The International Property Maintenance Code, 2006 Edition, is amended and revised in the following respects:
Amend Section 101.1 Title, to read:
101.1 Title: These regulations shall be known as the Property Maintenance Code of the City of Valparaiso, Indiana, hereinafter referred to as "this code".
Amend Section 101.3 Intent, as follows:
Delete the last sentence of Section 101.3.
Amend Section 102.3 Application of other codes, as follows:
102.3 Application of other codes: Repairs, additions, or alterations to a structure, or change of occupancy, shall be done in accordance with the procedures and provisions of the codes and standards listed in Chapter 8.
Delete Section 103 Department of Property Maintenance.
Amend Section 106.3 Prosecution, to read:
106.3 Prosecution: In case of any unlawful acts the code official shall institute an appropriate action of proceeding at law to exact the penalty provided in Section 106.4. Also, the code official may ask the Valparaiso City Attorney to proceed at law or in enquiry against the person responsible for the violation for the purpose of ordering that person:
1. To restrain, correct or remove the violation or refrain from any further execution of work;
2. To restrain, correct the erection, installation, maintenance, repair, or alteration of such structure;
3. To require the removal of work in violation; or
4. To prevent the occupancy of the structure that is not in compliance with provisions of this code.
Amend Section 106.4 Violation penalties, to read:
106.4 Violation penalties: Any person who shall violate a provision of this code shall, upon admission to the violation or adjudication thereof by a court, be subject to a fine of not less than fifty dollars ($50.00), and not more than two thousand five hundred dollars ($2,500.00) for a first violation of this code, and not less than one hundred dollars ($100.00), nor more than two thousand five hundred dollars ($2,500.00) for a second or subsequent violation of this code. A second or subsequent violation is defined as a violation which occurs after a person has paid a fine for a violation of this code, has admitted to a violation of this code or has had a judgment entered against the person for a violation of this code and is not limited to the parcel upon which the first violation occurred. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
Amend Section 111.1 Application for appeal, to read:
111.1 Application for appeal: Any person affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the City of Valparaiso Board of Public Works and Safety, provided that a written application for appeal is filed within ten (10) days after the decision, notice, or order was served. This Section shall not affect the right of a code official to issue a citation. If the citation is processed in court, the person shall not have the right to appeal to the Hearing Authority pursuant to this Section 111.
Amend Section 111.2 Membership of board, to read:
111.2 Board of Public Works and Safety: The City of Valparaiso Board of Public Works and Safety shall be the authority appointed to preside over all appeal hearings.
Delete Sections 111.2.1 to 111.2.5.
Amend Section 111.3 Notice of meeting, to read:
111.3 Notice of meeting: The hearing will be scheduled after the filing of the appeal.
Amend Section 111.4 Open hearing, to read:
111.4 Open hearing: All hearings before the City of Valparaiso Board of Public Works and Safety shall be open to the public. The appellant, the appellant's representative, the code official, and any person whose interests are affected shall be given an opportunity to be heard.
Amend Section 111.4.1 Procedure, to read:
111.4.1 Procedure: Each person appearing at the hearing is entitled to present evidence, cross examine opposing witnesses, and present arguments.
Delete Section 111.5 Postponed hearing.
Amend Section 111.6 Board decision, to read:
111.6 Decision: At the conclusion of the hearing, the City of Valparaiso Board of Public Works and Safety may affirm the order or decision, rescind the order or decision, or modify the order or decision.
Amend Section 111.6.1 Records and copies, to read:
111.6.1 Decision in writing: The decision of the City of Valparaiso Board of Public Works and Safety will be reduced to writing and mailed to the appellant and the code official.
Amend Section 111.6.2 Administration, to read:
111.6.2 Administration: The code official shall take action in accordance with the decision of the City of Valparaiso Board of Public Works and Safety.
Amend Section 201.3 Terms defined in other codes, to read:
Where terms are not defined in this code and are defined in the Building Code, Electric Code, Fire Code, Mechanical Code, or the Plumbing Code, such terms shall have the meanings ascribed to them as in those codes.
Amend Section 202, Definitions, as follows:
Add the following definition:
Building Code: The Indiana Building Code, the Indiana Residential Code, the Indiana Energy Conservation Code, or other such codes and ordinances adopted by the State of Indiana and/or the City of Valparaiso for the regulation of construction, alteration, addition, repair, removal, demolition, location, occupancy, and maintenance of buildings or structures.
Add the following definition:
Electrical Code: The Indiana Electrical Code or other such electrical codes and ordinances adopted by the State of Indiana and/or the City of Valparaiso.
Add the following definition:
Fire Code: The Indiana Fire Code or other such fire codes and ordinances adopted by the State of Indiana and/or the City of Valparaiso.
Add the following definition:
Mechanical Code: The Indiana Mechanical Code and the Indiana Fuel Gas Code or other such mechanical codes and ordinances adopted by the State of Indiana and/or the City of Valparaiso.
Add the following definition:
Plumbing Code: The Indiana Plumbing Code or other such plumbing codes and ordinances adopted by the State of Indiana and/or the City of Valparaiso.
Delete the definition of Rooming House.
Insert Section 302.10 Prohibited Display, to read:
302.10 Prohibited Display: No person shall keep, permit or allow any item not originally designed or manufactured solely for outdoor use to be located on any premises.
