ORD 33582 - Amend chapter 43 of municipal code re dangerous and unsafe buildings 1
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City of Omaha
Hal Daub,Mayor
Planning Department June 6 , 1995 '
Omaha/Douglas Civic Center
1819 Farnam Street,Suite 1100 `
Omaha,Nebraska 68183-0110
(402)444-5200
(402)444-5150 Honorable President
Telefax(402)444-6140 '
and Members of the City Council,
Attached for your approval is the City of Omaha Building Code Ordinance. This
proposed Ordinance adopts the 1994 Edition of the Uniform Building Code. It
maintains in effect the 1992 Edition of the Council of American Building .-
Ofcials One and Two Family Dwelling Code and the 1986 Council of American
Building Officials Model Energy Code.
During the last 12 months the Building Board of Review and the subcommittees,
which it set up,have met to review and write amendments to the 1994 Uniform
Building Code. There has been much effort and compromising and this draft
reflects what the Board believes to be the best building code for the City.
We respectfully request the adoption of this Ordinance.
Respectfully submitted, Referred to the City Council for
zril _—___,__________
Co ider tion:
a
Steven Jensen
Acting Planning Director Ma or's Office/Title
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ORDINANCE NO. 33,58a ��� ' -
1 AN ORDINANCE to amend Chapter 43 of the Omaha Municipal Code, entitled "Building"; to
2 provide for dangerous and unsafe buildings; to provide for administration and enforcement;
3 to provide for Permits and Inspections Division; to provide for Building Code; to provide
4 amendments;to provide for awnings; to provide for use of public ways during construction;
5 to provide for fences;to provide for house moving; to provide for building and wrecking; to
6 provide for grading and erosion control; to repeal Chapter 43 of the Omaha Municipal Code
7 as heretofore existing; and to provide the effective date hereof.
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
9 Section 1. That Chapter 43 of the Omaha Municipal Code is hereby amended to read as
10 follows:
11 "CHAPTER 43
12 BUILDING
13 ART. I ADMINISTRATION AND ENFORCEMENT
14 Div. 1. Purpose and Scope. Sec. 43-1 thru Sec. 43-3.
15 Div. 2. Violations. Sec. 43-4 thru 43-6.
16 Div. 3. Organization and Enforcement. Sec. 43-7 thru Sec.43-20.
17 Div. 4. Unsafe and Dangerous Buildings or Structures, Sec.. 43-21 thru 43-50.
18 Div. 5. Building Board of Review. Sec 43-51 thru Sec. 43-70.
19 Div. 6. Permits. Sec. 43-71 thru Sec. 43-90.
20 Div. 7. Fees. Sec. 43-91 thru 43-100.
21 Div. 8. Inspections Sec. 43-101 thru Sec. 43-110.
22 Div. 9. Certificate of Occupancy. Sec. 43-111 thru Sec. 43-120.
23 ART. II BUILDING CODE
24 Div. 1. Adopted. Sec. 43-121 thru 43-125.
25 Div. 2. Amendments. Sec 43-126. UBC.
26 Sec. 43-127. CABO.
27 Sec. 43-128. MEC.
28 Sec. 43-129 thru Sec. 43-130.
29 ART. III AWNINGS Sec. 43-131 thru 43-150.
30 ART. IV USE OF PUBLIC WAYS DURING BUILDING OPERATIONS
31 Sec. 43-151 thru 43-170.
32 ART. V FENCES
33 Div. 1. Generally. Sec. 43-171 thru 43-172.
34 Div. 2. Fence Design. Sec. 43-173 thru 43-180.
35 ART. VI. HOUSE MOVING
36 Div. 1. Generally. Sec. 43-181 thru 43-208.
37 Div. 2. Contractor's Permit. Sec. 43-209 thru 43-228.
38 Div. 3. Specific Moving Permits. Sec. 43-229 thru 43-246.
39 ART. VII. BUILDING WRECKING Sec. 43-247 thru 43-260.
40 ART. VIII. GRADING AND EROSION CONTROL Sec 43-261 thru 43-268. 7144,
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ORDINANCE NO. 33 5 8eR
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1 ARTICLE I. ADMINISTRATION AND ENFORCEMENT
2 DIVISION 1. Purpose and Scope
3 Sec. 43-1. Purpose.
4 The purpose of this chapter is to provide minimum standards to safeguard life,limb,health,property
5 and public welfare by regulating and controlling the design, construction, quality of materials, use
6 and occupancy, location and maintenance of all buildings and structures within this jurisdiction and
7 certain equipment specifically regulated herein.
8 The purpose of this chapter is not to create or otherwise establish or designate any particular class
9 or group of persons who will or should be especially protected or benefited by the terms of this
10 chapter or by the building code as adopted herein.
11 Sec. 43-2. Scope.
12 The provisions of this chapter shall apply to the construction, alteration,moving, demolition,repair,
13 maintenance and use of any building or structure within this jurisdiction, except work located
14 primarily in a public way, public utility towers and poles, mechanical equipment not specifically
15 regulated in this code, and hydraulic flood control structures.
16 Where,in any specific case,different sections of the building code or of this chapter specify different
17 materials, methods of construction or other requirements,the most restrictive shall govern. Where
18 there is a conflict between a general requirement and a specific requirement,the specific requirement
19 shall be applicable.
20 In the event of a conflict between the provisions of this chapter,the building code or any other City
21 ordinance, the provisions which impose the highest standard shall prevail.
22 Sec. 43-3. Jurisdiction.
23 The provisions of this chapter shall be applicable to all properties within the corporate limits of the
24 City of Omaha and its three-mile extraterritorial jurisdiction.
25 DIVISION 2. VIOLATIONS
26 Sec. 43-4. Violations.
27 It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair,
28 move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or
29 structure or cause or permit the same to be done in violation of this chapter.
30 Sec. 43-5. Notice of Violation.
31 The Planning Director or his/her duly authorized representatives shall, upon substantiated evidence
32 of violation of any provision of this chapter, issue written notice to the owner, contractor, lessee,
ORDINANCE NO. 3 3 Sgoa
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1 firm corporation or other individual(s)responsible for the violation to correct same within a specific
2 time period.
3 Sec. 43-6. Penalty for Violation.
4 If the owner,contractor,lessee,firm, corporation or other individuals(s)responsible for the violation
5 shall fail to make such changes, alterations or repairs within the time set forth in the notice of
6 violation, and no extension of such time has been procured, the Planning Director or his/her duly
7 authorized representatives shall forward such evidence of violations to the City Law Department for
8 proper legal action.
9 Any person who violates any of the provisions of this chapter shall, upon conviction thereof, be
10 punished as provided in Section 1-10 of the Omaha Municipal Code. Every such person, persons,
11 firm or corporation shall be deemed guilty of a separate offense for every day on which such
12 violation shall continue.
13 DIVISION 3. ORGANIZATION AND ENFORCEMENT
14 Sec. 43-7. Authority.
15 The Director of the Planning Department and his/her duly authorized administrators shall be
16 authorized and directed to enforce the provisions of this chapter and the building codes adopted by
17 this chapter. The Structural Superintendent of Permits and Inspection as designated by the Director
18 of the Planning Department shall be known as the Building Official for the purposes of this chapter
19 and the building codes adopted by this chapter. The Chief Housing Inspector shall be the duly
20 authorized representative for the enforcement of Article I, Division 4 of this chapter.
21 The Building Official and the Chief Housing Inspector shall have the power to render interpretations
22 of this chapter and to adopt and enforce rules and supplemental regulations in order to clarify the
23 application of its provisions. The building official shall determine structural infeasibility and
24 technical infeasibility as pertains to the Nebraska Accessibility Guidelines adopted by this chapter.
25 Such interpretations rules and regulations shall be in conformance with the intent and purpose of this
26 chapter and the City's building code.
27 Sec. 43-8. Deputies.
28 The building official and the Chief Housing Inspector may hire such housing, building, and code
29 enforcement inspectors as shall be necessary to carry out the functions of this chapter and the City's
30 building code.
31 Sec. 43-9. Right of Entry.
32 Upon presentation of the proper credentials,the Director of the Planning Department or his/her duly
33 authorized representatives may enter at reasonable times any building, structure or premises within
34 the jurisdictional area of the City to perform any duty imposed upon him/her by this chapter and the
35 City's building code. If such building or premises be unoccupied,the authorized representative shall
36 first make a reasonable effort to locate the owner or other person having charge or control of the
ORDINANCE NO. 33 S Sa
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1 building or premises and request entry. If entry is refused, the authorized representative shall have
2 full recourse to the remedies provided by law to secure entry.
3 Sec. 43-10. Stop orders.
4 Whenever any work is being done contrary to the provisions of this chapter or other pertinent laws
5 or ordinances implemented through the enforcement of this chapter, the building official may order
6 the work stopped by notice in writing served on any persons engaged in the doing or causing such
7 work to be done, and any such persons shall forthwith stop such work until authorized by the
8 building official to proceed with the work.
9 Sec. 43-11. Occupancy violations.
10 Whenever any building or structure or equipment therein regulated by this chapter is being used
11 contrary to the provisions of this chapter or the provisions of the building code,the building official
12 may order such use discontinued and the structure, or portion thereof, vacated by notice served on
13 any person causing such use to be continued. Such person shall discontinue the use within the time
14 prescribed by the building official after receipt of such notice to make the structure, or portion
15 thereof, comply with the requirements of this chapter and the City's building code.
16 Sec. 43-12. Liability.
17 The building official charged with the enforcement of this chapter, acting in good faith and without
18 malice in the discharge of the duties required by this chapter or other pertinent law or ordinance shall
19 not thereby be rendered personally liable for damages that may accrue to persons or property as a
20 result of an act or by reason of an act or omission in the discharge of such duties. A suit brought
21 against the building official or employee because of such act or omission performed by the building
22 official or employee in the enforcement of any provision of such codes or other pertinent laws or
23 ordinances implemented through the enforcement of this chapter or enforced by the code
24 enforcement agency shall be defended by this jurisdiction until final termination of such
25 proceedings, and any judgment resulting therefrom shall be assumed by this jurisdiction.
26 This chapter and the City's building code shall not be construed to relieve from nor lessen the
27 responsibility of any person owning, operating or controlling any building or structure for any
28 damages to persons or property caused by defects, nor shall the code enforcement agency or its
29 parent jurisdiction be held as assuming any such liability by reason of the inspections authorized by
30 this code or any permits or certificates issued under this code.
31 Sec. 43-13. Modifications.
32 Whenever any person is aggrieved by the decision of the building official,or when there are practical
33 difficulties involved in carrying out the provisions of this chapter or the City's building code an
34 appeal may be filed with the Building Board of Review as set forth in section 43-51 et. seq.
ORDINANCE NO. 3 ,S,s',
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1 Sec. 43-14. Alternate materials, design and methods of construction.
2 The provisions of this chapter are not intended to prevent the use of any material, alternate design
3 or method of construction not specifically prescribed by this chapter or the City's building code,
4 provided an alternate has been approved and its use authorized by the Building Board of Review as
5 set forth in section 43-51 et. seq.
6 Sec. 43-15. Tests.
7 Whenever there is insufficient evidence of compliance with any of the provisions of this chapter or
8 the City's building code or evidence that any material or construction does not conform to the
9 requirements of this chapter or the City's building code, the building official may require tests as
10 proof of compliance to be made at no expense to this jurisdiction.
11 Test methods shall be as specified by the City's building code or by other recognized test standards.
12 If there are no recognized and accepted test methods for the proposed alternate,the Building Board
13 Official shall determine test procedures. All tests shall be made by an approved agency.
14 Sec. 43-16. Cooperation of Other Officials and Officers.
15 The Planning Director or his/her duly authorized representatives may request, and shall receive,the
16 assistance and cooperation of other officials of this jurisdiction so far as is required in the discharge
17 of the duties required by this chapter or other pertinent law or ordinance.
18 Sec. 43-17 through 43-20. Reserved.
19 DIVISION 4. UNSAFE AND DANGEROUS BUILDINGS OR STRUCTURES.
20 Sec. 43-21. Designation.
21 Any buildings and structures which have any or all of the following defects are hereby declared to
22 be dangerous buildings:
23 (a) All buildings and structures whose walls or other vertical structural members list,
24 lean or buckle to such extent that a plumbline passing through the center of gravity
25 falls outside of the middle third of its base.
26 (b) All buildings and structures which, exclusive of the foundation, show thirty-three
27 percent or more of damage or deterioration of the supporting member or members
28 or fifty percent of the damage or deterioration of the nonsupporting members or the
29 outside covering.
30 (c) All buildings and structures which have improperly distributed loads upon floors or
31 roofs or in which the same are overloaded, or which have insufficient strength to be
32 reasonably safe for the purpose used.
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ORDINANCE NO. 33 5 8 2
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1 (d) All buildings and structures which have been damaged by fire, wind or other causes
2 so as to have become dangerous to life, safety, or the general health and welfare of
3 the occupants or the people of the city.
4 (e) All buildings and structures which have become or are dilapidated, decayed, unsafe,
5 unsanitary or which so utterly fail to provide the amenities essential to decent living
6 that they are unfit for human habitation,or are likely to cause sickness or disease, so
7 as to work injury to the health, morals, safety or general welfare of those living
8 therein.
9 (f) All buildings and structures having light, air and sanitation facilities which are
10 inadequate to protect the health, safety or general welfare of human beings who live
11 or may live therein.
12 (g) All buildings and structures having inadequate facilities for egress in case of fire or
13 panic or those having insufficient stairways, elevators, fire escapes or other means
14 of communication.
15 (h) All buildings and structures which have parts thereof which are so attached that they
16 may fail and injure persons or property. •
17 (i) All buildings and structures existing in violation of any provision of this chapter,any
18 provision of the fire prevention code, or other applicable provision of this Code or
19 ordinance of this city.
20 Sec. 43-22. Declared nuisance.
21 Any building or structure found to be unsafe or unfit for occupancy or use, or any building or
22 structure which is liable to fall or collapse from inherent structural weakness, or as the result of fire,
23 decay or other defect,and which the owner refuses to repair in accordance with the provisions of this
24 division and the city's building code, or any structure which has deteriorated from any cause to the
25 extent that repairs would cost fifty percent of the cost of a similar new building , is hereby declared
26 to be a nuisance.
27 Sec. 43-23. Duty to make safe, secure.
28 Any building or other structure, or any appurtenance in, upon or about such building or other
29 structure, found, either in whole or in part, to be structurally unsafe or dangerous in case of or as a
30 result of fire, panic, tornado, wind, lightning, deterioration or other cause, or which is insufficient
31 or unsafe for the purpose for which it is intended to be used, shall be made safe and secure by the
32 owner, agent, lessee or occupant of such building or other structure within the time set forth in
33 written notice from the building or housing inspector.
34 Sec. 43-24. Standards for repair, vacation or demolition.
35 The following standards shall be followed by the building official or Chief Housing Inspector wh n'
36 ordering repair,vacation or demolition:
ORDINANCE NO. 335�
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1 (a) If the dangerous buildings can reasonable be repaired so that it will no longer exist
2 in violation of the terms of this division, it shall be ordered repaired.
3 (b) If the dangerous building is in such condition as to make it dangerous to the health,
4 morals, safety or general welfare of its occupants, it shall be ordered to be vacated.
5 (c) In any case where a dangerous building is fifty percent damaged or decayed, or
6 deteriorated from its original value or structure, it shall be demolished; and in all
7 cases where a building cannot be repaired so that it will no longer exist in violation
8 of the terms of this chapter it shall be demolished. In all cases where a dangerous
9 building is a fire hazard existing or erected in violation of the terms of this chapter,
10 or any other provision of this Code or ordinance of the city, or statute of the state, it
11 shall be demolished.
12 Sec. 43-25. Procedure for immediate action.
13 If immediate action is deemed necessary to protect life or limb, the director of the planning
14 department or his/her authorized administrator may cause an unsafe or dangerous building, structure,
15 appurtenance or apparatus,or any portion or part thereof,to be taken down or repaired without delay.
16 The cost of taking down or repairing any building or structure under the provisions of this section,
17 in amount of certified bills of all expenses incurred by the director of the planning department or
18 his/her authorized administrator,shall be collected in the same manner provided for in section 43-39.
19 Sec. 43-26. Duties of the Chief Housing Inspector.
20 The Chief Housing Inspector shall:
21 (a) Inspect any building, wall or structure about which complaints are filed by any
22 person to the effect that a building, wall or structure is or may be existing in a
23 dangerous manner.
24 (b) Inspect any building or structure within the jurisdictional area of the city for the
25 purpose of determining whether any conditions exist which renders such place a
26 dangerous building within the terms of this division.
27 (c) Placard every building or structure found to be a dangerous building. Such placard
28 shall be placed on the exterior near the main entrance and shall state that the building
29 or structure is unsafe or unfit for occupancy and use.
30 (d) Notify in writing the owner, occupant, lessee,mortgagee, agent and all other persons
31 having an interest in the building as shown by the land records of the county register
32 of deeds, of any building found by him to be dangerous a building that:
33 (1) The owner must vacate, repair, or demolish the building in accordance with
34 the terms of the notice and the provisions of this chapter.
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1 (2) The occupant or lessee must vacate the building or may have it repaired in
2 accordance with the notice and remain in possession.
3 (3) The mortgagee, agent or other persons having an interest in the building as
4 shown by the land records of the county register of deeds may,at his/her own
5 risk, repair, vacate or demolish said building or have such work done;
6 provided,that any person notified,under this subsection, to repair, vacate or
7 demolish any building shall be given reasonable time,not exceeding 90 days,
8 to do or have done the work done.
9 This notice shall include a description of the building or structure,a statement
10 of the conditions which make the building or structure dangerous, and an
11 order requiring the conditions which make the building or structure
12 dangerous be corrected within 90 days.
13 (e) Report to the director of the planning department or his/her authorized administrator
14 any noncompliance with the notice provided in subsection(d).
15 (f) Appearing at all hearings and testify as to the condition of dangerous buildings.
16 Sec. 43-27. Duties of the director.
17 The director of the planning department or his/her authorized representative shall:
18 (a) Upon receipt of a report of the housing inspector as provided for in section 43-26,
19 subsection(e),of this chapter,give written notice to the owner, occupant,mortgagee,
20 lessee, agent and all other persons having an interest in the building to appear before
21 him/her on the date specified in the notice to show cause why the building structure
22 reported to be a dangerous building should not be repaired, vacated or demolished
23 in accordance with the statement of conditions described in the housing inspector's
24 notice.
25 (b) Hold a hearing and hear such testimony as the housing inspector or the owner,
26 occupant,mortgagee, lessee, or any other person having an interest in said building
27 shall offer relative to the dangerous building.
28 (c) Make written findings of fact from the testimony offered in subsection (b) as to
29 whether or not the building in question is a dangerous building within the terms of
30 this division.
•
31 (d) Issue an order based upon findings of fact made in subsection(c) commanding the
32 owner, occupant,mortgagee, lessee or agent and all other persons having an interest
33 in the building to repair, vacate or demolish any building found to be a dangerous
34 building within the terms of this division and provided that any person so notified,
35 except the owners shall have the privilege of either vacating or repairing the
36 dangerous building. Any person, not the owner of the dangerous building, but'Vpx,
37 having an interest in the building as shown by court records, may demolish th- '`
ORDINANCE NO. 3358
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1 dangerous building at his/her own risk to prevent the acquiring of a lien against the
2 land upon on which the dangerous building stands by the city as provided in
3 subsection(e) of this section.
4 (e) If the owner, occupant,mortgagee, or lessee fails to comply with the order provided
5 for subsection(d)above within ten days,the director of the planning department shall
6 cause such buildings or structure to be repaired, vacated or demolished as the facts
7 may warrant,under the standards provided for in section 43-24 of this chapter, and
8 shall cause the cost of such repair,vacation or demolition to be levied,equalized and
9 assessed as are other special assessments. Such costs may,however,be recovered
10 in a civil suit. In cases where such procedure is desirable and any delay will not be
11 dangerous to the health, safety or general welfare of the people of this city, the
12 director may request the city law department to take legal action to force the owner
13 to make all necessary repairs or demolish the building.
14 (f) Report to the city law department the names of all persons not complying with the
15 order provided for in subsection (d) in this section.
16 Sec. 43-28. Placarding
17 The housing inspector shall placard every building or structure found to be unsafe or unfit for
18 occupancy or use under the provisions of this division.. Such placard shall be placed on the exterior
19 near the main entrance and shall set forth that such building or structure is unsafe or unfit for
20 occupancy and use.
21 Sec. 43-29. Report to director.
22 Whenever, in the opinion of the housing inspector, any building is a nuisance as provided in this
23 division, it shall be in his/her duty to file a written report thereof, directed to the director of the
24 planning department or his/her authorized administrator. Such report shall state the nature and
25 character of the building, its street number, the number,and description of the lot or tract of land
26 upon which it is situated, the name of the owner, lessee, occupant or mortgagee of record, and to
27 which the cause of the present condition is attributable.
28 Sec. 43-30. Building permits restricted.
29 After the housing inspector has reported a building as being a nuisance to the director of the planning
30 department or his/her duly authorized administrator, no building permit for the building may be
31 issued except with the consent and approval of the director of the planning department director or
32 his/her authorized administrator.
