§ 101-291. BOCA basic property maintenance code.

(a)

Adoption by reference. The fifth edition of the BOCA National Property Maintenance Code/1996, promulgated by the Building Officials and Code Administrators International, Inc., is hereby adopted by reference as fully as if set forth herein to govern existing buildings and structures in the city, except for the additions, modifications or deletions which are specified in this section. At least two copies of the BOCA National Property Maintenance Code/1996 shall be kept in the code enforcement department for public inspection.

(b)

Additions, modifications and deletions. The provisions of the BOCA National Property Maintenance Code/1996, adopted by subsection (a) of this section shall be modified, added to or deleted so that the following articles, sections or subsections shall read as follows:

(1)

PM-100.1. Title: These regulations shall be known as the Property Maintenance Code of the City of Mishawaka, Indiana, hereinafter referred to as the Property Maintenance Code.

(2)

PM-101.7 Application of other codes: Any repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the Building, Plumbing, Mechanical, Electric and Fire Prevention Code.

(3)

PM 106.2 Penalty: Any person who shall violate a provision of this code shall be subject to a fine of not less than $25.00 nor more than $2,500.00. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

(4)

PM 107.3 Method of service: Such notice shall be deemed to be properly served if a copy thereof is:

a.

Sent by first class mail addressed to the property owner or occupant;

b.

Delivered personally to the property owner or occupant; or

c.

Left at the dwelling or usual place of abode of the property owner or occupant. Service of such notice in the foregoing manner upon the agent of the property owner or occupant to be notified shall constitute actual service of notice upon the property owner or occupant.

(5)

PM 109.3 shall be deleted in its entirety.

(6)

PM 110 and 111 shall be deleted in their entirety.

(7)

PM 202: The definitions for the terms "building code" "hotel" and "two family dwelling" in PM 202 General Definitions shall be deleted and replaced with the following:

Building code: The Indiana Building Code in effect at the time of the construction of the building or at the time of the commencement of the present use thereof, Indiana One- and Two-Family Dwelling Code in effect at the time of the construction of the building or at the time of the commencement of the present use thereof, or other such codes and ordinances adopted by the State of Indiana and/or the city that were in effect at the time of the construction of the building or at the time of the commencement of the present use thereof, for the regulation of construction, alteration, addition, repair, removal, demolition, location, occupancy and maintenance of buildings or structures.

Hotel: Every building or structure kept, used, or maintained and advertised or held out to the public to be an inn, hotel, motel, family hotel, apartment hotel, lodginghouse, dormitory, or place where sleep or rooming accommodations are furnished for hire or are used or maintained for the accommodation of guests, lodgers, or roomers.

Two-family dwelling: A building containing two dwelling units.

(8)

PM 202: The following definitions shall be added in alphabetical order to PM 202 General Definitions:

Electrical code: The Indiana Electrical Code or other such electrical codes and ordinances adopted by the State of Indiana and/or the city, that were in effect at the time of the construction of the building or at the time of the commencement of the present use thereof.

Fire prevention code: The Indiana Fire Prevention Code or other such fire codes and ordinances adopted by the State of Indiana and/or the city, that were in effect at the time of the construction of the building or at the time of the commencement of the present use thereof.

Mechanical code: The Indiana Mechanical Code or other such mechanical codes and ordinances adopted by the State of Indiana and/or the city; that were in effect at the time of the construction of the building or at the time of the commencement of the present use thereof.

Plumbing code: The Indiana Plumbing Code or other such plumbing codes and ordinances adopted by the State of Indiana and/or the city, that were in effect at the time of the construction of the building or at the time of the commencement of the present use thereof.

(9)

PM-303.4 and PM-305.4 shall be deleted in their entirety.

(10)

PM-304.15 Insect screens: During the period from April 1 to October 1, 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.

(11)

PM-602.2 Residential buildings: Every dwelling shall be provided with heating facilities capable of maintaining a temperature of 70 degrees Fahrenheit (21 degrees Celsius) in all habitable rooms, bathrooms, and toilet rooms in accordance with the building code and mechanical code.

(12)

PM-602.2.1 Heat supply: Every owner and operator of any building who rents, leases or lets one or more dwelling units, rooming units, dormitories or guestrooms on terms, either express or implied, must furnish heat to the occupants thereof and shall supply sufficient heat to maintain the room temperatures specified in section PM-602.2 during the hours between 6:30 a.m. and 10:30 p.m. of each day and not less than 60 degrees Fahrenheit (16 degrees Celsius) during other hours.

