Chapter 10

 

BUILDINGS AND BUILDING REGULATIONS*

 

‑‑‑‑‑‑‑‑‑‑

            *Cross reference(s)‑‑Community development, ch. 22; environment, ch. 30; fire prevention and protection, ch. 34; human relations, ch. 46; planning, ch. 62; streets, sidewalks and other public places, ch. 74; subdivisions, ch. 78; utilities, ch. 86.

 

            State law reference(s)‑‑State construction code act, MCL 125.1501 et seq., MSA 5.2949(1) et seq.

‑‑‑‑‑‑‑‑‑‑

 

Article I. In General

 

Sec. 10-1.        Enforcement of chapter.

Secs. 10-2‑‑10-25. Reserved.

 

Article II. Contractors

 

Sec. 10-26.      Registration required.

Sec. 10-27.      Permit required; penalty.

Sec. 10-28.      Registration fees.

Sec. 10-29.      Property owners doing own work exempted from article requirements.

Secs. 10-30‑‑10-50. Reserved.

 

Article III. Building Code

 

Division 1. Generally

 

Sec. 10-51.      Adoption of code.

Sec. 10-52.      Purpose of code.

Sec. 10-53.      Repealed.

Sec. 10-54.      Copies of code.

Secs. 10-55‑‑10-65. Reserved.

 

Division 2. Building Permits

 

Secs. 10-66‑‑10-85. Reserved.

 

Division 3. Plan Review

 

Sec. 10-86.      Residential plan review fees.

Sec. 10-87.      Commercial and industrial plan review fees.

Sec. 10-88.      Revised plans and/or substitute plans.

Sec. 10-89.      Fees for additional review; owner's responsibility.

Secs. 10-90‑‑10-100. Reserved.

 

Division 4. Planning and Zoning Fees

 

Sec. 10-101.    Schedule of fees.

Secs. 10-102‑‑10-120. Reserved.

 

Article IV. One- and Two-Family Dwelling Code

 

Sec. 10-121.    Adoption of code.

Sec. 10-122.    Purpose of code.

Sec. 10-123.    Copies of code.

Sec. 10-124.    Repealed.

Secs. 10-125‑‑10-145. Reserved.

 

Article V. Mechanical Code

 

Sec. 10-146.    Adoption of code.

Sec. 10-146.5. Repealed.

Sec. 10-147.    Purpose of code.

Sec. 10-148.    Copies of code.

Sec. 10-149.    Appointment of code official.

Sec. 10-150.    Schedule of permit and inspection fees.

Secs. 10-151‑‑10-170. Reserved.

 

Article VI. Plumbing Code

 

Sec. 10-171.    Adoption of code.

Sec. 10-172.    Purpose of code.

Sec. 10-173.    Repealed.

Sec. 10-174.    Copies of code.

Secs. 10-175‑‑10-195. Reserved.

 

Article VII. Electrical Code

 

Sec. 10-196.    State electrical regulations adopted.

Sec. 10-197.    Enforcing agency of electrical regulations.

Sec. 10-198.    Electrical permit fees.

Secs. 10-199‑‑10-220. Reserved.

 

Article VIII. Housing Code

 

Sec. 10-221.    Saved from repeal.


ARTICLE I. IN GENERAL

 

Sec. 10-1. Enforcement of chapter.

 

(a)        Pursuant to the provisions of section 9 of Act No. 230 of the Public Acts of Michigan of 1972 (MCL 125.1501 et seq., MSA 5.2949(1) et seq.), as amended, the building inspector of the city is hereby designated as the enforcing agency to discharge the responsibilities of the city under such act. The city hereby assumes responsibility for the administration and enforcement of such act throughout its corporate limits.

 

(b)        Unless prohibited by state law or specific provisions of this Code, the following officials are empowered to issue and serve appearance tickets for violations of this Code, for which fall into their respective jurisdiction:

 

(1)               Chief of police, all other sworn police officers.

 

(2)        Chief of fire department, assistant fire chief, fire marshall, and shift supervisor.

 

(3)        Building inspector, code enforcement official.

 

(4)               Zoning administrator.

 

(5)        Harbor master.

 

(6)        City manager.

 

(7)        Public works director.

