding one and two-family dwellings. (c) The 288.2 2007 Kentucky Residential Code is hereby made applicable to all one and two-family dwellings and normally accepted accessory structures. 14 shall be ,..lawful for --any per -son to eeneeal insulating materials, apparatus SECTION 18-33. FIRE PREVENTION CODE. For provisions concerning the adoption of the Kentucky Standards of Safety (Fire Prevention Code) by the city, see sections 46-31 through 46-34. SECTION 18-34. RESERVED. SECTION 18-35. ELECTRICAL CODE ADOPTED. The 298-2 2005 National Electrical Code, as prepared by the National Fire Protection Association and as amended from time to time, and all subsequent editions of this code, are hereby adopted by reference and made a part of the public records of the city by this section. SECTIONS 18-36--18-60. RESERVED. ARTICLE III. PERMITS AND FEES. SECTION 18-61. ISSUANCE OF PERMITS• PERMIT FEES (a) The Building and Electrical Inspector shall, upon his approval of plans and specifications for buildings and structures and components therein, in accordance with the provisions of the building codes adopted by this chapter and all laws and ordinances relating to the same subject matter, issue a permit required by said building codes to the applicant therefor upon the payment to the city of the fees set forth in subsection (d) hereof based upon the eeA value of construction, alteration or repair of the building or structure, less the contract price of the electrical contract as determined in subsection (b) hereof. A credit against the fee shall be given for the fee paid for plan review under section 18-62 when said plan review fee is paid on the building for which the building permit is issued. 390 (b) For making electrical inspections as provided in this chapter, there shall be a charge for electrical contractors, where the contract price can be determined and verified, as set forth in subsection (d) hereof, based on the electrical contract. For all other electrical inspections, the fees shall be charged as set forth in subsection (e) hereof. (c) The Building and Electrical Inspector shall issue permits for the demolition, wrecking, razing or moving of buildings or other structures, as required by the building code, when the applicant therefor has complied with provisions of the building code and the standards of safety adopted by this Code and all laws and ordinances relating to the same subject matter, and has paid to the city a fee of $50.00. All demolition permits shall expire at the end of 60 days. All applicants for a demolition permit shall provide the Building and Electrical Inspector a site at which all nonsalvageable materials will be dumped. A certificate of liability insurance in the minimum amount of $100,000.00 combined single limit for personal injury and property damage shall be required when the building being demolished is within five feet of any building owned by another person. All demolitions shall be taken to grade and slabs removed, covered with dirt, seeded and fertilized, except as hereinafter provided. If the slab is touching a party wall, the owner may, instead of removing the slab, provide a solid screening barrier, at least eight feet tall, along the portions of the property adjoining rights-of-way. A sewer disconnect permit shall be obtained from the Engineering Department to cap or plug all sewer connections. All sewer connections related to a permitted demolition shall be properly plugged and inspected by a qualified representative of the city prior to abandonment. (d) Subject to the minimum fees set out in subsection (e) below: (1) If the eest value is less than $3,000.00, the fee shall be $20.00. (2) If the Best value is more than $3,000,00, the fee shall be $20.00 for the first ` $3,000.00, plus $4.00 for each additional $1,000.00 or fractional part thereof, up to and including $100,000.00. (3) If the lest value is more than $100,000.00, up to and including $500,000.00, the fee shall be $408.00 plus $3.00 for each additional $1,000.00, up to and including $500,000.00. (4) If the eest value is more than $500,000.00, up to and including $10,000,000.00, the fee shall be $1,608.00 plus $1.00 for each $1,000.00, up to and including $10,000,000.00. (5) If the eest value is more than $10,000,000.00, the fee shall be $11,108.00 plus $0.50 for each $1,000.00 thereafter. (e) The minimum fee for all electrical inspections shall be: (1) Call-back inspections and all others, per trip: $15.00. (2) Single-family units, two inspections: $60.00. (3) Multi -family units, up to eight units, two inspections per unit: $50.00 per unit. Dv tem,...fa -.. () (5) vv company $5.00. (4� Temporary wiring as provided elsewhere in this chapter, for lights and power, which is not a power company temporary, or provided for in subsection (d) herein: $15.00 $20.00 (6) (Q For each additional inspection trip required to be made due to permittee's failure to comply with all electrical codes and standards of safety, each trip: $15.00. (7) U For all work performed on Sundays, holidays and after regular working hours, at the request of the permittee, all fees heretofore numerated shall be doubled. (S) (7) Theme Building Inspector is hereby authorized to and shall have the responsibility for setting a reasonable inspection fee for any wiring, device, apparatus, appliance or equipment which is not specifically covered herein. (f) In the event that any construction, razing or moving of any building or structure is commenced before a permit is issued for the same by the Building and Electrical Inspector, a penalty shall be charged for the issuance of a permit in addition to the regular fee, which penalty shall be inm-the e- 391 amount � It t t ft 4 .n..aav uaa� v1 Wir✓•vv Vi in Hii amount , whieh� pA is 1 U the penalt5x shall texee 7 ......,..., . ,,a ..,aii.,,,,ii, .