HomeMy WebLinkAboutORD NO 614 EMERGENCY ORDINANCE N0.~/~ NEW SERIES
AN EI~RGENCY ORDINANCE OF TtTE CITY OF BAKERSFIELD
PERMITTING THE USE OF BUILDING M~TERIALS iN SUBSTI-
TUTION FOR THOSE PROHIBITED BY THE NATIONAL DEFENSE
REGULATIONS, AND PERI~ITTING THE ERECTION AND CON-
STRUCTION OF BUILDINGS WITHIN Th~ CITY IN ACCORD-
ANOE WITH PLANS AND SPECIFICATIONS APPROVED AI~ SUB-
JECT TO INSPECTION Ai~DAPPROVAL BY THE FEDEP~L
HOUSING AUTHORITY OR OTHER FEDERAL AGENCY ADVANCING
MONEY FOR THE CONSTRUCTION OF SUCH BUILDING.
V~EREAS, a state of war exists between the United States
of America and Japan, Germany and Italy; and
WHEREAS, 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
WHEREAS, for this reason the War Production Board, created
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 prefer-
ence 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
WHEREAS, the plans,-specifications and inspection require-
ments of and approved by the Federal Housing Authority frequently
fail to meet the requirements of the building ordinances of the
City; .and
'WHEREAS, the City is located and included in such a
"defense housing area" and it is in the interest of public health,
safety and welfare that the City be in a position to secure ~he
construction of essential housing for defense workers and others;
and
VfiTEREAS, 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 NATIONAL DEFENSE AND
AS A WAR D,~RGENCY ~fEASURE, BE IT 0RDAII~D BY THE COUNCIL OF THE
CITY OF BAIGERSFIELD, as follows:
Section 1. Definitions.
The following terms shall, for the purpose of this ordin-
ance, have the meaning indicated in this section:
(a) "Building'code" shall mean and refer to any ordinance
or ordinances, both singly and collectively~ relating to the con-
struction of buildings'and to the installation of plumbing, heat-
ing and ventilation equipment, and electric wiring.
(b) "Building official" shall mean the officer or 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 construc-
tion, alteration, extension, remodeling or repair of buildings.
(d) "Defense housing" means a project for the construc-
tion of one or more living accommodations and related community
.and 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 issuedby the War Production Board, effective February
24, 1942, and subsequent amendments thereto and revisions thereof.
(f) "Critical material" means an item which is produced
for the construction or equipment of buil'dings and which is subject
to priority, allocation or limitation control by the War Production
"'B'O'ard~""
(g) "Non-critical material" means an item which is pro-
duced for .the construction or equipment of buildings and which is
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not subject to priority~ allocation or limitation control by the
War Production Board.
Section 2._t. Sus~ension o__f~o.de 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,
subject to the following terms and 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 may 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 particular construction purpose~ the building
official,within his discretion, may determine which alternate
material shall be used.
(b) In cases where the building code requires a critical
material for a particular construction purpose and where the same,
or another critical material, is not eligible for such purpose
under the Defense Housing Critical List, the building official
may permit the ~se of any non-critical material which will~ in his
opinion~ provide the best available substitute.
(c) Whenever any building within the City of Bakersfield
is to be erected, constructed, altered or repaired~ and at all
times during which it is beingerected, constructedl~ altered or
repaired according to plans and specifications which shall have
been approved~ and the several phases or stages of construction
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thereof are and shall be subject to inspection and approval of
the Federal Housing Authority, or-other Federal Agency, and such
conditions are imposed by an agreement or agreements of such
authority to advance, loan, guarantee or underwrite money or funds
which shall be or shall'have been used in the erection and/or
conStructsion of such building~ and the repayment of such money
or funds shall have been secured by a lien thereon approved by
such authority, such building and its construction, alteration
or repair. shall be exempted from the provisions of the Building
Code insofar only as such Code may impose regulations, restric-
tions, conditions, lkinds of materials~ types of construction
or installations, or require inspections by City Inspectors,' or
other requirements different from or contrary to the plans, specifi-
cations or permits approved by such authorityl provided, however,
that nothing herein contained shall be deemed or construed to
exempt the builder from securing the licenses and building permits
required by the 0ity~ or from compliance with the Fire or other
Zoning Regulations of the City.
