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§ 92.002  PURPOSE.
   The purpose of this code is to provide minimal standards for the protection of life, health, environment, public safety and general welfare, and for the conservation of energy in the design and construction of buildings and structures.
(Prior Code, § 7-2)  (Ord. 88-2, passed 3-28-1988)
§ 92.003  AUTHORITY.
   The Building Inspector/Director of Planning and Zoning Administration is hereby authorized and directed to administer and enforce all of the provisions of this code, the zoning code, as amended, and all other provisions of the master plan of the city, as amended. Whenever in this code it is provided that anything must be done to the approval of or subject to the direction of the Building Inspector/Director of Planning and Zoning Administration, or any other officer of that office, this shall be construed to give the officer only the discretion of determining whether this code has been complied with; and no provisions shall be construed as giving any officer discretionary powers as to what this code shall be, or power to require conditions not prescribed by ordinances or to enforce this code in an arbitrary or discriminatory manner.
(Prior Code, § 7-2.1)  (Ord. 88-2, passed 3-28-1988)
§ 92.004  SCOPE.
   (A)   The provisions of this code and any amendments hereto, apply to the construction, alterations, repair, use, occupancy, maintenance and additions to all buildings or structures, other than fences, in the city. The provisions of this code do not apply to industrialized building systems or mobile structures that are certified under I.C. 22-15-4.
   (B)   Building rules of the Indiana Fire Prevention and Building Safety Commission as set out in the following articles of Title 675 of the I.A.C. 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 of Indiana Administrative Code with effective dates as fixed therein:
      (1)   Article 12:  Concerning Administrative Procedure for Rule Making to Prevent Conflict, Duplication and Overlap Between State-Wide Codes of Building and Fire Safety Laws and Local Ordinances;
      (2)   Article 13:  Building Codes.
         (a)   Fire and Building Safety Standards;
         (b)   State Building Codes;
         (c)   State Building Code Standards; and
         (d)   State Handicapped Accessibility Code.
      (3)   Article 14:  One- and Two-Family Dwelling Codes.
         (a)   Council of American Building Officials, One- and Two-Family Dwelling Code;
         (b)   CABO One-and Two-Family Dwelling Codes; Amendments; and
         (c)   Standard for Permanent Installation of Manufactured Homes.
      (4)   Article 16:  Plumbing Codes.  State Plumbing Codes;
      (5)   Article 17:  Electrical Codes.
         (a)   State Electrical Code; and
         (b)   Safety Code for Health Care Facilities.
      (6)   Article 18:  Mechanical Codes.  State Mechanical Code;
      (7)   Article 19-Energy Conservation Codes.
         (a)   State Energy Conservation Code; and
         (b)   Modifications to the Model Energy Code.
      (8)   Article 20: Swimming Pool Codes.  State Swimming Pool Code.
   (C)   Copies of adopted building rules, codes and standards are on file in the office of the Building Inspector/Director of Planning and Development, 201 East Main Street, Municipal Building, City of Lebanon, Lebanon, Indiana.
(Prior Code, § 7-2.2)
§ 92.005  CONFORMANCE TO CODE.
   (A)   All work done by or under the supervision of any person licensed for the business of electrical wiring hereunder shall conform to the minimum standards of this chapter, as amended, provided that any commercial or industrial building proposed to be constructed shall meet the specifications required in the No. 1 Fire Zone; and further that No. 12 wire shall be used instead of No. 14 wire for all electrical work, except that No. 14 copper wire shall be permitted in fire alarm and lighting circuits, as specified in the National Electric Code, in one and two family dwelling structures.
   (B)   All work done by or under the supervision of any person licensed for the business of heating and ventilating or registered for plumbing shall conform to the minimum requirements of this chapter; provided that all new or replacement water feed lines to buildings shall have a minimum size of three-fourths of an inch inside diameter; and that all water service shall have a main shut-off valve.
   (C)   HEATING AND VENTILATING shall be construed to include warm air heating and duct ventilating and air conditioning.