� larger-. "�� $1,000 00 as required by Kentucky Building and Residential Code. SECTION 18-62. FEES FOR EXAMINATION AND APPROVAL OF PLANS. (a) The Building and Electrical Inspector, upon application being made for approval or disapproval of plans and specifications for buildings in accordance with the Kentucky Building Code and all other laws and ordinances relating thereto, shall collect a fee for the city as follows: (1) New construction plan review fees. a. New construction plan review fees for the City of Paducah will be based on one-tenth of one percent or 0.001 of the cost of construction per square foot. The costs per square foot for occupational uses are: b. For additions to existing buildings that will not involve a change of use for the entire building, or result in any other situation which would require the entire building to conform to the Kentucky Building Code, then only the cost of the additional square footage will be used to calculate the fee. c. For an existing building that will result in a change of use or occupancy, the rate will be based upon the new occupancy use and the total square footage for the entire building or structure will be used to calculate the fee. d. For any alterations or repairs as set out in article I, section 1, paragraph (9), article I, section 4, and article I, section 6 of the Kentucky Building Code, a fee will be charged. The owner or his representative will submit the contractor's costs and the 0.001 multiplier will be applied to that figure to determine the fee. e. Plan review and inspection fees will be included with plans at the time of submission for approval. The Building and Electrical Inspector will check all plans prior to review to ensure that the proper fees have been paid. (2) Automatic sprinkler review fee and all other fire protection devices. a. The fee for the sprinkler review is based on the number of sprinkler heads in the system and the same as Kentucky Building Code. Per Square Foot Residential ................. $20.00 Assembly occupancies: Nightclubs/restaurants ...... .. 35.00 All other assembly ......... .. 30.00 Educational ..................20.00 Day care centers .............. 20.00 Business .................... 20.00 Mercantile ...................20.00 Industrial factories ............ 20.00 Warehouses ..................11.00 Institutional ..................25.00 Frozen food plants ........ .... 20.00 High hazard .................. 30.00 All other nonresidential ......... 20.00 b. For additions to existing buildings that will not involve a change of use for the entire building, or result in any other situation which would require the entire building to conform to the Kentucky Building Code, then only the cost of the additional square footage will be used to calculate the fee. c. For an existing building that will result in a change of use or occupancy, the rate will be based upon the new occupancy use and the total square footage for the entire building or structure will be used to calculate the fee. d. For any alterations or repairs as set out in article I, section 1, paragraph (9), article I, section 4, and article I, section 6 of the Kentucky Building Code, a fee will be charged. The owner or his representative will submit the contractor's costs and the 0.001 multiplier will be applied to that figure to determine the fee. e. Plan review and inspection fees will be included with plans at the time of submission for approval. The Building and Electrical Inspector will check all plans prior to review to ensure that the proper fees have been paid. (2) Automatic sprinkler review fee and all other fire protection devices. a. The fee for the sprinkler review is based on the number of sprinkler heads in the system and the same as Kentucky Building Code. fl. Range hoods reN4ew fee, per- hood—. 20-00 g. Tanks installation plan .e.. For- %t t-afik ... 