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HomeMy WebLinkAbout2013-07-8044ORDINANCE NO. 2013-7-8044 AN ORDINANCE AMENDING CHAPTER 18, BUILDING S AND BUILDING REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY BE IT ORDAINED BY 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: Sec. 18-1. - Fire Prevention Division. (a) There is hereby created a division of the Fire Department headed by the Fire Chief to be known as the Fire Prevention Division. (b) The Fire Prevention Division shall have the responsibility for Fire Prevention under Chapter 46 and Building, Electrical, Construction, Demolition, Code Enforcement and Rental Occupancy Permits under Chapter 42. As a part of those duties the Fire Prevention Division 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 Fire Chief. Sec. 18-4. - Stockyards. (a) The Fire Prevention Division 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 shall not be considered, deemed or declared to be a nuisance except by order or judgment of a court of competent jurisdiction. Sec. 18-5. - Occupancy of uninhabitable buildings; termination of utility service. (a) In the event, the Fire Chief or his designee 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or occupant shall thereafter occupy such building or structure until such time that the order to vacate has been rescinded.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 Fire Chief or his designee shall have the authority to issue an order of disconnect all utilities (gas, water, power, sewer, telephone, cable) and, upon receipt of such order, the utility company 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 __ __­�L _ 1 ­ L building or structure which is subject to an order to vacate, the Fire Chief or his designee 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. Sec. 18-31. - Building, , meehaMeal eede-, and residential code adopted; applicability of building and residential code. (a) The 2007edition ofthe zKenluek ng Code, the h#e tro„a,��c Meehanieal Code, 2006 edition; a -ad the k#efaatienal Basie Energy Censerva Cede, 2006 edition; and all subsequent editions of these eedes and any Censt .ue fi . Kentucky Building Code and the Kentucky Residential Code, 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 2007 Kent eke Residential rode Kentucky Residential Code is hereby made applicable to all one and two-family dwellings and normally accepted accessory structures. Sec. 18-33. - Fire prevention code. For provisions concerning the adoption of the Kentucky Standards of Safety (Fire Prevention Code) by the city, see Chapter 46, Article II, Sections 46-30.5 through 46-34. Sec. 1.8-35. - Electrical code. adopted. The National Electric Code is incorporated by reference in the Kentucky Building Code adopted by Section 18-31. The National Electric Code is to be the standard by which inspections are conducted and made part of the public records of the city by this section. 2005 ,.T.,+;,,,, Eleet6eal Code, as prepared by the Nafiena4 Fire Pr-eteetion Asseeiatiell-and -Ass ameen-d-ed fteffl- time to time, and all subsequepA editions of this eede, are hereby adopted by r-efer-enee and ma See. 18-61. - Issuance of permits; permit fees. (a) The Building and/or Electrical Inspector shall, upon their 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 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. (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 (c) The Fire Prevention Division shall issue permits for the demolition, wrecking, razing or moving of buildings or other structures, as required by the codes adopted by the City, when the applicant therefor has complied with provisions of the codes adopted by the City and 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 Fire Prevention Division 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 include all material above and below grade , 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 of appropriate size approved by the Fire Prevention Division, along the portions of the property adjoining rights-of-way. A sewer disconnect permit shall be obtained from the Paducah McCracken County Joint Sewer Agency to cap or plug all sewer connections. All sewer connections related to a permitted demolition shall be properly plugged and inspected by the Fire Prevention Division prior to abandonment. (d) Subject to the minimum fees set out in subsection (e) below: (1) If the value is less than $3,000.00, the fee shall be $20.00. (2) If the 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 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 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 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. (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: $20.00. (5) 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. (6) 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. ._111 " 11 � --- I �1, 111 _,, _ 1, _ s_ L l (7) The Fire Chief or his designee 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 Fire Prevention Division, a penalty shall be charged for the issuance of a permit in addition to the regular fee, whieh p, Rally shall be as required by Kentucky Building and i II Residential Code. Sec. 18-62. - Fees for examination and approval of plans. (a) The Fire Prevention Division, upon application being made for approval or disapproval of plans and specifications for buildings in accordance with the Kentucky Building Code and the Kentucky Residential 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: 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 1, section 1, paragraph (9), article 1, section 4, and article 1, 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/or 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 the Kentucky Building Code. (b) All approval of plans shall expire at4he expiration of one year- six months /]Iter the da4e of approval unless /l building upon adoption of a new edition of the KBC or KRC unless permits have been obtained and are in good standing at the time of adoption. Sec. 18-63. - Inspection fees. (a) The Fire Prevention Division shall provide inspections for compliance with ei#yls housing eede and the building, eleetfieal and gas installation eedes the Kentucky Building Code and the Kentucky Residential Code 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. (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 eity's housing e9de and the building, .,na Kentucky Building Code 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 Building and/or Electrical Inspectors of the city. Any inspectors employed for service in such federally assisted project areas shall be responsible for coordinating their activities with the Deputy Chief/Fire Marshal of the Fire Prevention Division 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. Sec. 