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1510 Issue Building PermitsOPWINJNc39 No. An ordinance relating to the construction of buildings, and the Issuing of permits therefor, and providing penalties for violations hereof; and. repealing Ordinances Rios. 563 and 588, and all or- dinances andparts. of ordinances -in conflict herewith.... Be it ordained by the Mayor and Councilmen of the city of Salina: f r Sedt.ion 1. That then' limits off' the city of Salina shall constitute t.hd i- g limits designated under 04s ordinance, in which no wall., structute, building, part or pasta Ibereof`sha11 hereafter be built, altered, constructed, enlarged or repaired, or relocated, except in conformity with the provisions of this ordinance. Sec. 2. No person shall erect or cause to be erected within the fire limits; of the city of Salina any structure of any kind or descrip- tion, croe:li eo�rs�ru�ted--ar�dN•_us.e�....�us�..]�.,,..foX..�.oa�..orm.fue�..nat,.. �,arger° t•h-...e.�,$ht, feet .in heigRit� an a�n- di ars on8 larger`- thaw el ht by twelve to -est, unless bathe outside,and party walls tbareof be composed of brick, stone, cement or other iricbabUistible -ma,t6 rial, with walls of the thickness hereinafter prescribed, and the roof covered with slate, tin, copper, ttron, gravel or other .eqU*lly fire -proof roofing; Provided, That if any wooden building,-i.saxdeaal�ns, dded.saheve, shall be repaired, or removed and relocated within the fire limits, it chap be the duty of the f_ir+ _iz°f to immediately notify the person or persons hurting, repairing or removing said building to take. down and remove the same from within said fire limits within twenty- four hours; and if said person or ersons shall fail or refuse to womply rX.; withim said: notice, the shall cause said building to be torn ,down and removed from said fire limits. Sec. 3. No person, persons, cont ractory*, company or copporation shall erect or cause to be erected within the city of Salina any structure of any kind, nor -enlarge, add to the outside dimensions thereof, nor relocate any building or structure already erected, or which may here..* after be erected, without a building permit first being obtained there - for from the fire chief. The application for such permit shall be made and the permit obtained before work is commenced upon the foundation for any such proposed building or structure, or before the work of removal of any building begins, and such application shall state thenexaet site to be occupied, the material, dimensions and estimated cost of the proposed building, structure or addition, the purpose for which the same is *9 in- bended to be occupied, the number of flues,to. be constructed within.the same, and the probabletime within which the work will be completed. Jn the case of removal for relocation of any building, the site upon which the same is to 'be relocated shall be stated in such application. Any work of alteration, addition or repair to be mads or done to the inside of or upon any building or structure, or to the roof of the same, located within the fire limits, when such.alteration, addition or repair upon the same affects or pertains in any .way to the external or party walls thereof, or to the columns or partition vealls which are the support of any of the floor beams or rafter joists, or to the flues, or to any of the stairways, or to the roof of such building or structure, shall to the extent of such work, alteration or repair be subject to the provisions of this ordinance, and a permit for the same must be obtained before such work is commenced.. This shall apply as well to any archway, door. or opening of any kind to be cut in any stone or brick party or division wall between two buildings heretofore erected within said fire limits, or in any stone or brick partition wall within said limits. Plans and specifications of the proposed erection, alteration or addition shall be submitted for inspection and approval before the permit is issued, when so required by the fire chief. The fire chief shall keep a record of all permits issued by him and also a record of all violations of.this ordi. nance, showing the action taken in every case, and shall file and preserve in his office all applications upon which permits have been issued and rile duplicate copies of the same with the city clerk. y u ing perm is issued far the election of, or a�A ddi©ri or`Y rte----- ation to, any building or structure: Fifty cents, if the estimated cost of such building, '-addition or"alteration does -not exceed three hundred dollars; one dollar, -if the estimated cost of the same is more than three hundred_ dollars and not more than two thousand dollars; and two dollars, if the estimated cost of the same is more than two thousand dollars$ Provided, That no fee shall be charged for permits for coal - bind or privies, or for the removal of buildings. And all of said fees received shall be paid over by the fire chief to the city treasurer at least once each month, and he shall take dupzicate receipts therefor from the city treasurer, one to be filed with the city clerk and the other to be kept in his office. Sec 5. The fire chief shall have full poser to stop the con- struction of any building or structure, or any part thereof, or the making of any alteration, addition or repair to the same, or the construction of any flue or heating appliance within the city when the same is being done in violation of the ordinances of the city, or if in his judgment the .same is dangerous and unsafe. Seca 6. If any stone or brick building within witbdu the city shall ba eseriously damaged by fire, or otherwise, to such extent as to cause