25.00 Fef eaehzadditional-tank 300 (b) All approval of plans for commencement of construction shall expire at the expiration of one-year six months after the date of approval unless a building permit is obtained under section 18-61. SECTION 18-63. INSPECTION FEES. (a) The Building and Electrical Inspector shall provide inspections for compliance with the city's housing code and the building, electrical and gas installation codes adopted by the city, and, whenever the inspections are made for issuing a certificate of occupancy or compliance, whether for new or old construction, except new construction in which compliance with plans and specifications only is sought for which other fees are to be paid, the Inspector shall collect a fee of $25.00 for inspection of buildings up to 2,000 square feet of floor space, plus $10.00 for any portion of the next 2,000 square feet of floor area, and $5.00 for each additional 2,000 square feet of area or any part thereof, for the inspection and certificate. (b) In the event of the finding of noncompliance, the Inspector shall collect a fee of $10.00 for each reexamination plus $1.00 for each item to be reexamined in excess of one. No certificate so issued shall be construed as a guarantee against any defects, faulty material or workmanship or any hazard which may exist on the inspected property, nor shall any certification be a guarantee against future noncompliance with any code when a change in condition or adoption of a stricter code subsequently occurs. 392 Y Mr ail .. .. .. . . fl. Range hoods reN4ew fee, per- hood—. 20-00 g. Tanks installation plan .e.. For- %t t-afik ... 25.00 Fef eaehzadditional-tank 300 (b) All approval of plans for commencement of construction shall expire at the expiration of one-year six months after the date of approval unless a building permit is obtained under section 18-61. SECTION 18-63. INSPECTION FEES. (a) The Building and Electrical Inspector shall provide inspections for compliance with the city's housing code and the building, electrical and gas installation codes adopted by the city, and, whenever the inspections are made for issuing a certificate of occupancy or compliance, whether for new or old construction, except new construction in which compliance with plans and specifications only is sought for which other fees are to be paid, the Inspector shall collect a fee of $25.00 for inspection of buildings up to 2,000 square feet of floor space, plus $10.00 for any portion of the next 2,000 square feet of floor area, and $5.00 for each additional 2,000 square feet of area or any part thereof, for the inspection and certificate. (b) In the event of the finding of noncompliance, the Inspector shall collect a fee of $10.00 for each reexamination plus $1.00 for each item to be reexamined in excess of one. No certificate so issued shall be construed as a guarantee against any defects, faulty material or workmanship or any hazard which may exist on the inspected property, nor shall any certification be a guarantee against future noncompliance with any code when a change in condition or adoption of a stricter code subsequently occurs. 392 (c) Inspectors employed by the city or agencies of the city to make inspections in federally assisted project areas are hereby authorized to provide inspections for compliance with the city's housing code and the building, electrical and gas installation codes within the project areas; provided, however, that any inspectors performing services relating to any specific code must be adequately qualified and where required must possess any necessary certificates or licenses as may otherwise be required of the Building and Electrical Inspector of the city. Any inspectors employed for service in such federally assisted project areas shall be responsible for coordinating their activities with the city's Building and Electrical Inspector and to assist in seeing that all improvements and alterations are properly permitted and generally that all applicable provisions of this Code and any other ordinances of the city and statutes of the Commonwealth of Kentucky are complied with. SECTION 18-64. 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 Building and Electrical Inspector has furnished the city Building Inspector with certification 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 $100,000.00 for the injury or death of any one person, not less than $300,000.00 for the injury or death of all persons affected by any one accident, and not less than $50,000.00 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 streets, alleys and public ways of the city for the purpose of moving buildings or other structures thereon will be issued until the applicant provides a bond on an insurance company licensed to do business in the State of Kentucky, in favor of the city, protecting the city from damage to the streets, alleys and other public ways including but not limited to traffic -control devices, in the y penal sum of $100,000.00. SECTION 18-65. COLLECTION AND DISPOSITION OF FEES. It shall be the duty of the Building and Electrical Inspector to collect the fees prescribed in this chapter and to promptly remit to the Finance Director the amounts collected by him, and the amount of such fees shall be paid into and become a part of the general fund. SECTIONS 18-66--18-90. RESERVED. 