 

(Ord. No. 691, Sec. 15, 12-15-86; Ord. No. 716, Sec. 1, 10-13-88; Ord. No. 785, Sec. 1, 9-7-93)

 

Secs. 10-2‑‑10-25. Reserved.

 

ARTICLE II. CONTRACTORS

 

Sec. 10-26. Registration required.

 

            All contractors and builders are required to register with the city department of building and safety, and any state license must be verified before registration may be made, or work commenced within the city.

 

(Code 1965, Sec. 24.04(g); Ord. No. 691, Sec. 13, 12-15-86)

 

 

 

 

 

Sec. 10-27. Permit required; penalty.

 

            A permit shall be obtained before beginning construction, alteration, or repair, using application forms furnished by the building official. Failure to obtain a permit before construction, alteration or repair will result in the doubling of the permit fee.

 

(Code 1965, Sec. 24.04(e); Ord. No. 691, Sec. 13, 12-15-86)

 

Sec. 10-28. Registration fees.

 

(a)        The following fees are charged for registration:

 

                                    Builder's registration . . . . . . . . . . . . . . . . .  $    5.00

                                    Other types of contractors' registration . . .        5.00

                                    Heating contractor's registration . . . . . . . .        5.00

                                    Sign erector's registration . . . . . . . . . . . . .        5.00

 

(b)        The registrations described in subsection (a) of this section are issued for the calendar year and must be renewed each year.

 

(Code 1965, Sec. 24.04(g); Ord. No. 691, Sec. 13, 12-15-86)

 

Sec. 10-29. Property owners doing own work exempted from article requirements.

 

            Property owners doing their own work are not considered to be contractors and are exempt from the requirements of this article.

 

(Code 1965, Sec. 24.04(g); Ord. No. 691, Sec. 13, 12-15-86)

 

Secs. 10-30‑‑10-50. Reserved.

 

ARTICLE III. BUILDING CODE

 

DIVISION 1. GENERALLY

 

Sec. 10-51. Adoption of code.

 

The Michigan Building Code, as published by The Michigan Department of Consumer and Industry Services Bureau of Construction Codes, P. O. Box 30255, Lansing, Michigan 48909 and The International Code Council, 5203 Leesburg Pike, Suite 708 Falls Church, Virginia 22041, and as it may be amended from time to time, is hereby adopted as the Building Code of the City of South Haven in the State of Michigan; for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said Michigan Building Code are hereby referred to, adopted and made a part hereof as if fully set out in this Ordinance, with the additions, insertions, deletions and changes, if any prescribed in Section 10-53.

 

(Ord. No. 802, Sec. 1, 12-20-93; Ord. No. 852, Sec. 1, 11-2-97; Ord. No. 924, Sec. 1, 12-15-03)

 

            State law reference(s)‑‑Authority to adopt technical codes by reference, MCL 117.3(k), MSA 5.2073(k).

 

Sec. 10-52. Purpose of code.

 

            The purpose of the building code is to provide minimal standards for the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings or structures in the city; to provide for the issuance of permits and collection of fees; and to prescribe penalties for violations thereof.

 

(Code 1965, Sec. 24.01(a); Ord. No. 691, Sec. 1, 12-15-86)

 

Sec. 10-53. Repealed.

 

(Ord. No. 802, Sec. 3, 12-20-93; Ord. No. 816, Sec. 7, 2-6-95; Ord. No. 852, Sec. 3, 11-2-97; Ord. No. 861, Sec. 1, 6-15-98; Ord. No. 924, Sec. 2, 12-15-03)

 

Sec. 10-54. Copies of code.

 

The clerk shall provide for copies of the Michigan Building Code, adopted by the provisions of this article, and such copies shall be readily available for inspection and for distribution to the public at all times at a fee to be set by council resolution from time to time.

 

(Code 1965, Sec. 24.01(c); Ord. No. 924, Sec. 1, 12-15-03)

 

Secs. 10-55‑‑10-65. Reserved.

 

DIVISION 2. BUILDING PERMITS

 

Secs. 10-66‑‑10-85. Reserved.

 

DIVISION 3. PLAN REVIEW

 

Sec. 10-86. Residential plan review fees.

 

            A residential plan review will be performed at no cost for one- and two-family residential structures under 3,500 square feet. All other plans are reviewed for building code compliance at a fee of 1/1000th of project cost with a minimum of $75.00. The cost of the review is paid for by the person requesting the permit.

