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When any building or part thereof is to be converted to another use or occupancy, the construction and equipment of the building shall be made to conform to the requirements of this Building Code, as specified for its intended use. No person shall so alter or occupy any building, or part thereof, without having first secured a permit to do so from the Building Commissioner.
(Ord. 1177. Passed 3-3-30.)
(a) (1) No fence, hedge, trellis, retaining wall, or other device used to mark or establish boundary lines around property, or within the property line, exceeding six feet in height, shall be erected, altered reconstructed or relocated on any lawn adjacent to any boundary line of any lot or parcel of land, or any part thereof, in the City. Permitted fences in all residence districts shall include the following types: picket, ranch (including split-rail and western-rail), basketweave, stockade, board- on-board and chain link, which may include metal, plastic, vinyl or fiberglass inserts, and electrified fences to be in compliance with Section 1529.231. Masonry walls of brick, random stone or ashlar, coursed stone or ashlar, or decorative block, are permitted, subject to the approval of the City Planning Commission. Prohibited fences include wire mesh fences which have openings between the wires of larger than three inches, individual strand-type wire fences, and electrified fences, unless in compliance with Section 1529.231.
(2) Fences shall be permitted only in rear yards, as defined in Section 1505.25(b). In no case shall fences extend any further towards the street than five feet past the side door or the steps to the side door of the residential structure. If no side door exists, then the fence shall be no further towards the street than the rear of the residential structure.
(3) No fence shall be permitted to be installed directly along another fence on the same property line of an abutting property owner.
(b) Before any hedge, trellis, retaining wall or other device used to mark or establish boundary lines, or within the property line, is erected, the owner of the land shall first secure a permit for the same from the Building Commissioner. The fee therefor is set forth in Chapter 185 (the General Fee Schedule). No permit for any such device, other than those which replace existing permitted devices, shall be issued until one of the following occurs:
(1) Submission to the Building Commissioner of proof that notice has been given to all affected property owners, by proof of signed waiver of the permit application; or
(2) Submission to the Building Commissioner of verification by a registered professional surveyor establishing the applicant's property lines. The date of the stamped boundary survey shall be within the last ten years.
(c) The height of any fence shall be the distance vertically from the surface of the ground to the top of the fence.
(d) Erection of a fence on a corner lot shall not start any closer to the street than the setback of the house and not less than one foot off the sidewalk on the side of existing property.
(e) No fence shall be erected from the sidewalk line of any property to the front projection of the building thereof, otherwise defined as the building setback line. Nothing contained in this section shall apply to shrubbery for decorative purposes, which in no event shall be permitted to grow above three feet in height when more than 15 feet from the intersection of a driveway with the public sidewalk, or 18 inches in height when less than 15 feet from the intersection of a driveway with the public sidewalk Any trees within a side yard shall have the branches trimmed so as to provide a minimum distance of five feet from the ground to the lowest branches when such branches are located within 15 feet of the intersection of a driveway with the public sidewalk.
(f) The supporting posts of fences, hedges, trellises, retaining walls or other devices used to mark or establish boundary lines around property, or within the property line, where posts are necessary, shall be erected on the side of the property being fenced. In other words, posts shall be erected on the inside of the fence, hedge, trellis, etc., and not on the outside thereof.
(g) This section shall apply to public facility, retail office, commercial and industrial lots, except for division (c) of this section. For such lots, fences in excess of six feet in height may be approved by the Planning Commission in order to more adequately screen such lots from the view of adjacent residential property.
(h) No person shall install, erect, place, maintain or permit, or cause the installation, erection, placement or maintenance of, any stake, stick, pole, stone, rock or other dangerous or hazardous object to mark, designate or establish any property line. Any object or device which, once installed, erected, placed or maintained to mark, designate or establish a property line, will be a danger to life or limb of those persons reasonably using the area in the vicinity of such object or device, is prohibited.
(i) Snow fences are permitted to be installed not earlier than November 1 and must be removed on or before April 1 of the following year. The maximum permitted height shall be four feet, and snow fences shall not be placed closer than four feet to any front, side or rear property line.