33 Sec. 43-31. Hearing Schedule.
34 Upon receipt of the written notice that a building or structure is a nuisance under the provisions of
35 this division,the director of the planning department or his/her authorized administrator shall set a •
36 hearing date and shall fix the time and place at which the owner, lessee, occupant or mortgagee of
ORDINANCE NO. 33 5.
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1 record of such building may appear and show cause why such building or structure should not be
2 condemned as a nuisance.
3 Sec. 43-32. Issuance of notice of hearing.
4 The director of the planning department or his/her authorized administrator shall immediately notify,
5 or cause to be notified, the owner, lessee, occupant or mortgagee of record of any building or
6 structure declared to be a nuisance under the provisions of this division, in writing, that a hearing
7 has been set, stating the date, time and place, and that the owner, lessee, occupant or mortgagee of
8 record may appear and show cause why the city should not condemn the building or structure as a
9 nuisance.
10 Sec. 43-33. Service of notice.
11 The notice of hearing provided for by this division shall be given not less than fifteen days prior to
12 the time of hearing;provided,that whenever the owner, lessee, occupant or mortgagee of record of
13 the building or structure involved is a nonresident of the city or cannot be found, then the director
14 of the planning department or his/her authorized administrator shall publish, in the official
15 newspaper of the city, a notice for two consecutive days,the last publication to be at least one week
16 prior to the date of the hearing. Service of every such notice shall be checked by the law department
17 for legal sufficiency. If, for any reason,the service of notice shall be determined to be insufficient,
18 illegal or defective,then such hearing shall be continued by the director of the planning department
19 or his/her authorized administrator for a period not to exceed ten days, from the date of such
20 determination; and the director of the planning department or his/her authorized administrator shall
21 promptly cause proper notice to be given to those not properly notified. Notice of the date to which
22 the hearing has been continued may be given by mail to those already properly notified.
23 Sec. 43-34. Conduct of hearing.
24 The director of the planning department or his/her authorized administrator shall hear all objections
25 made by the owner, lessee, occupant or mortgagee of record of the building or structure declared to
26 be a nuisance, as well as evidence submitted by the housing inspector or other interested persons.
27 Sec. 43-35. Findings, order.
28 (a) If, after consideration of all the evidence produced, the director of the planning
29 department or his/her authorized administrator shall find that the building or structure
30 is a nuisance under the provisions of this division, the director shall issue an order
31 directing the owner to cause the building to be torn down and removed. The order
32 shall state that the owner has fifteen days to appeal to the city council, and that if no
33 appeal is made by the time,the order shall become effective at that time and will be
34 final.
35 (b) In the event that the owner, lessee, occupant or mortgagee of record does not appear
36 at the hearing, then the director of the planning department or his/her authorized
37 administrator shall order such building or structure to be torn down and removed,and
�'"
38 shall notify the owner, lessee, occupant or mortgagee of record, in writing, of this
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1 order and advising that if an appeal is not made to the city council within fifteen
2 days, such order shall become effective at that time and will be final.
3 Sec. 43-36. Continued use prohibited;placard.
4 After a building or structure has been declared a nuisance under the provisions of this division and
5 ordered torn down,it shall be unlawful for any person to begin to use and/or occupy or to continue
6 to use and/or occupy such building or structure. The director of the planning department or his/her
7 authorized administrator shall place upon such building or structure a placard setting forth that the
8 building or structure has been condemned and declared unsafe for use and/or occupancy.
9 Sec. 43-37. Abatement by city.
10 Should the owner refuse or neglect to promptly comply with the order to tear down and remove a
11 building or structure condemned as a nuisance under the provisions of this division, or place the
12 premises in a safe condition, the director or his/her authorized administrator shall proceed with
13 tearing down and removal of the building or structure, and/or removal from the premises of the
14 remaining debris, and shall place the premises in a safe condition.
15 Sec 43-38. Appeal,procedure.
16 (a) Whenever a determination and order is made as provided in section 43-35,the owner,
17 lessee, occupant or mortgagee of record may appeal the determination and order to
18 the city council by filing with the city clerk written objections to said determination
19 and order, and a cash deposit or corporate surety bond within fifteen days from the
20 date of the determination and order. The written objections shall set forth the
21 location of the property, and all grounds for the objections. The cash deposit or
/ 111
22 surety bond shall be as follows: /09
23 (1) A structure of 1 to 3,000 square feet $ 250.00
l�4
24 (2) A structure of 3,001 to 9,999 square feet $ 1,000.00
25 (3) A structure of 10,000 square feet or more $ 2,500.00
26 The purpose of the cash deposit or corporate surety bond is to provide an additional
27 assurance that the appellant has the resources and intent to repair the structure, as
28 provided by the Omaha Municipal Code,within a reasonable specified time and that
29 the structure will remain safe and secure until all repairs have been complete. The
30 cash deposit or bond will be returned to the appellant only after all required repairs
31 have been made to the structure per the order of the director or his duly authorized
32 administrator is affirmed.
33 (b) Upon receipt of'such written objections to the determination and order, and the cash
34 deposit or corporate surety bond, the city clerk shall set a hearing date and shall
35 immediately notify the director of the planning department or his/her authorized
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1 administrator and the objectors in writing that the hearing has been set before the city
2 council, stating the date, time and place of the hearing and that the parties are to
3 appear before the city council to be heard on the matter.
4 (c) The city council shall hear the testimony of the objectors and the director of the
5 planning department and other interested parties; and after the hearing, the city
6 council may affirm, modify or reverse the determination of the director of the
7 planning department or his/her authorized administrator.
8 (d) In the event that the appealing party does not make the necessary repairs on the
9 building or structure within the specified time or fails to keep the building or 1
10 structure secured,the cash deposit or security bond shall be forfeited as a penalty.
11 This provision may be modified by the city council.
12 Sec. 43-39. Reservation by city council to hold condemnation hearings.
13 Notwithstanding the provision contained in this division,the city council may by resolution require
14 the planning department,the fire division or any other appropriate department or division of the city
15 to evaluate whether a building or structure should be condemned.
16 The city clerk shall notify the appropriate persons of record, the planning director, the fire
17 department director, or any other appropriate director to attend the city council's public hearing on
18 the resolution to refer a proposed condemnation to the appropriate departments.
19 Upon adoption of a resolution by the city council, the appropriate departments shall have forty
20 working days to follow the required condemnation procedure,notifications and hearings to evaluate
21 possible condemnation action. Within the forty working day period, the planning department shall
22 advise the city council of its findings and recommendation concerning the condemnation.
23 The city council shall then determine by ordinance or resolution, whether to accept or reject the
24 planning department recommendation as to whether to condemn or not condemn the building or
25 structure.
26 If, after consideration of all the evidence produced,the city council shall find that the building or
27 structure is a nuisance as defined in section 43-22 of this Code,the city shall proceed to abate the
28 nuisance in accordance with the procedure set forth in section 43-37 of this Code.
29 Sec. 43-40. Emergency cases.
30 In cases where there is immediate danger to life or safety of any person unless a dangerous building
31 is immediately vacated and demolished,the housing inspector shall report such facts to the director
32 of the planning department. The city,by and through the director, shall contract for the immediate
33 vacation and demolition of the dangerous building without requiring bids. The costs of such
34 emergency vacation and demolition of a dangerous building shall be collected as provided in R.R.S.
35 1943, section 18-1722, as amended.
•
ORDINANCE NO. 33 S8
PAGE -13-
1 Sec. 43-41. Where the owner is absent from the city.
2 In cases, except emergency cases, where the owner, occupant, lessee or mortgagee is absent from
3 the city, all notices or orders provided for herein shall be sent by registered or certified mail to the
4 owner,occupant,mortgagee, lessee and all other persons having an interest in the building as shown
5 by the land records of the county register of deeds office to the last-known address of each; and a
6 copy of the notice shall be posted in a conspicuous place on the dangerous building to which it
7 relates. Mailing and posting shall be deemed adequate service.
8 Sec. 43-42. Police, fire,to aid enforcement.
9 The director of the planning department of his/her authorized administrator shall have the authority
10 to call upon the police or fire departments in enforcing the provisions of this division. It shall be the
11 duty of the police or fire departments or any member of these departments to act according to the
12 instructions of and perform the duties as may be required by the director in order to enforce the
13 provisions of this division.
14 Sec. 44-43 through 43-50. Reserved.
15 DIVISION 5. BUILDING BOARD OF REVIEW
16 Sec. 43-51. Created.
17 A board is hereby created by the City to be known as the Building Board of Review, herein after
18 referred to as the Board.
19 Sec. 43-52. Composition.
20 The Board shall be composed of seven members which shall be qualified by experience and training
21 to pass upon technical matters pertaining to building construction; one member shall be an architect,
22 one an electrical engineer, one a structural engineer, one a mechanical engineer, one sanitary
23 engineer,one a recognized building contractor, and one general representative of the residents of the
24 City.
25 Sec. 43-53. Appointment.
26 The Mayor, in accordance with the provisions of the City's Charter and this code, shall appoint the
27 members of the Board.
28 Sec. 43-54. Term.
29 The members of the Board shall be appointed for a term of three years.
30 Sec. 43-55. Removal from office.
31 Continued absences of any member of the Board from regular meetings of the Board shall, at the
32 discretion of the Mayor,render that member liable to immediate removal as a member of the Board.
ORDINANCE NO. 33 S 'a
PAGE -14-
1 Sec. 43-56. Filling Vacancies.
2 Vacancies occurring in the membership of the Board shall be filled for the unexpired term in the
3 manner in which the original appointments are made.
4 Sec. 43-57. Compensation. •
5 All members of the Board shall receive compensation at the rate of$15.00 each for each scheduled
6 meeting.
7 Sec. 43-58. Rules, regulations.
8 The Board may adopt and enforce rules and regulations as may be thought proper and necessary for
9 the performance of its work.
10 Sec. 43-59. Quorum.
11 Four members of the Board shall constitute a quorum for the transaction of business.
12 Sec. 43-60. General authority.
13 The Building Board of Review shall have the authority to review and, by affirmative vote of a
14 majority of the members present at any public hearing, sustain, reverse, change or modify any
15 decision of the Building Official relating to questions concerning methods of building, use of
16 processes, and devices, strength and character of construction, and such other questions of like kind
17 and character as may arise between the Building Official and the individual(s) aggrieved by the
18 decision of the building official. The Building Board of Review shall have the authority to rule on
19 the suitability of alternate materials and methods of construction, and to rule on matters related to
20 sign, awning and fence construction, house moving, and building wrecking.
21 (a) Modifications
22 Before reversing the decision of the building official or granting a modification of
23 this chapter or the City's building code,the Building Board of Review shall first find
24 that a special individual reason makes the strict letter of this chapter or the City's
25 building code impractical and that the modification is in conformance with the intent
26 and purpose of this chapter and that such modification does not lessen any
27 fire-protection requirements or any degree of structural integrity. The details of any
28 action granting modifications shall be recorded and entered in the files of the Permits
29 and Inspection Division of the Planning Department.
30 (b) Alternate materials, design and methods of construction
31 The Building Board of Review may approve any such alternate,provided the Board
32 finds that the proposed design is satisfactory and complies with the provisions of this '-
33 chapter and the City's building code and that the material, method or work offered
34 is, for the purpose intended, at least the equivalent of that prescribed in the City's
ORDINANCE NO. 33 5 So: '
PAGE -15-
1 building code in suitability, strength, effectiveness, fire resistance, durability, safety
2 and sanitation. The Building Board of Review shall require that sufficient evidence
3 or proof be submitted to substantiate any claims that may be made regarding its use.
4 The details of any such action approving an alternate shall be recorded and entered
5 in the files of the Permits and Inspection Division.
6 Sec. 43-61. Review of provisions of law.
7 The Board is hereby authorized and empowered to review from time to time all provisions of the
8 building,electrical,mechanical,plumbing,and housing codes adopted by the City;to conduct public
9 hearings thereon; and to recommend to the City Council modifications,revisions, changes, and new
10 proposals pertaining thereto for their consideration and legislative action.
11 Sec. 43-62. Manner of filing.
12 Any individual(s) who wishes to appeal to the Building Board of Review based on its General
13 Authority as set forth in Sec. 43-60 shall file for a hearing before the Building Board of Review on
14 a form provided by the Permits and Inspection Division. When the request for a hearing is to object
15 to a decision of the Building Official, such request shall be filed within 15 days of said decision and
16 shall include, in writing, all grounds for objections. The individual(s) filing the objection has the
17 burden of establishing that the decision of the Building Official should be reversed, changed, or
18 modified.
19 Sec. 43-63. Fee.
20 Every request for a hearing filed under the provisions of this chapter shall be accompanied by a fee
21 of$30.00, payable to the City of Omaha.
22 Sec 43-64 Scheduling, notice of hearing.
23 Upon receipt of a request for hearing before the Board,the Permits&Inspections Division shall set
24 a date for the hearing. The applicant and other persons interested in the case shall be notified as to
25 the time and date of the hearing.
26 Sec. 43-65. Conduct of hearing.
27 The board shall hear all arguments and review all evidence submitted by the applicant,the Building
28 Official, and any other person(s) interested in the case, and shall render its opinion.
29 Sec. 43-66. Decision by Board.
30 The Board may affirm, modify or reverse the decision upon which a request for hearing was filed;
31 may approve or disapprove requests for consideration of alternate materials and methods of
32 construction; and may grant modifications of the code in accordance with Sections 43-13 and 43-14
33 of this chapter.
ORDINANCE NO. 33.58.
PAGE -16-
1 Sec. 43-67. Judicial appeal.
2
3 The decision of the Board may be appealed to the district court as provided in Section 14-813,
4 Revised Statutes of Nebraska, 1943, as amended. Any person(s) aggrieved by any decision of the
5 Board may present to the district court a petition, duly verified, setting forth that such decision is
6 illegal, in whole or in part, specifying the grounds of such illegality. Such petition must be filed
7 within thirty days from the date of the decision of the Board.
8 Sec. 43-68 through 43-70. Reserved.
9 DIVISION 6. PERMITS.
10 Sec. 43-71. Permits required.
11 Except as specified in Sec. 43-72 of this Code,no building or structure regulated by this Code shall
12 be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or
13 demolished unless a separate permit for each building or structure has first been obtained from the
14 Building Official.
15 Sec. 43-72. Work exempted from permits.
16 A building permit shall not be required for the following:
17 1. Movable cases, counters and partitions not over 5 feet 9 inches high.
18 2. Retaining walls which are not over 6 feet high measured from the bottom of the footing to
19 the top of the wall,unless supporting a surcharge or impounding Class I, II, or III-A liquids.
20 3. Painting, papering, floor covering and similar work.
21 4. Temporary motion picture,television and theater stage sets and scenery.
22 5. Window awnings supported by an exterior wall of one- and two-family dwellings when
23 projecting not more than 54 inches.
24 6. Swimming pools.
25 7. Repairs and alterations that are entirely non-structural in nature and do not cost more than
26 $500.00 to complete.
27 8. Replacement of existing concrete or asphalt driveways and walks, provided that the area
28 being replaced is no larger than that which previously existed.
29 9. New concrete or asphalt paving when the total area is less than 200 Sq. Ft.
ORDINANCE NO. 3 3 5 'o�
PAGE-17 •
-
1 Unless otherwise exempted,separate plumbing,electrical and mechanical permits will be required
2 for the above-exempted items. All of the above items must comply with the zoning ordinance and
3 other pertinent ordinances even though they are exempt from building permit requirements.
4 Exemption from the permit requirements of this code shall not be deemed to grant authorization for
5 any work to be done in any manner in violation of the provisions of this code or any other laws or
6 ordinances of this jurisdiction.
7 Sec.43-73. Application for permit.
8 To obtain a permit, the applicant shall first file an application in writing on a form furnished by
9 Permits&Inspections for that purpose. Every such application shall:
10 1. Identify and describe the work to be covered by the permit for which application is made.
11 2. Describe the land on which the proposed work is to be done by legal description, street
12 address or similar description that will readily identify and definitely locate the proposed
13 building or work.
14 3. Indicate the use or occupancy for which the proposed work is intended.
15 4. Be accompanied by plans,diagrams,computations,specifications and other data as required
16 by the Building Official.
17 5. State the construction valuation of any new building, structure, addition, remodeling or
18 alteration to an existing building.
•
19 6. Be signed by the applicant or the applicant's authorized agent.
20. 7. Give such other data and information as may be required by the Building Official.
21 Sec.43-74. Submittal documents.
22 Plans in triplicate, specifications, engineering calculation, diagrams, soil investigation reports,
23 special inspection and structural observation programs and other data shall constitute the submittal
24 documents and shall be submitted with each application for a permit. Individuals or firms
25 performing special inspections and structural observations shall be identified.
26 The Building Official shall require plans, computations, and specifications to be prepared by an
27 engineer or architect licensed by the State to practice as such when one of the following conditions
28 exists;the building,structure or remodeling provides for employment,housing,or assembly of 20
29 or more persons;the building,structure or remodeling is larger than 5,000 square feet;or the walls
30 of such building or structure exceed 30 feet in height. The Building Official may require plans,
31 computations and specifications to be prepared and designed by an engineer or architect licensed by
32 the State to practice as such even if not required by State law.
•
T.�..
ORDINANCE NO. 33 5 8
PAGE -18-
1 EXCEPTION: The Building Official may waive the submission of plans,
2 calculations, construction inspection requirements and other data if it is found that
3 the nature of the work applied for is such that reviewing of plans is not necessary to
4 obtain compliance with the building code.
5 Sec. 43-75. Information on plans and specifications.
6 All plans and drawings shall be drawn to a scale of not-less than 1/8 inch to a foot with the scale
7 identified on the plans and shall be completed in ink or some process that will not fade or obliterate.
8 Plans for fences,retaining walls and accessory buildings shall be on paper not less than 8 1/2 inches
9 X 11 inches in size. Plans for all other work shall be on paper not less than 11 inches X 17 inches
10 in size. Plans, drawings and specifications will also contain the following:
11 1. An accurate survey of the lot or tract of land to be built upon prepared by a surveyor licensed
12 by the State of Nebraska.
13 2. A plot plan drawn to scale showing the lot or tract to be built upon,the size and location of
14 all existing and proposed improvements, and such other information as may be required for
15 enforcement of the City's zoning ordinance. Plats for commercial projects shall also show
16 fire hydrant locations and grade contour lines. •
17 3. All distance and dimensions shall be accurately figured and identified.
18 4. The name of the owner,the address of the proposed improvement, the name of the architect
19 or engineer with his/her seal and signature as required by State law, and the type of
20 occupancy proposed.
•
21 5. The entire mechanical,plumbing and electrical systems shall be shown in detail, including
22 the placement of all fixtures, outlets and ductwork.
23 6. An orientation,key, or exiting plan shall be included when only a portion of the building is
24 being finished or remodeled.
25 7. Any other information as may be required to perform an accurate plan review.
26 The Building Official may waive any of these requirements when it is determined that the
27 information is not needed for plan review.
28 Plans for buildings more than two stories in height, other than one- and two-family dwellings and
29 their accessory structures, shall indicate how the required structural and fire-resistive integrity will
30 be maintained where a penetration will be made for electrical, mechanical, plumbing and
31 communication conduits,pipes and similar systems.
32 Sec. 43-76. Special inspector identified.
33 When special inspection is required by the building code,the architect or engineer of record shall
34 prepare an inspection program which shall be submitted to the building official for approval prior
ORDINANCE NO. 33 5
PAGE -19-
•
1 to issuance of the building permit. The inspection program shall designate the portions of the work
2 that require special inspection and the name or names of the individuals or firms who are to perform
3 the special inspections, and indicate the duties of the special inspectors.
4 The special inspector shall be employed by the owner, the engineer or architect of record, or the
5 agent of the owner, but not the contractor or any other person responsible for the work.
6 Sec. 43-77. Permits issuance.
7 The application,plans, specifications,computations and other data filed by an applicant for a permit
8 shall be reviewed by the building official. Such plans may be reviewed by other departments of this
9 jurisdiction to verify compliance with any applicable laws under their jurisdiction. If the Building
10 Official finds that the work described in an application for a permit and the plans, specifications and
11 other data filed therewith conform to the requirements of the Building Code and other pertinent laws
12 and ordinances, and that the required fees have been paid, the building official shall issue a permit
13 therefor to the applicant.
14 When the Building Official issues the permit where plans are required, the building official shall
15 endorse in writing or stamp the plans and specifications "APPROVED". Such approved plans and
16 specifications shall not be changed, modified or altered without authorization from the Building
17 Official, and all work regulated by the building code shall be done in accordance with the approved
18 plans.
19 The Building Official may issue a permit for the construction of part of a building or structure before
20 the entire plans and specifications for the whole building or structure have been submitted or
21 approved, provided adequate information and detailed statements have been filed complying with
22 all pertinent requirements of the Building Code. The holder of a partial permit shall proceed without
23 assurance that the permit for the entire building or structure will be granted.
24 Sec. 43-78. Retention of plans.
25 One set of approved plans, specifications and computations shall be retained by the Building Official
26 for a period of three years after the issuance of the permit. Two sets of approved plans and
27 specifications shall be returned to the applicant and one such set shall be kept on the site of the
28 building or work at all times during which the work authorized thereby is in progress.
29 Sec. 43-79. Validity of permit.
30 The issuance or granting of a permit or approval of plans, specifications and computations shall not
31 be construed to be a permit for, nor an approval of, any violation of any of the provisions of the
32 building code or any other ordinance of this jurisdiction. Permits presuming to give authority to
33 violate or cancel the provisions of the building code or other ordinance shall not be valid.
