ORDINANCE 242-2011

AN ORDINANCE OF THE BURNS HARBOR TOWN COUNCIL AMENDING THE TOWN OF BURNS HARBOR BUILDING CODE

WHEREAS, floors and roofs which are constructed from manufactured or engineered products have been found to burn more quickly than traditional building materials and therefore present hazardous conditions for emergency responders during a house or structure fire; and

WHEREAS, the Town’s Advisory Plan Commission has recommended the adoption of the following amendment to the Town’s Building Code in order to protect firefighters and other emergency responders who enter burning structures that contain manufactured floors and roofs,

WHEREAS, the Burns Harbor Town Council, having reviewed all matters, now concurs with the Advisory Plan Commission that the following changes to the Town’s Building Code are advisable, necessary and in the best interest of the residents of the Town of Burns Harbor.

NOW, THEREFORE, be it and it is hereby ordained by the Town Council of the Town of Burns Harbor as follows:

SECTION ONE: The following Sections 4-37 through 4-43 shall be added to Chapter 4 of the Town Code of the Town of Burns Harbor:

4-37. DEFINITIONS. The following definitions shall apply throughout this Chapter:

“Manufactured floor” shall mean any floor support system, including I-beam joists, trusses, rim boards or headers, constructed in whole or in part with manufactured or engineered wood products as opposed to conventional or natural wood products.

“Manufactured roof” shall mean any roof support system, including I-beam joists, trusses, or rafters, constructed in whole or in part with manufactured or engineered wood products as opposed to conventional or natural wood products.

4-38. APPLICABILITY. The provisions of Sections 4-37 through 4-43 shall apply to all commercial and residential new construction and to alterations of structures and accessory structures, as such alterations are defined by Section 15-2-2 (10), located within the Town of Burns Harbor and for which a final occupancy permit has not been issued as of the effective date of this Ordinance.

4-39. IDENTIFICATION REQUIRED. The builder or owner of any structure containing a manufactured floor or manufactured roof shall clearly identify the existence of such manufactured floor or manufactured roof within the structure. It shall be a condition of the issuance of a final occupancy permit that fire resistant tags be conspicuously posted on the gas or electric utility meter located on the outside of the structure. Structures containing manufactured floors shall be designated with a tag indicating “R” and structures containing manufactured roofs shall be designated with a tag indicating “F”. Structures containing both manufactured floors and manufactured roofs shall be designated with a tag indicating “RF”.

4-40. DISCLOSURE REQUIRED ON PERMIT APPLICATION. Builders and owners shall disclose the use of manufactured floors or manufactured roofs on the application for an improvement location permit.

4-41. TAGS. The Town of Burns Harbor Building Commissioner shall make available the tags required by this Chapter, which shall be purchased by the builder or owner and installed prior to occupancy. Any individual who removes a tag installed pursuant to this Chapter shall be subject to a fine in accordance with Section 4-43 of this Chapter.

4-42. INSPECTIONS. All structures and accessory structures for which an improvement location permit is applied for after the effective date of this Ordinance shall be subject to inspection by the Town of Burns Harbor Building Commissioner to ensure compliance with the provisions of this Ordinance. In order to ensure compliance with this Ordinance, the Building Commissioner or his designee shall have the right of entry into any structure or accessory structure subject to the provisions of this Ordinance.

4-43. PENALTIES. Any person who violates Section 4-39 or 4-41 of this Chapter shall be fined $250.00 for a first violation and up to $2,500.00 for any second or subsequent violation. Each violation of Section 4-39 or Section 4-41 shall constitute a separate offense, and each day that the violation continues shall constitute a separate offense. This Section shall not be construed as limiting any remedy available to the Town, including injunctive relief or the General Penalty provisions of the Town Code, which are found at Section 1-9.

SECTION TWO: This Ordinance shall be in full force and effect after its adoption and publication as required by law.

ALL OF WHICH IS PASSED AND ADOPTED BY THE BURNS HARBOR TOWN COUNCIL THIS 13th DAY OF April, 2011.

R. Michael Perrine

Toni Biancardi

James P. McGee

T. Clifford Fleming

ATTEST:

Jane Jordan, Clerk-Treasurer

(April 18, 2011)