394 ARTICLE IV. ELECTRICAL WORK. SEC 18-91 METALLIC TUBING OR RIGID CONDUIT REQUIRED IN BUSINESS BUILDINGS. All wiring shall be installed in electrical metallic tubing or rigid conduit in the a to . fife limits of :?:e city in all business buildings; provided, however, such tubing or conduit shall not be required if the Building and Electrical Inspector finds that other wiring methods will not create a hazard and authorizes the use of such other wiring methods in writing. SECTION 18-92. INSPECTION AND APPROVAL OF NEW INSTALLATIONS. It shall be unlawful for any person to conceal electrical wiring until after such wiring has been inspected by the Building and Electrical Inspector and a certificate of approval issued. It shall be unlawful for any electric light or power company to connect with or furnish current to any electrical installation within the corporate limits of the city until after such electrical installation has been inspected and a certificate of approval and acceptance issued. SECTION 18-93. DISCONNECTION OF SERVICE BECAUSE OF DEFECTS IN WRUNG. (a) Authority to order disconnection. (1) The Building and Electrical Inspector of the city is hereby empowered to order a discontinuance of electrical power to any building or structure within the city 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 when said violations constitute an immediate hazard to life or property. (2) 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 to be discontinued, and the power shall not be reconnected until approved by the Building and Electrical Inspector. (b) Appeals. (1) Any party aggrieved hereby may appeal the decision of the Building and Electrical Inspector to the Electrical Appeals ana��4e Board within 24 hours of the receipt of written notification of the intention to discontinue electrical service. (2) The Electrical Appeals and Rei4e Board shall meet within 24 hours, excluding Saturdays and Sundays, after receipt of a written appeal. The Electrical Appeals Board shall make a decision, upholding the decision of the Building and Electrical Inspector or overruling him, within 24 hours. Either party may appeal the decision of the Electrical Appeals and Board to the Kentucky Board of Housing, Building and Construction. The electrical power company shall not discontinue service until all appeals are exhausted. (c) Reconnection. 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 replacing 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 395 secured in any case where the removal 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 replaced or renewed. SECT40-14 18 94. 1~'T EC;T'DT('?ARTC LICENSE RPO -1—I —up. (a) Definitions. For- the pufpese of this-seetiorr+cxhe following definitions shal - ars 1 1 +1 + + 1 1 ndieatee di ff + rr � � e�„ vinzrcea:.zxiag- 1 legally ,1 +1 7r + 1 C+ + Aj�ndee G�tfi£ii?-�persoir�ra`v'zro�-ccrczcgccrry-crzxcccrcrnzzcrrraezcyzTccccc Eleetr-ieian Appr-eiAieeship Tr-ai-ning Pr-egr-am, and it shall fufther- mean a per -son engaged in the pr-aetieal installation or- alter-atien of eleetr4eal wiring who has not yet qualified to be eligible feT i i , or- holding themselves out tt Y 1.1 s being engaged i +1,e business of-, installing , a rPn�irinaso b �-E)r een#aeting t + Y � J 11 1 +.' ""� 1 ,1 '+ , ,7 , f",+ r , tent, , Eleetrieal birMg. The installation -a=i•cpicx"rorcrcetrre, applianees,- apparatus,or- any eleetfieal deN4ee— pec -H ei�� person doing thedeic er'instal ;i maintaining any eleetrieal wiring or- equipment s*eet to the pr-e�Asiens of this seetien. sing and/er- installing, r-epaming er- main aining any eleetr4eal wiring or- equipment for only hisleyer�vid:ri e eenfines of his empleyer's-inrush eefnpleK, our y.; an eleet'ieia,.. iy eleetr-ieian who hasssueee$ f lsruxi�osc'd an �m of fe� years in the field of eleetr4eal installation tmder- the National Eleetr-ieal Code. Afastei eketr4eian. Any eleetr-iei-an who hassueetssfi ,hur'ry passed the FeEfdifed ...>K.. ination ,..:sue. this seet.en or- master elee+..;e r, e 1,ra who e f t years' ----nee in the fie!- ef eleetr4eal installation under- the National EleetFieal Code. P helding a valid eleet6eal eentmeter-'s heense afe eligible to take the examination fer- a master.- eleetr4eian's heense. (b)—Qi�, ln&+eeter, The eChief Building -and Eleetfie luxInspeeter- ihereafter- to ber-efeffed to as the Cky Lnspeeten- �L' (e}-�4 sen of seetien.- Thep�isiens of this seeti9n-Sii^1�-all voltage eir-euits and equipment, all installations of eleetrieal > wiring, fixtufes, deNiees, applianees or- other- eleetr-ireal equipment or- mater-ials, herein defined a nrn*�^1 ins of this seetie,•, shall net apply to the follew;ng- (!)--EVipii3ei4and rwiring used -oy utility xo-rvrgeneration -and ¢rscrnbcrcrorr ef i ele z2 Equipment -and rwiring -used iirthe epciiccroxrmradio -or- ccrevz��xx- systems,systems, or- ether- eeffumuflieatiefis systefns-. () E:i:.::t, ::....t "g eviicmby, macccxred and =used rvrrrccorrrcicTsacircrr milfead rnllina + 1 ,1 t ,.+ ti + ,1 ,7 + f ..b .,..,...� ...... other- uaa.�Yv isccivirsy':rccirrS� uixcrpicmi�cs--crinrecrdiprncrx�r-a -pangs! 8! asuagit OT qqv sp 96£ 397 SECTIONS. 