(Ord. 238-08. Passed 10-6-08; Ord. 48-17. Passed 5-1-17; Ord. 171-21. Passed 11-8-21.)
(a) Scope. This section applies to the installation and maintenance of electrified fences.
(b) Definitions.
(1) “Protective barrier” means a permanent fence or wall that restricts direct access to the energized portions of an electrified fence. Permanent shall mean not being able to be removed, lifted or relocated without the use of a tool or equipment.
(2) “Electrified fence” means a fence energized with a non-lethal electrical current.
(3) “Secure area” means the area bounded by the electrified fence.
(c) Plan Exam Required. At the time of permit application(s), an electrical plan exam fee shall be paid in accordance with Parma Codified Ordinance Section 185.04
- Fees of the Director of Public Safety.
(d) Permits Required. An electrical permit is required for the installation, repair and alteration of electrified fences. A fence permit is required for the installation of a protective barrier and electric fence collectively.
(1) Exceptions: The repair and replacement of electrified fence conductive strands.
(2) Plan submittal. The electrical permit and fence application for electrified fences shall include a minimum of three complete sets of the following:
A. Site plan showing the location of the protective barrier and the electrified fence on the property in relationship to property lines, walkways and existing buildings.
B. Fence details showing both the electrified fence and protective barrier, including all gates.
C. Electrical details showing the equipment, wiring diagrams, grounding and other information to insure compliance with Article 250 of the National Electrical Code (NEC).
D. Energizer Output Certification Form as prescribed in former Section 1535.08.
E. The location of the Knox Box or other similar approved device for emergency access.
(e) Location of Electrified Fences.
(1) Electrified fences shall not be installed at the following locations:
A. Within twenty feet of the public right-of-way.
B. Within one foot of a side or rear property line.
C. Within five feet of a building exit.
D. Within thirty feet of a hazardous material storage or handling areas.
E. On roof tops or within buildings.
F. Any residential locations and/or uses.
G. In windows, doors, or skylights.
(2) Electrified fences shall only be allowed in Industrial “A”, Industrial Park, and Research Manufacturing Zoning Districts, and only for businesses that participate in the Department of Homeland Security's Customs-Trade Partnership Against Terrorism (C-TPAT) Program.
(f) Electrified Fence Height. Electrified fences shall be restricted to a maximum overall height, including any barbed or razor wire, of not more than two feet higher than the non-electric protective barrier. Not more than three strands of barbed wire or razor wire may be installed above the top of the highest electrified strands.
(g) Electrical Equipment Standards. Electrical equipment, wiring and grounding shall comply with the provisions of this code and the following standards:
(1) The Energizer output shall comply with section 22.108 of the International Electrotechnical Commission (IEC) 60335-2-76 Standard except as modified by City ordinances.
(2) Energizer shall provide pulsed power.
(3) AC current shall not be used to energize any electrified fence.
(4) The energizer shall be powered by DC battery not to exceed 12 volts. A trickle charger and solar panels may be used to recharge the battery but shall not directly energize the fence.
(5) All ground system cables shall be properly insulated.
(6) The electrified fence grounding system shall not be connected to any plumbing systems.
(7) Each energizer shall be connected to its own ground system and shall not be connected to any other grounding system.
(h) Energizer Output Certification. The applicant shall certify that the electrified fence energizer output characteristics comply with section 22.108 of the IEC 60335-2-76 International Standard.
(i) Protective Barrier. The perimeter of the secure area shall be protected by an additional non-electrified fence meeting the following standards:
(1) The protective barrier shall be a permanent fence or wall at least six feet in height and no more than eight feet above the adjacent grade. If chain link fence, it must be vinyl coated.
(2) Openings in the protective barrier shall not allow for the passage of a two inch diameter sphere. The maximum vertical clearance between grade and the bottom of the protective barrier shall be two inches.
Exception: At rolling gates, the maximum vertical clearance between grade and the bottom of the protective barrier shall be four inches.
(3) The protective barrier shall be separated from the electrified fence by a minimum of six inches and a maximum of twelve inches.