apprehension as to the safety of the walls, floors or any part thereof, such building shall not be repaired or the walls used for re- building until the same has been carefully examined by the fire chief, and his permit given.for such building or repair to proceed- 7. Proper foundations of masonry shall be provided for the support of all bu No foundation for any stone, brisk or cement building erected within the fire of he city shall be less than three feet below the exposed surface of the g�, L' and 8ball U laW VV012 Soon& somas not 1008 . V* lWasee Ili t Vftj"tjM at least Stz jushu Uo;y 0. the Val3 and. the anas of • quare foot of the foundation. Sec. 8. All excavations upon the front or side of any lot ad- joining a street, avenue or alley, .or under any sidewalk, shall be prop- erly guarded and protected by the person or persons having charge of the same so as to prevent the name from being or becoming dangerous. M -. ec. 9. The walls of all shone, brick or cement buildings here- after er ted within the fire limits of said city shall be in thickness not less than the dimensions designated in the following tables: External and Party Wal sement .lst Story.2nc Story.3rd Stpry.,.Uh Story. One story... , eso toose.17 13 Two stories........... .l7 13 13 vp: Wo U *r 1M �. - 'I�`�r r „I ! rp �+ • - 'fi�J.a.. ���.-�s+F-�„'!c .,:.rrrin.�..,- .stwWCYSPsii�il►"i�.L" EL° —.__ Provided, that partition tells of brick, once or cement may be built of a thickness four inches less than outsid 11s of the same story; and Provided, further,' that with special permission the fire chief, first. obtained, front and rear walls may be built of a th ne ss four inches less than outside walls, and provided further that fire roof sheds for storage purposes,. not more than one story in height, may erected without regard to the thickness of the wall upon obtaining a pe mit therefor, as provided in section three: of this ordinance. ntr�-e3L'!�[-Z`99�T6 basement, eighteen feet for first, story, fifteen feet for second story and thirteen feet for third and fourth stories. If any story exceeds these heights, respectively, the walls of such stories below shall be increased four inches in thickness additional to the thicknesses therein given. See-.-_ All buildings hereafter erected within t o I'Ve # shall have substantial si a on d at least eighteen inches Gv in height and not less than � inches in t ckness /tie roof connects with the walls. Sec. 12. Any party wall now existing within said fire limits that shall have been built conformable to the requirements of any law regu- lating the construction of such walls and in force at the. time of such construction, if sound and in good condition, may be used in the con- struction of any adjoining building: Provided, however, That no brick a- stone or cement work shall be placed on such wall to give additional height to the wall, unless the thickness of such additional wall and the thickne-es of the old wall in each story shall at least equal the thickness required for party walls of the same height for business buildings as hereinbefore required for party walls. This section shall apply in all cases where it is desired to add additional height to any building within the fire limits of the city. Sec. 13. In case of outside walls of any building hereafter or - acted within the fire limits being built against the wall of any old building, not being a party wall, the new wall shall be of the same thickness,as required in this ordinance for outside walls. of such. building. Sec.,,14. Every building hereafter erected within the fire limits, in which thk floor beams or rafeter joists are to be supported by parti- tion walls, th%said partition walls, which shall in no case be less than nine inches, shalssI-be composedof stone, brick or, cement; .or, in place of walls there may be bik�ck,,, stone or cement piers, iron or wood. columns; Provided, however, That%-ihere in the judgmentof the fire chief it becomes necessary to partitions instead of stone, brick or cement as above, said phich .are to support such floor beans or rafter joists must in all cases b41,j_qjjied on, both sides with metallic or wire lath to receive the pl.asterin he roof of every building here -- after. erected within the fire limits, tw �ories or over in height., shall have a scuttle opening, or bulkhead \a4loorr the same to be covered with fine -proof materials and to be provided ws : convenient steps or ladder leading thereto, and equipped with self-cl doors with fusible links. See. 15. The fire chief shall, whenever in his j'ud\�qent it is neces- sary for the public safety so. to do, have full power to direst and require the placing of #x= self-closing iron or fire proof * doors with sible links at all openings in stone, brick or cement party QW22x divisio walls within the fire limits; Prodided, That this provision$ shall not, apply to arch ways eight feet or more in width. S. l6. All chimneys within the city of Salina shall be built of brick, tone or other fire -proof material, subject to the approval of the fire chieX All brick chimneys shall start from ;the foundation walls, or from aolid stone or brick Foundation, or shall be securely built into stone or ick walls of the building. All wooden floor -beams, joists and headers shall e kept at least**inches clear of any flue or chimney breast, and now ork of any kind shall be bu&lt into any chimney or flue whatever. A11 eys within the fire limits shall be topped out at . least three and one- eet above the roof. It shall be the duty of the Rx fire chief, so far ssible, to'examine all flues and chimneys hereafter built, and those al y built when he may deem it necessary, and he