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Ord 1343 3/16/1942 A ORDINIUME NO. Ali ORDINANCE PIESCRIBING RII;QU=. MT6 FOR THE CONSTRUCTION OF DEFENSE BUILDING. 14HEREAS, a state of war exists between the United States of America and Japan, Germany and Italy; and the prosecution of the war requires that certain essen- tial metals and other materials be reserved and m-ade available for military uses and only secondarily for civilian uses such as the construction of dwellings; and WTE-AEAS,, for this reason the ',"ar Production Board> created by execu- tive order of the President of the United States on January 16, 1942, has -1-s- sued a "Defense Housing Critical List" of critical materials which are essen"- tial to the construction and equipment of housing; and MIREAS, certain housing construction in communities located in areas designated as "defense housin-17 areas" by theviar Production Board is eligible for priority assistance under preference rating, orders issued by the ar Production Board., but only for the materials and products listed in said "Defense housing Critical List" and only in such Limited uses as are therein specif ied; and 11ERL,18., the City of 11ichita Falls 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 the construction of essen- tial housing for defense workers -and others; and WHEMULS, the City wishes to cooperate in every way with the federal goverrmuent in the prosecution of the war effort, now., therefore, in the inter- est of nationnI defense and as a war emergency measure,, TFXAS: 13E IT ORDAIIED BY TIE BOA11D OF tILDERI&V OF THE CITY OF 'VVICHITA F�LLSJ, SECTION 1. DEFT1,11TIONS: The following terms shall, for the purpose of this ordinance, have the meaning indicated in this section: (a) "Duilding 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 e,-,:uip- ment., and electric wiring. (b) "Building official" shall mean the officer or other person charved with administ-,-.ition and enforcement of the buildinz code of the CD U- city, or his duly authorized representative. (c) The term "construction" shall include the construction, alter- ation, extension remodeling or repair of buildii-W,,s. (d) "Defense housing" means a project for the construction of one or more living accommodations and related community and utility services for (3 which a preference rating order has been issued by the -,,'ar Production Board to facilitate the acquisition of critical material. (e) "Defense Housing Critical Listt' means the list of materials as issued by the Vj'ar Production Board, effective February 24, 1942, and sub- sequent amendments thereto and revisions thereof. W "Criticalmateriall, means an item which is produced for the construction of ecuipment. of buildings-,and which is subject to Priorityj al- location or lijutation control by the 1�ar Production Board. ('c") IT'on-critical materia.111 means an item which is produced for the construction or eQui'Olnent of buildings and which is not subject to Ori- - I ority, allocation or limitation control by the '�i`ar Production Board. SECTION 2. SMMIN CF FROWL6ZWS: For the dUrltion of the present state of war betlifm the United b'tates of ��raerica and Gerraary, Italy and Japan, or -until this Ordimwine be sooner repealed, building permits as now rerjuired by the ordinances Of this City may be granted for defense housing construction al- though the drawings and specifications therefor do not conform to the reruire- merits of the buildiqg code insofar as said code relates to the use of critical material, subject to the following terms and conditions: (a) In all cases where the building code requires the use of a cri- tical material for a Particular construction purpose and the use of such riiater- ial for that purpose -is not permitted by the Defense Housing Critical List there may be substituted therefor such materials, and in such c_,uantities, as are'speci- fied in or limited by the Defense Housing, Critical I uist: PROVIDED,, that where the Defense housing Criticql List allows a choice of material-s—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 constructlon purpose and where the same or another critical mater- ial is not eligible for such purpose under the Defense Housing Critical List, the building, of;'icial may permit the use of any non-critical materiall which will in his opinion., provide the best available substitute. (c) Nothing herein shall be construed to authorize the granting of a building permit for any proposed construction not conforming in all respects to the reouireiaents of the building code if the building official finds that such Proposed construction will create a nuisance orwill endanger public health, safety and -welf are: PROVIDED; that such findings shall be reduced to writing and shall be recorded and filed with the City Cler1c, subject to public inspec- tion at all times said Clerk's office is open to the public. (d) For carrying into effect tile Provisions of' this ordinance., the building official (may) adopt rules or regulations not inconsistent herewith setting forth the conditions under which materials or modes of construction not conforming to the requirements of the building code may be used, it being the intention of this req-uiremcnt that the standards of federal or state agen- cies or bureaus.1 nationalj technical organizations or fire underwriters, as the same may be amended from time to time, shall serve as a guide in fixing the mirdi-,,ium rules of practice hereunder. ,al such rules or regulations, and amend- ments thereto, shall be prepared in -writing, and three certified copies thereof shall be filed with the City Clerk before they become effective. Such copies shall be available for public inspection and use at all times said Clerkts office is open to the public. Such rules or regulations, and amendments thereto, shall have the same force and effect as provisions of this ordinance., and shall be in force and effect from the time of Hling with the City Clerk until amended or repealed by order of the City Council. (e) It being provided that all findings and rules or regulations which may be made by the building officials., designated herein ject to the approval of the Board of , shall be swu- ,Uderi,,,-en and any, aggrieved parties may recuest and receive a hearing before the 13oard of Alderraen on any such find- Ings and rules or regulations, and its action thereon shall be final . SECTIOE- 3 COPIE6 OF CjRITICAL L16T TO BE, 2,,P-i 01,1 , I.-�4:: LL The City Clerk shall secure., mar 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 ,.,ritic,,.31 List, together with all amen&,,ents thereto and all codesp standards and speci- fications referred to therein. Said docurients shall be avaUable for pubiic inspection at all times that office is open to the public. SECT�� ELFORCU�,11`�T: All duly constituted building; Plumbingp electrical and other inspectors of the city are hereby authorized and directed to enforce and com- pel, by the use of all existing remedies., compliaaace with the rec-uireraents of the building- code in the construction of all defense housing except insofar as the buildinE code recadires the use of critical n-taterials. in construction calling for the use of critical 2-aterialsp and for which a buildings pe-rnit has been granted pursuant to �ec�ion 2 of this ordinance, the specifications therefor shall be strictly enforced,, and if any such inspector believes that the construction will. create a nuisance or situation dangerous 4. notify the building official if he makes a safety Or vielfare he shalJ o public health .t -such is the casep may suspend the buildiriq pernrdt until he finds finding tha , wh o that the offending condition has been remedied or he may revoke the permit: c, MOVIDED1 That any such finding sha34 be reduced to writinq with a statement ficial -uid filed with the of the reasons therefor) signed by the building oft g City Clerk; and the sarae shall be subject to Public inspection at all tj es said Clerk's office is open to the public. SECTION � BEVL-XLBILITY: All parts and provisions of this ordinance are declared to be severable., and if any put or-provision hereof is held invalid,, such invalidity shall not affect any other Part or provision of this ordinance which can be given effect without the invalid provision. SECTION 6 BEPEa 01" COINM-1,,�Tll,fl, ORDIHANCF,13: J111 ordinances or parts of ordinances in con- flict herewith are hereby repealed to the extent of the conflict. SE UTIgT_Z EFF-CTIVE DATE: This ordinance shall be in full force and effect from and after its adoption and Publication as required by law. AND PASSED APPR(YV.LD, this the day of A. D., 191,2. AMEST: L;aay City