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