18-95--18-120. RESERVED. M-9 ARTICLE V. ADMINISTRATION AND ENFORCEMENT SECTION 18-121. BUILDING AND E ECT- IC A T INSPECTOR. (a) The Building a„d� Inspector shall be charged with the duty of administering and enforcing the provisions of this chapter and the building code and the standards of safety adopted by this chapter, as well as the provisions of all laws and ordinances relating to the erection, construction, alteration, addition to, repair of, inspection, wrecking, ' razing, moving and safety of buildings, structures, signs, elevate" -s, bei fire escapes and other protective devices, and shall pass upon all questions relating to the strength and durability of buildings, structures and materials, and shall examine and approve all plans and specifications therefor before any required permit shall be issued. (b) The Building ^„ate Inspector shall devote his entire time to the duties of his position. He shall receive applications for building and wrecking permits required by the building code, issue such permits and furnish the prescribed certificates. He shall examine premises for which permits have been issued and make all inspections necessary to see that the provisions of law are complied with and that construction is prosecuted safely. planning (d) O The Building and Eleetrieal Inspector shall administer and enforce all of the provisions of the electrical code adopted by section 18-35 or the electrical code in effect at the time wiring is done or electrical appliances are installed and he shall further enforce all rules and regulations of the power company servicing the city pertaining to the installation of electrical services. (e) (d) The Building arae Inspector shall be generally informed on the quality and strength of building materials, on the prevailing methods of building construction, on good practice in fire prevention, and on the accepted requirements for safe exit facilities. He shall be in good health, physically capable of making the necessary examinations and inspections of buildings in course of construction. He shall not have any interest whatever, directly or indirectly, in the sale or manufacture of any material, process or device entering into or used in or in connection with building construction. (#) (e) The Building ^„anal Inspector shall execute and deliver to the city a bond in the form and in the general terms of other official bonds of the city, in the sum of $1,000.00, conditioned upon the faithful performance of his duties and the faithful accounting of all funds coming into his hands. (0 (f In the event of the Building and Elle riea Inspector's absence from the city or his inability to serve, the City Manager shall designate and appoint another employee of the city to act as Assistant Building and Electrical Inspector during his absence or disability, and such Assistant Inspector, in such event, shall have the same powers and perform the same duties as the Building and Electrical Inspector. SECTION 18-122. DEPARTMENT OF BUILDING, ELECTRICAL, CONSTRUCTION AND CODE ENFORCEMENT. (a) There is hereby created a department to be known as the Department of Building, Electrical, Construction and Code Enforcement. KIR (b) The Department of Building, Electrical, Construction and Code Enforcement shall have the responsibility for: (1) The issuance of permits; (2) Building and construction inspection; (3) Electrical inspection; (4) Codes enforcement, housing, zoning, building, electrical, etc.; (5) Maintenance of city records for all construction and property improvement within the city or its jurisdiction; (6) Such other duties, functions and responsibilities as may be later delegated by the City Manager. SECTION 18-123. BUILDING CODES APPEALS BOARD. (a) Established. There is hereby established and created a Building Code Appeals Board of the city. (b) Purpose. The purpose of said appeals board is to hear appeals of the decisions of the Chief Inspector of the Department of Building, Electrical, Construction and Code Enforcement of the city. (c) Membership. The Appeals Board shall consist of seven five members who shall be technically qualified persons with professional experience related to the building industry and shall be familiar with the Kentucky Building Code. The members of the Appeals Board shall be appointed by the Mayor, subject to approval of the Board of Commissioners. (d) Term of office; vacancies; compensation of members. (1) The terms of office for the members of the Appeals Board shall be for three- year staggered terms with the initial appointments to be made as follows: Two members shall be appointed for a term of one year, two members shall be appointed for a term of two years, and twee one members shall be appointed for a term of three years, after which all members shall be appointed for a term of three years or until their successors are appointed and qualified. made. compensation. (2) Vacancies shall be filled in the same manner as original appointments are (3) The members of the Building Code Appeals Board shall serve without (e) A majority of the members of the Appeals Board shall constitute a quorum for all purposes. A decision reached by a majority of the Appeals Board members present at a properly called meeting shall constitute a decision of the entire Board. (f) No local building official or employee of the inspection department of the