(Prior Code, § 7-3)  (Ord. 74-17, passed 9-9-1974; Ord. 2013-11, passed 7-22-2013)
§ 92.006  REBUILDING OR RECONSTRUCTION OF HOMES IN FLOODWAY AREAS.
   The city hereby enacts this section to permit the rebuilding or reconstruction of an abode or residence pursuant to the requirements of I.C.14-28-1. This authority extends to those abodes or residences in the city which are destroyed by means other than the floodway which permit construction to begin within one year from the date of destruction and which must be completed within two years from the date of destruction. The same further requires a variance be obtained from the local Board of Zoning Appeals for the lowest floor of an abode or residence which may be below the 100-year frequency flood elevation if the damage to the former abode or residence is less than 100%. In addition, the authority herein granted shall require that any applicant who may be affected subsequent to the enactment of this subchapter otherwise comply with all of the statutory requirements as set forth in I.C. 13-2-22-13 as the same may be amended from time to time and the requirements from House Enrolled Act No. 1022.
(Prior Code, § 7-4)  (Ord. 90-3, passed 5-14-1990)
§ 92.007  FEES OTHER THAN FOR BUILDING PERMITS.
   (A)   Applications and petitions shall be prepared on forms provided by the Department of Planning and Zoning and shall be accompanied by the filing fees herein specified. The fees shall be paid to the Director of Planning and Zoning, who shall forthwith pay over to the Clerk-Treasurer to the credit of the general funds of the city and no part of which shall be returnable to the applicant.
   (B)   Until all applicable fees have been paid in full, no application shall be processed by the Director of Planning and Development.
   (C)   No part of any filing fee paid pursuant to this section shall be redeemable.
   (D)   See §§ 92.022 and 92.045 for additional schedules of fees set forth in this code.
   (E)   Applications for the following specific petitions, appeals and certificates of occupancy and the like shall be accompanied by the following fees;
Filing Fees and Forms
Fee (effective 11-10-2015)
Filing Fees and Forms
Fee (effective 11-10-2015)
Amendment; change of zoning
   Classification/or text
$500
Appealing decision of Administrator
$250
Conditional uses
$300
Development plan; change in
$300
Plat review
   Administrative plat
$200
   Primary plat
$500 plus $25.00 per acre
   Secondary plat
$300 plus $25.00 per acre
PUD development plan
   Final detailed plan
$300 plus $25 per acre
   Modification to approved PUD plan
$300
   Preliminary plan
$750 plus $25 per acre
   Rezoning
$300
Unit development plan
   Site development plan
$500 plus $25 per acre
Variance/use variance
   Commercial (per variance request)
$350
   Residential (per variance request)
$250
Vacation of alley or platted street
   Application fee
$100
   Vacation fee
$750
 
   (F)   The following county economic development administrative plat fees are to be collected by City Planning and Zoning Department before a building permit is issued.
Fee (effective 3-14-2011)
Fee (effective 3-14-2011)
Changing single-family into multi-family
$50 per residential living unit
Commercial/ industrial new construction, remodel, renovation structures
      0–19,999 square feet
$100
      20,000–49,999 square feet
$250
      50,000–149,999 square feet
$500
      150,000–249,999 square feet
$1,000
      250,000 square feet and above
$2,000
Multi-family development (apartments, condominiums, and town homes)
$50 per residential living unit
To be collected by County Auditor’s office at the time of recording plat
   Single-family residential development
$75 per platted residential lot
 
(Prior Code, § 7-9)  (Ord. 74-12, passed 9-9-1974; Ord. 74-17, passed 9-9-1974; Ord. 75-16, passed 11-10-1975; Ord. 2015-15, passed 11-10-2015)
§ 92.008  ELECTRIC AND GAS METERS.
   (A)   In all multifamily dwelling projects, the owner/developer/builder shall identify electric and gas meters by apartment, condominium or building number by visible permanent identification markings not less than two inches in height and attached directly to the outside meter(s) or electrical box.
   (B)   The identification shall be done at the time gas or electric service is installed at the residence.
   (C)   The Office of the Building Inspector shall be charged with the enforcement of this section.
(Prior Code, § 7-13)  (Ord. 96-9, passed 4-22-1996)
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