34 Sec. 43-80. Expiration.
35 Every permit issued under the provisions of this code shall expire by limitation and become null and
36 void if the building or work authorized by such permit is not commenced within 6 months of the date
ORDINANCE NO. 33 S8a
PAGE-20-
1 of issuance of said permit. If the work has commenced and been inspected by the building official
2 within the initial 6 months, the permit shall remain valid until 30 months after the date of the
3 issuance of said permit.
4 EXCEPTION: Where special or extenuating circumstances are known to exist, the
5 building official and/or the chief housing inspector may restrict the duration of a
6 permit to less than the 6-month start, 30 month finish stated herein. Any such permit
7 must be marked with the alternate expiration dates clearly identified.
8 In order to renew action on an expired permit,the applicant shall first pay a new, full permit fee and
9 shall obtain a renewal permit. Renewal permits shall be valid for a time period not to exceed one
10 year and shall be so marked. No permit may be renewed more than once without approval from the
11 Planning Director. After all extensions have expired,the applicant must submit a new application
12 and must comply with the building code in effect at the time of the new application.
13 The Planning Director is also authorized to grant extensions of time for commencement of building
14 operations controlled by building permits upon clear and convincing proof of a practical hardship,
15 inadvertent delay in financial arrangements, defects in legal titles, inability to obtain competent
16 workers, material shortages, or other cogent reasons not due to the fault,negligence or failure to act
17 on the part of the owner or his/her agent.
18 Sec. 43-81. Suspension or revocation.
19 The building official may, in writing, suspend or revoke a permit issued under the provisions of this
20 code whenever the permit is issued in error or on the basis of incorrect information supplied, or in
21 violation of any ordinance or regulation or any of the provisions of the building code.
22 Sec. 43-82 through 43-90. Reserved.
23 DIVISION 7. FEES
24 Sec. 43-91. Permit Fees.
25 Fees shall be assessed in accordance with the provisions of this section. The fee for each building
26 permit shall be as set forth in Table 43-91.
27 The determination of value or valuation for the purpose of assessing the permit fee shall be made
28 by the building official. The value to be used in computing the building permit and plan review fees
29 shall be the total value of all construction work for which the permit is issued.
ORDINANCE NO. 3 3 s 5 c2
PAGE -21-
1 TABLE 43-91 •
2 BUILDING PERMIT FEES
3 TOTAL VALUATION PERMIT FEES
4 $1.00 TO $2000.00 $35.00 (No permit is required if the work has
5 a valuation less than$500.00 unless the work
6 is structural.)
7 $2001.00 to $25,000.00 $35.00 for the first $2000.00 plus $8.40 for
8 each additional $1000.00 or fraction thereof,
9 to and including$25,000.00.
10 $25,001.00 to $50,000.00 $228.20 for the first$25,000.00 plus$5.60 for
11 each additional $1000.00 or fraction thereof,
12 to and including $50,000.00.
13 $50,001.00 to $100,000.00 $368.20 for the first$50,000.00 plus$2.80 for
14 each additional $1000.00 or fraction thereof,
15 to and including$100,000.00.
16 $100,001.00 to $500,000.00 $508.20 for the first $100,000.00 plus $2.45
17 for each additional $1,000.00 or fraction
18 thereof, to and including $500,000.00.
19 $500,001.00 to $1,000,000.00 $1,488.20 for the first$500,000.00 plus$2.10
20 for each additional $1,000.00 or fraction
21 thereof,to and including $1,000,000.00.
22 $1,000,001.00 and up $2,538.20 for the first $1,000,000.00 plus
23 $1.75 for each additional$1,000.00 or fraction
24 thereof.
25 Shoring of a building or structure, for
26 $1,000.00 or fractional part thereof,
27 based on the estimated cost of the shoring $35.00+$4.00/$1000.00
28 over$10,000.00
29 Insulation fees for commercial/industrial building . $50.00
30 Insulation fees for residential buildings $25.00
31 Insulation fees for residential additions $10.00
ORDINANCE NO. 3 3 5
8,q
PAGE -22-
1 OTHER INSPECTIONS AND FEES (Applicable to all years)
2 1 Inspections outside of normal business hour $30.00 per hour
3 (minimum charge-two hours)
4 2. Additional plan review required by changes,
5 Additions or revisions to approval plans $26.00 per hour
6 (minimum charge - one half hour)
7 3. In case the building inspector is required to make more than one trip from his office for the
8 purpose of inspecting any work on account of violation of rules, wrong address, or any other
9 irregularities caused by the contractor or any of his employees, the following charges will be
10 made and paid before the certificate of inspection is issued:
11 (1) First additional trip No Charge
12 (2) Second additional trip and each
13 additional trip thereafter $15.00
14 4. In case the builder(s)lose the approved plans and plans must be re-examined and restamped,the
15 following fees shall be charged:
16 Commercial Plans $50.00
17 1 and 2 Family Dwellings $15.00
18 Addition, garage, fence, etc $10.00
19 There shall be no building permit fee for the construction of a new single-family dwelling,
20 single-family attached or two-family dwellings located in Zones A or B as designated in the City
21 Urban Development Policy; provided, however, that an application for said building permits shall
22 be accompanied by a fee of$35.00 payable to the City of Omaha.
23 5. Penalty fees: Work without a permit -- Quadruple the amount of the regular fee.
24
25 Exceptions to quadrupling fees.
26 No quadruple fee penalty set forth in this chapter shall be imposed if:
27 (a) The work is on an emergency nature where a delay in performing the work may
28 cause a risk to life or health or will significantly increase the risk of property damage,
29 provided a permit is applied for within 48 hours of completion of the work, in which
30 case no penalty shall be imposed; or,
31 (b) An applicant applies for a permit after the work has begun, but before the work is : OP'
observed and recorded bya cityinspector, in which case a double fee shall be
32
33 imposed.
ORDINANCE NO. 3 35
PAGE -23-
1 CERTI
FICATE OF OCCUPANCY FEES
•
2 A. No fee shall be charged for the first certificate of occupancy for a new building.
3 B. The fee for existing buildings or subsequent bays (interior sub-divisions) or common areas
4 of new buildings or for a change of occupancy (change of use or purpose) shall be $35.00.
5 C. The fee for a temporary certificate of occupancy for all or part of a new or existing building
6 shall be $35.00.
7 D. The fee for a copy of a certificate of occupancy shall be $5.00.
8 E. Penalty fee: Occupancy without certificate of occupancy shall be $250.00 in addition to the
9 regular certificate of occupancy fee.
10 Sec. 43-92. Plan review fees.
11 When submittal documents are required by Section 43-74, a plan review fee shall be paid upon at
12 the time of submitting the documents for plan review. Said plan review fee shall be 25 percent of
13 the building permit fee as shown in Table 43-91. If the applicant wishes to pay the total fee required
14 for a permit at the time of application for same, he/she may do so.
15 If the building permit is issued within 6 months of initial application, the plan review fee may be
16 used as part of the total fee. If the permit applicant withdraws the application or fails to obtain the
17 building permit within 6 months, the plan review fee shall be retained by the City in all cases.
18 Sec. 43-93. Expiration of plan review.
19 Applications for which no permit is issued within 180 days following the date of application shall
20 expire by limitation,and plans and other data submitted for review may thereafter be destroyed. The
21 building official may extend the time for action by the applicant for a period not exceeding 180 days
22 on request by the applicant showing that circumstances beyond his/her control have prevented action
23 from being taken.No application shall be extended more than once. This section is not intended to
24 preclude the submittal of a new application for the same project.
25 In order to renew action on an application after expiration,the applicant shall resubmit plans and pay
26 new plan review and permit fees.
27 Sec. 43-94. Work without a permit.
28 Whenever any work for which a permit is required has been commenced without first obtaining said
29 permit, a special investigation shall be made before a permit may be issued. A penalty fee shall be
30 assessed in accordance with Table 43-91. Payment of the penalty fee shall not exempt the applicant
31 from making any changes that may be required to bring the work into compliance with the City's
32 building, zoning and other codes.
ORDINANCE NO. —3-3 58
PAGE -24-
1 Sec. 43-95. Fee refunds.
2 The Building Official may authorize refunding of any fee paid hereunder which was erroneously
3 paid or collected.
4 The Building Official shall not authorize refunding of any fee paid except upon written application
5 filed by the original permittee not later than 180 days after the date of fee payment.
6 The Building Official may authorize refunding of not more than 80 percent of the building permit
7 fee when work authorized by said permit has not been commenced.
8 The plan review fee is not refundable. •
9 EXCEPTION: If no plan review has been performed at the time an application for
10 refund is received, the Building Official may authorize refunding of not more than
11 80 percent of the plan review.
12 Sec. 43-96 through 43-100. Reserved.
13 DIVISION 8. INSPECTIONS
14 Sec. 43-101. General.
15 All construction or work for which a permit is required shall be subject to inspection by the Building
16 Official and all such construction or work shall remain accessible and exposed for inspection
17 purposes until approved by the building official. In addition,certain types of construction shall have
18 special inspection as specified in the building code as adopted by this jurisdiction.
19 Approval as a result of an inspection shall not be construed to be an approval of a violation of the
20 provisions of the building code, this code or of other ordinances of the jurisdiction. Inspections
21 presuming to give authority to violate or cancel the provisions of the Building Code,this code or of
22 other ordinances of the jurisdiction shall not be valid.
23 It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for
24 inspection purposes. Neither the Building Official nor the jurisdiction shall be liable for expense
25 entailed in the removal or replacement of any material required to allow inspection.
26 A survey of the lot may be required by the Building Official to verify that the structure is located in
27 accordance with the approved plans.
28 Sec. 43-102. Inspection requests.
29 It shall be the duty of the person doing the work authorized by a permit to notify the building official
30 that such work is ready for inspection. The Building Official may require that every request for
31 inspection be filed at least one working day before such inspection is desired. Such request may be
32 in writing or by telephone.
ORDINANCE NO. 335 8 '
PAGE -25-
1 It shall be the duty of the person requesting any inspection required by this code or the Building
2 Code to provide access to and means for inspection of such work.
•
3 Sec. 43-103. Approval required.
4 Work shall not be done beyond the point indicated in each successive inspection without first
5 obtaining the approval of the building official. the reinforcing steel or structural framework of any
6 part of any building or structure shall not be covered or concealed without first obtaining the
7 approval of the building official. the building official, upon notification, shall make the requested
8 inspections and shall either indicate that portion of the construction is satisfactory and complete, or
9 shall notify the permit holder or an agent of the permit holder if he/she fails to comply with this code
10 or the Building Code. Any portions which do not comply shall be corrected and such portion shall
11 not be covered or concealed until authorized by the Building Official.
12 There shall be a final inspection and approval of all buildings, structures or other construction work
13 authorized by a building permit. Said final inspection shall be made upon completion of the work
14 and prior to occupancy or use.
15 Sec. 43-104. Required inspections.
16 The Building Official, upon notification, may make the inspections as set forth in this section.
17 Footing inspection. To be made after excavations for footings are complete and any required
18 reinforcing steel and form work is in place. Property line setbacks, adequate soil conditions, and
19 footing depth, width and location shall be verified.
20 Framing inspection. To be made after the roof, all framing, fire blocking and bracing are in place
21 and all pipes, chimneys and vents are complete and the rough electrical, plumbing and heating
22 inspections are approved. All structural elements shall be inspected, and the vertical reinforcing
23 steel for foundations shall be verified.
24 Final inspection. To be made after finish grading and the building is completed and ready for
25 occupancy.
26 Certificate of occupancy inspection. To be made prior to occupancy of any new structure or when
27 the use of any structure changes. This inspection may be substituted for the final inspection. See
28 sections 43-111 and 43-112.
29 Special inspections. Special inspections shall be made as required in the Uniform Building Code.
30 Other inspections. In addition to the called for inspections specified above, the Building Official
31 may make or require other inspections of any construction work to ascertain compliance with the
32 provisions of this code,the Building Code and other laws which are enforced by this jurisdiction.
ORDINANCE NO. 33 s 80:
PAGE -26-
1 Sec. 43-105. Reinspection.
2 Whenever the Building Official must make a third or subsequent inspection of the same portion of
3 work in order to grant approval of said work, a reinspection fee may be assessed. In instances where
4 reinspection fees have been assessed, no additional inspection of the work will be performed until
5 the required fees have been paid.
6 Sec 43-106 through 43-110. Reserved.
7 DIVISION 9. FINAL OCCUPANCY
8 Sec. 43-111. One- and two-family dwellings.
•
9 It shall be unlawful to occupy or use any one- or two-family dwelling or their accessory structures
10 until final inspections have been approved by the building electrical, plumbing and mechanical
11 sections of Permits & Inspection, except as provided in Article I, Division 4 of this chapter.
12 Sec. 43-112. All other structures.
13 No vacant land, building or structure shall be used or occupied, and no change in the existing
14 occupancy classification of a building or structure or portion thereof shall be made until the Building
15 Official has issued a certificate of occupancy therefor.
16 Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the
17 provisions of the Building Code, of this chapter or of any other ordinance of this jurisdiction.
18 Certificates presuming to give authority to violate or cancel the provisions of the building code,this
19 chapter or any other ordinance of the jurisdiction shall not be valid.
20 Sec. 43-113. Change in use.
21 No change shall be made in the character of occupancies or use of any building which would place
22 the building in a different division or different group of occupancies as defined by the Building
23 Code,unless such building is made to comply with the requirements of the building code for such
24 division or group of occupancy.
25 EXCEPTION: The character of the occupancy of existing buildings may be changed
26 subject to the approval of the building official, and the building may be occupied for
27 purposes in other groups without conforming to all the requirements of the building
28 code for those groups,provided the new or proposed use is less hazardous, based on
29 life and fire risk,than the existing use.
30 No change in the character of occupancy of a building shall be made without a certificate of
31 occupancy, as required in Section 43-112 of this code. The Building Official may issue a certificate
32 of occupancy pursuant to the intent of the above exception without certifying that the building
33 complies with all the provisions of the building code and this code.
ORDINANCE NO. 33 5 eS'a
PAGE -27-
1 A change in use as defined in the Omaha zoning ordinance shall not necessarily constitute a change
2 in use which requires the issuance of a new certificate of occupancy. In the event of a conflict,the
3 definitions of the building code shall govern.
•
4 Sec. 43-114. Certificate issued.
5 After the Building Official inspects the building or structure and finds no violations of the provisions
6 of the Building Code,this code or any other applicable ordinances,the building official shall issue
7 a certificate of occupancy which shall contain the following:
8 1. The building permit number, if applicable.
9 2. The address of the building or vacant land.
10 3. The name and address of the property owner.
11 4. The name of the business for which the certificate is issued.
12 5. A description of that portion of the building or vacant land for which the certificate is issued.
13 6. A statement that the described portion of the vacant land or building has been inspected for
14 compliance with the requirements of the Building Code and this chapter for the group and
15 division of occupancy and the use for which the proposed occupancy is classified.
16 7. The name of the building official.
17 Sec. 43-115. Temporary Certificate.
18 If the Building Official finds that no substantial hazard will result from occupancy of any building
19 or portion thereof before the same is completed,a temporary certificate of occupancy may be issued
20 for the use of a portion or portions of a building or structure prior to the completion of the entire
21 building or structure. The means of egress and the fire protection features shall be in placed and
22 continuously maintained for the portion occupied.
23 Sec. 43-116. Posting.
24 The certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be
25 removed except by the Building Official.
26 Sec. 43-117. Revocation.
27 The Building Official may, in writing, suspend or revoke a certificate of occupancy whenever the
28 certificate is issued in error, or on the basis of incorrect information supplied, or when it is
29 determined that the building or structure or portion thereof is in violation of any of the provisions
30 of the Building Code or of any other ordinance or regulation.
31 Sec. 43-118 through 43-120. Reserved.
ORDINANCE NO. 3.3 S 802
PAGE -28-
1 ARTICLE II. BUILDING CODE
2 DIVISION I. ADOPTED
3 Sec. 43-121. Building codes adopted.
4 The City of Omaha hereby adopts Volumes 1,2,and 3 of the Uniform Building Code, 1994 Edition,
5 Chapters 2-35 inclusive,along with Appendices Chapters 3 div. IV, 4 div. II, 15, 16 div. I &III, 31
6 div. I & II, as published by the International Conference of Building Officials to be used as the
7 building code for this jurisdiction. Also adopted are the Model Energy Code, 1986 Edition, and the
8 C.A.B.O. One-and Two-Family Dwelling Code, 1992 Edition,as published for one-and two-family
9 dwellings and their accessory structures, by the Council of American Building Officials.
10 Sections of these codes are modified,amended or deleted.elsewhere in this Article. Three(3)copies
11 of the Uniform Building Code, Model Energy Code and C.A.B.O. One- and Two-family Dwelling
12 Code are to be retained on file with the City Clerk. These codes shall be in effect within the limits
13 of the City of Omaha and its three (3) mile jurisdictional limits.
14 Sections 43-122 through 43-125. Reserved.
15 DIVISION 2. AMENDMENTS
16 Sec. 43-126. Uniform Building Code, 1994 Edition, amended.
17 The Uniform Building Code, 1994 Edition, is hereby amended, altered,modified and changed in the
18 following respects:
19 PAGE 1-15
20 SECTION 207-F.
21 Delete the definition for FIRE CODE and substitute the following:
22 "FIRE CODE is the current code adopted by this jurisdiction."
23 PAGE 1-22
24 SECTION 223-V.
25 Delete the definition for VALUE or VALUATION and substitute the following:
26 "VALUE or VALUATION of a building, structure, alteration or remodel shall be based on the
27 estimated cost of the work, including a reasonable value of all labor, materials, and use of
28 construction equipment required to complete the work. This shall include a reasonable value for
29 work performed by the owner or tenant. The estimated cost shall not include plumbing, electrical
30 or mechanical work for which other permits are required by this jurisdiction."
ORDINANCE NO. - S
PAGE -29-
1 PAGE 1-31
2 SECTION 305.1 DIVISION 3
3 Delete the word "six" and substitute "eight". •
4 PAGE 1-36
5 SECTION 307.1.1 DIVISION 1
6 Add Exception"2. Smokeless Powder and Black Powder which is stored in accordance with NFPA
7 496-1992 shall not constitute a hazardous occupancy under the requirements of Section 307."
8 PAGE 1-58. Table 3-A Group E-3
9 Delete the word "six" and substitute "eight".
10 PAGE 1-122
11 SECTION 713.11 Item 4
12 Amend this section by adding the following:
13 "EXCEPTION: In fully sprinklered R-1 Occupancies; openings for steel ducts penetrating the
14 ceiling of fire-resistive floor-ceiling assemblies are not required to have fire dampers when such
15 ducts are of not less than 0.019 inch(0.48 mm)thickness (No. 26 galvanized sheet steel gage) and
16 are part of a steel duct system serving and wholly contained in only one dwelling unit."
17 PAGE 1-158
18 SECTION 904.4
19 Delete the words "Building Official" and substitute "Building Board of Review."
20 PAGE 1-161
21 SECTION 905.2.4
22 At the end of the second paragraph, delete the last sentence.
23 PAGE 1-169
24 SECTION 905.15.9
25 In the first sentence, delete the words "the required special inspector or special inspection agency."
26 and substitute the words "an independent testing agency."
ORDINANCE NO. 3
3 S7a
PAGE -30-
1 PAGE 1-173
2 SECTION 1001.2
3 Amend the definition for Smoke-Protected Assembly Seating by adding a new paragraph as follows:
4 "Smoke-Protected Assembly Seating shall be designed in accordance with criteria as defined in the
5 1994 Edition of the Life Safety Code."
6 PAGE 1-176
7 SECTION 1003.4. Paragraph 4:
8 Add the following paragraph to Paragraph 4:
9 "Ramps in open parking garages used for movement of automobiles which lead directly to the
10 outside at or near grade, are permitted to be recognized as exits with unlimited travel distance
11 provided the ramp does not terminate more than 100 feet from an unobstructed opening and there
12 is at least one other exit from each level designed and constructed in accordance with the provisions
13 of Chapter 10. When this occurs, a separate ramp meeting the handicapped requirements of this
14 Code shall be provided from the level with handicapped parking stalls (usually the first level) to the
15 exterior."
16 PAGE 1-176
17 SECTION 1003.5
18 Add the following Exception:
19 "3. Secondary exits may pass through store rooms provided all of the following conditions are
20 met:
21 (i) Not more than 50% of the exit access is provided through the store room.
22 (ii) The building is fully protected with automatic fire sprinklers.
23 (iii) The exit aisle is not less than 48" wide and is marked with 4" yellow lines on
24 the floor and has a sign every 20 feet saying 'Do not block exit path'."
25 PAGE 1-180
26 SECTION 1005.7
27 Delete Exception No. 5 and substitute the following:
28 "5. Corridor walls and ceiling need not be one-hour fire-resistive construction in Group B office
29 occupancies if either of the following two conditions exist:
30 A. The corridor is within a space occupied by a single tenant.
04
1
ORDINANCE NO. 336--g4
PAGE -31-
1 B. The corridor is within a buildingprotected throughout byan automatic sprinkler
g
2 system."
