13-20-020 Buildings - Inspection required.

The Building Commissioner shall have the authority, pursuant to Section 2-22-040, to impose document review fees rather than the inspection or reinspection fees specified in this Code, which are assessed for annual, semiannual and periodic inspections, code compliance inspections, permit inspections, license inspections or other inspections by the Department of Buildings of any type required or authorized by this Code. The document review fee may be authorized upon submission to the Commissioner of such documents, as the Commissioner may require, which indicate that in a particular instance an inspection by the Department of Buildings is not necessary or that such inspection may be undertaken pursuant to the mandate of, rather than by, the department. Such documents may include reports, photographs, maintenance agreements, contracts, schedules and sworn affidavits regarding the item which is subject to inspection. When the Building Commissioner accepts such documents in lieu of inspection, a document review fee of one-half the applicable inspection fee shall be assessed.

Nothing in this section shall preclude the Building Commissioner from requiring an inspection mandated by this Code to be performed and assessing the applicable fee for such inspection.

For purposes of this section, the term “inspection” shall also include reinspections.

(Prior code § 46-1.1; Added Coun. J. 7-12-90, p. 18289; Amend Coun. J. 11-19-08, p. 47220, Art. III, § 1; Amend Coun. J. 9-14-16, p. 31143, § 2; Amend Coun. J. 11-21-17, p. 61755, Art. I, § 2)

13-20-016 Emergency, specially requested or outside of department business hour inspection fees.

Whenever the Department of Buildings conducts an emergency inspection because of concerns regarding the health and safety of the public; or conducts a special inspection at the request of an (1) owner, (2) agent, (3) general contractor or subcontractor identified on a permit application, or (4) other person in possession and control of that which is to be inspected, or conducts an inspection outside of department business hours as promulgated by rule, the Building Commissioner is authorized to assess a fee for such inspection based on the costs to the department for such inspection, including actual and related costs incurred. Notwithstanding Sections or 13-20-060 of this Code, a person having a fee waiver under either Section 2-8-065 or Section 13-20-060 of this Code shall be subject to an inspection fee for a specially requested inspection or an inspection outside of department business hours. For purposes of this section, the term “inspection” shall also include reinspections.

(Prior code § 46-1.2; Added Coun. J. 7-12-90, p. 18289; Amend Coun. J. 12-12-07, p. 17167, § 17; Amend Coun. J. 11-21-17, p. 61755, Art. I, § 3)

Notes

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13-20-017 Penalties.

Any person violating, resisting or opposing the enforcement of any of the provisions of this chapter, where no other penalty is provided, shall be subject to the fines provided for in Section 13-12-040. Each day such violation shall continue shall constitute a separate and distinct offense.

(Added Coun. J. 11-3-99, p. 13842, § 3)

ARTICLE II. BUILDINGS* (13-20-020 et seq.)

* Editor's note – Coun. J. 11-3-99, p. 13842, § 3, added the title of Article II to read as herein set out.

13-20-020 Buildings – Inspection required.

(a) Subject to subsection (b) of this section, either the fire commissioner or the buildings commissioner, pursuant to a coordinated inspection schedule, or their respective assistants, shall make an annual inspection of all theaters, churches, schools, public assembly units, public places of amusement and open air assembly units. The following buildings shall be inspected by the fire commissioner or buildings commissioner as often as deemed necessary: (1) any three-story building with a basement apartment or living space; or (2) any three-story building that has commercial space on the first floor and residential space on the upper two floors; or (3) any two-story building that is commercial; or (4) any building with four or more stories that is not a single- family residence. With respect to any establishment requiring a public place of amusement license, either the fire commissioner or buildings commissioner, pursuant to a coordinated inspection schedule, or their respective assistants, shall make an inspection within the 90 days preceding the deadline for the annual renewal application for the license. If, within the 12-month period preceding any inspection under this section, the applicable premises were inspected either by the fire department or department of buildings in connection with a permit inspection, periodic inspection, code compliance inspection or certificate of occupancy, such inspection shall be deemed to meet the inspection requirement herein. The fire department and department of buildings are authorized to conduct such additional inspections as they deem necessary to maintain health and safety. It shall be the duty of every owner, agent, lessee, or occupant of any such building and of the person in charge or control of such building to permit the making of any inspection required or authorized under this section by the fire commissioner or buildings commissioner or by a duly authorized inspector at any time upon demand being duly made.

(b) Inspections by the buildings commissioner of places for eating, as that term is defined in Section , shall be controlled by Section ; provided, however, that nothing in this section shall be construed to limit inspections of any place for eating by the fire commissioner.

(Prior code § 46-2; Amend Coun. J. 7-9-84, p. 8225; Amend Coun. J. 9-13-89, p. 4604; Amend Coun. J. 10-1-03, p. 9163, § 3.4; Amend Coun. J. 9-29-04, p. 32144, § 4; Amend Coun. J. 2-22-17, p. 43916, Art. VIII, § 16)

Notes

13-20-030 Buildings – Floor plan required – Copy to fire commissioner.