may condemn he same whe ilt,eontrary to any or- dinance of the city, or when in 4 opinion the a dangerous or in- secure; and when any such chimney or flue is condemn ', it shall be torn down by the person erecting the same or owning the same, d re-built,or be changed as the fire chief may direct. Any person viola g any 11 of the provisions of this section, whether he be owner, contracto or per- son building said chimney or flue, shall on conviction thereof be Nned in any sum not more than one hundred dollars for each offense. Sec. 17. In all cases within the city where steam, hot water, hot air or other furnaces are used, if the furnace smoke pipe is placed at a less distance than two feet from wooden beams or ceilings, said beams or ceilings must be properly protected by a metal shiddd or plate, suspended above such smoke pipe, leaving an air space above and below such shield, but said smoke pipe must in no case be placed nearer than :eight inches to such beams or ceiling; and all hot air or steam pipes, together with all registers connected with the same, must be placed at a safe distance from all woodwork throughout the building, and said wood work shall be properly protected in every case. The top of every portable furnace not set in brick shall be kept at least one foot below the beams or ceilings, and shall have a metal plate suspended at least two inches below said beans or ceiling and extending one foot beyond the top of the furnace on all sides. And in all cases where any steam, hot water, hot air or other pipes running from one story to another. are boxed in with woodf, is sha31 be comcp�+ste . r e8 r vitas. hero layers of as r eAd 1ft eater 'btCl F# E:$ s1 nottod and t s& 861 se _ ... . staging, Sec. 18. If any building, wall, a or other structure, or any part thereof, or anything attached to or connected therewith, in the city of Salina, shall, by reason of its construction or use, or from fire, decay, overloading of floors, floods or any other cause, be reported to be dangerous or unsafe somas to endanger life,limb or property, it shall be the duty of the fire chief to immediately inspect such building or structure, and if. in his opinion the same is danagerous or unsafe, he shall at once notify the owner, agent, occupant of, or other party in- terested in said building or structure to cause the same to be rendered safe. and secure,. taken down and removed, as the fire chief may deem ne- cessary. The person or persons so notified shall have until such time as the fire chief may fix in which to commence rendering safe and secure or taking down and removing said building or structure, and they shall employ sufficient labor to render safe and secure or take down or remove such dangerous building or structure as expeditiously as the same can be done. In cases where the public safety may require ifmnediate action and before notice can be given, and in cases where notice has been given and the person or persons notified have failed, neglected or refused to take the action necessary to render safe and secure or to take down or remove said building or structure within the time stated in the notice, the fire chief may then enter upon the premises with such workmen and assistants as may be necessary and cause the said unsafe building, wall, staging or other structure to be shored up or otherwise rendered secure and safe or taken down or removed wit hDut delay; and the owner of any such building, wall, staging or other structure shall be liable to the city of Salina for the expenses of rendering safe and sedure or taking down or removing said building or other structure as above provided., and the fire chief shall keep an accurate account of the expenses thereof and report.the same to the mayor and council. Should the owner of any. such building or structure fail, begleet or refuse to take the action required by the fire chief to render the same safe and secure, or to take down or remove the same, after three days' notice from said fire chief, or it the owner is unknown three days after the fire chief shall have posted a written notice on said'building or structure that said building or structure is unsafe,or dangerous and it has been necessary for the fire chief to.render safe and secure or to take down or remove said building or other structure, as hereinbefore provided, then, and in that case, the mayor and council shall levy a special assessment. against said property fro said cost, as reported by the fire chief, and the city clerk shall certify said assessment to the county clerk in the mariner and at the time other specit%l assessments are levied and assessed• In all other cases the cost of such work done by the fire chief in rendering safe and' secure or in taking down or removing any building or structure may be recovered of the opener thereof by the city in an action at ,law In any court of competent jurisdiction. If in the opinion of the fire chief it shall be necessary he shall warn all occupants of any dangerous buildings to vacate the same, and may affix a notice of the dangerous character of said structure on;the outsidd of the same, or he may cause the.p remises to be fenced.in sufficiently to protect the public from danger. Any person violating any of the provisions of.t his section shall be guilty of a misdemeanor and upon conviction thereof be fined in any sum not more than one hundred dollars for each offense; and each and every day such person shall permit. any building or any part of any building, wall, staging or structure of which he is the owner or occupant, or in which he may be interested, to remain in an unsafe or dangerous condition, after the dats fixed by notice from