 

(Code 1965, Sec. 24.04(c); Ord. No. 733, Sec. 1, 4-16-90)

 

Sec. 10-87. Commercial and industrial plan review fees.

 

            A fee schedule for each commercial and industrial plan review shall be paid in accordance with a fee schedule adopted from time to time by resolution of the city council.

           

(Code 1965, Sec. 24.04(c); Ord. No. 691, Sec. 9, 12-15-86; Ord. No. 915, 6-16-03)

 

Sec. 10-88. Revised plans and/or substitute plans.

 

            Fees shall be based on portion of work redesigned. A charge for plan review and/or building permit shall be made on revisions. Minor addendum plans that do not alter space or change structural requirements may be exempted from this section.

 

(Code 1965, Sec. 24.04(c); Ord. No. 691, Sec. 9, 12-15-86)

 

Sec. 10-89. Fees for additional review; owner's responsibility.

 

            The property owner, developer or contractor shall be responsible for any additional fees incurred by the city if plans are to be sent to BOCA International, the state or any private firm for additional technical plan review.

 

            Note: Additional fees for zoning site plan review shall be charged pursuant to section 1407 of the city zoning ordinance, Ord. No. 653.

 

(Code 1965, Sec. 24.04(c); Ord. No. 691, Sec. 9, 12-15-86)

 

Secs. 10-90‑‑10-100. Reserved.

 

 

 

DIVISION 4. PLANNING AND ZONING FEES

 

Sec. 10-101. Schedule of fees.

 

            A fee schedule for planning and zoning shall be paid in accordance with a fee schedule adopted from time to time by resolution of the city council.

 

(Ord. No. 691, Sec. 14, 12-15-86; Ord. No. 915, 6-16-03)

 

Secs. 10-102‑‑10-120. Reserved.

 

ARTICLE IV. ONE- AND TWO-FAMILY DWELLING CODE

 

Sec. 10-121. Adoption of code.

 

The Michigan Residential Code, as published by The Michigan Department of Consumer and Industry Services Bureau of Construction Codes, P. O. Box 30255, Lansing, Michigan 48909 and The International Code Council, 5203 Leesburg Pike, Suite 708 Falls Church, Virginia 22041, and as it may be amended from time to time, is hereby adopted by reference, as amended and supplemented in this article, as the one- and two-family dwelling code of the city.

 

(Ord. No. 691, Sec. 1, 12-15-86; Ord. No. 924, Sec. 1, 12-15-03)

 

            State law reference(s)‑‑Authority to adopt technical codes by reference, MCL 117.3(k), MSA 5.2073(k).

 

Sec. 10-122. Purpose of code.

 

The purpose of the Michigan Residential Code is to regulate the fabrication, erection, construction, enlargement, alteration, repair, location and use of detached one- and two-family dwellings and their appurtenances and accessory structures, and to provide for the issuance of permits therefore.

 

(Ord. No. 691, Sec. 1, 12-15-86; Ord. No. 924, Sec. 1, 12-15-03)

 

Sec. 10-123. Copies of code.

 

The clerk shall provide for copies of the Michigan Residential Code adopted by the provisions of this article, and such copies shall be readily available for inspection and for distribution to the public at all times at a fee to be set by council resolution from time to time.

 

(Code 1965, Sec. 24.03; Ord. No. 691, Sec. 1, 12-15-86; Ord. No. 924, Sec. 1, 12-15-03)

 

Sec. 10-124. Repealed.

 

(Ord. No. 924, Sec. 2, 12-15-03)

 

Secs. 10-125‑‑10-145. Reserved.

 

ARTICLE V. MECHANICAL CODE

 

Sec. 10-146. Adoption of code.

 

The Michigan Mechanical Code, as published by The Michigan Department of Consumer and Industry Services Bureau of Construction Codes, P. O. Box 30255, Lansing, Michigan 48909 and The International Code Council, 5203 Leesburg Pike, Suite 708 Falls Church, Virginia 22041, and as it may be amended from time to time, is hereby adopted by reference, as amended and supplemented in this article, as the mechanical code of the city.

 

(Ord. No. 691, Sec. 1, 12-15-86; Ord. No. 924, Sec. 1, 12-15-03)

 

            State law reference(s)‑‑Authority to adopt technical codes by reference, MCL 117.3(k), MSA 5.2073(k).