3 PAGE 1-181
4 SECTION 1005.8.1
5 At the end of the first paragraph, delete the last sentence.
6 PAGE 1-181
7 SECTION 1006.1
8 Renumber Exception as Exception No. 1. Add the following new Exception:
9 "2. Repair or replacement of existing exterior stairs used only for fire escape may be done
10 without having to comply with this section provided the repairs and/or replacement complies
11 with the fire code as adopted by the City."
12 PAGE 1-200
13 CHAPTER 11 - Accessibility
14 Amend this chapter by deleting sections 1101 through. 1105 in their entirety and substitute the
15 following:
16 "Section 1101 - SCOPE
17 Buildings or portions of buildings shall be accessible to persons with disabilities as required by the
18 Nebraska Accessibility Guidelines (NAG).
19 Exception 1. Exemptions for private clubs and religious organizations shall not apply.
20 Exception 2. Group E educational facilities which serve students no older than the eighth grade may
21 allow the use of lower mounting heights than allowed by the guidelines(NAG)for plumbing fixtures
22 and toilet accessories in restrooms used by students, except that one (1) accessible restroom facility
23 for each sex shall be provided near any public assembly area, such as a gymnasium, multi-purpose
24 room, or auditorium which may be used for adult assemblies. Accessible restroom facilities not
25 adjacent to the public assembly area may have lower mounting heights as follows: Water closets:
26 13 inches to 15 inches to top of seat; Urinals 13 inches to 17 inches to top of rim; Lavatories: 26
27 inches minimum to bottom of lavatory apron; Grab bars at water closets; 23 inches to 25 inches to
28 center line of bar."
•
•
ORDINANCE NO. 335,
PAGE-32-
1 PAGE 1-211.
2 SECTION 1205
3 Delete this section and substitute:
4 "Section 1205. Alternate Ventilation.
5 1205.1 General. As an alternate to the ventilation rate requirements set forth in Sections 1202 and
6 1203 of this code, ventilation rate requirements as contained in ANSI/ASHRAE 62-1989 including
7 ANSI/ASHRAE addendum 62a-1990 will be acceptable."
8 PAGE 1-212.
9 CHAPTER 13 - Energy Conservation
10 Delete this Chapter in it's entirety.
11 PAGE 1-215
12 SECTION 1403.4.3
13 Delete subsection 1403.4.3 in its entirety and substitute the following:
14 "1403.4.3. Anchored Veneer. The design of anchored veneer shall comply with the requirements
15 of Chapter 16, Chapter 21, and this section. Where consideration is given to veneer deflection and
16 water penetration, the bending stresses in the masonry veneer material need not be considered.
17 PAGE 1-223
18 SECTION 1505.3
19 Add the following new subsection:
•
20 "1505.4 Where eave vents are used, a baffle stop, which will prevent insulation from entering
21 the eaves, but will allow ventilating air to pass from eave space to attic space, shall be provided
22 above walls adjacent to eaves."
ORDINANCE NO. 33 S
PAGE -33-
1 PAGE 1-223
2 SECTION 1506.6
3 Add the following new subsection:
4 "1505.6 Rain Water.
5 When roofs are sloped to drain over the edge, scuppers or gutters and downspouts, adequately
6 sized,pitched and supported, shall be installed to conduct rain water to ground level. Rain water
7 shall be discharge at least 3 feet away from the building foundation in a direction parallel to
8 adjoining property line when the discharge point is within 20 feet of the adjoining property line.
9 EXCEPTION: Structures with no subgrade spaces."
10 PAGE 1-237 and 2-1
11 SECTION 1603.1 General
12 Delete this sub-section in its entirety.
13 Add: "1603.1 General. All buildings and portions thereof shall be designed and constructed with
14 sufficient strength to provide a reasonable degree of safety while sustaining all dead loads and other
15 loads specified in this Chapter or elsewhere in this Code. Impact loads shall be considered in the
16 design of any structure when such loads are likely to occur. Buildings or portions thereof which are
17 designed and constructed so that the strength provided is consistent with the requirements of this
18 Code shall be deemed to meet the requirements of this Section.".
19 PAGE 1-239 and 2-3
20 SECTION 1604.5 Live Loads Posted
21 Delete the title and first sentence of this sub-section in its entirety.
22 Add a new title as follows: "Occupants Live Load Responsibility"
23 PAGE 1-240 and 2-4
24 SECTION 1605.4 Snow Loads
25 Delete this sub-section in its entirety and substitute the following:
26 "1605.4 Snow Loads. Snow loads, full or unbalanced, shall be considered in place of loads set
27 forth in Table 16-C, where such loading will be more severe. Snow loads considered shall be
28 those set forth in Appendix Chapter 16, Division 1 Snow Load Design,page 2-1199. The basic
•
ORDINANCE NO. 3 -15-8,„
PAGE -34-
1 ground snow load(PSF) shall not be less than 30 psf(1.44 KN/m2), Ce shall be 0.7, and a rain on
2 snow load of 5 psf(.24 KN/m2) shall be applied on roofs which have a slope of less than 3 inches
3 per foot. It is not required to add the rain on snow load to loads determined in the drift
4 calculations."
5 PAGE 1-241 & 242 and 2-6
6 SECTION 1609.2 Retaining Walls
7 Delete first paragraph in its entirety and substitute the following:
8 "Retaining walls and other walls which retain earth, together with structures of which they are a
9 part, shall be designed to resist the lateral pressure of the retained material in accordance with
10 accepted engineering practice. Where the lateral pressure has not been determined by an
11 analysis, the earth is not subject to saturation, and depth'of the retained earth is not more than 10
12 feet (3.05 m), the pressure may be assumed to equal that exerted by a fluid weighing not less than
13 40 pounds per cubic foot(6.3 KN/m3) for each foot of retained depth of earth. Lateral loads
14 associated with any surcharge shall be in addition to the equivalent fluid pressure."
15 PAGE 2-9
16 SECTION 1616 Basic Wind Speed
17 Delete this sub-section in its entirety and substitute the following:
18 "The minimum basic wind speed for determining design wind pressure shall be taken as 90 miles
19 per hour(145 km/h) for the Omaha area."
20 PAGE 2-9
21 SECTION 1617 Exposure
22 Delete this sub-section in its entirety and substitute the following: "Exposure B shall be taken as
23 applicable for the Omaha area."
24 PAGE 2-10
25 SECTION 1622 Miscellaneous Structures
26 Add second paragraph.
27 "Storm shelters shall be designed to resist the loads determined in accordance with the provisions
28 of this Division and the following requirements:
29 1. Windspeed= 200 MPH (322 km/h) qs 102 PSF(4884 Pa)
30 2. Exposure "C"
ORDINANCE NO. 3 3,58
PAGE -35-
1 3. Importance Factor= 1.15
2 4. Vented Structures: Design using Cq factors as indicated except elements and
3 components not in areas of discontinuity may be designed using the Cq factors for
4 "Primary frames and systems."
•
5 5. Unvented Structures: Design using the indicated Cq factors.
6 6. The venting area required for a structure to be considered as vented shall be
7 determined by the following formula:
8 A� = 0.00098 x volume of shelter in cubic feet(Av=.003215 x
9 Volume in m3) where Av is in sq. ft.(Av is in m2)
10
11 Venting can be provided through windows and doors.
12 7. Missiles: Shelters shall be designed to prevent the penetration of a 2 inch x 4
13 inch(50.8mm x 101.6mm)piece of lumber, 12 feet(3.66m) long traveling at 100
14 MPH(161 km/h).
15 8. Loads shall be considered as ultimate loads."
16 PAGE 2-11
17 SECTION 1624.1
18 Add the following exception: "Exception: In any structure which is both less than 75 feet in
19 height and not considered an "Essential Facility" the primary lateral load resisting system may be
20 designed for the lateral force described in the equation below as an alternative to the provisions
21 of Division III.
22 Lx=0.04 wX
23 Where: LX=the lateral load at level X applied at the center of mass of level X.
24 wX=the weight of level X including dead loads and machinery loads.
25 This load shall be treated as a seismic load when used in factored load combinations per sec
26 1603.6."
27 PAGE 2-14
28 SECTION 1627.2 Seismic Zones
29 Delete this sub-section in its entirety and substitute the following:
30 "Seismic Zone 1 shall be taken as applicable for the Omaha jurisdiction. Each structure shall be
31 assigned a Zone Factor, Z, equal to 0.075."
ORDINANCE NO. 33 5 52a
PAGE -36-
1 PAGE 2-29
2 SECTION Table 16-A Uniform and Concentrated Loads
3 Modify Table as follows:
4 1. Category No. 6 - Garages, add footnotes "10" following the number 50 in the uniform
5 load column and "11" following both the numbers 100 and 50 in the uniform load
6 column.
7 2. Add the following new category No. 21:
Category Description Uniform Loan Concentrated Load
21. Corridors and Story of Exit 100PSD 2000 Lb.
Elevator Lobbies Discharge
Other Floors Same as Occupancy 2000 Lb.
but not less than 60
PSF
8 3. Add the following new footnotes:
9 "10. Access to all such floors shall be restricted to vehicles 7'-6" in height or less by
10 means of suitable structural barriers.
11 11. When the top floor of a garage is subject to snow loads, the design may consider
12 separately the live load listed herein and the snow loads as prescribed in Section
13 1605.4 snow loads."
14 4. Delete footnote 5 in its entirety and substitute the following:
15 "5. Exit facilities, except for corridors and elevator lobbies, shall include such uses
16 as stairways, fire escapes and similar uses."
17 PAGE 2-32
18 SECTION Table 16-D Maximum Allowable Deflection for Structural Members
19 Member Loaded with Live
20 Member Loaded with Load Plus Dead Load
21 " Type of Member Live Load Only(L.L.1 (1.L. +K.D.L.)
22 Roof Member or No Requirement L/600
23 Floor Member
24 Supporting Masonry
ORDINANCE NO. ,335-‘52
PAGE -37-
1 PAGE 2-32
2 SECTION Table 16-G - Combined Height, Exposure and Gust Factor
3 Coefficient Weil
4 Add footnote "2"
5 "2 the following Ce values may be used in lieu of those in Table 16-G.
6 Height Above Average Level
7 Of Adjoining Ground (Feet)
8 (x 304.8 mm)
9 0 30
0.76
10 30 - 60 0.95
11 60 - 100 1.13
12 100 - 150 1.31
13 150 - 200 1.42
14 200 - 300 1.63
15 300 - 400 1.80"
16 PAGE 1-249 and 2-45
17 SECTION 1701.5 - 14
18 Delete all the following:
19 "14. Smoke-control system.
20 14.1 During erection of ductwork and prior to concealment for the purpose of leakage testing
21 and recording of device location.
22 14.2 Prior to occupancy and after sufficient completion for the purpose of pressure difference
23 testing, flow measurement, and detection and control verification."
24 PAGE 1-249 and 2-45
25 SECTION 1701.7
26 Delete the section in its entirety and replace with:
27 "1701.7 Approved Fabricators. Special inspections required by this chapter and elsewhere in the
28 code are not required when the work is done on the premises of a fabricator or supplier certified or
29 approved by agencies listed in Table 1710.7, provided the fabricator or supplier, upon delivery to
30 the job site, certifies to the building official and the architect/engineer that the work was performed
31 in accordance with the approved plans and specifications.
32 Fabricators or suppliers not meeting the requirements of Table 1701.7 shall employ an approved
33 testing agency to inspect work requiring special inspection when the assembly or fabrication is
34 performed off site. The testing agency shall furnish weekly inspection reports and a final report to
35 the building official and the architect/engineer certifying the work was performed in accordance with
36 the approved plans and specifications.
ORDINANCE NO. 335-s ?
PAGE -38-
1 Exception: Required special inspections may be waived by the engineer/architect
2 responsible for the structural design when approved by the building official. The
3 fabricator or supplier shall in all cases still supply a certification that the work
4 performed was in accordance with the approved plans and specifications."
TABLE 1701.7
TYPE OF FABRICATOR CERTIFYING AGENCY
1. Steel Fabricators Category I certification by the American
Institute of Steel Construction(AISC) except
when a Category II certification is required by
the engineer responsible for the structural
design. Anyrequirement for a Category II
g q g rY
certification shall be stated on project plans or
specifications submitted with the application
for a building permit.
2. Steel Joist Manufacturers Member Steel Joist Institute (SJI)
3. Precast/Prestressed Concrete Suppliers Certified in the appropriate product groups
and categories by the Precast/Prestressed
Concrete Institutes (PCI) Plant Certification
Program.
5 PAGE 1-256 and 2-48
6 SECTION 1801
7 Delete from Section 1801.2 1. Testing:
8 "1.2 U.B.C. Standard 18-2 Expansion Index Test"
9 PAGE 2-48.
10 SECTION 1802
11 Add.
12 "Subsection 1802.1. Dampproofing Foundation Walls.
13 Foundation walls enclosing usable floor space below grade shall be dampproofed outside by an
14 approved method and material."
15 Add:
16 "Subsection 1802.2. Perimeter Drains. Usable floor space below finish grade in Group R Div. 1 and
17 Div. 4 occupancy shall be protected from water entry by perimeter drains. The drain design shall
ORDINANCE NO. 33S5
PAGE -39-
1 conform to good engineering practice and this Code. The design shall consider the potential
2 settlement of the loess soils common in Omaha when such soils become wet. Perimeter drains may
3 be deleted upon recommendation by a geotechnical engineer."
4 PAGE 1-252 and 2-48
5 SECTION 1803.2 Expansive Soil.
6 Delete subsection "1803.2 Expansive Soil" in its entirety.
7 PAGE 1-252 and 2-48
8 SECTION 1804.1
9 Delete subsection 1804.1
10 Add: "1804.1 General. The important engineering properties of the soil at each building site except
11 those described below shall be determined by a soil and foundation investigation. The soil and
12 foundation investigation report shall be signed by a professional engineer.
13 Exception: Foundations of one story buildings covering less than 5000 sq. ft. of
14 ground may be designed using the presumptive bearing capacities listed in Table
15 18-1-A."
16 PAGE 1-252 & 253 and 2-48
17 SECTION 1804.2 •
18 Delete subsection 1804.2 in its entirety.
19 PAGE 1-253 and 2-49
20 SECTION 1804.3 Reports
21 Delete section 1804.3 in its entirety.
22 Add the following:
23 "(c) Reports. The soil and foundation investigation report shall be identified on the plan submitted
24 to the Building Official with the permit application. The report shall include but need not be limited
25 to the following information:
26 1. A plot plan showing the location and elevation of all test borings and/or excavations.
27 2. A description of the project for which this investigation was made.
ORDINANCE NO. 3355R
PAGE-40-
1 3. Detailed logs of the borings and test pits with classification of the material encountered in
2 accordance with UBC Standard 18-1.
3 4. Elevation of water level if encountered.
4 5. Results of all field and laboratory tests.
5 6. Recommendations for foundation type and design criteria, including bearing capacity, special
6 design to minimize the effects of expansive soil and the effects of new fill loads.
7 7. Expected performance including total and differential settlement."
8 PAGE 1-253 and 2-49
9 SECTION 1804.4
10 Delete subsection 1804.4 in its entirety.
11 PAGE 1-253 and 2-49
12 SECTION 1804.5
13 Delete subsection 1804.5 in its entirety.
14 PAGE 1-253 and 2-49
15 SECTION 1804.7
16 Add: "The foundation investigation shall include recommendations for the disposal of subsurface
17 water around the structure where such water control is pertinent to the performance of the
18 foundations."
19 PAGE 1-253 and 2-49
20 SECTION 1805
21 Delete section 1805 in its entirety.
22 Add: "Section 1805 -Allowable Bearing and Lateral Resistance.
23 The allowable foundation pressures and lateral resistance used for design of structures defined in
24 Section 1804.1 as exceptions shall not exceed the value set forth in Table 18-1-A unless data to
25 substantiate the use of higher values are submitted and approved by the building official.
ORDINANCE NO. 3
PAGE -41-
1 PAGE 1- 253 & 254 and 2-49 and 2-50
2 SECTION 1806.1 and 1806.2
3 Delete subsections 1806.1 and 1806.2 in their entirety.
4 Add: "1806.1 General. Footings shall be constructed of concrete. Except as designed by a
5 qualified engineer, continuous footings shall be at least 16 inches wide and shall be reinforced with
6 not less than two#4 bars and no individual footing shall be less than 2.5 feet square. No gravel or
7 sand fill shall be placed under any footing unless evidence is submitted to the building official which
8 shows that the soil below the footing will not be adversely affected by water. The bottom surface
9 of footings, piers, pile caps, grade beams, or other foundation construction subject to frost heave
10 shall be below the established frost line. The established frost line shall be 3 feet below grade for
11 heated structures and 3 feet 6 inches below grade for unheated structures.
12 Exceptions:
13 1. The bottom surface of footings for unattached garages and unattached storage buildings of
14 wood or metal not more than 750 square feet in area shall not be less than one foot below
15 grade.
16 2. The bottom surface of foundations that bear on rock surfaces are not required to be below
17 the established frost line provided the rock does not have seams, cracks or contain
18 disintegrated material that could serve as reservoirs for water which could be subject to
19 freezing.
20 3. The support of buildings by posts embedded in the earth shall be designed as specified in
21 Section 1806.7. Wood posts or poles embedded in the soil shall be pressure treated with an
22 approved preservative. Steel posts or poles shall be protected as specified in Section 1807.9
23 1806.2 Foundation Walls. Foundation walls and other walls which retain earth together with the
24 structures of which they are a part shall be designed to resist the lateral pressure of the retained
25 material in accordance with Section 1609.2. Foundation walls shall be constructed of masonry,
26 concrete or treated wood extending at least six inches above adjacent finished grade. Treated wood
27 foundation walls shall be constructed and designed in conformance with Chapter 23.
28 PAGE 2-50
29 SECTION 1806.4.5
30 Delete subsection 1806.4.5 in its entirety.
31 PAGE 1-255 and 2-51
ORDINANCE NO. 33 5 Sc
PAGE -42-
1 SECTION 1806.5 •
2 Delete subsection 1806.5 in its entirety.
3 Add: "1806.5 Footing Design. Except for special provisions of Section 1808 covering the design
4 of piles, all portions of footings shall be designed in accordance with the structural provisions of this
5 Code."
6 PAGE 1-256 & 257 and 2-52 & 53
7 SECTION 1807
8 Section 1807 Piles-Delete subsections 1807.1, 1807.2, 1807.3, 1807.4, 1807.5, 1807.8,and 1807.11
9 in their entirety.
10 Add:
11 "1807.1 General. Pile foundations shall be designed and installed on the basis of a foundation
12 investigation as defined in Section 1804.
13 1807.2 Not used.
14 1807.3 Determination of Allowable Load. The allowable axial and lateral loads on piles shall be
15 determined by approved formula, by load test or by analysis.
16 1807.4 Static Load Tests, When the pile load tests are used to establish pile design capacity, the
17 testing procedure shall conform to one of the accepted procedures outlined by ASTM D 1143-81.
18 The type,number and location of the load test shall be as recommended in the soil and foundation
19 investigation report. The results of the load test shall be analyzed and the pile design load
20 determined by a qualified engineer.
21 1807.5 Column Action, All piles standing unbraced in air,water or material not capable of lateral
22 support, shall conform with the applicable column formula as specified in this Code. Such piles
23 driven into firm ground may be considered fixed and laterally supported at five feet below the
24 ground surface and in soft material at ten feet below surface unless otherwise indicated in the
25 foundation investigation report.
26 1807.8 Jetting. Jetting shall not be used except where specifically permitted by a qualified
27 engineer. When used,jetting shall be carried out in such a manner that the carrying capacity of
28 existing piles and structures shall not be impaired. After withdrawal of the jet, piles shall be driven
29 down until the required resistance is obtained.
30 1807.11 Use of Higher Allowable Pile Stresses. Allowable compressive stresses greater than those
31 specified in Section 1808 shall be permitted when substantiating data justifying such higher stresses
32 are submitted to and approved by the Building Official."
ORDINANCE NO. 33 5 8 g
PAGE -43-
1 PAGE 2-53 1
2 SECTION 1807 Piles - General Requirements. Add the following subsection:
3 1807.12 Splicing. "Pile splicing shall be avoided insofar as practicable. Where used, splices shall
4 be such that the vertical and lateral loads at the splices are adequately transmitted through the
5 splice."
6 PAGE 1-258 and 2-54
7 SECTION 1808.2 and 1808.2.1 •
8 Delete subsection 1808.2 and 1808.2.1 in their entirety.
9 Add: "1808.2 Uncased Cast-in-place Concrete Piles and Drilled Piers.
10 1808.2.1 Material. Concrete piles and drilled piers cast in place against-earth or temporary casings
11 in drilled or bored holes shall be made in such a manner as to ensure the exclusion of any foreign
12 matter and to secure a full sized shaft. The minimum pile diameter shall be 12 inches. Concrete
13 shall have a specified compressive strength fc of not less than 2,500 pounds per square inch(17.24
14 mpa).
15 Exception. The allowable compressive stress in concrete or grout for piles grouted
16 in place using a continuous flight hollow stem auger shall not exceed .225 fc. (fc
17 shall be determined in accordance with Section 1905)."
18 PAGE 1-258 and 2-54
19 SECTION 1808.3.2
20 Section 1808.3.2. Installation, third paragraph, last sentence delete "unless approved by building
21 official".