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 Fire Prevention Division, and continue to keep in force until they have furnished the Fire Prevention Division 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 is subject to the approval of the Fire Prevention Division. The Deputy Chief/Fire Marshal of the Fire Prevention Division 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 penal sum of $100,000.00. Sec. 18-65. - Collection and disposition of fees. It shall be the duty of the Fire Prevention Division 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. Sec. 18-90. — Chief Electrical Inspector and Deputy Electrical Inspector (a) The Chief Electrical'Inspector,� who shall be an inspector certified by the Department of Housing, Buildings and Construction, shall administer and enforce all of the provisions of the National Electrical Code incorporated in the Kentucky Building Code adopted by section 18-31 and he shall further enforce all rules and regulations of the power company servicing the city pertaining to the installation of electrical services. (b) In the event of the Chief Electrical Inspector's absence from the city or his inability to serve, the Fire Chief shall designate and appoint another employee, who shall be an electrical inspector certified by the Department of Housing, Buildings and Construction, of the city to act as Interim Chief Electrical Inspector during his absence or disability, and such Interim Chief Electrical Inspector, in such event, shall have the same powers and perform the same duties as the Chief Electrical Inspector. The Department of Housing, Buildings and Construction shall be notified of a designation of Interim Chief Electrical Inspector within 10 days of appointment/designation (c) They shall receive applications for electrical permits required by the electrical code, issue such permits and furnish the prescribed certificates. They shall examine premises for which permits have been issued and make all inspections is prosecuted safely. (d) The Electrical Inspectors shall be generally informed on the quality of materials, on the prevailing methods of electrical wiring, and on good practice in fire prevention. They shall be in good health, physically capable of making the necessary examinations and inspections of buildings in course of construction. They 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. "All wiring shall be installed in elee4ieal metallie tubing, or r-igid eenduit or- listed m el G)-e-ablt�rthe-city . in � 'aminesbuildings; provided, however-, sueh tubing or- eeaduit sha4l not be required if the Building and Eleetfieal laspee4er- finds that ether- A4-ifig fl;-eadheds 41A.41 -1 - Sec. 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 Electrical Inspector and a certificate of approval issued. It shall be 1 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 aftff such electrical installation has been inspected and a certificate of approval and acceptance issued. Sec. 18-93. - Disconnection of service because of defects in wiring. (a) - Authority to order disconnection. (1) The 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 Kentucky Building Code when said violations constitute an immediate hazard to life or property. (2) The 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 Electrical Inspector. (b) Appeals. (1) Any party aggrieved hereby may appeal the decision of the Electrical Inspector to the Electrical Appeals Board within 24 hours of the receipt of written notification of the intention to discontinue electrical service. (2) The Electrical Appeals 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 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 Electrical Inspector before service is reconnected, but no inspection shall be required nor any certificate of inspection 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. Sec. 18-121. — Chief Building Inspector and Deputy Building Inspectors. (a) The Chief Building Inspector, who shall be certified by the Department of Housing, Buildings, and Construction shall be charged with the duty of administering and enforcing 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, moving and safety of buildings, structures, signs, 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) They shall receive applications for building permits required by KRS 19813.060, issue such permits and furnish the prescribed certificates. They 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. (b) The Building Inspectors 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. They 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. (c) In the event of the Chief Building Inspector's absence from the city or his inability to serve, the Fire Chief shall designate and appoint another employee of the city to act as Interim Chief Building Inspector during his absence or disability, and such Interim Chief Building Inspector, in such event, shall have the same powers and perform the same duties as the Chief Building Inspector Sec. 18-122. - �11` Sec. 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 Inspectors of the Fire Prevention Division. (c) Membership. The Appeals Board shall consist of 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 three 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. (2) Vacancies shall be filled in the same manner as original appointments are made. (3) The members of the Building Code Appeals Board shall serve without compensation. (Code 1968, § 7-23) (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 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. (Code 1968, § 7-25) (g) Any party to a decision by the Fire Prevention Division 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 Fire Prevention Division 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. Sec. 18-124. - Electrical Appeals Board. (a) Established. There is hereby created an Electrical Appeals Board of the city. (b) Purpose; powers. (1) The purpose of the Board is to hear appeals from the Fire Prevention Division as to the proper application of the National Electric Code incorporated by reference in the Kentucky Building Code and to administer KRS 227.450-227.500. (2) The Board may adopt any other reasonable regulations to administer KRS 227.450-227.500. (c) Membership; term of office. The Electrical Appeals Board shall be composed of seven members. The Board shall consist of persons in and knowledgeable of the electrical trade and one utility company official. The members shall be appointed for terms of two years. 1— _ ] J —A ­­ _fc: -1 1 ,. —i__I —_:— 1 :. :. i 11. _ ___ ,:I I _ (d) Vacancies. Vacancies shall be filled by appointment by the Mayor, with the approval of the Board of Commissioners. (e) Compensation of members. The members of the Board shall serve without compensation. (f) Conflict of interest. No employee 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. Sec. 18-125. - Violations. Whenever an Inspector within the Fire Prevention Division 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. Sec. 1.8-126. - Penalty. (a) In accordance with KRS 19813.990, 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 or 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. If any section, paragraph or provision of this ordinance shall be found to be in operative, ineffective or invalid for any cause, the deficiency or invalidity of such section, paragraph or provision shall not affect any other section, paragraph or provision hereof, it being the purpose and intent of this ordinance to make each and every section, paragraph and provision hereof separable from all other sections, paragraphs and provisions SECTION 3. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ATTEST C Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners, June 25, 2013 Adopted by the Board of Commissioners July 2, 2013 Recorded by Tammara S. Sanderson, City Clerk, July 2, 2013 Published by The Paducah Sun, July 11, 2013 \ord\insp\18 amend — Ky Bldg Code