the fire chief, as herein- before provided, is hereby declared to be a separate.and distinet'off.ense. Sec. 19. Whenever any building in said city, used in whole or in part as a theater or place for public assemblies, shall be reported as unsafe by reason of insufficient facilities for egress in case of fire or accident, or from any other cause, the mayor -and council shall have power to wake such order relative to the alteration of such building, after giving the parties in interest reasonable opportunity to be heard, as the nature of the case requires; and to prohibit the use of such buildings for public purposes, if in their judgment necessary, until the order of said mayor and council is complied with. Such order shall pre- seribeat the exact nature of the alteration or change required to be made In said building, the time within which the same shall be done, and the city clerk shall cause a certified copy of such order to be served upon the owner, owners, occupant or other person interested in such building, as the mayor and council may direct. Every owner of any such building who shall refuse or neglect to comply with the order of the mayor and council relative to such alterations, upon due notice thereof, and every lessee or owner of any such building who shall use or allow the same to be used for public purposes when prohibited by . sand mayor and council, shall be deemed guilty of a misdemeanor and upon conviction thereof fined in any sum not &ore than one hundred dollars for each offense. Sec. 24. No permit shall be issued for the erection of any theater, public hall or other building, to be used wholly or in part for public assemblies within the,city, or for any addition or alteration to or within any such building already erected or which may be hereafter er acted, until the plans and specifications thereof have been carefully examined by the fire chief and the said fire chief is satisfied licat as to the strength and safety and the sufficiency of the modes of egress and ingress of such proposed building, addition or alteration; and a copy of such spee'ifications shall be.deposited in the office of the fire chief, if required by him. Sec. 21• No frame or wooden building heretofore constructed within said fire limits shall be removed from the lines of its p resent founder - tion unless such building be removed outside of the fire li#its of said city. Sec. 22• Nhenever any frame or wooden building now standing within said fire limits shall be damaged by fire or otherwise to the extent of fifty per cent. of its value immediately before the occurrance of such damage, sai4 building shall not again be.ereeted.or repaired, except.in conformity with the provisions of this ordinance. The valuation of such building prior to such damage and the extent of such damage may be determined V the fire chief, or, if the property owner shall requir t the time such fire chief makes such determination, IV three disinterested resident property owners of said city, one of wbDm shall be selected. by the owner or agent of the building, the second by the mayor and thdxt two so chosen shall select a third. But if the damage to such IxJdk� frame or wooden building does not exceed fifty per cent. of its value immediately priot to the occurrence of such damage it may then be repaired with wood to the actual extent of such damage, and no more. Sec. 23. No repairs shall be made to the roof or outside walgs of any frame or wooden building now standing within said fire limits, except as provided in the last preceding section, unless the. same be re --construct e in accordance with the provisions and meaning of this ordinance, or be repaired with non-combustible material, as the fire chief may direct; and no such building shall be raised, except for the purpose of placing ne- cessary underpinning or foundations of brick or stone under the same, and then not to exceed two feet from its present foundation. No shed now standing within said fire limits shall.be converted into a building within the meaning and intent of this ordinance, unless the entire structure be made to conform to the requirements of this ordinance; nor shall any wooden cc* bin that may hereafter be erected within said fire limits, as provided in this ordinance, be converted into or.used as a stable or for any other than the use for which this ordinance permits it to be built. Any person violating any of the provisions of this section shall upon conviction thereof be fined not less than ten dollars and not more than one hundred dollars. Set 4. Nowooden buildings, or wooden atdditions to buildings shall hereafter be c fed within the fire limits of the city; and whenever any wooden building, or a&n ition to any building, shall be constructed, erected, enlarged or remo t i such fire limits, contrary to the provisions of this ordinance, whether the `oven any ■ suckbuilding or addition has a permit for the erection thereof or not, it shalla the duty of the fire chief, upon ' information that the pro- �f visions ~are b ng or have been violated, to issue an or der to the owner, occupant,.person i rge or builder thereof demanding that such build- ing or addition be taken wn and removed, and, upon refusal or neglect of such person to comply with a quirement s of such order within forty-eight hours after having r the same, the fire chief shall rcause said building or addition to be re and taken down, and the Wexpense thereof may be reeeovered of the owne such building or ad- dition by suit in any court of competent jurisdic Any person vio- lating the provisions of this section, either as owner contractor, shall, in addition to the penalties hereinbefore provided, b