22 Add: "unless approved by the foundation and structural engineer."
23 PAGE 1-260 and 2-56
24 SECTION 1808.6.3
25 Delete the last paragraph.
26 Add: "Sections of driven pipe piles shall be at least 7 inches (178mm) in outside diameter with a
27 minimum .188 inch(4.8 mm)thick wall."
r
ORDINANCE NO. ,.3 5-,g,
PAGE -44-
1 PAGE 1-260 and 2-56
2 SECTION 1808.7.3
3 Delete "subsection 1808.7.3. Minimum dimensions ," in its entirety.
4 Add: "1808.7.3 Minimum dimensions. Sections of driven pipe piles shall be at least 7 inches (178
5 mm) in outside diameter with a minimum 0.188 inch(4.8 mm)thick wall."
6 PAGE 1-261 and 2-57
7 SECTION Table 18-1-A
8 Delete "Table 18-1-A Allowable Foundation and Lateral Pressure" in its entirety.
9 Add: "Table 18-1-A Allowable Bearing and Lateral Resistance
10 footnotes #1,2,3,4,& 5
11 Surface Bearing Lateral Bearing Sliding Resistance
12 Sedimentary Rock Pressure Pressure
13 Coefficient
14 Limestone 20 10 0.70
15 Sandstone 10 4 0.35
16 Shale 10 4 0.35
17 Glacial Till 4 2.0+.05d4,5 0.20
18 Loess 1.5 0.5+.05d5 0.20
19 Alluvium
20 Sand 2 .15d5 0.20
21 Clay 1.5 .5 + .05d5 0.20
22 Silt 1.5 .5 + .05d5 0.20
23 FOOTNOTES
24 1. No continuous footing designed using values from the table shall be less than 16 inches wide and
25 no individual footing less than 2.5 feet square.
26 2. Organic soils and fills that have not been prepared with soils of known properties and have not
27 been compacted as the soils have been placed, shall be presumed to have no bearing capacity and
28 shall not be considered acceptable for the support of buildings or structures other than temporary
29 buildings.
30 3. Whenever the bearing capacity of a soil is in doubt to the building official, he shall require an
31 evaluation of the soil conditions by a qualified engineer specializing in soil investigations at the
32 expense of the owner of the proposed structure. Foundations shall be redesigned as required to
33 comply with the recommendations of the engineer. A complete record of the investigation shall
34 be filed with the building official.
35 4. 'd' is defined as the depth below ground surface.
36 5. Values are not to be used for submerged soil."
ORDINANCE NO. 33,8
PAGE -45-
1 PAGE 2-57
2 SECTION Table 18-1-B
3 Delete Table 18-1-B in its entirety.
4 PAGE 1-262 and 2-58
5 SECTION Table 18-1-C
6 Delete Table 18-1-C in its entirety.
7 PAGE 2-59 thru 2-64
8 SECTION 1810 thru 1814
9 Delete Chapter 18 Division II Sections 1810 thru 1814 in its entirety.
10 PAGE 2-65 thru 2-131
11 SECTIONS 1815 thru 1818
12 Delete sections 1815 thru 1818 in their entirety.
13 PAGE 1-263 and 2-132
14 SECTION 1901 - scope
15 Add the following new exception:
16 "Exception: ACI Standard 318-89 (revised 1992) 'Building Code Requirements for Reinforced
17 Concrete' is an acceptable alternative to the provisions of this chapter."
18 PAGE 2-299
19 SECTION 2101.2.3 Empirical Design
20 Delete subsection 2101.2.3 in its entirety.
21 PAGE 2-312
22 SECTION 2106.1.1 Scope
23 Delete "or the empirical design provisions of Section 2109,"
V
ORDINANCE NO. 3_ssea_
PAGE -46-
1 PAGE 2-343 thru 346 •
2 SECTION 2109 Empirical design of masonry
3 Delete section 2109 in its entirety.
4 PAGE 2-353, 2-354, 2-355, 2-355, 2-355
5 SECTION Table 21-L, 21-M, 21-N,21-0, 21-P
6 Delete tables: 21-L, 21-M, 21-N, 21-0, 21-P in their entirety.
7 PAGE 2-828
8 SECTION 2316 - Wood Combined with Masonry or Concrete
9 Section 2316.1 -- Dead Load, delete exceptions "3" and "4" and replace with the following:
10 "3. Veneer of brick,concrete or stone applied as specified in Section 1403.6.2 may be supported
11 by approved treated wood foundation walls when the maximum height of veneer does not
12 exceed 30 feet(9144 mm) above the foundation. Such veneer, not over 20 feet (6096 mm)
13 in height, used as an exterior or interior wall finish may also be supported by wood
14 horizontal support members or wall studs,which are designed to support the additional load,
15 and are designed to limit the deflection to 1/600 of the span of the supporting members.
16 The exterior veneer shall not be supported directly on the wood, but through an adequately
17 protected steel angle fastened to the wood member.
18 4. Glass block masonry having installed weight of 20 pounds per square foot(97.6 kg/m2) or
19 less and installed with the provisions of Section 2109.5. When glass block is supported on
20 wood floors, the floors shall be designed to limit deflection to 1/600 of the span of the
21 supporting members and the allowable stresses for the framing members shall be reduced in
22 accordance with Section 2304.3.4, Item 1."
23 Add exception 5.
24 "5. Masonry and concrete veneers or glass block supported by wood under the exceptions above
25 shall be isolated by expansion or control joints when the support changes from wood to some
26 other support material. The designer shall recognize that wood shrinks and appropriate
27 provisions shall be made to mitigate any detrimental affects to the veneer from this shrinkage
28 movement of the wood supports."
!
ORDINANCE NO. 3 358,
PAGE -47-
1 PAGE 2-833 Thru 2-839
2 SECTION 2326 - Conventional Light Frame Construction Provisions
3 Delete subparagraph 2326.1 in its entirety and replace with the following:
4 "2326.1 General. The requirements in this section are intended for conventional light frame
5 construction. Other methods may be used provided they are in compliance with other provisions of
6 this code."
7 Delete subparagraphs 2326.2, 2326.3, 2326.4 & 2326.5 in their entirety.
8 Delete sub-subparagraph 2326.11.3 -Bracing. in its entirety.
9 Replace with. "The lateral load system shall be designed in accordance with the structural criteria
10 elsewhere in the code."
11 Delete sub-subparagraph 2326.11.4 - Alternate Braced Wall Panel. in its entirety.
12 Replace with. "The lateral load system shall be designed in accordance with the structural criteria
13 elsewhere in the code."
14 Delete sub-subparagraph 2326.11.5 - Cripple Walls. in its entirety.
15 PAGE 2-836
16 Section 2326.8.3
17 Section 2326.8.3 - Framing Details. Delete the second paragraph and replace with the following:
18 "Holes bored in joists shall not be within 2" of the top and bottom of the joist, and the diameter of
19 any such hole shall not exceed 1/3 the depth of the joist and shall be placed in the middle 1/2 of the
20 joist span. Notches in the top and bottom of joist or holes not described above shall not be allowed
21 unless the notch or hole has been considered in the design."
22 PAGE 2-836
23 SECTION 2326.8.3
24 Section 2326.8.3 - Framing Details. Add the following sentence to the end of the Section:
s?
25 "Holes one inch or less in diameter may be located any place one inch or more away from the edge
26 provided that adjacent holes are at least 4 inches clear wood distance apart."
V
ORDINANCE NO. 3 3 5a2
PAGE -48-
1 PAGE 2-839 and 2-840
2 SECTION 2326.11.9 - Cutting and Notching
3 2326.11.10 -Bored Holes
4 Delete sub-subparagraphs 2326.11.9 and 2326.11.10 in their entirety and substitute the following:
5 "2326.11.9. Cutting and Notching. In exterior walls and bearing partitions, wood studs may not be
6 notched unless the reduced strength and stiffness is taken into account. Cutting or notching of studs
7 to a depth not greater than 40% of the width of the stud is permitted in non-bearing partitions
8 supporting no loads other than the weight of the partition.
9 2326.11.10. Bored Holes. A hole not greater in diameter than 25%of the stud width may be bored
10 into any wood stud. Bored holes not greater than 55% of the width of the stud are permitted in
11 non-bearing partitions or in any wall where each stud is double the required capacity,provided not
12 more than two successive double studs are bored. In no case shall the edge of the bored hole nearer
13 than 3/4 of an inch to the edge of the stud. Bored hole shall not be located at the same section of
14 stud as a cut or notch."
15 PAGE 1-355
16 SECTION 2602.4. Thermal barrier.
17 EXCEPTION:
18 4. Delete this exception and replace with the following: "Within an attic or crawl space where
19 entry is made only for service of utilities or pest control and access to the attic or crawl space
20 is via a scuttle hole with maximum dimensions of 24" x 30"."
21 PAGE 1-365
22 CHAPTER 29 - Plumbing Systems
23 Delete Chapter 29 in its entirety and refer to Omaha Plumbing Code.
24 PAGE 1-367
25 CHAPTER 30 - Elevators, Dumbwaiters, Escalators and Moving Walks
26 Delete Chapter 30 in its entirety. Refer to State Elevator Code.
27 PAGE 1-379
28 CHAPTER 32 - Construction the Public Right of Way
29 Delete this Chapter in its entirety. Refer to Article IV of this chapter-Use of Public Ways During..
30 Building Operations.
ORDINANCE NO. 3_s-a.
PAGE -49-
1 PAGE 1-381
2 SECTION 3301.2
3 Delete Subsection 3301.2 in its entirety.
4 Add: "3301.2 Protection of Adjoining Property. The requirements for protection of adjacent
5 property shall be as defined by prevailing law. Where not defined by law,the following shall apply:
6 Any person making or causing an excavation below an existing adjacent structure's floors or
7 foundations shall protect the excavation so that the adjoining soil will not settle or cave-in and shall
8 extend the foundation of any adjoining buildings below the proposed depth of the excavation at the
9 expense of the person causing or making the excavation. Before commencing the excavation, the
10 person making or causing the excavation to be made shall notify in writing the owners of adjoining
11 buildings not less than 30 days before such excavation is to be made and shall include a detailed
12 design signed by a registered professional engineer showing how the excavation is to be protected
13 and how the foundations of the existing buildings are to be lowered."
14 PAGE 1-386
15 SECTION 3405
16 In the last paragraph, delete the words "Section 109 of this code" and substitute "Section 43-112 of
17 the Omaha Municipal Code."
18 Sec. 43-127. CABO. One- and two-family Dwelling Code, 1992 Edition, amended.
19 Pages 1 through 5: Secs. R-101 through& including R-117.
20 Delete in their entirety.
ORDINANCE NO. 33.57(
PAGE -50-
1 Page 9: Table R-201.2. Delete and replace with the following:
Table No. R-201.2
Climatic and Geographic Design Criteria
Roof Roof Wind Seismic Subject to Damage Subject to Winter
Live Snow Pressur Conditi From' Damage From Design
Load' Load e (Lbs. on by Temp.
(Lbs. (Lbs. per Sq. Zone Weather Frost Termi Decay for Htg.
per Sq. per Sq. Ft.) ing Line to Faciliti
Ft.) Ft.) Depth es
20 303 20 1 Severe 42" Yes Yes -15°F
204
'Roof live and snow loads are not additive.
2 Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy structural
requirements of this code. The weathering column shall be filled in with the weathering index(i.e., "negligible",
"moderate",or"severe",)for concrete as determined from the Weathering Probability Map in Appendix A. The
grade of masonry units shall be determined from ASTM C34,C55,C62,C73,C90,C129,C145,C216,or C652
listed in Section S-26.201. The frost line depth may require deeper footings than indicated in Figure No.R-303.
The jurisdiction shall fill in the frost line depth column with "yes" or"no" including minimum depth of footing
below finish grade.
3 Slopes less than 4 on 12.
°Slopes greater or equal to 4 on 12."
2 Page 12: Section R-205 - Ceiling Height
3 Add the following:
4 Exception: "4. The building official shall have the authority to waive the requirements of this
5 section where pre-existing conditions will not allow the requirements to be met."
6 Page 18: Section R-210.2. Emergency Egress Openings.
7 Delete from the 2nd paragraph "All egress windows from sleeping rooms must have a minimum net
8 clear opening of 5.7 square feet."
9 Delete the Exception in its entirety.
10 Page 19. Section R-212. Landings.
11 Add a second exception after "does not swing over the stair."
ORDINANCE NO. 33
PAGE-51-
1 "2. At the top of an exterior flight of stairs where the threshold is no more than 24" above
2 the adjacent grade."
3 Page 19. Section R-213.1 - General.
4 Add a 4th paragraph as follows:
5 "The building official shall have the authority to waive the requirements of this section
6 where pre-existing conditions will not allow the requirements to be met."
7 Page 20: Sec. R-214.1. Handrails.
8 Delete the last sentence of the first paragraph and replace with the following:
9 "The ends of handrails shall be mitered to turn down,rounded to eliminate sharp corners, or
10 end in newal posts."
11 Page 20: Sec. R-214.2. Guardrails.
12 In the 3rd paragraph, last sentence, delete the words "at the nearest point."
13 Page 22: Sec R-216.2.3. Attics and Crawl Spaces.
14 Delete this subsection in its entirety and replace with the following: "Within an attic or crawl space
15 where entry is made only for service of utilities or pest control and access is via a scuttle hole with
16 maximum dimensions of 24" x 30"."
17 Page 23: Section R-218.1. Two Family Dwellings.
18 Delete in its entirety and replace with"For the purpose of this section, all two-family dwellings shall
19 be treated as townhouses."
20 Page 24: Sec. R-219. Ramps.
21 Add "Grade supported slabs are not covered by this code."
22 Page 25: Sec. R-220. Moisture Vapor Retarders.
23 Add Exception: "3. Exterior bathroom walls."
i _ �
ORDINANCE NO. .31 gc,,?
PAGE -52-
•
1 Page 27: Sec. R-302.1 Wood Foundations.
2 Add the following: ,
3 "Exceptions:
4 1. Footings shall be in accordance with Section R-303.
5 2. If stud space is used for an air plenum,the stud space shall be lined with 1/4 inch gypsum
6 wall board or galvanized 24 gauge sheet metal.
7 Wherever the wall is penetrated by pipes, conduits, electrical devices or other items, the
8 opening shall be sealed tight with approved materials."
9 Page 28-29: Sec. R-303. Footings.
10 Delete "solid masonry or", "wood foundations" and "Footings for wood foundations shall be in
11 accordance with the details set forth in Figure Nos. R-304.5a and R-304.5b and Nfopa Technical
12 Report No. 7 listed in Section S-26.303."
13 Page 30: Figure R-303.
14 Delete and replace with the following:
ORDINANCE NO. 3. SO ? ._
PAGE -53- -
Figure No. R-303
MINIMUM FOOTING & FOUNDATION REQUIREMENTS .
GENERAL NOTES:
1. Footing widths must be at least twice foundation
wall thickness. Two story brick veneer must have
. min.20'wide footing.
2. Anchor bolt spacing:6'0'max.or the same as
2"NOMINAL THICKNESS SILL PLATE rebar sparing whichever is less.
3. Min.thickness of any slab on grade shall be 3-12-.
III ----.- -- ta"b BOLTS MIN.7"INTO CONCRETE OR 4. Foundations shall extend not less than 12'below
15" INTO MASONRY MAX 12" FROM floor slabs.
8"MIN. CORNER SEE NOTES FOR SPACING 5. Footing sizes are based on soil with an allowable
• soil pressure of 1500 pounds per square foot.
Footings on soil with a lower allowable soil\y�\\/�� pressure shall be designed in accordance with
4`� good engineering practice.
CONCRETE •
OR MASONRY
42"MIN.FOR EXTERIOR WALLS
8"MIN.FOR INTERIOR WALLS
( __ ._-. Wood or steel pipe column:
i
CONCRETE ' ` • ° • ' T ; Slab if applicable
.' ' •` 8i MIN. ( ii--
6"X 6"X 1/4"plate;
a• a a
• �-16"MIN.—.{1 • i "d - ll . .
Footing size •
• , - e .i'. . : v 3'x 3'for support of 1 floor and roof
' 4. - # ', 4'x 4'for support of.2 floors and roof
TYPICAL DWELLING FOUNDATION i Cr . - • -d . ' 18w min•: .
4 4•' - ki
•
•
- COLUMN FOUNDATION I • •
The above column foundations are limited to the support
- • of floors and roofs with a joist/rafter span of 515 ft. i
and beam/girder span of S 14 ft. j
MIN.:r
'°' I ANCHOR BOLTS 1h"x 8"@ 72"O.C. •
.
-►'=,
• ,;, 2"x 4"MIN.SILL PLATE
8"MIN. i i . 1.-..M. -r-
EMEIGIENt 314".MIN.SLAB: T7-7. .• :_i_
(- � //�7 /1+� j 8"MIN ►• Lb
.. P : a' . : .-� 31"
.
- INSULATION •R=7.5 MIN.
• ' •"" 24"MIN. i '111. .; .,, ° 1 "b BOLT @ 6'O.C.MIN.7"INTO
i t CONCRETE MAX.12"FROM CORNER
i 12"MIN. ,» ;�.•` .
42"MIN.• o'' # '
•o
c e ''j VERTICAL BAR MIN. ' ►
Aa iiii"'' i
#4 @48"O.C. • 1.12"MIN. 1 -
- • HORIZONTAL BAR '• ••
°° TYP. #4-3 LOCATIONS - - ---- •
o..• o
12"_, FLOATING FOUNDATION FOR OUTBUILDINGS
LESS THAN 750 SO.FT.
MIN. .. ... ._. _ .._. ... . . ._ ........ _--
EXCEPTION:
• . 1) Accessory structures less then 120 Sq. Ft..
ALTERNATE DWELLING FOUNDATION(LIMITED TO do not require foundations. i"}i
SUPPORT OF ONE FLOOR, ONE ROOF, AND NO 2) Floating foundations may use one.course
MASONRY VENEER) of concrete block as a curb. Nit
ORDINANCE NO. , 5-G cC
PAGE-54-
1 Page 31-32: Table No. R-304.3a and Table No. R-304.3b.
2 Delete in their entirety and substitute the following:
3 "TABLE NO. R-304.3
4 Vertical reinforcement required for basement walls subjected to no more soil pressure than would
5 be exerted by an equivalent fluid having a weight of 35 pounds per cubic foot(6).
(1) (2) (3) (4) (5)
Distance Vertical Required
Wall of Wall to Wall Wall Vertical
Type Ground Surface Thickness Span Reinforcing
Masonry or 6" or more 8" 8'8" or less No. 5 @ 40"
Concrete
8'0" or less No. 5 @ 48"
10" 8'8" or less No. 5 @ 48"
8'0" or less No. 5 @ 56"
less
12"
8'8" orNo. 5@ 56"
8'0" or less No. 5 @ 64"
16" or more 8" 8'8" or less No. 5 @ 48"
8.0" or less No. 5 @ 56"
10" . 8'8" or less No. 5 @ 64"
12" 8'8" or less No. 5 @ 64"
24" or more 8" or more 8'8" or less No. 5 @ 64"
48" or more 8" or more 8'8" or less None Required
ORDINANCE NO. 33,j S'
PAGE -55-
1 1. Applies to hollow unit masonry, Section R-410, or to solid concrete walls.
2 2. The table applies to typical basement walls in those cases where the ground line at the outside
3 face of the wall is above the basement floor slab. The distance given is to b measured from
4 the wall top downward to the ground surface elevation after final grading.
5 3. The thickness given are nominal. The actual wall thickness may be 3/8" less than nominal.
6 4. The Table applies only to walls which span vertically between levels at which resistance to
7 inward movement is provided. In the case of a typical basement wall, the resistance shall be
8 provided by a floor slab at the base of the wall and by adequately anchored floor framing at
9 the top. See typical blocking details, Fig. 304.3.
10 5. The size and spacing given is based on the use of grade 60 reinforcing bars placed not more
11 than 1 1/2" nor less than 1" from the inside face of the wall (the side opposite the earth).
12 Comply with the requirements of Section R-410 in construction of masonry walls.
13 6. Walls which do not fall within the limitations given shall be designed in accordance with
14 Section R-304.4."
- 1
9-8d NAILS SUB FLOOR SUB FLOOR
DUCT 9-8d NAILS ' • 2.): BLOCKING
2: BLOCKING
CONTINUOUS 4-10d NAILS
4-10d NAILS .JOIST INTO BLOCKING 10-10d NAILS
INTO BLOCKING
16d NAILS 0 12" 2-10d•NAILS
2-10d NAILS INTO FLAT P . •
EACH END •
2 x 10 FLAT
2x10FLAT '
10-10d NAILS • 10-10d NAILS
FOUNDATION WALL ANCHOR BOLT FOUNDATION WALL ANCHOR BOLT
BLOCKING WITH DUCT AT END WALL BLOCKING AT ENO WALL
NOTE: SPACE BLOCKING THE SAME AS REQUIRED
FOR THE ANCHOR BOLTS.
•
`. TYP. REQ'D BLOCKING
AT END WALL DETAIL
- No Scale Fig. 304.3
15 Paage 32. Sec. R-304.4. Design Required.
16 Change the number "30" to "35".
17 Pages 38-39: Sec. R-306.1. Dampproofing For Concrete and Masonry Foundations.
18 Delete paragraph 2 and 3 in their entirety.
GO
•
ORDINANCE NO. 335-8 .
PAGE -56-
1 Page 46: Sec. R-402.3. Construction.
2 Add to paragraph one:
3 "All studs shall be one piece between levels at which resistance to horizontal movement is provided
4 by a floor or roof structure."
