Explanation
BACKGROUND:
In an effort to review and possibly reduce the regulatory burdens imposed upon community festivals by the current regulatory framework, a working group was brought together during the Summer of 2003. This working group over the course of the following months reviewed applicable code sections, offered suggestions regarding the improvement of communications and reduce the regulatory burden that they face, and sought a balance between the need to protect the public health, safety, and welfare while still being able to operate inside the city.
These proposed building code changes are a direct result of that collaborative effort between festival organizers and many city departments and divisions. These changes will allow for the registration of tents and their associated electrical distribution system under specific criteria. This registration requires that the festival organizers or their contracted testing agency certify that temporary tents in place for five days or less that are also 2,000 square feet or less in size, as well as associated and listed electrical distribution systems, meet all building code requirements. A flat application verification fee for the processing of the registration would apply and would cover all tents meeting the registration requirements at a festival. Fees for 2003 are also adjusted to take into account this proposed regulatory framework. Tents larger then 2,000 square feet or tents that are in place for longer than five days would continue to require a full building permit. For all tents, registered or permitted, all other city codes, including Zoning and Fire Codes, would also continue to apply.
The Festival Working Group reviewed these proposed changes at several meetings in the Fall of 2003 and the Columbus Building Commission recommended adoption, with incorporated modifications, at their November 2003 meeting.
FISCAL IMPACT: No funding is required for this legislation.
Title
To redraft Section 4113.51 and amend Section 4113.73 of the Columbus Building Code (Title 41) in order to provide for the registration, with proper documentation, of certain temporary tents 2,000 square feet or less in size erected in place for no more than 5 days and to adjust the 2003 fees for Community Festivals while capping all future Community Festival Fees at $25 dollars, including the required registration fee.
Body
WHEREAS, in an effort to review and possibly reduce the regulatory burdens imposed upon community festivals by the current regulatory frame, a working group was brought together during the Summer of 2003; and
WHEREAS, this working group over the course of the following months reviewed applicable code sections, offered suggestions regarding the improvement of communications and reduce the regulatory burden that they face, and sought a balance between the need to protect the public health, safety, and welfare while still being able to operate inside the city; and
WHEREAS, these proposed building code changes are a direct result of that collaborative effort between festival organizers and many city departments and divisions; and
WHEREAS, these changes will allow for the registration of tents and their associated electrical distribution system under specific criteria; and
WHEREAS, this registration requires that the festival organizers or their contracted testing agency certify that temporary tents in place for five days or less that are also 2,000 square feet or less in size, as well as associated and listed electrical distribution systems, meet all building code requirements; and
WHEREAS, a flat application verification fee for the processing of the registration would apply and would cover all tents meeting the registration requirements at a festival; and
WHEREAS, tents larger then 2,000 square feet or tents that are in place for longer than five days would continue to require a full building permit; and
WHEREAS, for all tents, registered or permitted, all other city codes, including Zoning and Fire Codes, would also continue to apply; and
WHEREAS, the Festival Working Group reviewed these proposed changes at several meetings in the Fall of 2003 and the Columbus Building Commission recommended adoption, with incorporated modifications, at their November 2003 meeting; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Columbus City Codes, 1959, are hereby supplemented by the enactment of new section 4113.51, which shall read as follows.
4113.51 Special building permits or registration - Tents.
(A) No person shall erect a tent or any variant thereof of any type tent that creates a covered or enclosed area greater than two hundred square feet (200 sq. ft. / 18.58 m2) without first applying for and obtaining a special building permit or registration from the Chief Building Official for such purpose. In addition, the fee prescribed therefor in the fee schedule shall be paid for either a special building permit or registration as hereinafter provided. Each special building permit or registration is valid for only one (1) location and is not transferable. Unless specifically required by the chief building official, construction documents prepared and sealed by a registered design professional as defined by Chapter 2 - "Definitions" of the Ohio Building Code (OBC) are not required to be submitted for a special building permit or registration for a tent.
The special building permit for a tent or a variant thereof shall be for issued for a maximum of a thirty (30) calendar day period or for any portion thereof. A special building permit shall expire at the end of the thirty (30) calendar days or at the end of the period for which it was issued. Renewal for a maximum additional thirty (30) calendar day period or for a portion thereof may be granted at the discretion of the Chief Building Official. The existence of a temporary tent or a variant thereof shall not be allowed for more than one (1) calendar year.
The erection of any tent or membrane structure, which creates a covered or enclosed area of greater than two hundred square feet (200 sq. ft. / 18.58 m2) shall be subject to the regulations of the Ohio Building Code (OBC) Chapter 31, Section 3102 - "Tents and Membrane Structures" and the Columbus Building Code. Tents that either share or are joined by common construction and/or connecting elements shall be considered one (1) tent structure.
