Chapter 7 - Building and Construction Rules and Regulations

ARTICLE 1. IN GENERAL.

Sec. 7-1	Authority to Regulate.
Sec. 7-2	Through Sec. 7-3 Reserved for Future Use.


ARTICLE 2. SIDEWALK CONSTRUCTION REGULATIONS.

Sec. 7-4	Compliance Required.
Sec. 7-5	Application for Permit.
Sec. 7-6	Width and Grade Requirements.
Sec. 7-7	Sub-grade Requirements.
Sec. 7-8	Forms for Concrete.
Sec. 7-9	Concrete Specifications.
Sec. 7-10	Mixing Requirements.
Sec. 7-11	Consistency of Concrete.
Sec. 7-12	Expansion Joints.
Sec. 7-13	Placing Concrete.
Sec. 7-14	Driveways.
Sec. 7-15	Alley Crossings.
Sec. 7-16	Inspection and Acceptance of Material and Work.
Sec. 7-17	Notice to Property Owners For Construction.
Sec. 7-18	Repair of Sidewalk.
Sec. 7-19	Determination of Repair.
Sec. 7-20	Disposition of Dirt and Old Material.
Sec. 7-21	Tampering With Grade Stakes on Sidewalks Prohibited.
Sec. 7-22	Violations and Penalties.
Sec. 7-23	Through Sec. 7-24 Reserved for Future Use.


ARTICLE 3. FLOOD DAMAGE PREVENTION REGULATIONS.

Sec. 7-25	Flood Damage Prevention Regulations. (Revised)
Sec. 7-38	Through Sec. 7-39 Reserved for Future Use.


ARTICLE 4. EXCAVATION REGULATIONS.

Sec. 7-40	Permit Required for Excavations.
Sec. 7-41	Application.
Sec. 7-42	Written Approval Required.
Sec. 7-43	Bond Requirements.
Sec. 7-44	Issuance of Permit.
Sec. 7-45	48-Hour Notice Requirements.
Sec. 7-46	Street Commissioner to Supervise Backfilling and Surfacing.
Sec. 7-47	Violations and Penalties.
Sec. 7-48	Through Sec. 7-49 Reserved for Future Use.


ARTICLE 5. ELECTRICAL REGULATIONS.

Sec. 7-50	National Electrical Code Adopted.
Sec. 7-51	Incorporation by Reference.
Sec. 7-52	Violations and Penalties.
Sec. 7-53	Through Sec. 7-55 Reserved for Future Use.


ARTICLE 6. PLUMBING CODE.

Sec. 7-56	Adoption of Plumbing Code.
Sec. 7-57	Incorporation by Reference.
Sec. 7-58	Penalties.
Sec. 7-59	Through Sec. 7-61 Reserved for Future Use.


ARTICLE 7. SWIMMING POOL REGULATIONS.

Sec. 7-62	Indiana Code for Swimming Pools Adopted.
Sec. 7-87	Through Sec. 7-99 Reserved for Future Use.


ARTICLE 8. ADDITIONAL BUILDING REGULATIONS

Sec. 7-100	Building and Construction Fees and Regulations
Sec. 7-101	through Sec. 7-109 Reserved for Future Use.

¹Indiana Code, § 36-7-10-I and § 36-7-10-2, address miscellaneous property restrictions.

²Title 675 of the Indiana Administrative Code address: Building Codes, One and Two Family Dwelling Code, Plumbing Code. Electrical Code, Mechanical Codes, Energy Conservation Code, Swimming Pool Code and the Fire Prevention Code.

The City of Attica has the authority to regulate the standards for buildings at buildings under construction.

³Indiana Code, § 36-9-18, et seq., address Barrett Law procedures for sidewalks, curbs and other public improvements.

a. All sidewalks made new, replaced or repaired within the city shall be made in conformity with the provisions of this Article.

b. Compliance shall be required with the grades, plans, profiles and specifications furnished by the Clerk-Treasurer on file in his or her office as adopted and approved by the City Council.
(Municipal Code of Attica, Indiana, 1967, § 29-1)

a. Any person desiring or required to build, replace or repair any sidewalk within the City before doing so or commencing any construction work thereon whatever, except where sidewalks are to be laid in accordance with the provisions of special improvement resolutions, must file an application for a permit with the City Engineer.

b. Following the City Engineer's review, the application shall be transmitted to the Board of Public Works and Safety.