Insert Section 302.11 Prohibited Front Yard Parking, to read:
302.11 Prohibited Front Yard Parking: No person shall park any motor vehicle on any front yard not designed and approved for parking. For purposes of this Section, the front yard shall be defined as the area of private property that is located between the public right-of-way and the front line of the primary structure on that property. Parking of any motor vehicle within this area is prohibited.
Delete Section 303.2 Enclosures
Amend Section 304.3 Premises identification, to read:
304.3 Premises identification: Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic or alphabet letters. Numbers shall be a minimum of 3 inches high with a minimum stroke of 1/2 inch.
Amend Section 304.14 Insect screens, to read:
304.14 Insect screens: During the period from April 30 to October 15, every door, window and other outside opening utilized or required for ventilation purposes serving any structure containing habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged, or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch and every swinging door shall have a self-closing device in good working condition.
Exception: Screen doors shall not be required where other approved means, such as air curtains or insect repellant fans are employed.
Delete Section 304.18.1 Doors
Delete Section 304.18.2 Windows
Delete Section 304.18.3 Basement hatchways
Amend Section 401.3 Alternative devices, to read:
401.3 Alternative devices: In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the Building Code, and Mechanical Code shall be permitted.
Amend the second sentence in Section 402.2 Common halls and stairways, to read:
Means of egress, including exterior stairways shall be illuminated in accordance with the Building Code.
Amend the second sentence in Section 505.1 General, to read:
All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the Plumbing Code.
Amend Section 602.2 Residential occupancies, to read:
602.2 Residential occupancies: Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68 degrees F. (20 degrees C.) in all habitable rooms, bathrooms, and toilet rooms in accordance with the Building Code, and the Mechanical Code. Cooking appliances shall not be used to provide space heating to meet the requirements of this section.
Amend Section 602.3 Heat Supply, to read:
602.3 Heat Supply: Every owner and operator of any building who rents, leases, or lets one or more dwelling unit, rooming unit, dormitory, or guestroom on terms, either express or implied, to furnish heat to the occupants thereof shall supply sufficient heat during the period from October 15 to April 30 to maintain the room temperatures of not less that 68 degrees F. (20 degrees C.) during the hours between 6:30 a.m. and 10:30 p.m. of each day and not less than 65 degrees F. (16 degrees C.) during other hours.
Add Section 602.3.1 Portable unvented heaters, to read:
602.3 Portable unvented heaters. The use of listed portable unvented fuel burning appliances shall be limited to supplemental heating in detached single family residences. Exception: Upon approval of the Building Commissioner, portable unvented fuel burning appliances may be permitted in any occupancy during the construction process when such is necessary for the construction and the use does not represent a hazard to life or property.
Amend Section 602.3 Heat supply, Exception 1, to read:
Exception: When the outdoor temperature is below the outdoor design temperature required for locality by the Building Code and Mechanical Code, the owner or operator shall not be required to maintain the minimum room temperatures, provided that the heating systems is operating at full capacity, with supply valves and dampers in a full open position.
Amend Section 602.3 Heat supply, as follows:
Delete Exception 2.
Delete Section 602.4 Occupiable work spaces.
Amend Section 604.2 Service, to read:
604.2 Service: The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the Electric Code. Every dwelling shall be served by a main service that is not less than 60 amperes, three wire.
Amend Section 702.4 Emergency escape openings, to read:
702.4 Emergency escape openings: Required emergency escape openings shall be maintained in accordance with the code in effect at the time of construction. Required emergency escape openings shall be operational from the inside of the room without the use of keys or tools. Bars, grilles, grates, or similar devices are permitted to be placed over emergency escape openings, provided the installation complies with the Building Code.
Amend Section 704.1 General, to read:
704.1 General: All systems, devices and equipment to detect a Fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the Fire Code.
Amend Section 704.2 Smoke alarms, to read:
704.2 Smoke alarms: All systems, devices and equipment to detect smoke, actuate an alarm, or suppress or control the movement of smoke or gases or any combination thereof shall be installed and maintained in an operable condition at all times in accordance with the Building Code and the Fire Code.
Delete Section 704.3 Power source
Delete Section 704.4 Interconnections
Add Section 704.3 Tampering, to read:
704.3 Tampering: Anyone tampering or interfering with the effectiveness of any system, device or equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be in violation of this code.
Add Section 705 Accumulations and Storage, to read:
Section 705 ACCUMULATIONS AND STORAGE
Section 705.1 Accumulations: Rubbish, garbage or other materials shall not be stored or allowed to accumulate in stairways, passageways, doors, windows, fire escapes or other means of egress.
Section 705.2 Hazardous material: Combustible, flammable, explosive or other hazardous materials, such as paints, volatile oils and cleaning fluids, or combustible rubbish, such as wastepaper, boxes, and rags, shall not be accumulated or stored unless such storage complies with the applicable requirements of the Building Code and the Fire Code.
Amend Chapter 8 Referenced Standards as follows:
Delete the referenced standards and insert the following:
The Indiana General Administrative Rules
The Indiana Building Code
The Indiana Residential Code
The Indiana Electric Code
The Indiana Fire Code
The Indiana Fuel Gas Code
The Indiana Mechanical Code
The Indiana Plumbing Code
The Indiana Swimming Pool Code
(Ord. 17-2008, passed 5-12-08; Am. Ord. 20, 2022, passed 9-12-22)