5 Page 59: Sec. R-404.1.3. Change in Thickness.
6 Delete in its entirety.
7 Page 82: Sec. R-502.6. Shower and Bath Spaces.
8 Delete second paragraph and replace with:
9 "The walls,surrounding showers and tubs shall use an aggregated hydraulic cement board with vinyl
10 coated woven glass fiber mesh front and rear as a base backer board or equivalent for the adhesive
11 application of non-absorbent finish materials to the height of said materials."
12 Pages 96-97: Table R-602.2.1 b.
13 Delete the entire column of this table titled "Size of Plain Concrete Footing Required." and footnote
14 4.
15 Page 99: Sec. R-603.1. General.
16 Add after the first paragraph:
17 "The maximum slump of the concrete as placed shall not exceed five inches.
18 Delete paragraph two and replace with:
19 "Exterior slabs shall be constructed with control joints having a depth of at least one-fourth of the
20 slab thickness and joints shall be spaced at intervals of not more than 12 feet in each direction."
21 In the Exception, change the number "30" to "12".
•
22 Page 100: Sec. R-603.2.2. Base.
23 Delete in its entirety.
24 Page 100-101: Treated Wood Floors (on ground).
25 Delete in its entirety.
ORDINANCE NO. 33s8
PAGE -57-
1 Page 105. Sec. R-701.3. Roof Drainage.
2 After the last sentence, add the following:
3 "EXCEPTIONS: 1. Dwellings with eaves extended more than 24 inches beyond the
4 exterior walls.
5 2. Accessory structures which are less than 120 square feet or with
6 eaves which extend 6 inches or more beyond the exterior walls.
7 Page 111: Sec. R-801.3. Roof covering materials.
8 In the second sentence, delete the words "the CSSB" Grading and Packing Rules for Certi-split Red
9 Cedar Shakes", "Grading and Packing Rules for Certigrade Red Cedar Shakes", and "Grading and
10 Packing Rules for Certi-sawn Taper-Sawn Red Cedar Shingles;" and substitute the following in its
11 place:
12 "U.B.C. Standard No. 15-3, Wood Shakes", and U.B.C. Standard No. 15-4, Wood Shingles;"
13 Page 111: Add a new section as follows:
14 "Sec. R-801.4. Identification.
15 All materials shall be delivered in packages bearing the manufacturer's label or identifying work.
16 Each package of asphalt shingles,mineral surfaced roll roofing, fire-retardant-treated wood shingles
17 and shakes, modified bitumen, thermoplastic and thermoset membranes and built-up roofing ply
18 materials shall bear the label of an approved agency having a service for the inspection of material
19 and finished products during manufacture.
20 Each bundle of wood shakes or shingles shall comply with U.B.C. Standard 15-3 or 15-4,
21 respectively. Each bundle of wood shakes or shingles and slate shingles shall bear the label or
22 identification mark of an approved inspection bureau or agency showing the grade.
23 Asphalt shall be delivered in cartons indicating the name of the manufacturer,the flash point and the
24 type of product. Bulk shipments shall be accompanied with the same information issued in the form
25 of a certification or on the bill of lading by the manufacturer. Coal tar pitch shall bear the
26 manufacturer's name and type. Additional information such as equiviscous temperature(EVT)may
27 be furnished.
28 Page 135: Sec. M-1009. Inspections.
29 Delete this section in its entirety.
30 Page 145: Sub-sec. M-1102.2.1. Duct Sizing.
31 Delete this subsection in its entirety.
ORDINANCE NO. 3.3 ,5
PAGE -58-
1 Page 177 through 186: Chapter 17. Fuel Gas Supply Systems.
2 Delete this Chapter in its entirety.
3 Pages 197 through 269: Part V. Plumbing
4 Delete Chapters 20,21, 22,23,24,and 25 and appendices D,E, and F in their entirety and substitute
5 the following new paragraph:
6 "The plumbing requirements shall conform to the provisions of Chapter 49 of the Omaha Municipal
7 Code."
8 Page 270: Part VI. Electrical.
9 Delete in its entirety and substitute the following:
10 "The electrical requirements shall conform to the National Electrical Code as adopted with
11 amendments under Chapter 44 of the Omaha Municipal Code."
12 Part VII. Energy Conservation.
13 Delete in its entirety.
14 Page 373 to 385: Appendix. Chapter C.
15 Delete in its entirety.
16 Sec. 43-128. Model Energy Code, 1986 Edition, amended.
17 Chapter 1:
18 Page 1:
19 Sec. 101.3. Scope. Delete the words "structures or portion thereof' and insert "renovations".
20 Chapter 2: .
21 Page 2:
22 Sec. 101.3.1. Exempt Buildings. Add the following paragraphs:
23 "101.3.2.4. Renovations to Existing Buildings. Alterations to existing buildings or structures may
24 be made to such buildings or structures without making the entire building or structure comply,,
25 except the entire building shall comply if alterations include a heating or cooling system for a3\;
26 building or portion thereof which was not previously heated or cooled. C ti-�
ORDINANCE NO. 3358
PAGE -59-
1 "101.3.2.5. Blighted Area. Any building to be renovated that is located within an area that has been
2 designated blighted or substandard by a municipality is exempt from this code."
3 Pages 4-10:
4 Sec. 201.1. Application of terms. In alphabetical order insert the following definitions:
5 "Addition: Any construction added to an existing building which will increase the floor area of that
6 building by five percent or more.
7 Combustion Efficiency: Combustion efficiency is defined as 100 percent minus stack losses in
8 percent of heat input. (Some authorities refer to this as a Steady State Efficiency.)
9 Gross Wall Area: The vertical projection of the exterior wall area bounding interior space which is
10 conditioned by an energy-using system; includes opaque wall, window and door areas. The gross
11 area of exterior walls measured on the exterior consists of all opaque wall areas (including
12 foundation walls,between floor spandrels,peripheral edges of floors, etc.),window areas (including
13 sash),and door areas,which enclose a heated and/or mechanically cooled space(including interstitial
14 areas).
15 "Heat: 'Heat' shall be defined as the thermal transfer of energy by one of the following definitions
16 as appropriate to the use of the term.
17 A. Sensible heat: A form of energy that is transferred by virtue of a temperature difference.
18 B. Latent heat: Heat given up or taken on by a media due to a change of moisture content.
19 C. Heat of fusion: Heat removal necessary to change a material from a liquid to a solid state;
20 example, water to ice.
21 D. Heat vaporization: Heat necessary to change the state of a liquid compound from a liquid
22 to a gaseous state; example, water to steam.
23 "Heating Seasonal Performance Factor(HSPF): The total heating output of a heat pump during its
24 normal annual usage period for heating divided by the total electric power input during the same
25 period.
26 "Net Free Ventilating Areas: The actual area in square feet in which air can move through a vent.
27 It will be less than the area of the vent opening because of the metal or wooden members placed in
28 the opening to prevent the entry of insects, birds, animals, rain or snow.
29 "Positive Heat Supply: Heat deliberately supplied to a space such as a supply register, radiator or
30 heating element. Also, heat indirectly supplied to space through uninsulated surfaces of service
31 water heaters and space heating components such as furnaces, boilers, and heating and cooling ,
32 distribution systems,which continually maintains air temperature within the space of 50° or higher
33 during normal operation. To be considered exempt from inclusion in this definition, such surfaces
34 shall comply with the insulation requirements of this standard.
ORDINANCE NO. .3 358
PAGE -60- •
1 "Percentage of Glass: The percentage of glass is the fraction of the building's exterior wall which
2 is devoted to windows, doors or other openings. To determine that percentage, add the area of the
3 windows,sliding glass doors,and half the area of the solid doors in the walls,then divide the number
4 by the total outside wall area of the building (not including the part enclosing a garage or other
5 unheated space). Multiply the resulting number by 100 to get the 'percentage of glass'.
6 "Power: In connection with machines, 'power'is the time rate of doing work. In connection with the
7 transmission of energy of all types, 'power' refers to the rate at which energy is transmitted; in
8 customary units, it is measured in watts (W) or British thermal units per hour(Btu/h).
9 Renovation: Alterations for an existing building which will,over any consecutive three-year period,
10 cost more than 50 percent of the replacement value of the building at the time work is commenced.
11 Existing buildings, which were not previously heated or cooled, or altered to include a heating or
12 cooling system.
13 "Residential Building: One- and two-family dwellings,multifamily buildings, and other residential
14 buildings, including but not limited to hotels, motels, dormitories, lodging houses, rooming houses
15 and convents, not exceeding three stories above grade.
16 "Seasonal Efficiency: The amount of energy actually delivered to the dwelling in the form of useful
17 heat,as a percentage of the total energy input of the fuel consumed by the furnace during the heating
18 season. It is lower than the steady-state efficiency.
19 "Seasonal Energy Efficiency Ratio (SEER): The total cooling of an air conditioner in Btu's during
20 its normal annual usage period for cooling divided by the total electric power input in watt hours
21 during the same period.
22 "Unheated Space: An unheated space is one in which there is no vent or other device whose purpose
23 is to provide heat to or remove heat from that space on a regular basis."
24 Chapter 3:
25 Page 12:
26 Sec. 301.1. Exterior Design Conditions. Delete table for Exterior Design Conditions and substitute
27 the following:
ORDINANCE NO. 335S,
PAGE-61-
1 Exterior Design Conditions
2 Winter Design Dry Bulb -15°F
3 Summer' Design Dry Bulb 97°F
4 Summer' Design Wet-Bulb 78°F
5 Degree Days Heating 6,612
6 Degrees North Latitude 40
7 Chapter 4:
8 Page 14:
9 Sec. 401.1. General. Delete in its entirety and substitute the following:
10 "This Chapter establishes design criteria in terms of total energy use by a building, including all of
11 its systems. Designs submitted under the provisions of Chapter 4 shall be prepared by an engineer
12 or architect licensed to practice by the State of Nebraska."
13 Sec. 402.1. Energy Analysis. Delete the last paragraph and substitute the following:
14 "For an alternate building design to be considered similar to a standard design, it shall have similar
15 mechanical and electrical systems and the same.
•
16 (A) Energy source(s) for the same functions,
17 (B) Floor area,
18 (C) Ratio of envelope area to floor area,
19 (D) Environmental requirements,
20 (E) Occupancy,
21 (F) Climatological data,
22 (G) Operational schedule."
23 Page 15:
24 Sec. 402.5. Exception. Delete the words "one- and two-family dwellings, multifamily buildings,
25 and for commercial and industrial structures" and substitute "buildings".
26 Page 16, 17:
27 Sec.403.2. Exception. Exceptions 1 and 2,delete the words"residential and commercial structures"
28 and substitute "buildings".
ORDINANCE NO., �35Z0�
PAGE-62-
1 Chapter 5:
2 Page 19:
3 Sec. 502.2. Heating and Cooling Criteria. Add new paragraph as follows:
4 "502..2.1.6. Window, door and skylight assemblies shall have an R value of not less than 1.75.
5 Windows in doors shall be double glazed or equipped with storm sashes. Windows in doors shall
6 be double-glazed or a storm door provided."
7 Page 20:
8 Sec. 502.3. Criteria for Group R Residential Buildings. Delete Table No. 5-1 and substitute the
9 following:
10 TABLE No. 5-1
Type A-1 Type A-1
11 Element Mode Buildings Buildings
U. U.
12 Walls 1 Heating or Cooling 0.173 0.264
13 Roof/Ceiling 2 Heating or Cooling 0.0395 0.0395
14 Doors Over Unheated Spaces 3 Heating or Cooling 0.08 0.08
15 Doors Over Exterior Spaces 4 Heating or Cooling 0.05 0.05
16 Heated Slab on Grade Heating R Value R Value
10 10
17 Unheated Slab on Grade Heating R Value R Value
10 10
ORDINANCE NO. 3.3 5
PAGE -63-
1 Page 21:
2 Sec. 502.3.2. Cooling Criteria. Delete Table No. 5-2 and substitute the following:
3 TABLE No. 5-2
4 Element Mode Value
Three Stories or Less Heating U. =0.27
Cooling OTTV. = 33.8
Solar Factor= 127
5 Walls Over 3 Stories Heating U. =0.32
Cooling OTTV.= 33.8
Solar Factor= 128
6 Roof/Ceiling Heating or
Cooling U. = .07
Cooling OTTV,.= 8.5
7 Floors Over Unheated Spaces Heating or U. = .08
Cooling
8 Floors Over Exterior Spaces Heating or U.=0.07
Cooling
9 Heated Slab on Grade Heating or
Cooling R Value = 7.5
10 Unheated Slab on Grade Heating or
Cooling R Value= 5.2
11 Page 24:
12 Sec. 502.5. Ventilation and Vapor Control for All Buildings. All new sections as follows:
13 "502.5.1. Ventilation above ceiling insulation is necessary both winter and summer. There shall be
14 at least two vent openings to provide for the movement of air through the space.
15 "502.5.1.1. There shall be one square foot of net free inlet area and one square foot of net free outlet
16 for each 300 square feet of ceiling area when the vents are at approximately the same level.
17 "502.5.1.2. There shall be one square foot of net free inlet area and one square foot of net free outlet
18 area for each 600 square feet of ceiling area when:
19 a. Approximately half the vent area is gable,ridge or roof vents which are at least three feet
20 above the other half of the vent area which is eave or cornice vents; or
21 b. A vapor retarder is installed on the warm side of the ceiling insulation.
22 "502.5.2. Ceilings with attic spaces shall have one inch of space above the insulation for ventilation.
23 "502.5.3. Insulated frame walls shall be provided with a.vapor retarder with a permeance rating of
24 1.0 perm or less on the heated side of the insulation."
4111)
ORDINANCE NO. , ,j
PAGE -64-
I
1 Page 27:
2 Sec. 503.4.3. HVAC System Combustion Equipment. Delete in its entirety and substitute the
3 following:
4 "503.4.3. HVAC System Combustion Equipment. All gas-fired comfort heating equipment shall
5 b equipped with intermittent ignition devices approved by the American Gas
6 Association. Flue dampers shall be provided on all gas-fired furnaces on which the use
7 of such flue dampers is approved. Flue dampers may be omitted wherever furnaces are
8 located in unheated spaces or obtain combustion air directly from the outside and into
9 the combustion chamber. Equipment shall show a maximum rated output, except for
10 horizontal furnaces which may have a minimum combustion efficiency of 74 percent."
11 Page 31:
12 Sec. 503.8.1.3. Temperature Control. Delete in its entirety and substitute the following:
13 "503.8.1.3. Where used to control both heating and cooling,it shall be capable of being set from 55°
14 to 85°F and shall be capable of operating the system heating and cooling in sequence. It shall be
15 adjustable to provide a temperature range of up to 10°F between full heating and full cooling,except
16 as allowed in 503.3.3.5."
17 Page 39:
18 Sec. 5051. General. Add second sentence as follows:
19 "All residential buildings shall be exempt from lighting efficiency standards."
20 Chapter 6:
21 Page 44:
22 Sec. 602.2.3. Floors Over Unheated Spaces. Add the following sentence:
23 "Floors over exterior spaces,including floors over ventilated crawl spaces use R-30 insulation where
24 space permits, otherwise use R-19 insulation."
25 Page 45:
26 Sec. 602.4. Air Leakage. Add the following section:
27 "602.4. Ventilation and Vapor Control."
28 602.4.1. Ventilation and vapor control shall conform to Section 502.5."
_n.
•
ORDINANCE NO. 335"6S'k
PAGE -65-
1 Page 50:
2 Sec. 605. Electrical Power and Lighting. Exception. Delete and substitute the following:
3 "Exception: All residential buildings shall be exempt from lighting efficiency
4 standards."
5 Page 69:
6
7 Table No. 6-1B. Wall Assemblies. Delete and substitute the following:
Table No. 6-1B \
Wall Assemblies
"UW selected shall not exceed the U. determined by Section 602.2.1 for any wall section.
"Note: Details shown are for insulation and are not complete construction details.
WALL.DETAILS A VALUE OF Uw Uw
INSULATION It wt Std
INT. FINISH 1/2" GYPSUM BOARD
- ON FURRING STRIPS
6" No insulation
':'.; .37 .62
i BLOCK--��:; BLOCK Loose Fill in
$ cores .26 .33
i '' --INSULATION
re : No insulation .34 .53
d.�r BLOCK Loose Fill in_ cores 17 .36
\---a"BLOCK-7
No msutauon 25 .31
EXT. FINISH I INT. c; •
MO int. finish) .
INT. Loose Fill in
re. FIN. �'. —.,.FINISH cavity .14 .16
BLOCK '0'
d" / No insulation
AIR SPACE HOOW :: I w/.nt. finish .19 .21
BLOCKLL ■ loose Fill in
-• .---INSULATION cavity .11 .13
INSULATION No insulation
*quit. finish 23 .29
INT. INT. Loose Fill in
FINISH 5FINISH11 EU cores w/int. finish .12 .20
BLOCK II FRIGID 1" Rigid glass •
I.! INSUL. fiber insulation
:� and finish ,14 16
.r
R-7 insulation
1- • `INSULATION wlint. finish .10 .10•
V
ORDINANCE NO. 335 •
PAGE -66-
1 Sec. 43-129 through 43-130. Reserved.
2 ARTICLE III. AWNINGS
3 Sec. 43-131. General
4 Awnings are defined as a rigid frame covered with a flexible fabric cover intended to provide
5 signage, shade, or shelter for pedestrians or the occupants of a building. Awnings must be easily
6 removable with no damage or repair required to the building to which it was attached (i.e. not an
7 integral part of the building).
8 Sec. 43-132. Location.
9 (a) Awnings must not block or restrict any required exit
10 (b) Awnings may project no closer than 3 feet to the face of the nearest public street or highway
11 curb line, as measured horizontally.
12 (c) All portions of an awning shall be at least 8 feet above any pedestrian walkway and at least 14
13 feet above any driving or parking lane.
14 (d) No portion of an awning may extend above the wall of any flat roof building nor the ridge of a
15 pitched roof building.
16 Sec. 43-133. Miscellaneous regulations.
17 (a) Awnings shall be designed, constructed and attached to the building in a manner that meets the
18 structural requirements of the Uniform Building Code.
19 (b) Awnings shall be designed and installed so that water drainage shall not cause ice on any
20 pedestrian walkway.
21 (c) Any signage (other than street numbers) attached to or a part of an awning requires a separate
22 sign permit.
23 (d) Projection of awnings into required yards shall be limited by Section 55-782. For the purpose
24 of this section, awnings in office or commercial districts shall be considered to be canopies, and in
25 residential districts they shall be considered an ornamental feature.
26 (e) Any owner or owner's agent who fails to maintain any awning in a safe and undilapidated
27 condition shall,upon notice from the building official,repair or remove the awning. Failure to repair
28 or remove the awning shall be grounds for condemnation action as defined in Article I,Div. 4 of this
29 chapter.
ORDINANCE NO. ,_______ g
PAGE -67-
1 Sec. 43-134. Awnings over public property.
2 It shall be illegal for any person to erect or hang any awning over publicly owned property without
3 first having obtained a lease as defined in Article V,Division 4, Subways,Vaults, Chapter 34 of this
4 code.
5 Sec. 43-135. Permit required.
6 It shall be illegal for any person to erect or hang any awning without first having obtained a permit
7 to do so from the Permits and Inspection Division. Applications for permits must be made on forms
8 provided by Permits and Inspection and include all information requested by those forms.
9 Sec. 43-136. Permit fees.
10 The fee for awning permits shall be:
11 $4.00 for each 100 Square Feet of vertical projected area of the awning or fraction thereof,
12 $35.00 minimum fee.
13 Sec. 43-137. Insurance.
14 (a) Any person or agent who erects, maintains, or keeps in place an awning must, before being
15 granted a permit, place on file with the Permits and Inspection Division, proof of insurance as
16 defined in subsections (b) and (c).
17 (b) The insurance shall be public liability and must be a minimum of$500,000.00 aggregate limit.
18 The insurance policy shall fully protect the city and shall indemnify and save it harmless from any
19 and all suits, judgments, exactions, executions and liabilities as to personal injuries or property
20 damage in anyconnection with or related to,or growingout of the erection,maintenance,or keeping
g P g
21 of an awning.
22 (c) Every insurance policy or certificate of insurance contemplated by this article shall have attached
23 thereto and made apart thereof an endorsement in approximately the following language:
24 PUBLIC LIABILITY AND PROPERTY
25 DAMAGE ENDORSEMENT-AWNINGS
26 "It is understood and agreed by and between the parties that the classifications of operations as set
27 forth in the policy to which this endorsement is attached shall be construed to include and cover all
28 the operations of the assured in any manner or nature whatsoever incident to or connected with the
29 erection, ownership, maintenance or removal of any awnings, and that the undersigned insurance
30 company shall (to an extent not exceeding the amount of the indemnity or coverage provided for in
31 the policy to which this endorsement is attached) defend, save, keep harmless and indemnify the
32 assured and the City of Omaha, a municipal corporation of the State of Nebraska, and its agents,
33 from all liability, claims, damages,judgments, costs and expenses of every nature and description,
34 caused by or growing out of the erection,maintenance or removal by the assured of any retractable \!
35 or fixed awnings, within the City of Omaha or its jurisdiction; the placing of any obstruction,
ORDINANCE NO.
