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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 -2- 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 -3- 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 -4- 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. o0o 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.