(A) Title. This section, and all ordinances supplemental or amendatory hereto, shall be known as the “Building Code of the City of Hammond, Indiana,” may be cited as such, and will be referred to herein as “this code.”
(B) Purpose. The purpose of this code is to provide minimum standards for the protection of life, limb, health, environment, public safety and welfare, and for the conservation of energy in the design and construction of buildings and structures.
(C) Authority. The Building Commissioner is authorized and directed to administer and enforce all of the provisions of this code. Whenever in the building regulations it is provided that anything must be done to the approval of or subject to the direction of the Building Commissioner or any other officer of the city, this shall be construed to give the officer only the discretion of determining whether the rules and standards established by this section and ordinance have been complied with. No provision shall be construed as giving any officer discretionary powers as to what the regulations, codes, or standards shall be, nor power to require conditions not prescribed by this section or by ordinances, nor to enforce this section or ordinance provisions in an arbitrary or discriminatory manner.
(D) Scope. The provisions of this code apply to the construction, alteration, repair, use, occupancy, maintenance and additions to all buildings and structures in the city.
(E) Adoption of regulations by reference.
(1) Building rules of the Indiana Fire Prevention and Building Safety Commission as set out in the following articles of Title 675 of the Indiana Administrative Code are hereby incorporated by reference in this code and shall include later amendments to those articles as the same are published in the Indiana Register or the Indiana Administrative Code with effective dates as fixed therein.
(a) Article 13 - Building Codes.
l. Fire and Building Safety Standards;
2. Indiana Building Code;
3. Indiana Building Code Standards; and
4. Indiana Handicapped Accessi- bility Code.
(b) Article 14 - One and Two Family Dwelling Codes:
1. International Residential Code with Indiana Amendments; and
2. Standard for Permanent Installation of Manufactured Homes.
(c) Article 16 - Plumbing Codes.
1. Indiana Plumbing Code.
(d) Article 17 - Electrical Codes.
1. Indiana Electrical Code; and
2. Safety Code for Health Care Facilities.
(e) Article 18 - Mechanical Codes.
l. Indiana Mechanical Code.
(f) Article 19 - Energy Conservation Codes.
l. Indiana Energy Conservation Code; and
2. Modifications to the Model Energy Code.
(g) Article 20 - Swimming Pool Codes.
1. Indiana Swimming Pool Code.
(2) Copies of this code and rules, regulations, and codes adopted herein by reference are on file, as required by law, in the office of the City Clerk.
(F) Application for permits. No permit shall be issued for the foregoing purposes, unless the application for the permit is accompanied by a plat or sketch of the proposed location showing lot boundaries, and by plans and specifications showing the work to be done. All plans for building construction under the authority of the state’s Fire Prevention and Building Safety Commission must also be filed with the State Building Commissioner. No local permits shall be issued hereunder until a copy of a release for construction from the state’s Building Commissioner is received by the Building Commissioner.
(G) Permit required. All licensed contractors must obtain permits before beginning construction, alteration or repair of any building or structure, the cost of which exceeds $300, using forms furnished by the Building Commissioner. Only homeowners doing their own work will be issued homeowner permits. All permits shall be issued by the Building Commissioner and all fees provided for herein shall be paid to the City Controller.
(H) Compliance with other regulations. All work done under any permit issued hereunder shall be in full compliance with all other sections or ordinances pertaining thereto. In addition to the fees for permits hereinafter provided for, there shall be paid the fees prescribed in those ordinances.
(I) Review of application. Prior to the issuance of any building permit hereunder, the Building Commissioner shall:
(1) Review all building permit applications to determine full compliance with the provisions of this section;
(2) Review all building permit applications for new construction or substantial improvements to determine whether proposed building sites will be reasonably safe from flooding;
(3) Review building permit applications for major repairs within the flood plain area having special flood hazards to determine that the proposed repair uses construction materials and utility equipment that are resistant to flood damage, and uses construction methods and practices that will minimize flood damage; and
(4) Review building permit applications for new construction or substantial improvements within the flood plain area having special flood hazards to assure that the proposed construction (including prefabricated and mobile homes):
(a) Is protected against flood damage;
(b) Is designed (or modified) and anchored to prevent flotation, collapse or lateral movement of the structure; and
(c) Uses construction methods and practices that will minimize flood damage.
(J) Inspections. After the issuance of any building permit hereunder, the Building Commissioner shall make, or shall cause to be made, inspections of the work being done under the permit as are necessary to insure full compliance with the provisions of this section and the terms of the permit. Reinspections of work found to be incomplete or not ready for inspection are subject to assessment of reinspection fees as prescribed in this code.
(K) Right of entry. Upon presentation of proper credentials, the Building Commissioner or his or her duly authorized representatives may enter at reasonable times any building, structure or premises in the city to perform any duty imposed upon him or her by this code.
(1) Stop order. Whenever any work is being done contrary to the provisions of this code, the Building Commissioner may order the work stopped by notice in writing served on any persons engaged in the doing or causing the work to be done. Any such persons shall forthwith stop the work until authorized by the Building Commissioner to proceed with the work.
(M) Certificate of occupancy. No certificate of occupancy for any building or structure erected, altered or repaired after the adoption of this section shall be issued unless the building or structure was erected, altered or repaired in compliance with the provisions of this section.
(N) Standards. All work on the construction, alteration and repair of buildings and other structures shall be performed in a good and workmanlike manner according to accepted standards and practices in the trade.
(O) Violations. It shall be unlawful for any person, firm or corporation, whether as owner, lessee, sublessee or occupant, to erect, construct, enlarge, alter, repair, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure in the city or cause or permit the same to be done, contrary to or in violation of the provisions of this code.
(P) Right of appeal. All persons shall have the right to appeal the Building Commissioner’s decision first through the Common Council of the city and then to the state’s Fire Prevention and Building Safety Commission in accordance with the provisions of I.C. 22-12-7-12.
(Q) Remedies. The Building Commissioner shall in the name of the city bring actions in the Circuit or Superior Courts of Lake County, for mandatory and injunctive relief in the enforcement of and to secure compliance with any order or orders, made by the Building Commissioner. Any action for mandatory or injunctive relief may be joined with an action to recover the penalties provided for in § 150.999.
(R) Penalty. If any person, firm, or corporation shall violate any of the provisions of this section, or shall do any act prohibited herein, or shall fail to perform any duty lawfully enjoined, within the time prescribed by the Building Commissioner, or shall fail, neglect or refuse to obey any lawful order given by the Building Commissioner in connection with the provisions of this section, for each such violation, failure or refusal, the person, firm or corporation shall be fined as provided in § 150.999.
(Prior Code, § 150.03) (Ord. 5043, passed 6-23-1986; Am. Ord. 7050, passed 6-13-1988; Am. Ord. 7117, passed 2-13-1989) Penalty, see § 150.999