It shall be the joint and several duty of the owner, agent, lessee, or occupant of every building described in Section 13-20-020 to provide a typical floor plan of such building reproduced on a sheet eight and one-half by 11 inches in size; provided, however, that no such typical plans shall be required for multiple occupancy buildings which have not been altered or converted into smaller units subsequent to the original construction in buildings not over three stories in height. Said plan shall be drawn on as large a scale as will be practicable on such sheet, and said sheet shall also state the street address of such building and shall give the class of the building, the kind of construction used therein, the height and number of stories contained therein, and the nature of the occupancy. It shall also be the joint and several duty of such owner, agent, lessee, or occupant to deliver a copy of said sheet and plan to the fire commissioner and to frame a copy of said sheet and place the same near the framed certificate hereinabove required. It shall also be the joint and several duty of the said owner, agent, lessee, or occupant to substitute a new sheet for the sheet on file with the fire commissioner, and also the sheet framed as above required, whenever such changes or alterations are made in such building as will affect the substantial accuracy of the sheet previously furnished said commissioner and framed as above required.

(Prior code § 46-4)

13-20-040 Failure of building to comply with Code provisions – Notice of noncompliance.

Where the result of such inspection shall show that such building fails in any respect to comply with the building provisions of this Code, it shall be the duty of the building commissioner and fire commissioner to notify the owner, agent, lessee, or occupant of such building to this effect and to specify wherein such building fails to comply with the requirements of the building provisions of this Code; and it shall thereupon become the joint and several duty of such owner, agent, lessee, or occupant to proceed forthwith to make whatever changes or alterations may be necessary to make such building comply in all respects with the requirements of the building provisions of this Code, and to complete such changes and alterations within 15 days after the receipt of such notice.

(Prior code § 46-5; Amend Coun. J. 9-13-89, p. 4604)

13-20-050 Inspection fee – Schedule.

(a) The fee for the annual inspection of buildings, except public assembly units, shall be paid to the comptroller and shall be based on the number of square feet of floor area as follows:

For the first 25,000 square feet or fraction thereof.....$80.00

For each additional 25,000 square feet or fraction thereof.....$40.00

The fee for annual inspection of public assembly units shall be paid to the comptroller and shall be based on the number of square feet of floor area as follows:

For the first 25,000 square feet or fraction thereof.....$120.00

For each additional 25,000 square feet or fraction thereof.....$60.00

For purposes of determining the amount of the fee every part of a building or structure separated by dividing walls as required by the provisions of Chapter 13-48 shall be considered a separate building.

(b) The fee for the inspection of places for eating, as that term is defined in Section , shall be controlled by Section 4-8-042.

(Prior code § 46-6; Amend Coun. J. 7-9-84, p. 8218; Amend Coun. J. 3-29-89, p. 26819; Amend Coun. J. 11-17-93, p. 42192; Amend Coun. J. 11-19-03, p. 14216, § 8.2; Amend Coun. J. 9-29-04, p. 32144, § 4; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 10)

Notes

13-20-051 Reinspection fee.

(a) Except as otherwise provided in this Code, whenever the Department of Buildings conducts a subsequent inspection following an initial inspection of a building to verify code compliance, compliance with approved permits or approved permit plans or license compliance, the Commissioner of Buildings is authorized to assess a reinspection fee of $100.00 against the building's owner, agent, general contractor or subcontractor identified on a permit application, lessee or occupant, except where the subsequent inspection is necessary due to an error made by the City. The Commissioner of Buildings is further authorized to assess a reinspection fee based on the costs to the department for such inspection, including actual and related costs incurred per inspection against the building's owner, agent, general contractor or subcontractor identified on a permit application, lessee or occupant for any reinspection that occurs outside of department business hours as promulgated by rule.

(b) The reinspection fee shall also be assessed whenever (i) any scheduled inspection cannot take place due to the absence of the building's owner, agent, general contractor or subcontractor identified on a permit application, lessee or occupant or any other action or inaction by the building's owner, agent, general contractor or subcontractor identified on a permit application, lessee or occupant; or (ii) a scheduled inspection was canceled less than twenty-four hours prior to the scheduled inspection; or (iii) a scheduled inspection took place but the work to be inspected was not complete or ready for inspection; or (iv) a scheduled inspection occurred but the work was contrary to the permit or approved plans or was contrary to code. In the event that a reinspection occurs as the result of an event enumerated in (i) through (iv) above then the Commissioner may, at the Commissioner's sole discretion, require that the reinspection occur outside of the department's business hours as promulgated by rule and is further authorized to assess a reinspection fee based on the costs to the department for such inspection, including actual and related costs incurred per inspection against the building's owner, agent, lessee or occupant for any reinspection that occurs outside of department business as promulgated by rule.

The reinspection fee shall be paid to the Comptroller.

(Added Coun. J. 12-12-01, p. 75777, § 7.1; Amend Coun. J. 12-15-04, p. 39833, § 4; Amend Coun. J. 12-15-04, p. 39840, § 1; Amend Coun. J. 10-17-09, p. 72419, § 5; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 10; Amend Coun. J. 11-21-17, p. 61755, Art. I, § 4)

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