city shall be appointed to the Appeals Board. No member of the Appeals Board shall hear an appeal in a case in which he has a financial interest. (g) Any party to a decision by the Inspection Department may appeal that decision to the Appeals Board. Upon receipt of an appeal from a qualified party, the Appeals Board shall convene a hearing to consider the appeal within 15 days of receipt of the appeal. All parties to the appeal shall be notified of the time and place of the hearing by letter mailed by certified mail, no later than ten days prior to the date of hearing. The Appeals Board shall render a decision within five working days after the hearing. The Appeals Board may uphold, amend or reverse the decision of the Inspection Department and there shall be no appeal from the decision of the Appeals Board other than by appeal to the Kentucky Board of Housing, Buildings, and Construction. 400 SEC. 18-124. ELECTRICAL INSPECTION APPEALS ATrM T1Ti�L'CT I A T QQA 9 GTO S'TM A' Fr EQT-D TG ANS EX AA ifTATR4 BOARD. (a) Established. There is hereby created an Electrical Inspeetion Appeals and- Eleetr-iea4 r',,..* act ___a Elect-_^-_ s' Ev____- Board of the city. (b) Purpose; powers. (1) The purpose of the Board is to hear appeals from the Inspection Department as to the proper application of the electrical code of the city and to administer KRS 227.450-- 227.500 and issue and revoke eleetr4eal eentfaeter-s'and eleetr-icians'lieenses, een"et and make r-egu4aliens for- eendueting examinations of appheants, and govem the method and time of F+ appheatien has be filed. (2) The Board may adopt any other reasonable regulations to administer KRS 227.450--227.500. (3) The Beafd is fufther- empower -ed to set a reasonable fee befer-e issuing of a (c) Membership; term of office. The Electrical Lqspeetien Appeals __ _ _ __ _ _ _ _ ����s-Exafftiaing Board shall be composed of seven members. The Board shall consist of persons in and knowledgeable of the electrical trade two Fire and one utility company official. The members shall be appointed for terms of two years. (d) Vacancies. Vacancies shall be filled by appointment by the Mayor, with the approval of the Board of Commissioners. e Compensation n o members. The members of the Board shall serve without () P .f compensation. (f) Conflict of interest. No employee of the Inspection Department of the city shall be appointed to the Board. No member of the Board shall hear an appeal in a case in which he has a financial interest. (g) Quorum and voting. A majority of the members of the Board shall constitute a quorum for all purposes. A decision reached by a majority of the Board members present at a properly called meeting shall constitute a decision of the entire Board. (h) Appeals from decisions of Board. There shall be no appeal from the decision of the Board other than by appeal to the Kentucky Board of Housing, Building and Construction. (i) Calling of hearings. Upon receipt of a written appeal from the party aggrieved by an electrical inspector of the city, the Board shall convene a hearing to consider the appeal within 15 days. 0) Notice of hearings. All parties to the appeal shall be notified of the time and place of the hearing, by letter mailed by certified mail, no later than ten days prior to the date of the hearing. (k) Decisions. The Board shall render a decision within five working days after the hearing. The Board may uphold, amend or reverse the decision of the Electrical Inspector. 401 SECTION 18-125. VIOLATIONS. Whenever the Building and Eleetfieal Inspector has reasonable cause to believe that any person has violated any provision of this chapter or of any code or standards adopted by this chapter, or of any law or ordinance relating to the construction or wrecking of any building or structure, it shall be his duty to cause a warrant to be issued against such person and it shall be his duty to render all possible assistance in the prosecution of such charges. SECTION 18-126. PENALTY. (a) Any person who violates any provision of this chapter or the Uniform State ; Building Code, or any directive or order issued pursuant thereto, shall be guilty of a civil offense and shall be fined not less than $10.00 nor more than $1,000.00. Each day the violation continues shall constitute a separate offense. (b) Any person who shall violate any provision of this chapter, other than violations of the building code, for which no other penalty is provided, shall be fined not less than $25.00, nor more than $250.00, or imprisoned for not more than 90 days, or both. (c) Any person violating section 18-5 shall be fined not less than $50.00 and no more than $250.00 for each offense, and each day's violation shall constitute a separate and distinct offense. SECTION 2. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ATTEST: Tammara S. Brock, City Clerk Introduced by the Board of Commissioners, September 11, 2007 Adopted by the Board of Commissioners, September 25, 2007 Recorded by Tammara S. Brock, City Clerk, September 25, 2007 Published by The Paducah Sun, October 3, 2007 \winword\ord\insp\Ch 18 - Amend Mayor 0