deemed. guilty of a misdemeanor and upon conviction thereof be fined in a sum not less than twenty-five nor More than one hundred dollars. Sec. 25. The walls of any building to be hereafter erected within the fire limits which are to be placed on a line of the lots between different owners, and when the bottom of the footings of_rauch walls are not to be e3ttended down to a depth of eight .feet from the curb level, the - same shall be'underpinned, sustained and protected, whenever it becomes necessary,.at the entire cost'of the owner or owners thereof; Provided, however, that it shall be the duty of the adjoining owner or owners when designing to build and if wishing to sink their cellar or walls to a greater depth than those adjoining to give timely written notice to the owner or owners of prior erected buildings of their intention so to do and shall also permit the occupancy of their ground to so protect and underpin said walls, building or buildings; but in all cases where the former walls have been carried down to the depth above specified, then parties building upon adjoining lots and excavating for- their cellars to a greater depth than above named shall, at their own cost and expense, use all proper care to underpin, sustain and protect the former -erected walls, building or buildings. Sec 26. Any building permit] may authorize the use of not more than one-third of the roadway in front or at the sidd of the premises to be built upon, and not exceeding the width or depth of the same, while said building is in actual process of erection, and such permit shall limit the time for which said permit shall continue, but such time may be extended when in the opinion of the fire chief it is necessary; Provided, That the.sidewalk, gutter or waterway of any avenue,or street shall not be at any time obstructed by any building materials or rubbish therefrom i so as to prevent the free passage of water in and along such gutter and water -way, or the -convenient passage of pedestrians �n�, such s �;Ca:� and every such, pli.cation shall contain an agreementZ^to.,'save the city harmless from all costs and danges which may accrue by reason of the use of a portion of any street for building material, or by reason of any excavations for such building, or under the side=walk or area adjacent thereto; Provided further, That where building materials are opposite on the same street or avenue the space so occupded shall be fixed and limited as the fire chief may direct, but. in such cases less than one-third of the roadway shall be occupied by each party having such permit when o.o required, and .every .pedson occupying apace in any street or. avenue for building material -shall,. by or before the expiration of. the 'time limit . in said. 'building permit, cause all material or any rubbish from the same to be thoroughly removed. No rock shall be unloaded or placed upon any street or avenue paved with asphalt or bitulithic pavement, without suit- able plank being laid and kept beneath the same, covering the entire space. to be so occupied; and no lime shall be slacked or mortar mixed upon anyt pavement, but in all cases water -tight mortar boxes and.beds shall be pro- vided and used and their 11ocations shall at all times be subject to the directions of the fire chief that all unnecessary injury or annoyance to the public may be avoided and prevented as far as possible. Builders or owners occupying space in the streets or avenues for building material shall cause one or more red lights to be kept burning in front, of or at each end of such material or other obstruction during the entire, night-., while such material or obstruction remains. Any person violating any of the provisions of this section shall upon conviction thereof be fined not les than ten dollars nor more than one hundred dollars for each of - fen se . Sec. 27. It shall be the duty of the fire chief, or his assistant under his direction, to examine, as often as practicable, all buildings in course .of erection, construction -or alteration within_ the city of Salina that violations or evasions of city ordinances pertaining to the erection o,f bx ld1bgs' ',imid-t.he construction of flues and heating appli- ances, together with any defects or causes existing liable to endanger property by fire or otherwise may so far as possible be discovered and such remedy be applied as he may be.empowered to apply; and it shall be his duty to enforce all ordinances .pertaining to the construction and .safety of buildings; and he shall have full power and authority to adopt and enforce all prudent measures that he may deem expedient for public safety. If any person shall neglect or refuse to comply with the di ructions of the fire chief, when in the proper performance of his duties, or of the directions of any assistant when acting under his direction, or shall obstruct or hinder them, or either of them, in the performance of their duties, he shall on conviction*.thereof be fined not less than five dollars nor more than one hundred dollars for each offense. Sec. 28. Any person or persons.violating any of the sections or provisions of this ordinance for which no penalty is hereinbefore named or prescribed shall, upon conviction thereof, be fined not less than ten dollars nor more than one hundred dollars for each offense. See. 29. That ordinance No. 563, passed and approved June 6, 1887, and Ordinance No. 588, passed and approved August 5, 18879Abe and each and of them are hereby repealed*. Sec.230/ Thism--ordinance sha-11 take effect and be in -force fr cin and after its publication once.in the official city paper. Passed and approved �' , 1909. At t eat: 1__X MZiy or ,