c. The application shall be signed by the owner or agent of the abutting property where such sidewalk is to be built, replaced or repaired. (Municipal Code of Attica, Indiana, 1967, § 29-2)

a. All sidewalks shall be constructed a minimum of five feet (5') in width, except in case of the continuation of an already constructed sidewalk which is less than five feet (5') in width; in no event to be constructed less than four feet (4') in width.

b. If the sidewalk under construction is a gap between already constructed sidewalks in the same block, it shall be constructed according to the width of the wider sidewalk adjoining to the new sidewalk, four inches (4") in thickness, and One Course Concrete" according to the specifications that follow.

c. The surface of any walks when completed shall be in conformity with the grade given by the Street Department, and shall have a slope of one quarter (1/4) of an inch to the foot toward the center of the street.

d. All sidewalks shall be laid with the inner edge on the property line unless by special permit from the Council. (Municipal Code of Attica, Indiana, 1967, § 29-3)

a. The sub-grade shall be constructed to the required depth below the finished surface in accordance with the plans and specifications provided by the Street Department and shall be thoroughly compacted to a firm smooth surface.

b. All soft spongy places not affording a suitable sub-grade must be removed and replaced with a suitable material and compacted according to the above specifications. (Municipal Code of Attica, Indiana, 1967, § 29-4)

a. The forms shall be of metal or wood, straight and free from warp and of sufficient strength to resist springing during the process of depositing concrete against them.

d. The forms shall be of the full depth of the walk and shall be securely staked, braced and held firmly to required line and grade.

e. All forms shall be thoroughly cleaned and oiled before concrete is placed against them. (Municipal Code of Attica, Indiana, 1967, § 29-5)

a. Every cubic yard of concrete in place shall contain approximately 1.50 barrels of cement. The fine aggregate shall be concrete sand No. 14 and shall meet State Highway Commission of Indiana Standard Specifications.

b. The course aggregate shall be Concrete Aggregate "L" No. 5, and shall meet the State Highway Commission of Indiana Standard Specifications.

c. The concrete shall consist of one (1) part of the best Portland Cement, two (2) parts of fine aggregate and three (3) parts of course aggregate accurately measured.

d. Water for use with cement in concrete shall be clear from oil, acid, injurious alkali and/or vegetable matter. (Municipal Code of Attica, Indiana, 1967, § 29-6)

a. The aggregate, cement and water shall be thoroughly mixed in an approved batch mixer so designed, constructed and operated that a thorough mixing of the materials is assured and the consistency of all batches is the same.

b. All of the material shall remain in the drum of the mixer for a period of not less than two (2) minutes, during which time the drum shall revolve not less than fourteen (14) nor more that twenty (20) revolutions per minute.

c. The entire contents of each batch shall be removed from the drum before the materials for the succeeding batch are placed therein.

d. The volume of material mixed per batch shall not exceed the manufacturer's rating or a rating approved by the Associated General Contractors of America.

e. If the actual construction work of the sidewalk is being done by the property owner himself, the mixing may be done by hand providing the workmanship meets the specifications so set out in this Article. (Municipal Code of Attica, Indiana, 1967, § 29-7)

The consistency of the concrete shall be measured as described in "Tentative Method of Test for Consistency of Portland Cement, A. S. T. M. Serial Designation D 138-32. The slump shall not be less than one (1) inch nor more than three (3) inches. (Municipal Code of Attica, Indiana, 1967, § 29-8)

a. Expansion joints shall be placed at intervals not to exceed twenty-five feet (25').

b. The preformed filler to be used in the expansion joints shall be composed of a durable elastic compound of mineral or vegetable matter.

c. The thickness shall not be less than one-half inch (1/2"), the length shall be equal to the sidewalk width and the width shall not be less than the thickness of the sidewalk.

d. Preformed filler of one inch (1") thickness shall be placed where the sidewalk joins with any curb or curb gutter. (Municipal Code of Attica, Indiana, 1967, § 29-9)

a. The sub-grade shall be wetted before the concrete is placed therein. The concrete shall be deposited within the forms upon the wetted sub-grade to such a depth that after being compacted it shall be to the full thickness required.

b. It shall be leveled off and tamped sufficiently to bring the mortar to the surface after which it shall be finished smooth and even by means of a wood float.

c. The edges shall be rounded with an edger having a radius of one-fourth (1/4) inch.

d. Transverse joints shall be cut with a jointer having a radius of one-quarter inch at intervals not greater than the width of the sidewalk being constructed, unless otherwise directed by the Street Department.