PAGE -68-
1 barricade, material, equipment, or apparatus of any nature in any street, highway, alley or
2 thoroughfare, including the sidewalk space, as an incident to or in connection with the erection,
3 maintenance or removal by the assured of an awning, in the City of Omaha or its jurisdiction,which
4 results in damage to the person or property of the City, or of any person, firm or corporation.
5 "The insurance company shall have the right to cancel this endorsement for future liability upon
6 sixty days' written notice to the City of Omaha.
7 *This endorsement is hereby made a part of Policy No. issued by
8 of day
9 of
10 Authorized Representative"
11 Sec. 43-138. Insurance termination of coverage.
12 Whenever any insurance policy contemplated by this article is canceled or ceases to be in force or
13 effect, the owner shall immediately furnish a new insurance policy and certificate of insurance as
14 required by Section 43-137 or remove the awning. Failure to remove the awning shall be a violation
15 of this Chapter and shall, besides the penalty provided for in Section 43-6, subject the owner to a
16 mediatory injunction through court action by the City.
17 Sec. 43-139. Duration of permit.
18 If the erection of any permitted awning is not begun within 30 days nor complete within 6 months
19 of the issuance of its permit, the permit shall become void; provided, however when an awning
20 permit is issued at the same time as a building permit, it shall be valid during the same period as the
21 building permit.
22 Sec. 43-140 through 43-150. Reserved.
23 ARTICLE IV. USE OF PUBLIC WAYS FOR BUILDING OPERATIONS
24 Sec. 43-151. Permit required.
25 A permit must be obtained from the permits and inspection division prior to the obstruction or
26 occupation of any street, alley, or public sidewalk. (Exception: Legally parked motor vehicles are
27 exempt.)
28 Sec. 43-152. Applications.
29 Applications for permits under this article shall include two (2) copies of a drawing (8 1/2" X 11"
30 minimum size) showing the location and area to be used with dimensions to the nearest property
31 lines, curblines and nearest street corner and the dimensions and square footage of the area to be s ,
32 used.
33 Sec. 43-153. Insurance.
ORDINANCE NO. 3_3,5gc2
PAGE -69-
1 (a) Any person or agent needing a permit for use of the public way, as defined in this article, shall
2 before he is granted a permit, place on file with the permits and inspection division proof of
3 insurance as defined in subsections (b) and(c).
4 (b) The insurance shall be public liability and must be a minimum of$500,000.00 aggregate limit.
5 The insurance policy shall fully protect the city and shall indemnify and save it harmless from any
6 and all suits, judgments, exactions, executions and liabilities as to personal injuries or property
7 damage in any connection with or related to , or growing out of the use of public ways.
8 (c) Every insurance policy or certificate of insurance contemplated by this article shall have attached
9 thereto and made a part thereof an endorsement in approximately the following language:
10 PUBLIC LIABILITY AND PROPERTY
11 DAMAGE ENDORSEMENT -USE OF
12 PUBLIC WAYS DURING
13 BUILDING OPERATIONS
14 "It is understood and agreed by and between the parties that the classifications of operations as set
15 forth in the policy to which this endorsement is attached shall be construed to include and cover all
16 the operations of the assured in any manner or nature whatsoever incident to or connected with the
17 use of public ways during building operations and that the undersigned insurance company shall (to
18 an extent not exceeding the amount of the indemnity or coverage provided for in the policy to which
19 this endorsement is attached) defend, save, keep harmless and indemnify the assured and the City
20 of Omaha, a municipal corporation of the State of Nebraska,and its agents,from all liability,claims,
21 damages,judgments, costs and expenses of every nature and description caused by or growing out
22 of the use of public ways during building operations within the City of Omaha or its jurisdiction;the
23 placing of any obstruction, barricade,material, equipment, or apparatus of any nature in any street,
24 highway, alley or thoroughfare, including the sidewalk space, as an incident to or in connection with
25 the building operation any and all negligence on the part of the assured in erection, maintenance or
26 operation of the building in the City of Omaha or its jurisdiction, which results in damage to the
27 person or property of the City, or of any person, firm or corporation.
28 "The insurance company shall have the right to cancel this endorsement for future liability upon
29 sixty days' written notice to the City of Omaha.
30 "This endorsement is hereby made a part of Policy No. , issued by
31 of day of , 19
32 Authorized Representative"
33 Sec. 43-154. Permit fee.
34 Before any permit required by this article is issued,the applicant shall pay a fee as follows:
35 (a) For each one hundred (100) square feet or fraction thereof, two dollars ($2.00) per thirty-day
36 period.
37 (b) Minimum fee, ten dollars ($20.00)per thirty-day period.
41)
ORDINANCE NO. •
PAGE-70-
1 (c) The fee shall be waived for that part of an area to be obstructed or occupied where payment in
2 lieu of parking meter revenue is directed by the public works director.
3 (d) Whenever a public street, alley or sidewalk is obstructed or occupied without first obtaining a
4 permit, the fee shall be quadruple that required for the first thirty-day period.
5 Sec. 43-155. Reserved.
6 Sec. 43-156. Area of occupancy.
7 A permit issued under the provisions of this article shall not authorize the occupation of any
8 sidewalk, street or alley not directly in front of the lot(s)upon which the work is to be performed.
9 Sec. 43-157. Additional area.
10 If written consent and a waiver of claims for damages against the city are obtained from the owners
11 of abutting properties and this is presented to the superintendent of permits and inspection,
12 permission to occupy the roadway or sidewalk may be extended beyond that defined in section
13 43-134, to the land in front of the property.
14 Sec. 43-158. Termination of occupancy.
15 It shall be unlawful for any person to continue to occupy any street or sidewalk after the expiration
16 date of the permit or after the completion of the actual excavation, erection, repair, alteration or
17 removal of buildings or other construction associated with the obstruction, whichever occurs first.
18 Sec. 43-159. Certain storage unlawful.
19 It shall be unlawful for any person to store articles on the public street,sidewalk or alley not intended
20 for the immediate use in connection with the operations of the adjacent building.
21 Sec. 43-160. Driveways, gates.
22 When temporary obstructions block the vision of pedestrian or vehicular traffic, it shall be the
23 responsibility of the permittee to provide a watchman at the gate or driveway to protect the public.
24 All doorways and gates through sidewalk protective barriers shall be kept closed except when
25 opened to allow materials or authorized persons to pass through.
26 Sec. 43-161. Proximity to railroad tracks.
27 No temporary structure shall be erected or material placed within four and one-half feet of any
28 railroad track.
ORDINANCE NO. 33.5-67c7.
PAGE -71-
1 Sec. 43-162. Excavation under sidewalks.
2 When all or part of a public sidewalk is to be occupied or excavated,the holder of the permit issued
3 under this article shall construct a temporary sidewalk or detour. The temporary sidewalk shall be
4 a minimum of 48 inches wide,be designed for a live load of 150 pounds per square foot, and meet
5 the requirements for handicapped accessibility of this chapter. The building official may require the
6 side toward the work to be a tightly closed construction in order to protect pedestrians using the
7 walkway.
8 Sec. 43-163. Scaffolding.
9 All scaffolding used on public property must meet the requirements of OSHA Std, 1926.451. If
10 pedestrians will normally pass under the scaffolding, protection will be provided to protect them
11 from the heaviest material that has a reasonable possibility of being dropped or falling from above.
12 Sec. 43-164. Storage of earth or rubbish.
13 Excavated earth, fill earth or rubbish shall not be stored on roadways or sidewalks. Rubbish and
14 excavated earth which is not needed on site must be removed daily or kept in closed containers.
15 When dry rubbish, apt to produce dust, is being handled, it shall be kept wetted down so as to
16 prevent its being blown about by the wind.
17 Sec. 43-165. Hoist, cranes, derricks.
18 Hoists, cranes or derricks operated on public property must meet the requirements of OSHA Std.
19 1926.550 or 552 or 553 or 554 or 556.
20 Sec. 43-166. Temporary lighting.
21 When a temporary sidewalk or detour is constructed,it shall utilize existing lighting or additional
22 artificial light to provide a minimum of 0.1 footcandle of light at the walking surface.
23 Sec. 43-167. Additional approval and barricading.
24 When the area proposed to be occupied under a permit required by this article includes any portion
25 of a street, boulevard or highway improved, designed or ordinarily used for vehicular travel, the
26 permit shall also be approved by the traffic engineer. When an obstruction is placed in any street
27 or alley it must be protected by barriers, light or reflectors as directed by the public works
28 department.
29 Sec. 43-168. Maximum obstruction of roadways.
30 The occupation of the street for storage of building material,temporary sidewalks or for equipment
31 used therefor shall never exceed,in front of any one(1)building, one-half the width of the roadway.
Gj >�
V
� j
ORDINANCE NO.
PAGE -72- •
1 Secs. 43-169 through 43-170. Reserved.
2 ARTICLE V. FENCES
3 DIVISION 1. Generally.
4 Sec. 43-171. Definition.
5 For the purpose of this Article,the term "fence" shall mean a barrier enclosing or bordering a field,
6 yard, etc., used to prevent entrance, to confine, or to mark a boundary.
7 Sec. 43-172. Permit required.
8 A permit shall be required for the erection or replacement of any fence within the jurisdictional
9 limits of the City. Such permit shall comply with the requirements of Article I, Divisions 6, 7, and
10 8 of this Chapter.
•
11 DIVISION 2. Fence Design.
12 Sec. 43-173. Zoning limitations.
13 The height, openings, location, and finish facing shall comply with Chapter 55, Zoning, of the
14 Omaha Municipal Code.
15 Sec. 43-174. Materials.
16 Fences may be constructed of wood, wire, metal, concrete, masonry, plastic or any other material
17 approved by the building official. It shall be unlawful to erect, install or use barbed wire as fence
18 material within the jurisdictional limits of the City.
19 EXCEPTION: Barbed wire may be used in only the following location: on fences
20 surrounding cemeteries, public playgrounds, places used for public recreation or
21 amusement,public institutions,public utilities, factories, storage and salvage yards,
22 and airports; and on agricultural land to control livestock.
23 Sec. 43-175. Barbed wire and barbed selvage.
24 When permitted by Section 43-174 of this code, it shall be permissible to string not more than three
25 strands of barbed wire upon supports inclined at an angle not less than sixty degrees with the
26 horizontal plane when such wires are strung so that they are suspended above and within the
27 property lines and, further,that all elements of said fence shall be within a line drawn perpendicular
28 upward from the property line, and the bottom strand of the barbed wire is not less than six feet
29 above the surface of the ground measured from the outer face of the fence.
30 Barbed wire used to control livestock may be erected lower than six feet above the surface of the -7
31 ground.
ORDINANCE NO. Sg
PAGE -73-
1 Barbed wire used to enclose salvageyards shall also comply with Sections 1 -g p y S o s 6 87, 30-85, and
2 Chapter 55 of the Omaha Municipal Code.
3 Chain link fencing must be installed with the barbed selvage facing the ground unless it is installed
4 where barbed wire is permitted.
5 Sec. 43-176. Electric fences.
6 Electric fences are not allowed within the jurisdictional limits of the City.
7 EXCEPTION: In zoning districts AG and DR,electric fences may be used to control
8 the ranging of livestock.
9 ARTICLE VI. HOUSE MOVING
10 DIVISION 1. GENERALLY
11 Sec. 43-181. Definitions.
12 For the purposes of this article, the following words and phrases shall have the meanings
13 respectively ascribed to them:
14 House moving contractor: Any person who engages in work of moving in any way, or of raising,
15 lowering, supporting by shoring or upon temporary blocking,jacks or wedges, any building or other
16 structures, or any part or parts thereof.
17 Type B building: A structure having a ground floor area of less than four hundred(400) square feet,
18 with a width of less than twelve (12) feet and a height of less than twelve (12) feet.
19 Sec. 43-183. Removal of aboveground obstructions.
20 (a) Whenever it shall be necessary for house mover to move along or across any street,alley or other
21 public thoroughfare or public property, any building or structure of such height or size to interfere
22 with any wires, cables or other overhead work or the poles or other supports of such overhead work
23 belonging to any person operating and maintaining same in accordance with any provision of this
24 Code, such person operating such overhead work and the supports thereto, shall, within forty-eight
25 hours after written notice has been served upon each local manager,agent or other person authorized
26 to accept legal service, temporarily remove such overhead work and such supports as shall be
27 necessary to allow the building or other structure to pass if permits for such movement have been
28 issued under this article. This work shall be accomplished as expeditiously as possible to eliminate
29 any delays of the house mover. Any house mover or its employees or agents, shall not cut, splice,
30 remove or handle any electrical wiring, cable, poles or guy wires of any utility company or of the
31 city.
32 (b) The expense created by such removal and replacement of overhead work and the supports shall %.
33 be borne by the building owner. A certified statement of the expense of removal and replacement
34 of overhead work and supports, including payroll, payroll insurance and equipment rental or use, ` ��`
ORDINANCE NO. 3`33-es,
PAGE -74-
1 shall be furnished to the building owner by the public utility company. The utility shall also supply
2 a copy of the statement to the permits and inspection division when so requested.
3 (c) The building owner shall obtain and provide to the permits and inspection division a bond in the
4 amount of twenty-five thousand dollars ($25,000.00), executed by the building owner as principal
5 and by a licensed corporate surety. This bond before being accepted shall be approved as to form
6 by the city law department. It shall be conditioned that the building owner will pay all costs defined
7 in subsection (b) of this section, and that the party save and indemnify and keep harmless the city
8 against all liabilities which may arise because of the building move's impact on overhead work and
9 its supports.
10 Sec. 43-184. Obstructions caused by trees.
11 (a)It shall be unlawful for any person to cut or temporarily bend any lib or branch of any tree located
12 on private property for the purpose of obtaining passageway for a building or other structure unless
13 he shall have first obtained the approval and consent, in writing, of the abutting adjacent property
14 owner. All cutting or temporary displacing in any manner of such trees or parts of trees shall be
15 done by a licensed arborist.
16 (b) The expense created by trimming and pruning trees to provide a passageway for moving a
17 building or structure along public streets shall be borne by the house mover.
18 Sec. 43-185. When nuisance declared.
19 The owner of any building or other structure, or the house mover undertaking its move who shall
20 cause a building or structure to remain on any street, alley, or upon any public ground of the city for
21 a period of ten days or more shall be deemed guilty of maintaining a nuisance and upon conviction
22 thereof shall be subject to the penalties provided for violation of this article; and each day after the
23 first ten days shall constitute a separate and distinct offense.
24 Sec. 43-186. Obstructing intersections, streets, etc.
25 It shall be unlawful for any house mover to suspend operations at any time that such building or
26 other structure is within any intersection or while cables;ropes or other paraphernalia are blocking
27 or stretched across the same. When work is suspended for any reason,there shall be provided a clear
28 passageway for the full width of such streets,alleys or other thoroughfares crossing the path of such
29 moving operations.
30 EXCEPTION: Equipment breakdowns are excluded from the requirements of this
31 section. The house mover shall make all efforts possible to repair the breakdown and
32 clear the intersection as expeditiously as possible.
ORDINANCE NO.
PAGE -75-
1 Sec. 43-187. Notifications.
2 Before any building or structure shall be moved from a lot or private property onto a public street,
3 alley, highway or other public place, the house mover shall give written or telephone notice to the
4 following agencies at least twenty-four (24) hours in advance of the time of the start of moving
5 operations:
6 (1) Permits and inspection division.
7 (2) Fire division.
8 (3) Police division.
9 (4) Parks and recreation department.
10 (5) Department of public works.
11 (6) Traffic engineer.
12 (7) Omaha Public Power District.
13 (8) U.S. West.
14 (9) Metropolitan Utilities District.
15 (10) Metropolitan Area Transit.
16 (11) Cox Cable and/or Douglas County Cable Vision.
17 Sec. 43-188. Following permitted route.
18 It shall be unlawful for any house mover to move any building or structure for which a permit has
19 been issued over, onto or along any street, alley or public ground other than as specified in the
20 specific permit.
21 Sec. 43-189. Protection of public ways.
22 It shall be the duty of the house mover to properly plank,where needed, such portions of any street,
23 alley or public ground over which any building or other structure is to be moved so as not to damage
24 or injure the pavement, curbs or sidewalks thereof.
25 Sec. 43-190. Notice of damages.
26 The house mover shall notify the permits and inspection division in writing of any and all damage
27 to property belonging to the city postmarked within twenty-four (24) hours after the damage or
28 injury occurred.
29 Sec. 43-191. Unauthorized persons.
30 It shall be unlawful for any person other than the house mover engaged in the moving operations to
31 tamper with or remove any barricade, sign, danger signal or light, or to be found attempting to do
32 so. Anyone so found shall, upon conviction, be subject to the penalties provided for violations of
33 this article.
ORDINANCE NO.
PAGE -76-
1 Sec. 43-192. Work on same site - Raising, lowering building.
2 No building or structure shall be raised or lowered on its present site if the building or structure at
3 its new elevation would be a violation of this or any other chapter of this code. No building or
4 structure shall be raised or lowered without first obtaining a permit to do so.
5 Sec. 43-193. Same - Remodeling.
6 When the use of shoring, blocking,jacks or wedges is of minor extent, and in the judgment of the
7 building official does not materially affect the structural stability of the building or structure, and
8 is incidental to remodeling or repair of a building,the building official may waive the requirements
9 that such work be done by a house mover.
10 Sec. 43-194. Appeals.
•
11 Any person or persons jointly or severally aggrieved by any decision of the superintendent of the
12 permits and division may appeal to the building board of review, by filing with the permits and
13 inspection division written objections to the decision within five days from said decision together
14 with a fee of$30.00,payable to the city. Written objections shall set forth all grounds of objections,
15 and the burden of establishing the decision to be erroneous shall be upon the objector or objectors.
16 The building board of review may affirm, modify or reverse the decision appealed; but it shall
17 modify or reverse the same only on clear and convincing proof of mistake or error. The decision of
18 the building board of review shall be the final decision of the city.
19 Sec. 43-195 through 43-208. Reserved.
20 DIVISION 2. CONTRACTOR'S PERMIT
21 Sec. 43-209. Required.
22 (a) It shall be unlawful for any person to engage in the business of a house mover within the city,
23 or to move,raise, lower or to support by shoring temporary blocking,jacks or wedges any building
24 or other structure within the city,without first qualifying for and obtaining a permit to do so for the
25 current year.
26 (b) In the case of a firm, at least one partner, other than a limited partner, must qualify personally;
27 and the general permit shall issue to the firm as long as the qualified person is a partner.
28 (c) In the case of a corporation, at least one or more officers, including the manager, must qualify
29 personally; and the general permit shall issue to the corporation while such qualified person remains
30 an officer or manager of the corporation.
31 Sec. 43-210. Same - Application.
32 Before a house mover's general permit is issued to any applicant, such applicant shall submit an
33 application to the permits and inspection division on such form or forms as the superintendent of the
34 division shall prescribe, showing qualifications, experience, type of equipment, and any othe
r
ORDINANCE NO.
PAGE -77-
1 relevant data pertaining to the applicant's ability to be a house mover and to properly perform the
2 work of a house mover.
3 Sec. 43-211. Fee.
4 The fee for a permit required by the provisions of this division shall be $75.00 per year.
5 Sec. 43-212. Insurance- Required.
6 (a) All persons wishing to be a house mover within the city shall, before being granted a permit,
7 place on file with the permits and inspection division proof of insurance as defined in subsections
8 (b) and (c).
9 (b) The insurance shall be public liability and must be a minimum of$500,000.00 aggregate limit.
10 The insurance policy shall fully protect the city and shall indemnify and save it harmless from any
11 and all suits,judgments, exactions, executions and liabilities as to personal injuries or property
12 damage in any connection with, or related to , or growing out of any house move.
13 (c) Every insurance policy or certificate of insurance contemplated by this article shall have attached
14 thereto and made a part thereof an endorsement in approximately the following language:
15 PUBLIC LIABILITY AND PROPERTY
16 DAMAGE ENDORSEMENT - HOUSE MOVER
17 "It is understood and agreed by and between the parties that the classifications of operations as set
18 forth in the policy to which this endorsement is attached shall be construed to include and cover all
19 the operations of the assured in any manner or nature whatsoever incident to or connected with the
20 raising,lowering, supporting by shoring or blocking or moving of any building or structure and that
21 the undersigned insurance company shall (to an extent not exceeding the amount of the indemnity
22 or coverage provided for in the policy to which this endorsement is attached) defend, save, keep
23 harmless and indemnify the assured and the City of Omaha, a municipal corporation of the State of
24 Nebraska,and its agents,from all liability,claims, damages,judgments, costs and expenses of every
25 nature and description caused by or growing out of the raising, lowering, supporting by shoring or
26 blocking or moving of any building or structure, within the City of Omaha or its jurisdiction; the
27 placing of any obstruction, barricade,material, equipment, or apparatus of any nature in any street,
28 highway,alley or thoroughfare,including the sidewalk space, as an incident to or in connection with
29 the raising, lowering, supporting by shoring or blocking or moving any building or structure, and
30 any and all negligence on the part of the assured in raising, lowering, supporting by shoring or
31 blocking or moving of any building or structure, in the City of Omaha or its jurisdiction, which
32 results in damage to the person or property of the City, or of any person, firm or corporation.
33 " The insurance company shall have the right to cancel this endorsement for future liability upon
34 sixty days' written notice to the City of Omaha.
35 "This endorsement is hereby made a part of Policy No. , issued by
36 of .