Exception: Conductive strands installed at gates installed in protective barriers shall be separated from the gate by a minimum of four inches and a maximum of six inches.
(j) Warning Signs. Electrified fences shall be clearly marked with warning signs. The warning signs shall be placed on both sides of the protective barrier at each entrance to the secure area and at intervals not to exceed thirty feet along the entire perimeter of the fence line. Warning signs shall be located not less than five feet above the adjacent walking surface or grade.
(1) Graphics. Warning signs shall be displayed on both sides in both English and Spanish with the following text: “WARNING ELECTRIC FENCE” and contain the international symbol for electrical shock hazard. Signs shall have a minimum two inch letter height, minimum stroke of one-half inch and have a contrasting background.
(k) Knox Box. A Parma Fire Department permitted and approved Knox Box or other similar device approved by the Fire Official shall be installed to provide secure access to the electrical power disconnect switch by public safety personnel. The Knox Box or other similar approved device shall be located at the main entry point to the property in a location approved by the Fire Official.
(l) Commercial Business Hours of Activation. An electrified fence shall not be energized during the hours of normal business operation. However, where businesses are operating continuously on a twenty-four hour basis the conductors of an electrified fence shall not be energized unless all authorized persons within or entering the secure area have been informed of the electrified fence location.
(1) Annual license.
A. Electrified fences permitted and installed after the effective date of this section must obtain an annual license each calendar year. The following information must be provided at the time of registration application:
1. Business name;
2. Address of property;
3. Contact person/representative; and
4. Address and phone number of contact person.
B. Furthermore, an applicant for the annual license must provide a notarized statement from a registered electrician or fence contractor specializing in the installation of electrified fences, certifying that the electrified fence and equipment is currently operating in conformance with the provisions of this code. It shall be unlawful to energize an electrified fence in violation of the provisions of this chapter.
C. An annual license fee shall be paid in accordance with Parma Codified Ordinance Section 185.04 - Fees of the Director of Public Safety.
(m) Emergency Access. In the event that access by the Parma Fire Department and/or Police Department personnel to a property where a permitted electric security fence has been installed and is operating is required due to an emergency or urgent circumstances, and the Knox Box or other similar approved device referred to in former Section 1535.11 above is absent or non-functional, and an owner, manager, employee, custodian or any other person with control over the property is not present to disable the electric security fence in order to gain access to the property. As a condition of permit issuance, all applicants issued permits to install or use an electric security fence as provided in this section will agree to waive any and all claims for damages to the electric security fence against the City and/or its personnel under such circumstances.
(n) Indemnification. All applicants issued permits to install or use an electric security fence as provided in this section shall agree, as a condition of permit issuance, to defend, indemnify and hold harmless the City and its agents, officers, consultants, independent contractors and employees from any and all claims, actions or proceedings arising out of any personal injury, including death, or property damage caused by the electric security fence.
(o) Penalty. Whoever violates any of the provisions of this Code for which no other penalty is provided, or any rule or regulation promulgated thereunder, or fails to comply with this Code or with any written notice or written order issued thereunder, or interferes with, obstructs or hinders any person authorized to inspect, by virtue of Section 1501.07
, while such person is lawfully making an inspection is guilty of a misdemeanor of the first degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 49-17. Passed 5-1-17.)
(a) Red glass globed lanterns, amber lights or other warning lights or devices approved by the Building Commissioner shall be displayed and maintained during the whole of every night wherever fences are built or excavations are made along or in any street, alley or courtway. One such light or device shall be securely and conspicuously posted on or near the excavation or obstruction for each ten feet or fraction thereof of excavation or obstruction.
(b) In no case shall building materials be piled in any street, alley or any other public property without a special permit being issued by the Department of Public Service.
(Ord. 1177. Passed 3-3-30.)
No permit or license to use any part of the sidewalks of any street, alley, courtway or other public property within the City for the purpose of placing or constructing thereon any steps and landings, open areas, open gratings over areas, fixed stands, sales ledges, permanent showcases, grade signs or any other fixed obstruction shall be granted.
(Ord. 1177. Passed 3-3-30.)
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