e. When completed, the sidewalk shall be covered with wet burlap, straw or sisalkraft paper and kept wet for a period of not less than forty-eight (48) hours.

g. Whenever there is danger that the temperature shall reach the freezing point, sufficient straw or other suitable material shall be added to the covering material to prevent freezing of the concrete before it is thoroughly cured. (Municipal Code of Attica, Indiana, 1967, § 29-10)

Where driveways are to be built across the sidewalks space, they shall conform to the sidewalk grade and shall be six inches (6") in depth of the same quality and material as specified for walks. (Municipal Code of Attica, Indiana, 1967, § 29-11)

All alley crossings shall be constructed of concrete six (6) inches thick, of the same finish and material as specified for walks and will be concave or straight as may be ordered by the Street Department. (Municipal Code of Attica, Indiana, 1967, § 29-12)

The material for all sidewalks hereafter built or repaired in the City shall be inspected and approved by the Street Department before using, and all sidewalks made new or repaired shall be done under the supervision of the Street Department who shall inspect and report on the same before the approval and acceptance by the City Council. (Municipal Code of Attica, Indiana, 1967, § 29-13)

a. Whenever in the opinion of the Board of Public Works and Safety a new sidewalk should be built, or old sidewalks repaired, such Board shall forthwith give notice to the owner of the abutting property or his agent.

b. If residents of the City and, in case such owner or agents are non-residents of the City, the Street Department shall serve such notice by sending a copy thereof by registered mail to such owner or agent.

c. If the address of such owner or agent is a non-resident or un-occupied, and the residence of the owner or agent is unknown, then the Street Department shall post a copy of said notice on said property in a conspicuous place requiring said owner to build or repair the same within thirty (30) days from the date of such notice.

d. In case the owner shall fail to build or repair any such sidewalk, after such notice is given, then the City shall proceed to build or repair such walk and the costs, charges and expenses thereof shall be charged against the owner os such property and shall be collected in the same manner as assessments for street improvements. (Municipal Code of Attica, Indiana, 1967, § 29-14)

a. When any sidewalk within the city shall become out of repair and it is necessary to make repair according to Sec. 7-19, consultation shall be made with the Street Department.

b. No sidewalk block made at the time of the original construction shall be cut in order to save a part of the original block at the time of repair. The entire block shall be replaced. (Municipal Code of Attica, Indiana, 1967, § 29-15)

a. When any sidewalk within the City shall be or become out of repair so as to render the same unsafe, unfit or inconvenient for passage thereover by pedestrians, the Board of Public Works and Safety of the City Council of the City shall notify the owners of the abutting property adjoining thereof of the defect in such sidewalk.

b. In the event the same is not repaired, relaid or replaced as directed within thirty (30) days, then the Board shall present a resolution to the Council ordering such sidewalk improved as provided by the laws of the State and the ordinances of the city.

d. For the purpose and within the preview of this Article, the determination of the Board of Public Works and Safety as to the necessity of the repair, relaying or replacing of any such sidewalk, to render the same safe, fit or convenient for passage thereover by pedestrians, shall be conclusive so far as the City is concerned. (Municipal Code of Attica, Indiana, 1967, § 29-16)

a. Whenever any sidewalk shall have been ordered build, repaired, relaid, or replaced, the dirt removed may be used by the City in improvement of the street on which building or repairs are being made, or on streets, alleys, or public places the grading of which is of the same general plan.

b. In case the City does not so use the dirt, the property owner may remove it together with all old material within five (5) days from the completion of such work.

c. In case the property owner fails to do so, the contractor shall proceed to remove the same and the cost thereof shall be collected as part of the cost of said improvement.

d. It shall be the duty of the contractor, at all times while building, repairing, relaying or replacing any sidewalk to see to it that the stakes indicating the grade of the same have not been tampered. (Municipal Code of Attica, Indiana, 1967, § 29-17)

It shall be unlawful for any unauthorized person to tamper with or in any way interfere with any grade stakes for any sidewalk or to deface or disturb any such walk while in process of construction, and upon conviction thereof, shall be fined according to the penalty provided for in this Article. (Municipal Code of Attica, Indiana, 1967, § 29-18)

a. Any person violating any of the provisions of this Article shall be fined in any sum not. less than one dollar ($1.00) nor more than fifty dollars ($50.00).

b. Each day's continuance of such violation shall constitute a separate and distinct offense. (Municipal Code of Attica, Indiana, 1967, § 29-19)

⁴Editor's Note: Ord. No. 7. 1995 replaced Ord. No. 12, 1988 which was passed on July 6. 1988 and is located at Bk. 26. pp. 299-300. and Ord. No. 885-75, which was passed on June 23, 1975, and is located at Bk. 24, p. 171.