•
ORDINANCE NO. 335 ,7
PAGE -78-
1 "Countersigned at this day of
2 19
3 Authorized Representative"
4 Sec. 43-213. Same- Termination.
5 Whenever any insurance policy required by the provisions of this article is canceled or terminates
6 for any reason the general permit of the house mover shall terminate unless the house mover shall
7 immediately furnish a new policy in compliance with this article. In such a situation, the house
8 mover shall surrender his permit and shall cease the conduct of the business until a new insurance
9 policy is furnished as required by this article.
10 Sec. 43-214. Issuance.
11 Upon complying with the provisions of this article, a general permit shall be issued to the applicant,
12 either as an individual, or in the name of the firm or corporation of which the applicant is a member,
13 officer or a manager.
14 Sec. 43-215. Expiration.
15 Every permit or renewal issued under the provisions of this article, or renewal thereof, shall expire
16 on the thirty-first day of December of the year in which it was issued.
17 Sec. 43-216. Renewal.
18 A permit issued under the provisions of this article may be renewed by the payment of the required
19 permit fee and compliance with all applicable provisions of this article.
20 Sec. 43-217. Transfer.
21 No permit issued under the provisions of this article shall be transferable.
22 Sec. 43-218. Suspension or revocation.
23 A permit issued under the provisions of this article can be suspended or revoked by the
24 superintendent of permits and inspection if in his opinion the permittee has demonstrated, through
25 multiple violations, that he/she is not capable or willing to comply with the requirements of this
26 article. The length of suspension shall be based on the severity and frequency of documented
27 violations.
ORDINANCE NO. 3358,
PAGE -79-
1 Sec. 43-219. through 43-228. Reserved.
2 DIVISION 3. SPECIFIC MOVING PERMITS
3 Sec. 43-229. Required - Generally. •
4 Before a house moving contractor moves any building or other structure onto, along or across any
5 public street, alley or on public ground in the city, he/she shall first obtain a specific permit.
6 Sec. 43-230. Same - Type B buildings.
7 Specific permits for moving a type B building shall be obtained from the permits and inspection
8 division by the owner thereof or his authorized representative.
9 Sec. 43-231. Application.
10 An application for a specific permit to move any building or structure shall be filed with the permits
11 and inspection division before any work of any nature is done preliminary to moving of any building
12 or structure. Said application shall be on a form prescribed by the permits and inspection division
13 and shall be accompanied with the following information:
14 (a) A surveyor's certificate for the lot to receive the building or structure to be moved.
15 (b) Two plot plans drawn to scale, showing the new.location of building on the lot.
16 (c) Two sets of complete architectural plans when required by the permits and inspection
17 division as necessary for appropriate evaluation of the application.
18 (d) One photograph, of size not less than three inches by five inches, of the building or structure
19 to be moved;provided that when the permits and inspection division determines it necessary
20 for a proper evaluation of the application,there shall also be furnished a set of commercial
21 photographs showing front elevations of the lot to which the building or structure is to be
22 moved and the lots on either side thereof, together with the nearest structure or building on
23 either side of the lot to which the building or structure is to be moved.
24 Sec. 43-232. Fees.
25 (a) The fee for moving a building or structure over public streets or public places, anyplace
26 within the city or its jurisdiction, shall be based on a rate equal to seventy percent of the fee
27 to construct a similar new structure.
28 (b) The fee for moving a building or structure only on private property within the city or its
29 jurisdiction shall be based on a rate equal to forty percent of the fee to construct a similar
30 new structure.
31 (c) The building permit fee for the foundation which is to receive the structure shall be_a"
32 defined in section 43-91 of this code based on the estimated cost of foundation.
f
•
ORDINANCE NO. 33 j
PAGE -80-
1 Sec. 43-23 3. Issuance.
2 (a) No permit for moving a building or structure shall be issued until notice of application has
3 been given to the owners of property adjoining the property upon which the building or
4 structure is to be moved, to the owners of utilities, and to all governmental agencies of the
5 city, and an opportunity has been given the parties to be heard upon the application. The
6 permits and inspection division shall place a notice upon the lot to which applicant proposes
7 to move the building or structure, showing the date and time of hearing on the application
8 and appropriate information notifying interested persons of the pending application. The
9 notice shall be posted at least five days prior to the hearing date.
10 (b) No specific permit shall be issued for moving a building or structure without giving
11 consideration to the following circumstances and conditions:
12 (1) The traffic hazards involved.
13 (2) The structural conditions of streets, alleys, boulevards and public property proposed to
14 be used.
15 (3) The condition and appearance of the building or structure to be moved and any injurious
16 effects upon the neighborhood to which it is to be moved.
17 (4) Architectural similarity and dissimilarity with other existing buildings or structures in
18 the neighborhood to which it is to be moved.
19 (5) Whether the building or structure to be moved is substandard to the buildings and
20 structures in the neighborhood to which it is to be moved.
21 (6) The external appearance and functional plan of the building or structure to be moved
22 for harmony with the surrounding in which it is to be placed.
23 (7) Impact on trees along the route of the move.
24 Sec. 43-234. Denial.
25 No specific permit for the moving of a building or structure shall be approved by the permits and
26 inspection division if any of the following conditions exist:
27 (a) Applicable ordinances of the city would be violated by the building or structure in its new
28 location.
29 (b) The applicant's equipment is unsafe and persons or property would be endangered by its use.
30 (c) The building or structure is too large to move without endangering persons or property.
31 (d) The building or structure is structurally unsafe or unfit for the purpose for which it is to be
32 used.
ORDINANCE NO.
PAGE -81-
1 (e) There has not been compliance with the requirement for fee,payments,bond or insurance,
2 or of other requirements of this chapter.
3 (f) The building or structure is in such a state of deterioration or disrepair, or is otherwise so
4 structurally unsafe that it could not be moved without endangering persons or property.
5
6 (g) It is proposed to move the building or structure to a location on which a similar building or
7 structure would be in violation of the zoning ordinances and requirements of the city relating
8 to such building or structure, unless a waiver has been granted by the appropriate board to
9 the ordinance in question.
10 (h) The building or structure to be moved is or has been infested with termites or other
11 destructive insects which would endanger life or property by moving the building.
12 (i) The building or structure to be moved is in such condition or age that it has depreciated more
13 than fifty percent of a similar new building; however, any building or structure may be
14 moved if it has been well maintained and is in an excellent state of preservation and meets
15 the requirements of this Code and is approved by the permits and inspection division.
16 Sec. 43-235. Expiration.
17 When work for which a permit has been issued under the provisions of this article has not been
18 started within six(6)months or completed within twelve(12)months from the date of issuance,the
19 permit shall become null and void. No further work authorized by the permit shall be done until a
20 new permit has been paid for and obtained unless the applicant or his agent has applied to the
21 superintendent of permits and inspection for an extension of time and an extension has been granted.
22 The superintendent of permits and inspection is authorized to grant extensions of time for a move
23 permit upon being presented with convincing evidence of a practical hardship, inadvertent delay in
24 financial arrangements, defects in legal titles, inability to obtain competent workers, or other cogent
25 reasons beyond the control of the applicant or his agent.
26 Sec. 43-236 through 43-246. Reserved.
27 ARTICLE VIII. BUILDING WRECKING
28 Sec. 43-247. Bond.
29 (a) It shall be unlawful for any person to engage in the wrecking or tearing down of a building
30 or other structure for which a permit is required until having filed with the permits and
31 inspection division a bond(except a bond is not required for a building or structure not more
32 than one story in height nor more than fifteen hundred square feet in floor area), in an
33 amount satisfactory to the mayor and the city council in such sum as may be required by the
34 city council,but in no event in a sum less than$10,000.00. Said bond shall be conditioned,
35 among other things, to indemnify the city against any lawsuits brought or judgments
36 obtained against the city or any of its officials resulting from accidents to persons or property
37 during or as a result of the wrecking operations and to indemnify, save and keep harmless
38 the city from any and all loss,cost,expense or liability of any kind whatsoever whichthe city
ORDINANCE NO. 3 34S6�
PAGE -82-
1 may suffer, or which may be recovered from it or by reason of the issuance of any such
2 permit or by reason of any act or thing done under the authority given in any such permit.
3 The bond shall also be conditioned to be a performance bond to assure that the premises is
4 left in a clean condition as described in section 43-249(b).
5
6 (b) It shall be permissible to file an agreement and blanket bond to cover all wrecking operations
7 of any person or company as prescribed by the permits and inspection division in the same
8 amount and with sureties as set forth in subsection (a) above, covering all wrecking
9 operations of the person from the date of such agreement and blanket bond until and
10 including December 31 of the current year.
11 Sec. 43-248. Effect of issuance.
•
12 Upon the issuance of a permit for the demolition of a building or structure, the building or structure
13 may be wrecked or torn down,provided that all the work done thereunder the permit shall be subject
14 to the supervision of the permits and inspection division and to such reasonable restrictions as it may
15 impose in regard to elements of safety and health, and provided further that the work shall be kept
16 sprinkled so that dust shall not be blown upon surrounding property, and sufficient scaffolding be
17 provided to ensure safety to human life. No permit will be issued until the applicant for the permit
18 has obtained a written statement from a pest control contractor that the premises are free of rodent,
19 pigeon and/or vermin infestation and a written statement from an asbestos inspector that the premises
20 is free of asbestos. Demolition shall be stayed until the infestation has been removed and approved.
21 The expense of inspection and/or eradication of rodents, pigeons, and/or vermin and asbestos from
22 the premises shall be borne by the applicant for the permit. Demolition shall commence no longer
23 than seventy-two hours after the premises have been declared free of rodent, pigeon and/or vermin
24 infestation.
25 Sec. 43-249. Cleaning premises.
26 (a) It shall be unlawful for a property owner to remove a building or other structure from its site
27 in such a manner that there shall remain holes or depressions dangerous to life or limb,that
28 there shall remain debris or rubbish from which dust or offensive odors or effluvium
29 detrimental to health may arise, or that any accumulations which may be dangerous to life
30 to limb are allowed to remain.
31 (b) In the event that a property owner shall refuse or neglect to leave the premises in a proper
32 and safe condition as defined above, the superintendent of the permits and inspection
33 division is authorized to put the premises in a safe and sanitary condition and to proceed to
34 collect the cost of such work against the sureties signatory to the bond of the property owner
35 who has failed to comply. The permits and inspection division shall issue no more permits
36 to the house mover to move a building, nor to the wrecker to wreck a building, who has
37 failed such compliance until and after all costs incurred by the superintendent of the permits
38 and inspection division have been paid in full.
39 (c) It is further declared unlawful for the owner of the property,or his agent,to wreck or remove
40 any building or structure from the site where it was located for which a wrecking or movingi
ORDINANCE NO. 3,3 SYa
PAGE -83-
1 permit is not required under the terms of this chapter,in such manner that there shall remain
2 debris, rubbish, holes or depressions dangerous to life or limb.
3 (d) When a building has been wrecked or removed from its site for the purpose of erecting
4 another building, the superintendent of the permits and inspection division may permit the
5 owner of the property to maintain, for a period not to exceed six months,any remaining hole
6 or depression,provided that the hole is kept clean and sanitary and that a sturdy 4 foot high
7 fence is maintained surrounding the hole. The owner shall guarantee for himself, his heirs
8 and assigns, to properly fill such remaining hole or depression at the conclusion of the six
9 month period unless the new building operations has begun.
10 (e) Fees: Demolition of a building or structure, forty (40) percent of the permit fee for the
11 estimated cost of a new building or structure:
12 (1) Minimum fee $35.00
13 (2) Maximum fee $225.00
14 Sec. 43-250 through 43-260. Reserved.
15 ARTICLE VIII. GRADING AND EROSION CONTROL.
16 Sec. 43-261. Maximum permissible slope as a result of.excavation.
17 (a) Limitation: It shall be unlawful to make an excavation or fill which causes a ground slope
18 of more than 2.5 horizontal to 1 vertical.
19 (b) Exceptions:
20
21 (1) Slopes whose faces are protected by retaining walls or other systems, which are
22 designed by an engineer registered in the State of Nebraska.
23 (2) Slopes whose vertical elevation change is less than six feet.
24 (3) Slopes which arepart of an active construction project that has been properly
P p Y
25 permitted.
26 (4) Slopes of temporary surcharge piles.
u1
elf
ORDINANCE NO.
PAGE -84-
1 Sec. 43-262. Setbacks for control for erosion and flooding.
2 (a) Top of cut slope. The top of cut slopes shall not be nearer the site boundary than one-fifth
3 of the vertical height of the slope with a minimum of two feet and a maximum of ten feet.
4 (b) Toe of slope. The toe of the slope shall not be nearer the site boundary than one-half the
5 height of the slope or a maximum of 20 feet whichever is less. Where adjoining property is
6 developed, the building official may require additional measures to protect the adjoining
7 property from damage.
8 (c) Investigation by soils engineer: The building official may require an investigation and
9 recommendation by a soils engineer to demonstrate that the intent of this section has been
10 met.
11 Sec. 43-263. Corrections.
12 Whenever the building official determines that any existing excavation or fill on private property is
13 in violation of section 43-261 or 43-262,the owner of the property on which the excavation or fill
14 is located, or the owner's agent, shall be notified in writing to correct or eliminate the hazard within
15 a reasonable period of time. If the owner or his agent does not correct the hazard within the specified
16 period of time,he shall be in violation of this chapter and be punished as provided for in section 1-10
17 of this code.
18 Sec. 43-264. Grading permits, required.
19 It shall be unlawful for any person to engage in or cause any grading, clearing or excavation
20 activities that result in the disturbance of any land area sufficiently large to require a General NPDES
21 Construction Site Storm Water Permit, without the property owner, or easement holder, or their
22 agent first obtaining a grading permit from the Permits and Inspection Division. This section shall
23 not apply to grading performed solely for agricultural purposes.
24 Sec. 43-265. Grading permit application.
25 (a) Any property owner, or easement holder, or their agent desiring a grading permit shall make
26 application to the Permits & Inspection Division on the forms provided by the Division.
27 (b) Any property owner,or easement holder, or their agent desiring a grading permit shall also
28 submit to the Permits & Inspection Division a completed Nebraska Department of
29 Environmental Quality(NDEQ)Notice of Intent/permit application for coverage under the
30 General National Pollutant Discharge Elimination System(NPDES)Construction Site Storm
31 Water Permit. Such permit application shall be made on forms provided by the NDEQ and
32 distributed by the Permits&Inspection Division. The City shall review all such completed
33 applications and then forward the documents to the NDEQ for approval or denial.
L-' y
•
ORDINANCE NO. 3 3,j f
PAGE -85-
1 Sec. 43-266. Grading permit fees.
2 Before any grading permit application will be accepted by the Permits & Inspection Division, the
3 applicant shall pay to the City of Omaha a fee of:
4 $500.00 for 10 acres or less
5 $1,000.00 for more than 10 acres.
6 Sec. 43-267. Issuance of Grading Permits.
7 If after examination of the application for a grading permit, the Public Works Department shall
8 determine that the proposed plan will meet the requirements of this article, and if the NDEQ
9 approves the NPDES application for the project, or fails to review and approve or deny the
10 application within 7 days, then the Permits & Inspection Division shall issue the Grading Permit.
11 Sec. 43-268. Erosion control at construction and development sites.
12 The Public Works Director of the City shall establish an Erosion Control Manual governing erosion
13 control at construction and development sites, which require a General NPDES Construction Site
14 Storm Water Permit. When such an Erosion Control Manual has been adopted by resolution of the
15 city council, a copy thereof shall be placed on file with the city clerk and the provisions thereof shall
16 be controlling in all subjects contained therein within the corporate limits and within the
17 jurisdictional area outside the city limits. In the event of any conflict between the provisions of the
18 adopted Erosion Control Manual, or any other ordinance, and the provisions of an NPDES permit
19 issued by the State of Nebraska,the provision which imposes the highest standard or most specific
20 practice shall prevail.
21 Section 2. That Chapter 43 of the Omaha Municipal Code as heretofore existing is hereby
22 repealed.
ORDINANCE NO. ` $S8
PAGE -86-
1 Section 3. This Ordinance shall be in full force and take effect fifteen (15) days from and
2 after the date of its passage.
INTRODUCED BY COUNCILMEMBER
4 AP ROVED BY:
MAYOR OF THE CITY OF OMAHA
PASSED JUN 2 7 1995 Goy 7-0
ATTEST:
C Y C ERK OF THE CITY OF OMAHA
APPROVED AS TO FORM:
7• Li
SSISTANT CIT ATTORNEY
P:\PI\0901.SAP
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11 y
6
MOTION BY COUNCILMEMBER "�'
I hereby move that Council Document No. /%j , Current Series,appearing as item
# on the agenda for the June 27, 1995, City Council meeting, be amended as follows:
1. By amending Section 43-38(a)(1),(2),and(3)by deleting the sum$1,000.00
as noted on line 23 and inserting in lieu thereof the dollar amount$250.00;
by deleting the dollar amount$5,000.00 as noted on line 24 and inserting in
lieu thereof the dollar amount of $1,000.00; and by deleting the dollar
amount$10,000.00 as noted on line 25 and inserting in lieu thereof the dollar
amount$2,500.00.
APPROVED AS TO FORM:
. (4 c7:4-7/.7a-
AS ISTANT CITY ATTORNEY
P:\LAW\1797.SKZ
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l
REQUEST TO LAW DEPARTMENT LAW DEPARTMENT USE ONLY
LOG BOOK NO. 10- - S -gici/ X._
TO: HERBERT M. FITLE, CITY ATTORNEY DATE ASSIGNED CG 'di '(i)-"'
DATE: June 21, 1995 ASSIGNED TO ,.oL-)AEt :•
DATE ANSWERED
REQUEST BEING MADE BY: On Behalf of Vice President Christensen
Warren We Council Staff Assistant Ext. 5518
(NAME) (DEPARTMENT) (PHONE)
i
TIME LINE: 12 WORKING DAYS FROM DATE RECEIVED BY LAW DEPT.
DATE: June 27, 1995, Council Agenda
REQUEST FOR: Amendment to Omaha Building Code Ordinance
(State Specifically What You Are Requesting)
DETAILS: (Do Not State "See Attached")
City Council Vice President Frank Christensen requests an amendment be
written and placed on the City Council Agenda for Junegi1995, that retains
the cash deposits or surety bonds amounts for condemnation appeals (Section
43 '8, Appeal) at their present levels. Those amounts are:
V
Structure . up to 3,000 square feet $ 250
Structure 3,001 to 9,999 square feet $1,000
Structure 10,000 or more square feet $2,500
The Omaha Building Code appeared as Agenda Item #28 on the June 20th
Agenda and was laid over for one week. The Law Department shall coordinate
as required to insure this amendment appears on the June 27th Agenda.
INFORMATION ATTACHED : YES NO X NONE AVAILABLE
WW/rm
c: Councilmembers; City Clerk, Steve Jensen, Acting Planning Director;
Ken Taylor, Housing Inspector; Jim Cleary, Mayor's Office; Council St ff
4
- 'ORDINANCE NO.
PAGE -11-
1 order and advising that if an appeal is not made to the city council within fifteen
2 days, such order shall become effective at that time and will be final.
3 Sec. 43-36. Continued use prohibited; placard.
4 After a building or structure has been declared a nuisance under the provisions of this division and
5 ordered torn down, it shall be unlawful for any person to begin to use and/or occupy or to continue
6 to use and/or occupy such building or structure. The director of the planning department or his/her
7 authorized administrator shall place upon such building or structure a placard setting forth that the
8 building or structure has been condemned and declared unsafe for use and/or occupancy.
9 Sec. 43-37. Abatement by city.
10 . Should the owner refuse or neglect to promptly comply with the order to tear down and remove a
11 building or structure condemned as a nuisance under the provisions of this division, or place the
12 premises in a safe condition, the director or his/her authorized administrator shall proceed with
13 tearing down and removal of the building or structure, and/or removal from the premises of the
14 remaining debris, and shall place the premises in a safe condition.
15 Sec 43-38. Appeal,procedure.
16 (a) Whenever a determination and order is made as provided in section 43-35,the owner,
17 - lessee, occupant or mortgagee of record may appeal the determination and order to
18 the city council by filing with the city clerk written objections to said determination
19 and order, and a cash deposit or corporate surety bond within fifteen days from the
20 date of the determination and order. The written objections shall set forth the
21 location of the property, and all grounds for the objections. The cash deposit or
22 surety bond shall be as follows:
23 (1) A structure of 1 to 3,000 square feet )1(c2,-6D $ 1,000.00
�24 (2) A structure of 3,001 to 9,999 square feet /j O6',0 o ' $ 5,000.00
25 (3) A structure of 10,000 square feet or more ' �i SOU oo $10,000.00
26 The purpose of the cash deposit or corporate surety bond is to provide an additional
27 assurance that the appellant has the resources and intent to repair the structure, as
28 provided by the Omaha Municipal Code, within a reasonable specified time and that
29 the structure will remain safe and secure until all repairs have been complete. The
30 cash deposit or bond will be returned to the appellant only after all required repairs
31 have been made to the structure per the order of the director or his duly authorized
32 administrator is affirmed.
33 (b) Upon receipt of such written objections to the determination and order, and the cash
34 deposit or corporate surety bond, the city clerk shall set a hearing date and shall
35 immediately notify the director of the planning department or his/her authorized
36 administrator and the objectors in writing that the hearing has been set before the city
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