Exemption: The erection of any frame or pole tent or any variant thereof, that is erected and used only as a temporary accessory use to a one (1), two (2) or three (3) family dwelling is exempt from obtaining a special building permit or registration under the requirements of this section. However, any tent or any variant thereof, so erected under this exemption shall not be used for any public or commercial purpose like, but not limited to, advertising, display, sales, sales promotions or special events.
(B) Registration of a Temporary Use Tent (5 days or less) For a Public Festival- A tent or any variant thereof, used for a public festival, which has a combined total covered or enclosed area greater than two-hundred square feet (200 sq. ft. - 18.58 m2), but not more than two-thousand square feet (2000 sq. ft. / 185.5 m2) shall be registered with the Department and not require a special building permit if erected for use not more than five (5) consecutive days for a specific event. The five (5) consecutive calendar days shall not include the days used for erection or dismantling of the temporary tent installation.
As a prerequisite for a temporary use tent(s) registration, either the responsible party representing the public festival, or the erector of the tent(s), shall give to the Department notarized evidence, acceptable to the Chief Building Official, that such a tent(s) or any variants thereof meet the requirements of C.C. 3390 and have been found to be safe and sanitary for their intended use and occupancy. The notarized evidence establishing that such a condition exists by benefit of compliance with all the applicable requirements of OBC Chapter 31, Section 3102 - "Tents and Membrane Structures". In addition, there shall also be provided and thereafter constantly maintained during the event, a clear space separation of a minimum of twelve feet (12 ft / 3.7 m) between each tent structure.
A single registration may be issued for each event that utilizes temporary tents as herein defined, and the registration may include all qualifying event structures eligible for registration. A copy of the temporary tent registration issued by the Chief Building Official shall be continuously posted at the festival site for the duration of the event.
(C) Any tent or any variant thereof, that is more than two-thousand square feet (2000 sq. ft. / 185.5 m2), or for which the tent's use exceeds the maximum five (5) consecutive calendar day period, shall require a special building permit. For the purposes of this code, tents or any variants thereof, that share and/or are joined by common construction and/or connecting elements shall be considered one (1) tent structure.
Section 2. That existing section 4113.73 of the Columbus City Codes, 1959, is hereby amended to read as follows.
4113.73 Electrical permit.
A. (1) No person shall construct, install, alter or repair any electrical equipment in or about any building in the city without first obtaining a permit from the department to do such work and paying the fee prescribed therefor in the fee schedule; nor shall the owner or person having charge of any property within the city cause or allow any such work to be done on such premises without a permit having been first obtained therefor and the fee having been paid.
(2) A permit shall be obtained only by an OCIEB licensed electrical contractor duly registered with the department or any occupying homeowner. A permit for the installation of a low voltage fire alarm system shall be obtained by an Ohio Division of State Fire Marshal, Bureau of Licensing and Certification certified fire alarm and detection equipment company duly registered with the department.
(3) Exceptions: No permit shall be required for repairing flush and snap switches, replacing fuses, changing lamp sockets and receptacles, taping bare joints, repairing drop cords, repairing electrical portions of an appliance, or installing battery-powered detectors and/or alarm systems or for the use of manufactured electrical assemblies listed and labeled by an recognized testing agency for all lighting and power needs in a properly registered temporary tent event.
No permit shall be required for the installation of a low-voltage, stand alone, home security or intrusion system in a one (1), two (2) or three (3) family detached dwelling and is not part of a fire alarm system. All line voltage connections of a low voltage system shall be made by an OCIEB licensed electrical contractor duly registered with the department and shall require an electrical permit.
B. (a) An electrical permit fee shall be required as follows:
(1) Residential Dwelling Units. One electrical permit fee shall be required for each dwelling unit in an R-2, R-3 or R-4 use group.
(2) Detached Garage. One (1) electrical permit fee shall be required for each detached garage except that a permit for electrical work in a one (1), two (2) or three (3) family dwelling shall also cover electrical work in the detached garage accessory to such dwelling.
(3) Other Than Residential Dwelling Units. A separate electrical permit fee for all other buildings not included above shall be required for each certified address.
(b) The minimum fee for an electrical permit shall be as prescribed in the fee schedule.
(c) Electrical permit fees shall be assessed according to the fee schedule.
(d) Electric Heating. The electrical permit fee for baseboard or radiant panel heating shall be based on the total wattage for each room being figured as a device and assessed according to wattage as prescribed in the fee schedule.
The electrical permit fee for a unit heater, infrared heater, electric heater or electric cabinet heater without ductwork shall be according to wattage as prescribed in the fee schedule.
Section 3. That all development related fees for festivals and associated tents for the 2003 Festival season are hereby waived.
Section 4. That the Development Services 2003 Fee Schedule is hereby amended and that beginning January 1, 2004, festival registrations shall be a $25 dollar flat fee and all festival fees shall be capped at $25 dollars per festival.
Section 5. That the existing Section 4113.51 of the Columbus City Codes, 1959, is hereby repealed.
Section 6. That this ordinance shall take effect and be in force from and after the earliest period provided by law.