 

Sec. 10-146.5. Repealed.

 

(Ord. No. 816, Sec. 8, 2-6-95; Ord. No. 924, Sec. 2, 12-15-03)

 

Sec. 10-147. Purpose of code.

 

            The purpose of the mechanical code is to provide minimum regulations governing the design, installation and construction of mechanical systems, by providing reasonable safeguards to protect the public health and safety against the hazards of inadequate, defective or unsafe mechanical systems and installations.

 

(Ord. No. 691, Sec. 1, 12-15-86)

 

Sec. 10-148. Copies of code.

 

The clerk shall provide for copies of the Michigan Mechanical Code, adopted by the provisions of this article, and such copies shall be readily available for inspection and distribution to the public at all times at a fee to be set by council resolution from time to time.

 

(Ord. No. 691, Sec. 1, 12-15-86; Ord. No. 924, Sec. 1, 12-15-03)

 

Sec. 10-149. Appointment of code official.

 

            Notwithstanding Section 10-1(a) of the Code of Ordinances, the Mechanical Official, as appointed by the City Council from time to time by resolution or contract, shall be the code official designated as the enforcing agency to enforce the provisions of and otherwise discharge the responsibilities of the City under the Mechanical Code.

 

(Ord. No. 850, 10-20-97; Ord. No. 856, Sec. 1, 4-20-98)

 

Sec. 10-150. Schedule of permit and inspection fees.

 

            A fee schedule for planning and zoning shall be paid in accordance with a fee schedule adopted from time to time by resolution of the city council.

 

(Ord. No. 851, 10-20-97; Ord. No. 856, Sec. 2, 4-20-98; Ord. No. 915, 6-16-03)

 

Secs. 10-151‑‑10-170. Reserved.

 

 

ARTICLE VI. PLUMBING CODE

 

Sec. 10-171. Adoption of code.

 

Pursuant to the provisions of Act No. 230 of the Public Acts of 1972 (MCL 125.1501 et seq., MSA 5.2949(1) et seq.), as amended, the Michigan Plumbing Code, as published by The Michigan Department of Consumer and Industry Services Bureau of Construction Codes, P. O. Box 30255, Lansing, Michigan 48909 and The International Code Council, 5203 Leesburg Pike, Suite 708 Falls Church, Virginia 22041, and as it may be amended from time to time, is hereby adopted by reference, as amended and supplemented in this article, and made a part of this Code as if fully set forth in this section, subject to the modifications and amendments as the city may make from time to time.

 

(Ord. No. 924, Sec. 1, 12-15-03)

 

            State law reference(s)‑‑Authority to adopt technical codes by reference, MCL 117.3(k), MSA 5.2073(k).

 

Sec. 10-172. Purpose of code.

 

            The purpose of the plumbing code is to establish minimum regulations governing the design, installation and construction of plumbing systems, by providing reasonable safeguards for sanitation to protect the public health against the hazards of inadequate, defective or unsanitary plumbing installations; to provide for the issuance of permits and for the collection of fees; and to prescribe penalties for violations.

 

Sec. 10-173. Repealed.

 

(Ord. No. 816, Sec. 9, 2-6-95; Ord. No. 924, Sec. 2, 12-15-03)

 

Sec. 10-174. Copies of code.

 

The clerk shall provide for copies of the Michigan Plumbing Code, adopted by the provisions of this article, and such copies shall be readily available for inspection and for distribution to the public at all times at a fee to be set by council resolution from time to time.

 

(Ord. No. 924, Sec. 1, 12-15-03)

 

Secs. 10-175‑‑10-195. Reserved.

 

ARTICLE VII. ELECTRICAL CODE

 

Sec. 10-196. State electrical regulations adopted.

 

(a)        The Michigan Electrical Code, pertaining to the licensing of electricians and electrical contractors, the inspection of electrical wiring and the adoption and enforcement of uniform minimum standards governing the licensing, installation and inspection of electrical wiring, “Electrical Administrative Act,” effective date August 17, 1960, as published by The Michigan Department of Consumer and Industry Services Bureau of Construction Codes, P. O. Box 30255, Lansing, Michigan 48909, and as it may be amended from time to time, is hereby adopted by reference and shall be applicable in the city.