Subject: 10676/CityCode/Building/10-1,10-2 & New 10-7 Date: Wed, 4 Jan 1995 12:41:26 -0500 ORDINANCE NO. 10676 AN ORDINANCE TO AMEND CHATTANOOGA CITY CODE, PART II, SECTIONS 10-1 AND 10-2, SO AS TO ADOPT THE 1997 EDITION OF THE STANDARD BUILDING CODE AND CERTAIN APPENDICES AS REVISED AND AMENDED AS THE OFFICIAL BUILDING CODE OF THE CITY OF CHATTANOOGA, TO AMEND SECTION 10-3 CONCERNING AMENDMENTS TO SAID CODE AND TO ADD A NEW SECTION 10-7 ADOPTING THE 1991 N.C. ACCESSIBILITY CODE WITH 1997 REVISIONS AS THE OFFICIAL HANDICAP AND ACCESSIBILITY CODE OF THE CITY OF CHATTANOOGA. SECTION 1. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, that Section 10-1, Part II, Chattanooga City Code, be and hereby is amended by striking said section in its entirety and substituting in lieu thereof the following: SECTION 10-1. Building Code Adopted. The Standard Building Code, 1997 edition, one (1) copy of which is, and has been on file in the Office of the City Council Clerk for more than fifteen (15) days, is hereby adopted as the Official Building Code of the City. SECTION 2. BE IT FURTHER ORDAINED that Section 10-2, Part II, Chattanooga City Code, be amended by striking same in its entirety and substituting in lieu thereof the following words and figures: SECTION 10-2. Appendices to Code Adopted. The following appendices to the Standard Building Code, 1997 edition, and as further amended in this chapter, are hereby adopted as part of the official Building Code of the City: 0C Appendix A - Weights of Building Materials. Appendix B - Recommended Schedule of Permit Fees, as amended. Appendix D - Standards for Demolition. Appendix E - Energy Conservation, as amended. Appendix F - Fire District, as amended. Appendix H - Manufactured Home Tie Down Standards. SECTION 3. BE IT FURTHER ORDAINED that Section 10-3, Part II, Chattanooga City Code, be amended by striking in its entirety and substituting in lieu thereof the following words and figures: SECTION 10-3. Amendments to Code Adopted. The following sections and appendices of the Standard Building Code, 1997 edition, are hereby amended, as hereinafter provided: a. Section 105.7 is deleted in its entirety. b. Section 108, Construction Board of Adjustments and Appeals, is deleted in its entirety and the following is substituted in lieu thereof: Section 108. Construction Board of Adjustments & Appeals. The Board of Adjustments and Appeals for the Mechanical Codes of the City of Chattanooga as established by Section 2-425, Part II, Chattanooga City Code, shall act as the Construction Board of Adjustments and Appeals for appeals from any decision of the Building Official or his designee and consider variances of the technical codes as provided in this Code. c. Chapter 11, Accessibility for People with Physical Disabilities, is deleted in its entirety. d. Section 3107, Flood plain, is deleted in its entirety. e. Section 3108, Signs, is deleted in its entirety. f. Section 3313, Moving of Buildings is amended by deleting such Section 3313 in its entirety, and substituting in lieu thereof the following: 3313. Moving of Buildings. (A) Any owner, agent or contractor who desires to move any building through or across any sidewalk, street, alley or highway within the corporate limits of the City from one location to another, or cause same to be moved shall first make application to the Building Inspection Department and obtain a permit therefor. (B) Each application for permit, with the required fee therefor, shall be filed with the Building Inspection Department on a form furnished by that department and shall be accompanied by a site plan showing the location of the building as it exists and a site plan showing the location of the building after its removal. Before the Building Inspection Department may issue a permit for the moving of a building from one location to another, a building inspector shall make an inspection of the building and of the lot onto which such building is to be moved and determine whether or not the building, after its relocation, will be substandard or cause the area into which it is being moved to be a blighted area. (C) In the event, after an inspection by the building inspector, it is determined that the building, after removal, will meet all the Building Code standards and will not cause blight or deterioration of the neighborhood or area into which such building is moved, the building inspector may issue a permit for such removal and relocation; provided, the application shall first be approved by the City Traffic Engineer, who shall fix the time such building is to be moved and the route over which such movement is to be made. No building shall be moved over any street, other than the one approved, within the hours fixed by the City Traffic Engineer. (D) No permit shall be issued under this ordinance for the moving of any building until the applicant has paid a fee of Sixty ($60.00) Dollars to pay the expense of the necessary investigations by the Building Inspection Department and the Traffic Engineering Department. (E) The applicant for a permit for the moving of a building within the corporate limits of the City shall file with the Building Inspection Department: (1) A certificate of insurance (or provide other proof in form and substance to be approved by the City Attorney) indicating that the applicant is insured and where the City of Chattanooga, Tennessee, is named as an additional insured, issued by a casualty company authorized to do business in the State of Tennessee, in an amount of not less than $130,000.00 for injury to one and $350,000.00 for an injury to more than one in any one accident and $50,000.00 property damage, conditioned that the building removal will conform to all regulations and ordinances of the City in reference to the moving of buildings along or over any street, alley or public way of the City. (F) Where the moving of said building or structure on private property involves no public sidewalk, street, alley or highway, the permit fee therefor shall be $10.00, in lieu of the $60.00 fee set forth in subsection (D) above. (G) Improvements by owner. The owner of any house, building or structure which is moved shall make all necessary improvements required in order for said house, building or structure to comply with the requirements of this code within 90 days from the date of the issuance of the moving permit. Extensions of such time as deemed reasonable may be granted by the building official upon a showing of delay caused by matters beyond the control of the owner or house mover. The application for the moving permit shall be accompanied by an application for a building permit, accompanied by complete plans and specifications showing the changes or conditions of said house, building, or structure as the same is proposed to be when moving, and all contemplated improvements, signed by the owner or the owner's agent. g. Section 3401.2.1 is amended by deleting such section in its entirety and substituting in lieu thereof the following language: 3401.2 Applicability 3401.2.1 Alterations, repairs or rehabilitation work may be made to any existing structure, building, electrical, gas, mechanical or plumbing system without requiring the building, structure, plumbing, electrical, mechanical or gas system to comply with all the requirements of the technical codes, provided that the alteration, repair or rehabilitation work conforms to the requirements of the technical codes for new construction. The building official shall determine the extent to which the existing system shall be made to conform to the requirements of the technical codes for new construction by applying the following standards: (1) If, within any twelve (12) month period, alterations or repairs costing in excess of fifty (50) percent of the then physical value of the building are made to an existing building, such building shall be made to conform to the requirements of this code for new buildings. (2) If an existing building is damaged by fire or otherwise in excess of fifty (50) percent of its then physical value before such damage is repaired, it shall be made to conform to the requirements of this code for new buildings. (3) If the cost of such alterations or repairs within any twelve (12) month period or the amount of such damage as referred to in paragraph (2) is more than twenty-five (25) but not more than fifty (50) percent of the then physical value of the building the portions to be altered or repaired shall be made to conform to the requirements of this code for new buildings to such extent as the Building Official may determine. (4) For the purpose of this section the Building Official may require the physical value of the building to be determined by a registered professional appraisal firm or agent, to be approved by the Building Official and to be compensated by the party asserting that the alterations and repairs are less than 50% of the physical value of the building at the time they are made. (5) If the occupancy of an existing building is entirely changed, the building shall be made to conform to the requirements of this code for the new occupancy. If the occupancy of only a portion of an existing building is changed and that portion is separated from the remainder as stipulated in Section 704, then only such portion need be made to conform. h. By adopting an amended Appendix B fee schedule for building inspections which shall be as follows: AMENDED APPENDIX B RECOMMENDED SCHEDULE OF PERMIT FEES B101 PERMIT FEES Total Valuation Fee $500.00 and less No fee, unless inspection required, in which case a $5.00 fee for each inspection shall be charged. $501.00 to $2,000.00 $5.00 per thousand or fraction thereof. $2,001.00 to $15,000.00 $10.00 for the first $2,000.00 plus $3.00 for each additional thousand or fraction thereof, to and including $15,000.00. $15,001.00 to $50,000.00 $49.00 for the first $15,000.00 plus $2.50 for each additional thousand or fraction thereof, to and including $50,000.00. $50,001.00 to $100,000.00 $136.50 for the first $50,000.00 plus $2.00 for each additional thousand or fraction thereof, to and including $100,000.00. $100,001.00 to $500,000.00 $236.50 for the first $100,000.00 plus $1.25 for each additional thousand or fraction thereof, to and including $500,000.00. $500,001.00 and up $736.50 for the first $500,000.00 plus $0.75 for each additional thousand or fraction thereof. B102 DEMOLITION FEE For the demolition of any building or structures, the fee shall be $25.00. B103 PENALTIES Where work for which a permit is required by this Code is started or proceeded with prior to obtaining said permit, the fees herein specified may be doubled, but the payment of such double fee shall not relieve any persons from fully complying with the requirements of this Code in the execution of the work nor from any other penalties prescribed herein. i. By adopting Appendix E in its entirety with the exception of Section E101.2 which is amended as follows: The words "1995 Edition" are to be added following "Cabo Model Energy Code" wherever they appear in Section E101.2. j. By adopting Appendix F in its entirety with the exception of F101.2, Establishment of Area, which section is deleted in its entirety. SECTION 4. BE IT FURTHER ORDAINED, that a new Section 10-7 is created which shall read as follows: Section 10-7. Handicap and Accessibility Code Adopted. The North Carolina State Building Code, Volume 1-C, Making Buildings and Facilities Accessible To and Usable By the Physically Handicapped, 1991 Edition with 1997 revisions, one (1) copy of which is, and has been on file for more than fifteen (15) days, is hereby adopted as the official Handicap and Accessibility Code of the City. SECTION 5. BE IT FURTHER ORDAINED, that this Ordinance shall be effective two (2) weeks from and after its passage as provided by law. PASSED on Third and Final Reading March 10,1998. /s/____________________________ CHAIRPERSON APPROVED:__X__ DISAPPROVED: DATE: March 12, 1998 . /s/____________________________ MAYOR PAN.kac