It shall be unlawful to make any opening or excavation on any street or sidewalk within the city limits without first obtaining a permit from the city. (Municipal Code of Attica, Indiana, 1967, § 9-1)

Name and address of applicant.
Location of proposed opening.
Estimated size of opening.
Type of surface of street or sidewalk.
Certificate of bond. (Municipal Code of Attica, Indiana, 1967, § 9-21)

The Street Department Commissioner shall give written approval if application is accepted. (Municipal Code of Attica, Indiana, 1967, § 9-3)

A bond in the amount of not less than one thousand dollars ($1,000.00) shall be required before a permit is issued. (Municipal Code of Attica, Indiana, 1967, § 9-4)

The Clerk Treasurer shall issue a permit upon receipt of the written approval of the Street Commissioner, the required deposit and bond. (Municipal Code of Attica, Indiana, 1967, § 9-5)

All persons desiring to make an excavation shall give the Street Commissioner at least forty-eight (48) hour notice prior to such excavation. (Municipal Code of Attica, Indiana, 1967, § 9-6)

b. If earth is approved for backfill, it shall be laid in layers not exceeding six inches (6") and each layer shall be thoroughly tamped and compacted before the next layer shall be placed.

c. In any case, the top eight inches (8") below the paving shall be tamped gravel or stone. Top surfacing shall be applied as directed by the Street Commissioner. (Municipal Code of Attica, Indiana, 1967, § 9-7)

Any violation of the provisions of this Article shall be subject to a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00). (Municipal Code of Attica, Indiana, 1967, § 9-8)

a. The National Electrical Code as recommended by the National Board of Fire Underwriters is adopted as the Electrical Code of the City of Attica, Indiana.

b. All electrical installations shall be made in accordance with the rules and regulations of the Electrical Code. (Municipal Code of Attica, Indiana, 1967, § 8-1)

⁶Indiana Code, § 36-1-5-4, requires two (2) copies to be kept on file for public inspection.

a. The National Electric Code as recommended by the National Board of Fire Underwriters and all subsequent changes and additions thereto is incorporated into and made a part hereof.

b. Two (2) copies of the Electrical Code shall be on file in the office of the Clerk-Treasurer at all times for public inspection. (Municipal Code of Attica, Indiana, 1967, § 8-2)

Any person failing to comply with provisions of the Electrical Code shall be subject to a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00). (Municipal Code of Attica, Indiana, 1967, § 8-3)

The plumbing rules and regulations for the State of Indiana as promulgated by the Administrative Building Council of the State of Indiana is adopted as the Plumbing Code for the City and may be cited as the Attica Plumbing Code. (Municipal Code of Attica, Indiana, 1967, § 23-1)

a. The plumbing rules and regulations of the State of Indiana as promulgated by the Administrative Building Council of the State of Indiana and adopted by the Council of the City as the Plumbing Code is incorporated into and made a part hereof.

b. Two (2) copies shall be on file in the office of the Clerk-Treasurer at all times for inspection by the public. (Municipal Code of Attica, Indiana, 1967, § 23-2)

Any person violating the provisions of this Article upon conviction shall be fined in any sum not less than ten dollars ($10.00) nor more than fifty dollars ($50.00).

Sec. 7-62 Indiana Code for Swimming Pools Adopted.

Title 675 of the Indiana Administrative Code, Article 20, entitled Swimming Pools, is hereby incorporated by reference into the Municipal Code for the City of Attica, Indiana and shall include later amendments as same are published in the Indiana registry or the Indiana Administrative Code.

Editor's Note: Ordinance #5, 2006, adopted on August 14, 2006, replaced this entire Article (previously Sections 7-62 through 7-86) with the paragraph above.

To see the material replaced by this amendment, - Click Here -.

a. There shall be charged on the first one thousand dollars ($1,000.00) expended for the proposed construction, reconstruction, or alteration of a building, the sum of twenty-five dollars ($25.00) with an additional fee of two dollars ($2.00) for each additional one thousand dollars ($1,000.00) or fraction thereof expended for the proposed construction, reconstruction, or alteration of a building. (Ord. No. 18, 1998, § 1, 12-14-98)

b. Additional building and construction building regulations are incorporated herein by reference and available for public inspection in the Office of the Building Commissioner during regular business hours.