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HomeMy WebLinkAboutOrdinance 182 ORDIN~NCE NO. 152 AN ORDII~ANCE PRESCRIBING REQUIRE~E~TS FOR THE CONSTRUCTION OF DEFE~TSE HOUSING. WHEREAS, a state of war exists between the United States of ~nerica and Japan, Germany and Italy; and WPIEREAS, the prosecution of the war requires that certain essential metals and other materials be reserved and made available primarily for military uses and only secondarily for civilian uses such as the construction of dwellings; and W~AS, for this reason the War Production Board, crea~ted by executive order of the President of the United States on January 16, 1942, has issued a "Defense Housing Critical List~ of critical materials which are essential to the construction and equipment of housing; and WHEREAS, certain housing construction in communities located in areas designated as "defense housing areas" by the War Production Board is eligible for priority assistance under preference rating orders issued by the War Production Board, but only for the materials and products listed in said "Defense Housing Critical List" and only in such limited quantities and for such limited uses as are therein specified; and ~KEREAS, the City of Columbia Heights is located and included in such "defense housing area" and it is in the interest of public health, safety and wel- fare that the city be in a position to secure the construction of essential housing for defense workers and others; and WHEREAS, the city wishes to cooperate in every way with the federal government in the prosecution of the war effort, now therefore, in the interest of n~tional defense and as a war emergency measure, BE IT ORDAINED BY TKE COUNCIL OF THE CITY OF COL~IAHEIGHTS: Section 1. Definitions. The following terms shall, for the Durpose of this ordinance, have the meaning indicated in this section: a. "Butlding code" shall mean and refer to any ordinance or ordinances, both singly and collectively, relating to the construction of buildings and to the installation of plumbing, heating and ventilating equipment, and electric wiring. b. '~Building official" shall mean the officer or other person charged with the administration and enforcement of the building code of the city, or his duly authorized representative. c. The term "construction" shall include the construction, alteration, extension, remodeling or repair of buildings. d. "Defense housing'~ means a project for the construction of one or more living accomodatlons and related community ~nd utility services for which a preference rating order has been issued by the War Production Board to facilitate the acquisition of critical material. e. "Defense Housing Critical List" means the list of materials as issued by the War Production Board, effedtive February 24, 1942, and subsequent amendments thereto and revisions thereof. f. '~Critical matertal'~ means an item which is produced for the construc- tion or equipmmnt of buildings and which is subject to priority, allocation or limita- tion control by the War Production Board. g. "Non-critical material,, means an item which is produced for the con- structton or equipment of buildings and ~ich is not subject to priority, allocation or limitation control by the mar Production Board. Section 2. Susoension of Code Provisions.. For the duration of the present state of war between the United States of America and Germany, Italy and Japan, or until this ordinance be sooner repealed, building permits as now required by the ordinances of this city may be granted for defense housing construction although the drawings and specifications therefor do not conform to the requirements of the building code insofar as said code relates to the use of critical material, subject to the fol- lowing terms s_ud conditions: a. In all cases where the building code requires the use of a critical material for a particular construction purpose and the use of such material for that purpose is not permitted by the Defense Housing Critical List, there m~y be substituted therefor such materials, and in such quantities, as are specified in or limited by the Defense Housing Critical List; Provided, that where the Defense Housing Critical List allows a choice of materials for a p~rticular construction purpose, the building official within his discretion n~y determine which alternate m~terial shall be used. b. In cases where the building code requires a critical material for a particular construction purpose and where the s~me or another critical material is not eligible for such purpose under the Defense Housing Critical List, the building official may permit the use of an~ non-critical material which will, in his opinion, iprovide the best available substitute. c. ~othing herein shall be construed to authorize the granting of a building permit for ~ny proposed construction not conforming in all respects to the requirements of the building code if the building official finds that such proposed construction will create a nuisance or will endanger public health, safety and wel- fare: Provided, That such findings shall be reduced to writing and shall be recorded and filed with the city clerk, subject to public inspection at all times said clerk's office is open to the public. Section $. Copies of Critical List .To Be Eeot on File. The city clerk shall secure, mark with the words "Official Copy," ~ud keep on file in his office at all times three copies of the latest revision of the Defense Housing Critical List, to- gether with all amendments thereto and all codes, standards and specifications re- ferred to therein. Said documents shall be available for public use and inspection at all times that office is open tc the public. Section 4. Enforcement. All duly constituted building, plumbing, electrical and other inspectors of the city are hereby authorized and directed to enforce and compel, by the use of all existing remedies, compliance with the requirements of the building code in the construction of all defense housing except insofar as the building code requires the u~e of critical materials. In construction calling for the use of critical materials,~ and for which a building permit has been granted purs~t to Section 2 ~f this ordinance, the specifications therefor shall be strictly enforced, and if any such inspector believes that the construction will create a nuisanc~ or situation d~ngero~s to public health, safety or welfare he shall notify the building official, who, if he m~es ~ finding that such is the case, may suspen~ the building permi~t until he finds that the offending condition has been remedied or he ms~v revoke the permit: Provided, That ~ny such finding shall be reduced to writing, with a statement of the reasons therefor, signed by the building official, and filed with the city clerk; and the s~ne shall be subject to public inspection at al! times said clerk's office is open to the public. Section 5. Severabiltt~. All parts and provisions of this ordinance are declared to be severable, and if any part or provision hereof is held invalid, such invalidity shall not affect any other part or provisions of this ordinance which can be given effect without the invalid provision. ~ Section 6. R~oeal of Conflictin~ Ordinances. All ordinances or parts of ordinsnces in conflict herewith are hereby repealed to the extent of the conflict. Section 7. Effective Date. This ordinance shall be in full force and effect from and after its adoption and publication as required by law. Adopted this 14th day of April, 1942. Offered by: Nygaard Seconded by: Spekulant Roll Call: ~yes: All Nays: None Mayo r Se~r~t~r-y to the Council