(d) Nothing herein shall be construed to authorize the
granting of a building permit for any 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 pub-
lic inspection at all times said Clerk's office is open to the
public.
S__e~i0nL. Copie~. qf Critical Lis__t~o be Kept on File.
The City Clerk shall secure, mark with the words "Official
Copy", and 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 referred to therein. Said documents shall be
available for public use and inspection at all times that the
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office is open to the public.
Section 4_~.Enforce~ent.
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 use of critical materials. In construc-
tion calling for the use of critical materials, and for which a
building permit has been granted pursuant to Section 2 of this
ordinance, the specifications therefor shall be strictly en-
forced, and if any such inspector believes that the construction
will create a nuisance. or situation dangerous to public health,
safety or welfare, he shall notify the building'official, who,
if he makes a finding that such is the case~, may suspend the
building permit until he finds that the offending condition has
been remedied or he.may revoke the permit~ provided, that any
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 same shall be subject to public inspection
at all times said Clerk's office is open to the public.
Section ~. Severability.
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 provi-
sion of this ordinance which can be given'effect without the
invalid provision.
Section 6. Be~eal qf Conflict__i~K Ordinances.
All ordinances or parts of or~i~aE~' in'b'ohflic~here,~
with are hereby repealed to the extent of the conflict.
Section ~..Emergency'Neasure.
This ordinance is hereby declared to be an emergency
measure within the meaning of SeCtion 24 of the Charter of the
City of Bakersfield, State of California, and necessary for the
immediate preservation of the public health, safety, welfare and
property.
The facts constituting such emergency are that the
United States of America is at war, that certain essential materials
are reserved primarily for military uses and substitutes of materials
and types of construction are essential to the erection and construc-
'tion of buildings during theemergency~ and that it is in the
interest of the public health, safety, welfare and property that
City inhabitants be.in the position to secure the construction of
essential housing for defense and other workers.
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I HEREBY CERTIFY that.the foregoing Emergency Ordinance
was passed and adopted by the Council of the City of Bakersfield
at a regular meeting thereof held on the 23rd day of Narch, 1942,
by the following vote:
AYES: Ct:~BB~dt~t, MARMADUKE N RRIS SIEMON SMITH VANDERLEI VERCAMMEN
NOES: _~ ......................................
ABSENT:
·' C of the
Cit erk
Council of the City of Bakersfield.
APPROVED by me this 23rd day of Narch~ 1942.
R~YOR of the City of Bakersfield.
STAT~ OF CALIFORNIAt
County of Kern ~ ss.
V. VAN RIPER, being duly sworn, deposes and says:
and that ...... 9 on the Bulletin Board at the
at a i ..r.~..../5..~....~ ......
was numbered ........ New Series, and entitled:
AN EMERGENCY ORDINANCE OF THE CITY OF
BAKERSFIELD PERMITTING THE USE OF BUILDING
MATERIALS IN SUBSTITUTION FOR THOSE PRO-
HIBITED BY THE NATIONAL DEFENSE REGULATIONSt
AND PERMITTING THE ERECTION AND CONSTRUCTION
OF BUILDINGS WITHIN THE CiTY IN ACCORDANCE
WITH PLANS AND SPECIFICATIONS APPROVED AND SUB-
JECT TO INSPECTION AND APPROVAL BY THE FEDERAL
HOUSING AUTHORITY OR OTHER FEDERAL AGENCY
ADVANCING ~ONEY FOR Th~ CONSTRUCTION OF SUCH
BUILDING.
. \~. ~'SU{~i~ribed and sworn to before me this
....... ........................
~ ' ~ Notary ounty of Kern,
- ~'" tare o a i ornia.