(13)

PM-602.2.2 Room temperature exception: When the outdoor temperature is below the outdoor design temperature required for the 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 system is operating at full capacity, with supply valves and dampers in a fully open position.

(14)

PM-602.3 Nonresidential structures: Every enclosed occupied work space shall be supplied with sufficient heat to maintain a temperature of not less than 65 degrees Fahrenheit (18 degrees Celsius) during all working hours.

Exceptions:

1.

Processing, storage and operation areas that require cooling or special temperature conditions; and

2.

Areas in which persons are primarily engaged in vigorous physical activities.

(15)

PM-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 electrical code. Every dwelling shall be served by a main service that is not less than 60 amperes, three wires.

(16)

PM-702.2 Exit capacity: The capacity of the exits serving a floor shall be sufficient for the occupant load thereof as determined by the building code.

(17)

PM-702.3 Number of exits: The number, location and maintenance of required exits shall be in accordance with the building code and the fire prevention code.

(18)

PM-702.5 Exit signs: All means of egress shall be indicated with approved "Exit" signs where required by the building code. All "Exit" signs shall be visible and all "Exit" signs shall be illuminated at all times that the building is occupied.

(19)

PM-702.6 Corridor enclosure: All corridors serving an occupant load greater than 30 and the openings therein shall provide an effective barrier to resist the movement of smoke. All transoms, louvers, doors and other openings shall be closed or shall be self-closing.

Exceptions:

1.

Corridors in occupancies in other than Use Group H which are equipped throughout with an automatic sprinkler system.

2.

Patient room doors and corridors in occupancies in Use Group 1-2 where smoke barriers are provided in accordance with the fire prevention code are not required to be self-closing.

3.

Corridors in occupancies in Use Group E where each room that is occupied for instruction or assembly purposes has at least one-half required means of egress doors opening directly to the exterior of the building at ground level.

4.

Corridors that are in compliance with the building code.

(20)

PM-702.7 Dead-end travel distance: All corridors that serve required exits shall be maintained in accordance with the fire prevention code. The length of a dead-end corridor shall be as specified in the building code.

(21)

PM-702.9 Stairways, handrails and guards: Every exterior and interior flight of stairs having more than two risers in every open portion of the stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches above the floor or grade below shall have guardrails. Handrails and guardrails shall be installed in accordance with the building code.

(22)

PM-702.10 Information signs: A sign shall be provided at each floor landing in all interior stairways more than three stories above grade, designating the floor level above the floor of discharge. All elevator lobby call stations on all floor levels shall be identified by approved signs in accordance with the requirements for new buildings in the building code.

Exception: The emergency signs shall not be required for elevators that are part of an accessible means of egress complying with the building code.

(23)

PM-702.11 Locked doors: All means of egress doors shall be readily openable from which egress is to be made without the need for keys, special knowledge, or effort, except as provided for in the building code and the fire prevention code.

(24)

PM-702.11.1 is hereby deleted.

(25)

PM-702.12 Emergency escape: Every sleeping room shall have at least one operable window or exterior door approved for emergency egress or rescue which complies with the building code.

(26)

PM-702.12.1 Security: Bars, grills, grade, or similar devices may be installed on emergency exit windows or doors provided:

1.

The devices are equipped with approved release mechanisms which are openable from the inside without the use of a key or special knowledge or effort; and

2.

The building is equipped with smoke detectors installed in accordance with the building code.

(27)

PM-703.2 Hazardous material: Combustible, flammable, explosive or hazardous materials, such as paints, volatile oils and cleaning fluids or combustible rubbish, such as waste paper, boxes, and rags, shall not be accumulated or stored unless such storage complies with the applicable requirements of the building code and the fire prevention code.

(28)

PM-707.1 Smoke and heat detection: Approved smoke and heat detector shall be installed in each recirculating air system with a capacity of 2,000 cfm in accordance with the mechanical code.

(c)

Applicability. This section does not apply to buildings under construction, but only to buildings after they have been constructed and are in existence. To the extent that the BOCA Property Maintenance Code adopted by this section contains provisions in the nature of building codes or structural requirements, only the building codes that were in existence at the time of the construction of the building in question, or at the time that the present use of the building commenced, are applicable and enforceable under this section.

(Code 1985, § 155.01; Ord. No. 4413, 7-20-1999)